REGULAR MEETING
APRIL 28, 2014
A regular meeting of the Sherrill City Commission was held at 7:00 p.m. on April 28, 2014. Present were Mayor W. Vineall, Commissioners M. Hennessy, P. Hubbard, J. Merrill, J. Gilbert, City Manager B. Comis and City Clerk M. Holmes. Also present were City of Oneida Common Council members Max Smith, Mayor, Michael Bowe, Jim Chamberlain, Brahim Zogby, Erwin Smith and Susan Pulvereti, City Clerk.
MINUTES
Motion was made by M. Hennessy and seconded by P. Hubbard that the minutes of the previous regular meeting be approved as written.
AYES: Hennessy, Hubbard, Gilbert, Vineall
ABSTAIN: Merrill
BILLS
Motion was made by J. Merrill and seconded by J. Gilbert that the following bills be approved for payment and W. Vineall be authorized to sign the warrant.
Fund
/ Warrant No. / Date / DollarsCity Claims on / 8 / 4/28/14 / $26,465.89
Sewer Claims on / 8 / 4/28/14 / $2,807.38
P&L Claims on / 8 / 4/28/14 / $187,607.37
Trust & Agency Claims on / 8 / 4/28/14 / $1860.00
AYES: Hennessy, Hubbard, Merrill, Gilbert, Vineall
ELECTRIC RATE CASE
The following motion was made by J. Gilbert and seconded by J. Merrill that:
REQUEST FOR RATE STUDY
WHEREAS the City of Sherrill requested a Financial Position Review as the preliminary step on an Electric Rate Study on May 2, 2013and;
WHEREAS the City of Sherrill and the New York Power Authority (NYPA) have been working on compiling data for such study and;
WHEREAS the City of Sherrill is in need of an Electric Rate Review as soon as possible and;
WHEREAS the City of Sherrill has provided the NYPA with a “high level” rate review done internally;
NOW THEREFORE IT BE RESOLVED that the City of Sherrill asks officially that the NYPA perform an Electric Rate Review on the City of Sherrill electric rates for all classes as soon as possible.
AYES: Hennessy, Hubbard, Merrill, Gilbert, Vineall
PUBLIC HEARING – SHERRILL-KENWOOD WATER DISTRICT ISSUANCE OF OBLIGATION FOR CAPITAL PROJECT
M. Holmes reported that the Sherrill-Kenwood Water District (SKWD) is undertaking some capital projects that will need issuance of debt to be able to finance the projects. Per New York State Local Law specifically section 102 and 120 requires the SKWD to get consenting resolutions from the two municipalities that it is located within, the City of Sherrill and the City of Oneida. To pass this resolution both cities need to hold a public hearing. This public hearing can be held jointly and that is what is going to be done at 7:15pm after both cities set the public hearing and gave proper notification after their respective last meeting. Mayor Vineall opened the public hearing at 7:15pm and introduced and welcomed the City of Oneida Common Councilors that were present. There were six members of the public present, none of whom spoke either for or against the proposed project. After a short time Mayor Vineall closed the public hearing.
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SHERRILL CONSENTING TO A FINANCING TO BE UNDERTAKEN BY THE SHERRILL KENWOOD WATER DISTRICT.
The following resolution was offered by J. Gilbert and seconded by J. Merrill that the following:
WHEREAS, the Sherrill Kenwood Water District in the Cities of Sherrill and Oneida, New York (the “Water District”) was established pursuant to Chapter 512 of the Laws of 1920, as amended (the “Act”); and
WHEREAS, the City Commission of the City of Sherrill, Oneida County, New York (the “City”), has been advised that the Sherrill Kenwood Water District, needs to construct of a new pump station at 664 East Hamilton Avenue, in Sherrill, New York, to replace one at said site and to replace water distribution lines at the Kenwood Avenue creek crossings in Oneida, New York and in Sherrill, New York, at a maximum estimated cost of $800,000, and to authorize the issuance of $490,000 bonds of said Water District, together with $310,000 current funds, to pay the cost thereof; and
WHEREAS, said capital improvement, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; and
WHEREAS, the bonds and any bond anticipation notes issued in anticipation thereof by said Water District will constitute debt solely of the Water District; and
WHEREAS, Section 102.00 of the Local Finance Law requires that bonds or notes which are to be issued by a “district corporation” as defined therein, require the consent of the governmental unit or units within the same geographical area of the district corporation, even if said unit(s) will not be issuing such bonds and notes, after a public hearing following reasonable public notice, in order for such bonds or notes to be issued by the district corporation pursuant to the provisions of the Local Finance Law; and
WHEREAS, the Water District is a “district corporation” as defined in Section 102.00 of the Local Finance Law; and
WHEREAS, the City Commission has been presented with a petition by the Water District for consent of the City to the issuance of said debt by the Water District and a Certificate of the City Comptroller, in connection therewith; and
WHEREAS, pursuant to Section 102.00(g) of the Local Finance Law, the issuance of the debt requires approval, following a public hearing, by the elected legislative body of City as the governmental unit also having jurisdiction over the area within which the Water District is situated; and
WHEREAS, the Water District is located, in part, within the geographical jurisdiction of the City; and
WHEREAS, the City Commission is the elected legislative body of the City; and
WHEREAS, a notice of a public hearing with respect to the proposed issuance of the debt was published in the official newspaper of the City, being, a newspaper of general circulation in the City; and
WHEREAS, the City Commission of the City held said public hearing, at which time an opportunity was provided to present arguments both for and against the issuance of the debt by the Water District; and
WHEREAS, the issuance of the debt by the Water District will not constitute a debt obligation of the City; and
WHEREAS, the City Commission now desires to consent to the issuance of said debt in compliance with the provisions of Section 102.00 of the Local Finance Law as aforesaid; NOW THEREFORE,
BE IT RESOLVED by the City Commission of the City of Sherrill as follows:
Section 1. The City Commission hereby consents to the issuance of (a) bonds by the Water District as described above in an amount not to exceed $490,000 and (b) bond anticipation notes in anticipation of the issuance of said bonds. It is the purpose and intent of the City Commission that this resolution constitute consent to the financing and the issuance of the debt for purposes of Section 102.00(g) of the Local Finance Law by the applicable elected representative of the governmental unit having jurisdiction over the area within which the Water District is situated in accordance with said Section 102.00(g) of the Local Finance Law.
Section 2. Noting in this resolution shall be construed to create any obligations of the City with respect to the repayment of the debt of the Water District. The debt of the Water District will be be an obligation of the City.
Section 3. The resolution shall take effect immediately upon its passage.
The question of the adoption of the foregoing resolution was duly put a vote on roll call, which resulted as follows:
Mayor VineallVOTINGAYE
Commissioner GilbertVOTINGAYE
Commissioner HennessyVOTINGAYE
Commissioner HubbardVOTINGAYE
Commissioner MerrillVOTINGAYE
The resolution was thereupon declared duly adopted.
EXECUTIVE SESSION
Motion was made by W. Vineall and seconded by J. Gilbert to go into executive session to discuss some recent police investigations with the Police Chief and to discuss personal matters regarding the search for a potential new City Manager after Comis retires in July.
AYES: Hennessy, Hubbard, Merrill, Gilbert, Vineall
Motion was made W. Vineall and seconded by J. Merrill to reconvene the regular meeting.
AYES: Hubbard, Merrill, Vineall
(Commissioners Gilbert and Hennessy could not stay for the entire executive session).
Motion was made by W. Vineall seconded by J. Merrill to adjourn.
AYES: Hubbard, Merrill, Vineall
Michael Holmes
City Clerk