Minutes of the Brant Town Board Meeting Held on March 27, 2011 at 10742 Mile Block Rd.
Present: Supervisor Leonard Pero, Councilman Daniel Kujawinski, Councilman Jeffrey Gier, Councilman Vincent Fullone, Town Clerk Thea Ells
Absent: Councilman Clark Borngraber
The meeting was called to order and reconvened by Supervisor Pero at 5:00 PM with a Pledge to the flag.
Town Clerk verifies that meeting notice was posted and notice was sent to the SUN.
Business
New Town Hall Conversion Project:
Supervisor Pero acknowledged the action taken at the last meeting (Negative Declaration SEQR), and read the following resolution:
Supervisor Pero moved for adoption of the following motion #91, motion seconded by Councilman Gier. Roll Call Vote: Pero- aye, Gier ?aye, Kujawinski- aye, Fullone ?aye.
4 Ayes, 0 Nays, 0 Abstains
#91: A BOND RESOLUTION, DATED MARCH 27, 2011, OF THE TOWN BOARD OF THE TOWN OF BRANT, ERIE COUNTY, NEW YORK (THE ?TOWN?), AUTHORIZING THE RECONSTRUCTION OF AND CONSTRUCTION OF IMPROVEMENTS TO A TOWN BUILDING LOCATED AT 1272 BRANT-NORTH COLLINS ROAD, AT AN ESTIMATED MAXIMUM COST OF $300,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $300,000 OF THE TOWN, 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 TOWN SUPERVISOR.
WHEREAS, the Town previously acquired the building formerly known as the Brant Elementary School building located at 1272 Brant-North Collins Road, Brant, New York for use by the Town and now desires to undertake an improvements project for the reconstruction and construction of improvements to such building.
NOW THEREFORE,
BE IT RESOLVED, by the Town Board of the Town of Brant, in the County of Erie, New York (the ?Town?) (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:
SECTION 1. The Town is hereby authorized to undertake the reconstruction of and construction of improvements to the Town building formerly known as the Brant Elementary School building located at 1272 Brant-North Collins Road, Brant, New York, and other improvements in connection therewith, including all preliminary work and necessary equipment, materials and related site work and any preliminary costs and costs incidental thereto (the ?Purpose?). The estimated maximum cost of the Purpose is $300,000.
SECTION 2. The Town Board plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds in an amount not to exceed $300,000 of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, offset by any federal, state, county and/or local funds received. Unless paid from other sources, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
SECTION 3. It is hereby determined that the Purpose is an object or purpose described in subdivision 12 (a)(1) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is 25 years; however, the bonds issued pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five years from the date of original issuance of such bonds or notes.
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 not be in excess of five years.
SECTION 6. The faith and credit of the Town 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 shall 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, there shall annually be levied on all the taxable real property of the Town 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 Town Board 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 such bonds, and the renewals of such notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.
SECTION 8. 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 purpose or purposes described in Section 1 of this resolution. The Town 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 Town?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 Town Supervisor 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 to 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)(B)(i) of the Code.
SECTION 10. The Town Supervisor 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 Town has complied in every respect with all 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 validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
1. (a) such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or
(b) if the provisions of the law which should be complied with at 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 such publication; or
2. such obligations were authorized in violation of the provisions of the Constitution of New York.
SECTION 13. The Town Clerk is hereby authorized and directed to publish this resolution or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in the Town and designated as the official newspaper of the Town for such publication.
SECTION 14. This Resolution is effective immediately.
Town Clerk will place an Estoppel Notice in the Sun this week, and post at the Town Hall.
Supervisor Pero made motion #92, motion seconded by Councilman Gier. Roll Call Vote: Pero- aye, Gier ?aye, Kujawinski- aye, Fullone ?aye.
4 Ayes, 0 Nays, 0 Abstains
#92 RESOLVED: to pay Kilian Builders HVAC Contract #3 amount ($25,600.00) as soon as Town Clerk receives an application and certificate for payment signed by Engineer John Schenne
Supervisor Pero had a short update with board members on the Town Hall Conversion Project and informed all that there was to be a short gathering with the engineer and CEO Gary Brecker as there were concerns expressed about the bench in the meeting room and some flooring issues. He also updated all on the Senior Fitness Center is almost completer; flooring still needs to be ordered and put in and some painting.
Councilman Gier made motion #93, motion seconded by Councilman Fullone.
4 Ayes, 0 Nays, 0 Abstains
#93 RESOLVED: TO ADJOURN THE March 27, 2011 MEETING OF THE BRANT TOWN BOARD AT 5:37 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
