Village of Angola Regular Board Meeting
AGENDA
Village of Angola Regular Board Meeting
Monday, September14, 2015 7:00 P.M
PLEDGE OF ALLEGIANCE:
CALL MEETING TO ORDER:
APPROVAL OF MEETING MINUTES ofAugust 10, 2015
VISITORS:
COMMUNICATIONS:
DEPARTMENT HEADS, COMMITTEE REPORTS:
TRUSTEE HOUSTON-
TRUSTEE KIN –
TRUSTEE WILSON –
TRUSTEE KATRA -
MAYOR FRAWLEY–
ATTORNEY –
POLICE –
GENERAL CREW CHIEF –
FIRE CHIEF –
FIRE COMMISSIONERS –
CODE ENFORCEMENT –
PLANNING –
ZONING –
DISASTER COORDINATOR-
CLERK-TREASURER –
OLD BUSINESS:
- Sale of Water Plant-
- Depot Project- contacted Steel Plant WNY RR society
- USDA- funding for outside retail water district-pending
- Land Banking 28 Mill and 59 N Main-pending
- FEMA– pending State contribution.
- Smart Growth Fund-application submitted-pending
- Solar Energy-records sent into contractor-pending review
NEW BUSINESS:
1. CDBG 2016 Project discussions
RESOLUTIONS BEING OFFERED SEPTEMBER14, 2015
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Offered by Trustee Katra
#1 APPROVE SEQRFOR THE GROVE STREET WATERLINE REPLACEMENT PROJECT
WHEREAS A short form Environmental Assessment form has been presented for the Grove Street Water line Replacement Project and reviewed by the Village Board.
NOW, BE IT RESOLVED
- That the Village Board declares itself Lead Agency as the project is subject to SEQR
- That the project is determined to be an unlisted action
- That the project will not result in significant environmental impacts.
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Offered by Trustee Kin
#2 APPROVE REINSTATEMENT OF MEMBERSHIP TO FIRE COMPANY
RESOLVED the Village of Angola Board of Trustees approves the reinstatement of Norm Tolsma to the Angola Volunteer Fire Company as reviewed and recommended by the executive board of said company on August 14, 2015.
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Offered by TrusteeWilson
#3ADOPT THE ERIE COUNTY, NEW YORK, MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN
WHEREAS, The Village of Angola with the assistance from URS Corporation, has gathered information and prepared the Erie County, New York Multi-Jurisdictional Hazard Mitigation Plan Update (“the Plan”), and
WHEREAS the Plan has been prepared in accordance with the Disaster Mitigation Act of 2000, and
WHEREAS, the Village of Angola is a local unit of Government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan, and
WHEREAS the Village of Angola has reviewed the Plan and affirms that the Plan will be updated no less than every five years;
NOW THEREFORE BE ITRESOLVEDby the Village of Angola Board of Trustees that the Village of Angola adopts the Erie County New York Multi-Jurisdictional Hazard Mitigation Plan Update as this jurisdiction’s Natural Hazard Mitigation Plan, and resolves to execute the actions in the Plan.
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Offered by Trustee Houston
#4APPROVE GRANTMASTERS FOR ANGOLA FIRE DEPARTMENT
RESOLVED that the Village of Angola Board of Trustees hereby approves to contract professional grant writing services from Grantmasters, Inc. in the amount of $2600 for the 2015 Assistance to Fire Fighters Grant program.
FURTHER RESOLVED the Village Board approves the Fire Department Liaison Trustee John Wilson make a determination of the best qualified project for the Department.
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Offered by Trustee Katra
#5 APPROVE ADDITIONAL AWNINGS
WHEREAS, the Village Clerk was directed by the Village Board to obtain quotes from Kohler Awning to add three additional awnings onto the Village Buildings to match the newly installed awning on the front of the Building. One for the DPW Department man door and two for the Fire Department man doors on the parking lot side of the building.
WHEREASthe Clerk received a quote from Kohler Awning for a total of $3,324 for the additional three awnings.
BE IT RESOLVED the Village Board hereby approves the quote from Kohler Awning to fabricate and install three wedge style awnings 2 for the Angola Fire Department and 1 for the DPW man door not to exceed $3,324. Cost to be taken from the Rickert Building repairs budget line.
