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HomeMy Public PortalAbout2020.10.27 STB Packet 1280 TITUS AVENUE • ROCHESTER, NEW YORK 14617 • (585) 336 -6034 NOTICE OF PUBLIC HEARING OCTOBER 27, 2020 7:35 PM AGENDA 10-24-2020 PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC HEARING 10PH2020-1 ON THE MATTER OF AUTHORIZING THE UPGRADE AND REPLACEMENT OF THE FOX HALL PUMP STATION WITHIN THE TOWN OF IRONDEQUOIT CONSOLIDATED SEWER DISTRICT 10PH-1A Resolution Pursuant to Section 202-b of the Town Law Determining that it is in the Public Interest to Undertake Certain Improvements to the Town’s Consolidated Sewer District 10PH-1B Resolution Authorizing the Issuance of up to $350,000 in Serial Bonds of the Town to Undertake Certain Improvements to the Town’s Consolidated Sewer District 1 202-b Resolution Resolution No. 2020- RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”) PURSUANT TO SECTION 202-b OF THE TOWN LAW DETERMINING THAT IT IS IN THE PUBLIC INTEREST TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S CONSOLIDATED SEWER DISTRICT At a workshop meeting of the Town Board of the Town of Irondequoit, Monroe County, New York, held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 27th day of October, 2020 at 5:30 P.M. local time, there were PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ______________________________________ offered the following resolution and moved its adoption: WHEREAS, the Town Board of the Town of Irondequoit, Monroe County, New York (the “Issuer” or the “Town”) is considering authorizing certain improvements to the Town of Irondequoit Consolidated Sewer District (the “District”) consisting of the upgrade and replacement of the Fox Hall Pump Station (collectively, the “Project”); and WHEREAS, the Town’s engineers have estimated that the maximum cost of undertaking the Project is $350,000; and WHEREAS, by resolution adopted on October 13, 2020, at a workshop meeting of the Town Board held on such date, the Town Board directed that a public hearing be held on whether to authorize the Project, and to hear all persons interested in the subject thereof concerning the same on October 27, 2020 at 7:35 p.m. at the Town of Irondequoit Town Hall, 1280 Titus Avenue, Rochester, New York 14617; and WHEREAS, notice of said public hearing certified by the Town Clerk was duly published and posted as required by law, to wit: a duly certified copy thereof was published in The Post, the official newspaper of the Town, on October 15, 2020 and a copy of such notice was posted on October 15, 2020 on the signboard maintained by the Town Clerk, and on the Town’s website, pursuant to Town Law Section 193; and 2 202-b Resolution WHEREAS, said public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; and NOW THEREFORE, THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK HEREBY RESOLVES, AS FOLLOWS: SECTION 1. It is hereby determined that the Project constitutes a “Type II” action under the New York State Environmental Quality Review Act and the regulations promulgated thereunder (6 NYCRR Part 617.5(c)(1)) (collectively, “SEQRA”) and therefore no further action need be taken by the Town Board under SEQRA as a pre-condition to the adoption of this resolution. SECTION 2. Based upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to undertake the Project as hereinabove described at the estimated maximum cost of $350,000. The Town is hereby authorized on behalf of the District to undertake the Project at such estimated maximum cost. SECTION 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this resolution to be duly recorded in the office of the Clerk of Monroe County, New York within ten (10) days after the adoption hereof, in accordance with Section 195 of the Town Law. SECTION 4. This resolution shall take effect immediately. This resolution shall take effect immediately. Seconded by Town Board Member _______________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting ___________________ Town Board Member Perticone voting ___________________ Town Board Member Freeman voting ___________________ Town Board Member Romeo voting ___________________ Town Supervisor Seeley voting ___________________ Certification Page STATE OF NEW YORK ) COUNTY OF MONROE ) ss.: I, the undersigned Town Clerk of the Town of Irondequoit, Monroe County, New York (the “Town”), DO HEREBY CERTIFY as follows: 1. I am the duly qualified and acting Town Clerk of the Town and the custodian of the records of the Town, including the minutes of the proceedings of the Town Board of the Town of Irondequoit (the “Town Board”), and am duly authorized to execute this certificate. 2. A regular meeting of the Town Board of the Town was held on October 27, 2020, and attached hereto is a true and correct copy of a resolution duly adopted at such meeting and entitled: RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”) PURSUANT TO SECTION 202-b OF THE TOWN LAW DETERMINING THAT IT IS IN THE PUBLIC INTEREST TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S CONSOLIDATED SEWER DISTRICT 3. That said meeting was duly convened and held and that said resolution was duly adopted in all respects in accordance with the law and regulations of the Town. To the extent required by law or said regulations, due and proper notice of said meeting was given, and that all members of said Board had due notice of said Meeting and voted in the proper manner for the adoption of the resolution. All other requirements and proceedings under the law, said regulations, or otherwise, incident to said meeting and the adoption of the resolution, including the publication, if required by law, have been duly fulfilled, carried out and otherwise observed. 4. The seal appearing below constitutes the official seal of the Town and was duly affixed by the undersigned at the time this certificate was signed. