WORKSHOP MEETING OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF WAVERLY HELD AT 6:15 P.M.
ON TUESDAY, MAY 26, 2015 IN THE
TRUSTEES’ ROOM IN THE VILLAGE HALL
Mayor Leary called the meeting to order at 6:30 p.m. and led in the Pledge of Allegiance.
Roll Call: Present were Trustees Sinsabaugh, Aronstam, Hughes, Steck, Brewster, Trustee Ayres, and Mayor Leary
Also present Clerk Treasurer Wood, Attorney Keene, Ron Cole of WATS/WAVR, and Amanda Renko of the Morning Times
Finance Committee: Trustee Brewster presented bills for in the amount of General Fund $42,281.90; and Cemetery Fund $7,456.46; for a total of $49,738.36 and moved to approve payment of the abstracts. Trustee Sinsabaugh seconded the motion, which carried unanimously.
367-369 Broad Street Fire Update: Attorney Keene recommended the Board hold their decision until the end of their regular meeting, as Mr. Fakir may show up.
Solar Works Presentation: Mayor Leary reminded everyone that the Solar Works Presentation will be held here on June 2nd at 7:00 p.m.
Property Tax Payment Sites: Mayor Leary reminded everyone that they can pay the Village Property Taxes at either Chemung Canal Bank or the Village Hall.
Auction Results: The clerk stated the 2011 Ford Crown Vic auctioned for $3,650.
2015 Sidewalk Replacement Program Application: Trustee Ayres moved to discuss application in executive session as a contractual matter. Trustee Brewster seconded the motion, which carried unanimously.
Pedestrian Yield Signs: Trustee Ayres submitted a recommendation from Chief Gelatt regarding pedestrian yield signs, crosswalk striping, and crosswalk pylons. We would need to purchase two yield signs and 2 pylons. Trustee Steck raised concerns with the crosswalk across Broad Street at Pine Street. Mayor Leary asked for cost proposals for any work needed, signs, and pylons for the next meeting.
Summer Art Camp: Attorney Keene stated she reviewed legal opinions and fair and adequate consideration is necessary in renting space. Discussion followed regarding what is fair and adequate consideration. Trustee Aronstam moved to charge $100 per week in rent for the summer art camp to use space in the Village Hall for their program. Trustee Ayres seconded the motion, which carried unanimously.
439 Fulton Street/NPL Building: The clerk submitted invoices for the demolition of 439 Fulton Street, to be drawn on the General Fund. They are as follows:
Trustee Aronstam moved to approve payment to Gorick Construction in the amount of $422,626. Deputy Mayor Ayers seconded the motion, which carried unanimously.
Trustee Aronstam moved to approve payment to O’Rourck, Inc. in the amount of $14,710. Trustee Brewster seconded the motion, which carried unanimously.
Trustee Aronstam moved to approve payment to Hunt Engineers in the amount of $1607.75. Trustee Steck seconded the motion, which carried unanimously.
Trustee Aronstam moved to approve payment to Village of Waverly, Board of Water Commissioners in the amount of $780. Trustee Steck seconded the motion, which carried unanimously.
Stump Removal on Broad Street: Mayor Leary submitted a quote from Mattison’s Bucket Service to remove stumps on Broad Street at a cost of $575. Trustee Aronstam moved to approve the removal of stumps by Mattison’s Bucket Service as presented. Trustee Steck seconded the
motion, which carried unanimously.
Horseshoe Pit Update: Trustee Brewster stated there were no updates to report.
2014-2015 General Budget Transfers: Trustee Ayres moved to approve the following budget transfers as presented. Trustee Brewster seconded the motion, which carried unanimously.
