Minutes of the Regular Meeting of the Town Board of the Town of Kirkland held at the Town of Kirkland Municipal Building, 3699 State Route 12-B, Clinton, Oneida County, New York on December 26, 2012, at 7:00 p.m.
Present:
Supervisor Robert J. Meelan
Councilman Michael D. O'Neil
Councilman Mark C. Lewis
Councilman Fred A. Lomanto
Councilman Anthony F. Arcuri
Supervisor Meelan called the regular meeting to order and asked all persons to stand for the Pledge of Allegiance.
A motion was made by Councilman Lewis, seconded by Councilman O'Neil to accept the minutes of December 10, 2012 as printed. Upon the roll call vote, four voted aye, one abstained (Councilman Lewis was absent from the December 10th meeting) and the motion was declared carried.
The Town Clerk introduced the Bond Resolution with regard to the acquisition, construction and installation of improvements for the Clark Mills Sewer District.
RESOLUTION #101
At a meeting of the Town Board of the Town of Kirkland, Oneida County, New York, held at Town of Kirkland Municipal Building, 3699 State Route 12B, Clinton, New York 13323, on December 26, 2012, the following resolution was offered by Councilman Arcuri, who moved its adoption; seconded by Councilman Lewis:
BOND RESOLUTION DATED DECEMBER 26, 2012.
A RESOLUTION AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS FOR THE CLARK MILLS SEWER DISTRICT FACILITIES, IN THE TOWN OF KIRKLAND, ONEIDA COUNTY, NEW YROK, AT A MAXIMUM ESTIMATED COST OF $75,000 SERIAL BONDS TO PAY THE COST THEREOF.
BE IT RESOLVED by the Town Board of the Town of Kirkland, Oneida County, New York, as follows:
Section 1. The acquisition, construction and installation of certain improvements to the Clark Mills Sewer District (the "District") facilities, in the Town of Kirkland, Oneida County, New York (the "Town"), consisting of the sealing of sewer lines by injection under pressure of polymers or other similar materials, substances or chemicals into open pipe joints or other leakage points in a sewer system, either sanitary or surface drainage or both, including inspection and testing procedures incidental thereto and including acquisition, construction and installation of equipment, machinery or apparatus required in connection therewith, and acquisition of land or rights in land, is hereby authorized at an estimated maximum cost of $75,000.
Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific objects or purposes is $75,000. Said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $75,000 in serial bonds (the "Bonds") of the Town authorized to be issued pursuant to this resolution.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen (15) years, pursuant to Section 11.00(a)(4) of the Local Finance Law. The proposed maturity of the Bonds will be in excess of five years.
Section 4. Pursuant to Section 107.00(d)(3)(1) OF THE Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds.
Section 5. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised, or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution.
Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town without legal or constitutional limitation as to rate or amount. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be apportioned and assessed upon the several lots and parcels of land within the Clark Mills Sewer District, which the Town Board shall determine to be especially benefited by the improvement, an amount sufficient to pay the principal of and interest on such obligations as the same becomes due and payable, but if not paid from such source, all the taxable real property in the Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on such obligations when due.
Section 7. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00 inclusive of the Local Finance Law the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the
Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of Bonds, and the power to sell and deliver the Bonds and any bond anticipation notes providing for substantially level or declining annual debt service, is hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.
Section 8. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this resolution shall be from the Town's General Fund. It is intended that the Town shall then reimburse such expenditures with the proceeds of the Bonds and bond anticipation notes authorized by this resolution and that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the Town's "official intent" to reimburse the expenditures authorizes by this resolution with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Regulation Section 1.150-2.
Section 9. The validity of the Bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if:
•(a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or
•(b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with,
•(c) such obligations are authorized in violation of the provisions of the Constitution.
Section 10 This resolution, or a summary hereof, shall be published in the official newspapers of the Town for such purpose, together with a notice of the Clerk of the Town in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 11. This resolution is not subject to a referendum on petition in accordance with Section 35.00(b) (2) of the Local Finance Law.
Section 12. The Town Supervisor, as chief fiscal officer of the Town, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the Town to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12.
Section 13. The Town Board hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this resolution.
Section 14. This resolution shall take effect immediately.
The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Name Vote
Councilman Michael D. O'Neil AYE
Councilman Mark C. Lewis AYE
Councilman Fred A. Lomanto AYE
Councilman Anthony F. Arcuri AYE
Supervisor Robert J. Meelan AYE
The resolution was thereupon declared duly adopted.
After discussing the Rte. 12B zone change proposal with Attorney Hallak and the monetary value of the change, Supervisor Meelan said that it would be reverted back to the developer, David Lane, to go forward with the process. Mr. Meelan said that the Town would support the zone change.
Supervisor Meelan reported he talked to our insurance representative
regarding the Bicycle and Skate Board Facility at the Clinton Arena proposed by Steve Marcus, Elementary School Principal. The underwriter advised us that he had no objections as long as the independent group signs a facility rental agreement, provides the insured with a certificate showing A-1 status, and installs all their own elements.
A motion was made by Councilman O'Neil, seconded by Councilman Arcuri to pay the bills as audited. Upon the roll call vote, five voted aye, none opposed and the motion was declared carried. The totals were:
A - $ 37,907.61
B - $ 5,436.22
DA - $40,005.03
SS1 -$31,029.27
RoseMarie Arcuri, Budget Director, said that she had two budget amendments to be approved.
RESOLUTION # 102
Upon motion by Councilman O'Neil, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Town Board appropriate $107,480 (money from the 2011 paving line that was not used) from DB 2011 Fund Balance to DB 5110.4 for 2012 paving.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
RESOLUTION # 103
Upon motion by Councilman O'Neil, seconded by Councilman Lewis, the following resolution was presented:
RESOLVED, that the Town Board increase the CHIPS appropriation line DB 5112.2 to $157,732.31 and increase the CHIPS revenue line DB 3501 to $157,732.31.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Chief English said that he spoke with Matt Reilly, Superintendent of Clinton Central School, regarding the depletion of the BOCES grant money in June 2013 for the Resource Officer position. Mr. English also reported that Bob Roberts, part-time police officer, has been filling in for Resource Officer Charles Kriz at the school while he was on vacation. Chief English added that BOCES is changing the school's radio frequency as of April 2013 and he will have buy to new equipment for the police cars to be able to receive this radio frequency.
Chief English found a roller on the military surplus website appropriate for making the pad for the new Pole Barn. When the work on the Pole Barn is done the roller can be sold or given as surplus to the Highway Department. The Police Department has received a 1989 Humvee on loan from Fort Drum. Chief English said it would be useful for patrolling during Route 5 flooding, searching fields for missing persons, and transporting barricades and cones for special events. Councilman Lewis questioned whether he had put together a budget for use and maintenance of the vehicle. Chief English said that there have been no costs thus far and said any costs could be incorporated in the Police budget. Supervisor Meelan said that he was not in favor of the Humvee and wants to see the numbers before authorizing anything.
There being no further business to come before the Town Board, upon motion by Councilman O'Neil, seconded by Councilman Lewis the meeting adjourned at 7:20 p.m.
Caryl A. Galinski, Town Clerk
Town Of Kirkland