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the Town of Irondequoit this 27th day of October, 2020. TOWN OF IRONDEQUOIT By: Barbara Genier, Town Clerk [SEAL] Bond Resolution Resolution No. 2020- BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ISSUANCE OF UP TO $350,000 IN SERIAL BONDS OF THE TOWN TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S CONSOLIDATED SEWER DISTRICT At a workshop meeting of the Town Board of the Town of Irondequoit, Monroe County, New York, held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 27th day of October, 2020 at 5:30 P.M. local time, there were PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ______________________________________ offered the following resolution and moved its adoption: WHEREAS, the Town Board of the Town of Irondequoit, Monroe County, New York (the “Issuer” or the “Town”) is considering undertaking certain improvements to the Town of Irondequoit Consolidated Sewer District (the “District”) consisting of the upgrade and replacement of the Fox Hall Pump Station (collectively, the “Project”); and WHEREAS, by resolution adopted October 27, 2020, immediately prior to the adoption of this resolution (i) the Town Board determined that the Project constitutes a “Type II” action under the New York State Environmental Quality Review Act and the regulations promulgated thereunder (6 NYCRR Part 617.5(c)(1)) (collectively, “SEQRA”) and therefore no further action need be taken by the Town Board under SEQRA as a pre-condition to the adoption of this resolution, and (ii) in accordance with Section 202-b of the Town Law of the State of New York, the Town Board determined it to be in the public interest to undertake the Project at an estimated maximum cost of $350,000; and WHEREAS, the Town Board now wishes to appropriate funds for the Project and to authorize the issuance of the Town’s serial bonds or bond anticipation notes to finance said appropriation. NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK HEREBY RESOLVES (by the affirmative vote of not less than two-thirds of all the members of such body), AS FOLLOWS: 2 Bond Resolution SECTION 1. The Town is hereby authorized to undertake the Project as hereinabove described and issue up to $350,000 principal amount of serial bonds (including, without limitation, statutory installment bonds), or bond anticipation notes in anticipation of such bonds pursuant to the provisions of the Local Finance Law of the State of New York, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the “Law”) to finance the estimated cost of the Project. SECTION 2. It is hereby determined that the maximum estimated cost of the aforementioned specific object or purpose is $350,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of the $350,000 in serial bonds of the Town authorized to be issued pursuant to Section 1 of this resolution, or bond anticipation notes issued in anticipation thereof, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. SECTION 3. It is hereby determined that the period of probable usefulness for the aforementioned specific object or purpose is thirty (30) years, pursuant to subdivision 4. of paragraph a. of Section 11.00 of the Law. SECTION 4. The final maturity of the bonds herein authorized to be issued pursuant to Section 1 of this resolution shall be in excess of five (5) years measured from the date of issuance of the first serial bond or bond anticipation note issued. 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 Law, for the capital purposes described in this resolution. The Town shall reimburse such expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this resolution. This resolution shall constitute a declaration of “official intent” to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and bond anticipation notes authorized herein, as required by United States Treasury Regulations Section 1.150-2. SECTION 6. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any bond anticipation notes issued in anticipation of said 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. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal and interest on said serial bonds and bond anticipation notes and provisions shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and bond anticipation notes to mature in such year and (b) the payment of interest to be due and payable in such year. SECTION 7. Subject to the provisions of this resolution and of the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said obligations and of Section 21.00, Section 50.00, Section 54.90, 3 Bond Resolution Sections 56.00 through 60.00 and Sections 62.10 and 63.00 of the Law, the powers and duties of the Town Board relative to authorizing serial bonds and bond anticipation notes and prescribing terms, form and contents as to the sale and issuance of bonds herein authorized, including without limitation the determination of whether to issue bonds having substantially level or declining debt service and all matters relating thereto, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor of the Town, the chief fiscal officer of the Town (the “Supervisor”). Further, in connection with bonds and bond anticipation notes issued under the authority of Section 1 hereof, the power to contract with and issue bonds and bond anticipation notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Law and to approve the terms, form and content of such bonds and bond anticipation notes, consistent with the provisions of the Law, is hereby delegated to the Supervisor. Further, pursuant to subdivision b. of Section 11.00 of the Law, in the event that bonds to be issued for the object or purpose authorized by this resolution are combined for sale, pursuant to subdivision c. of Section 57.00 of the Law, with bonds to be issued for one or more objects or purposes authorized