Line Item / Description / Transfer In: / Transfer Out:A 1110-0145 / court-sick / 582
A 1110-0148 / court-holiday / 53
A 1110-0149 / court-vacation / 98
A 1110.0401 / court-supplies / -1,300
A 1110-0405 / court-telephone / 1,300
Line Item / Description / Transfer In: / Transfer Out:
A 1325-0100 / treasurer-full time / 688
A 1325-0145 / treasurer-sick / 567
A 1355-0400 / assessment-expense / 1,000
A 1410-0100 / clerk-full time / -3,800
A 1410-0142 / clerk-part time / -9,542
A 1410-0145 / clerk-sick / 1,640
A 1410-0148 / clerk-holiday / 130
A 1410-0149 / clerk-vacation / -895
A 1410-0402 / clerk-other expense / 2,000
A 1620-0142 / bldg-part time janitor / -3,000
A 1620-0400 / bldg-contractual expense / 4,000
A 1620-0402 / bldg-electric / 5,000
A 1620-0405 / bldg-telephone / 200
A 1650-0400 / computer exp / 10,000
A 1650-0401 / computer exp police / 1,000
A 1910-0400 / unallocated insurance / -7,900
A 1930-0400 / judgement & claims / -2,000
A 1989-0400 / misc-other GGS / -25,000
A 1990-0400 / contingent account / -43,679
A 3120-0142 / police-part time / 2,500
A 3120-0145 / police-sick / 17,438
A 3120-0146 / police-overtime / 21,000
A 3120-0149 / police-vacation / -4,000
A 3120-0200 / police-equipment / 11,000
A 3120-0401 / police-supplies / 2,500
A 3120-0402 / police-uniforms / 2,000
A 3120-0404 / police-car repairs / 5,000
A 3120-0405 / police-telephone / 6,000
A 3120-0408 / police-training / 200
A 3620-0142 / code-part time / 1
A 5110-0100 / street-full time / -20,134
A 5110-0145 / street-sick / 2,737
A 5110-0148 / street-holiday / 200
A 5110-0149 / street-vacation / 582
A 5110-0200 / street-equipment / -5,500
A 5110-0403 / street-equip repair / 25,000
A 5110-0407 / street-shop/traffic lights / 10,000
A 5110-0408 / street-paint / 1,500
A 5110-0411 / street-street signs / 500
A 5112-0200 / permanent improve / 2,957
A 5182-0400 / street lighting / 5,000
A 7110-0142 / parks-part time / 683
A 7110-0145 / parks-sick / 144
A 7110-0149 / parks-vacation / 143
A 7110-0201 / parks-equipment / 4,549
A 7110-0401 / parks-materials/supplies / 7,500
A 7110-0402 / parks-electric / 2,600
A 7110-0407 / parks-gazebo / -2,500
A 7110-0408 / parks-trash / 250
A 7310-0145 / rec-sick / 164
A 7310-0148 / rec-holiday / 2
A 7310-0200 / rec-equipment / 1,200
A 7550-0400 / celebrations / 1,500
A 9010-0800 / employee retirement / -22,000
A 9015-0800 / police retirement / 14,594
A 9040-0800 / workmans comp ins / 5,203
A 9060-0800 / Health insurance / -8000
A 9901-0903 / trans to cemetery fund / -23,655
TOTAL / 182,905 / -182,905
2014-2015 General Budget Amendments: Trustee Brewster moved to approve the following budget transfers as presented. Trustee Aronstam seconded the motion, which carried unanimously.
Revenues/Grants / Expense Offset by Special Revenues/GrantsA 510 Estimated Revenues / debit / A 960 Estimated Appropriations / credit
A 3501 / CHIPS / 33,586 / A 5112-0200 / permanent improve / 33,586
A 3089 / DCJS / 7,019 / A 1110.0401 / court-supplies / 2,700
A 3120-0146 / police-overtime / 4,319
TOTAL / 40,605 / TOTAL / 40,605
2014-2015 Cemetery Budget Transfers: Trustee Aronstam moved to approve the following budget transfers as presented. Trustee Brewster seconded the motion, which carried unanimously.