by other resolutions of this Town Board, then the power of the Town Board to determine the “weighted average period of probable usefulness” (within the meaning of subdivision a. of Section 11.00 of the Law) for such combined objects or purposes is hereby delegated t o the Supervisor, as the chief fiscal officer of the Town. SECTION 8. The Supervisor is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond, and, or a bond anticipation note issue in the event of the sale of same to the New York State Environmental Facilities Corporation. SECTION 9. The Supervisor of the Town is hereby further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution and any notes issued in anticipating thereof, if applicable, as “qualified tax- exempt obligations” in accordance with Section 265(b)(3)(B)(i) of the Code. SECTION 10. The Supervisor is further authorized to enter into continuing disclosure undertakings with or for the benefit of the initial purchaser of the bonds or notes in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. SECTION 11. The intent of this resolution is to give the Supervisor sufficient authority to execute those applications, agreements and instruments, or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to further action of this Town Board. 4 Bond Resolution SECTION 12. The validity of the bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of said 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 such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. SECTION 13. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to cause a copy of this resolution, or a summary thereof, to be published in full, together with a notice attached in substantially the form as prescribed in Section 81.00 of the Law, in the official newspaper(s) of the Town for such purpose. This resolution shall take effective immediately. Seconded by Town Board Member ______________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting ___________________ Town Board Member Perticone voting ___________________ Town Board Member Freeman voting ___________________ Town Board Member Romeo voting ___________________ Town Supervisor Seeley voting ___________________ Certification Page STATE OF NEW YORK ) COUNTY OF MONROE ) ss.: I, the undersigned Town Clerk of the Town of Irondequoit, Monroe County, New York (the “Town”), DO HEREBY CERTIFY as follows: 1. I am the duly qualified and acting Town Clerk of the Town and the custodian of the records of the Town, including the minutes of the proceedings of the Town Board, and am duly authorized to execute this certificate. 2. A regular meeting of the Town Board of the Town was held on October 27, 2020, and attached hereto is a true and correct copy of a resolution duly adopted at such meeting and entitled: BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQ UOIT, MONROE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ISSUANCE OF UP TO $350,000 IN SERIAL BONDS OF THE TOWN TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S CONSOLIDATED SEWER DISTRICT 3. That said meeting was duly convened and held and that said resolution was duly adopted in all respects in accordance with the law and regulations of the Town. To the extent required by law or said regulations, due and proper notice of said meeting was given. A legal quorum of members of the Town Board was present throughout said meeting, and a legally sufficient number of members (2/3’s of the Town Board) voted in the proper manner for the adoption of the resolution. All other requirements and proceedings under the law, said regulations, or otherwise, incident to said meeting and the adoption of the resolution, including the publication, if required by law, have been duly fulfilled, carried out and otherwise observed. 4. Public Notice of the time and place of said Meeting was duly posted and duly given to the public and the news media in accordance with the Open Meetings Law, constituting Chapter 511 of the Laws of 1976 of the State of New York, and that all members of said Town Board had due notice of said Meeting and that the Meeting was in all respects duly held and a quorum was present and acted throughout. 5. The seal appearing below constitutes the official seal of the Town and was duly affixed by the undersigned at the time this certificate was signed. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the Town of Irondequoit as of this 27th day of October, 2020. TOWN OF IRONDEQUOIT [SEAL] By: Barbara Genier, Town Clerk Estoppel Notice ESTOPPEL NOTICE The resolution, a summary of which is published herewith, has been adopted on October 27, 2020 by the Town Board of the Town of Irondequoit, Monroe County, New York. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Irondequoit, Monroe County, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. Barbara Genier, Town Clerk Town of Irondequoit SUMMARY OF BOND RESOLUTION Set forth below is a summary of said resolution adopted by the Town Board of the Town of Irondequoit on October 27, 2020. 1. The resolution is entitled “BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ISSUANCE OF UP TO $350,000 IN SERIAL BONDS OF THE TOWN TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S CONSOLIDATED SEWER DISTRICT”. 2. The specific object or purpose for which the bonds are authorized is the financing of certain improvements to the Town of Irondequoit Consolidated Sewer District (the “District”) consisting of the upgrade and replacement of the Fox Hall Pump Station (collectively, the “Project”). 3. The period of probable usefulness is 30 years. 4. The amount of obligations authorized to be issued is $350,000. The resolution summarized herein shall be available for public inspection during normal business hours at the offices of the Town Clerk, Town of Irondequoit, Town Hall, 1280 Titus Avenue, Rochester, New York 14617.