Line Item / Description / Transfer In / Transfer OutC 8810-0100 / full time / -1,424.00
C 8810-0142 / part time / -6,000.00
C 8810-0145 / sick / 516.00
C 8810-0146 / overtime / 8.00
C 8810-0149 / vacation / -500.00
C 8810-0200 / equipment / -2,000.00
C 8810-0400 / contractual exp / 3,000.00
C 8810-0402 / contractual mowing / 6,400.00
TOTAL / 9,924.00 / -9,924.00
Parks Summer Help Request: The clerk stated Recreation Director Havens is requesting that Kevin Gorman be hired as summer help in the parks for three weeks. Collin Traub will be available to begin on June 29th. Trustee Brewster moved to approve Kevin Gorman be hired for the period of May 27th until June 28th at a rate of $8.75 per hour, as requested. Trustee Aronstam seconded the motion, which carried unanimously.
Tax Freeze/Government Efficiency Plan: Mayor Leary asked Trustee Ayres, Trustee Brewster, and Clerk Treasurer Wood to meet regarding the Government Efficiency Plan, which is due on June 1st.
Mayor/Board Comments: Mayor Leary thanked Mark Pipher and Jaynes Flower Shop for their donation of hanging baskets at the Mini Park.
Administrative Hearing – Village vs. Fakir: Trustee Ayres moved to find the property located at 369 Broad Street to be unsafe, unsanitary, and dangerous to the general welfare of the residents of the Village of Waverly as defined by Village of Waverly Code. Trustee Brewster seconded the motion, which led to a roll call vote:
Ayes – 7 (Sinsabaugh, Aronstam, Hughes, Brewster, Ayres, Steck, Leary)
Nays – 0
The motion carried.
Trustee Brewster moved to authorize the Attorney Keene to send notice to Frank Fakir to allow him 30 days to remedy the unsafe property, as outlined in Village of Waverly Unsafe Building Code.
Ayes – 7 (Sinsabaugh, Aronstam, Hughes, Brewster, Ayres, Steck, Leary)
Nays – 0
The motion carried.
Mayor Leary thanked Code Officer Chisari and the media for their time and attention to this.
Executive Session: Trustee Hughes moved to enter executive session at 7:35 p.m. to discuss a contractual issue. Trustee Aronstam seconded the motion, which carried unanimously.
Trustee Hughes moved to enter regular session at 7:50 p.m. Trustee Brewster seconded the motion, which carried unanimously.
Adjournment: Trustee Brewster moved to adjourn at 7:51 p.m. Trustee Sinsabaugh seconded the motion, which carried unanimously.
Respectfully submitted,
______
Michele Wood, Clerk Treasurer
REGULAR MEETING OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF WAVERLY HELD AT 6:30 P.M.
ON TUESDAY, JUNE 9, 2015 IN THE
TRUSTEES’ ROOM IN THE VILLAGE HALL
Mayor Leary called the meeting to order at 6:30 p.m. and led in the Pledge of Allegiance.
Roll Call: Present were Trustees: Hughes, Sinsabaugh, Aronstam, Steck, Trustee Ayres, and Mayor Leary
Also present Clerk Treasurer Wood, Attorney Keene, Senior Sewer Commissioner Dr. Ronald Kahn, and Dave Ohman and Mike Primmer of Delaware Engineers
Press included Ron Cole of WATS/WAVR, and Matt Hicks of the Morning Times
Sewer Presentation: Mayor Leary gave a brief summary of the sewer plant upgrade project. He stated the plant needs to have a major upgrade due to its age and new requirements. He introduced Dave Ohman and Mike Primmer of Delaware Engineers.
Dave Ohman gave synopsis of the need to replace the belt press as the unit is wearing out and very costly to keep running. He stated this Dewatering Project will be enveloped in the larger project at a later time. He stated the Board of Sewer Commissioners voted on a screw press option for dewatering. Senior Sewer Commissioner Kahn stated this dewatering project is financially beneficial to proceed ahead of the plant upgrade. Dave Ohman submitted information regarding the dewatering project. He estimated the cost to be approximately $1.3 million.
Sewer Dewatering Project - Bond Resolution: Trustee Ayres offered the following resolution, and moved its adoption:
A BOND RESOLUTION, DATED JUNE 9, 2015, OF THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF WAVERLY, TIOGA COUNTY, NEW YORK (THE “VILLAGE”), AUTHORIZING A SEWER SYSTEM CAPITAL IMPROVEMENTS PROJECT (PRIMARILY AT THE WASTEWATER TREATMENT PLANT), AT AN ESTIMATED MAXIMUM COST OF $1,400,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,400,000, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE VILLAGE TREASURER.
WHEREAS, the Village Board of Trustees of the Village of Waverly, in the County of Tioga, New York (the “Village”) desires to undertake a capital improvements project for the reconstruction of and construction of improvements to the Village Sewer System primarily at the wastewater treatment plant.
NOW THEREFORE, BE IT RESOLVED, by the Board (by the favorable vote of not less than two-thirds of all the members of the Board of Trustees) as follows:
SECTION 1. The class of objects or purposes to be financed pursuant to this resolution is a sewer system capital improvements project primarily at the wastewater treatment plant, such work to generally consist of various upgrades to the biosolids dewatering equipment including, but not limited to, the removal and disposal of the existing 1-meter belt filter press, polymer feed system and existing waste sludge pumps, the installation of a new screw press, positive displacement pumps, polymer feed system and biosolids flow measuring equipment and appurtenances, modification or replacement of appurtenant piping, valves and supports, various building modifications to support the installation of new equipment such as HVAC and electrical improvements, as well as other improvements more fully identified in a report prepared with the assistance of Delaware Engineering, D.P.C., and including all preliminary work and necessary equipment, materials, and site work and all preliminary costs and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”). The estimated maximum cost of the Purpose is $1,400,000.
SECTION 2.The Village Board of Trustees plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds of the Village in an aggregate amount not to exceed $1,400,000, hereby authorized to be issued therefor pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds received. Unless paid from other sources or charges, the cost of such improvements is to be paid by the levy and collection of taxes on all real property in the Village 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 such Purpose is an object or purpose described in subdivision 4 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such Purpose is 40 years.
SECTION 4.Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of such bonds.
SECTION 5.It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.
SECTION 6.The faith and credit of the Village are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable. An annual appropriation will be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year. Unless paid from other sources or charges, there will annually be levied on all the taxable real property of the Village a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
SECTION 7.Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of such notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Village Board of Trustees pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of the sale of such bonds, and the renewals of such notes, are hereby delegated to the Village Treasurer, the chief fiscal officer of the Village. Without in any way limiting the scope of the foregoing delegation of powers, the Village Treasurer, to the extent permitted by Section 58.00(f) of the Local Finance Law, is specifically authorized to accept bids submitted in electronic format for any bonds or notes of the Village.
SECTION 8.The temporary use of available funds of the Village, 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 purpose or purposes described in Section 1 of this resolution. The Village then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds). This resolution shall constitute the declaration of the Village’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.
SECTION 9.The Village Treasurer is 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 may designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3) of the Code.
SECTION 10.The Village Treasurer is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser 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 Village has complied with applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under the State Environmental Quality Review Act is necessary.
SECTION 12.The Village Treasurer is hereby authorized to execute and deliver in the name and on behalf of the Village a project financing agreement prepared by the New York State Environmental Facilities Corporation (“EFC”) (the “SRF Project Financing Agreement”). The Village Treasurer and the Village Clerk and all other officers, employees and agents of the Village are hereby authorized and directed for and on behalf of the Village to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby, including, but not limited to, the SRF Project Financing Agreement.
SECTION 13.In the absence or unavailability of the Village Treasurer, the Deputy Treasurer is hereby specifically authorized to exercise the powers delegated to the Village Treasurer in this resolution.
SECTION 14.The validity of such serial bonds or of any bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if:
1.(a)such obligations were authorized for an object or purpose for which the Village is not authorized to expend money, or
(b)the provisions of the law which should be 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 20 days after the date of such publication of this notice, or
2.such obligations were authorized in violation of the provisions of the Constitution of New York.
SECTION 15.This Resolution is subject to permissive referendum pursuant to Section 36.00 of the Local Finance Law. The Village Clerk is hereby authorized and directed to publish (one time) and post (in at least six conspicuous public places within the Village and at each polling place), this resolution, or a summary thereof, together with a notice of adoption of this resolution subject to permissive referendum, within ten days after the date of adoption of this resolution.