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Offered by Trustee Kin
#6 APPROVE REPLENISH OF WATER PETTY CASH
WHEREAS, the Village of Angola Water Department maintains petty cash for the purpose of making change for water collections, and
WHEREAS, in August 2015, an audit indicated a $47.16 (forty-seven dollar sixteen-cent) error, and
WHEREAS, the Clerk Treasurer and Deputy Clerk have exhausted all reviews of accounts, and
WHEREAS it is apparent that $47.16 was mislaid.
THEREFORE BE IT RESOLVED that the Village of Angola Board of Trustees hereby authorizes the Village Clerk to replenish the water petty cash drawer out of the water budget account #F8340.4
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Offered by Trustee Wilson
#7Approve PUBLIC HEARING NOTICE for the 2016 cdbg funds
RESOLVED that the Village Board does hereby authorize publication of Notice of a Community Development Block Grant Public Hearing to be held at 7:15 PM Monday, October 19, 2015 at the Angola Village Hall, 41 Commercial Street, Angola, New York 14006 regarding the prospective projects for use of Community Development Block Grant Funds in the Village of Angola, and further authorize the Mayor to sign/execute the 2016 CDBG application/agreement.
Notice of Public Hearing
Notice to the Citizens of the
Village of Angola
A Public Hearing will be held on Monday, October 19, 2015 at 7:15 PM in the Village Hall, 41 Commercial Street regarding the use of theFederal Community Development Block Grant funds in the Village of Angola.
The Village of Angola is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended.
The purpose of the Hearing is to provide an opportunity for citizens to express community development and housing needs and to discuss possible projects, which would benefit low and moderate-income persons in the Village of Angola.
Citizens are urged to attend this meeting to make known their views and/or written proposals on the Village of Angola’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program.
The Hearing will also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair assessable. Those needing special arrangements should call (716) 549-1126 by October 15, 2015.
By Order of the Village Board
Linda Giancarlo
Village Clerk-Treasurer
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Offered by Trustee Houston
#8Approve BID for GROVE STREET WATERLINE REPLACEMENT
WHEREAS, the Village of Angola has been awarded 2015 CDBG funds in the amount of $100,000 for the Village of Angola Grove Street Waterline Replacement project, and
WHEREAS, the Village of Angola Clerk sent out a request for proposals for said project and has received two (2) bids which were received, opened and recorded on September 10, 2015.
FURTHER RESOLVED that the Village of Angola Board of Trustees hereby awards the lowest bid in the amount of $265,145.50 (two hundred sixty five thousand one hundred forty five dollars and fifty cents) fromDJM Contracting, Inc. 1128 Jamison Road Elma NY 14059
BE IT RESOLVED, the Village Board of the Village of Angola hereby authorizes the Mayor to sign and execute contract with DJM Contracting, Inc. for the Grove Street Waterline Replacement project.
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Offered by Trustee Katra
#9 APPROVE 5-year $195,000 BOND FOR GROVE STREET WATERLINE PROJECT
BOND RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF ANGOLA, ERIE COUNTY, NEW YORK (THE “VILLAGE”), AUTHORIZING THE VILLAGE TO CONSTRUCT THE GROVE STREET WATERLINE REPLACEMENT FROM PROSPECT TO WEST OF WASHINGTON; ESTIMATING THE TOTAL COST THEREOF TO BE $295,000; APPROPRIATING SAID AMOUNT THEREFOR; AUTHORIZING THE ISSUANCE OF UP TO $195,000 IN SERIAL BONDS OF THE VILLAGE TO FINANCE A PORTION OF SAID APPROPRIATION AND AUTHORIZING THE EXPENDITURE OF $100,000 EXPECTED TO BE RECEIVED FROM A FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE BALANCE OF SAID APPROPRIATION
WHEREAS, the Board of Trustees (the “Board) of the Village of Angola (the “Village”) is considering the authorization of construction for the Grove Street Waterline Replacement from Prospect to west of Washington at an estimated maximum cost of $295,000 (the “Project”); and
WHEREAS, the Board, as lead agency, has given due consideration to the impact that the Project may have on the environment and the Village 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”), constituting Article 8 of the Environmental Conservation Law and the applicable documentation thereof has been filed in the office of the Village Clerk as a pre-condition to the adoption of this resolution; and
WHEREAS, the Board now wishes to appropriate funds for the Project and to authorize the issuance of the Village’s serial bonds and bond anticipation notes to be issued to finance said appropriation.
NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE VILLAGE OF ANGOLA, ERIE COUNTY, NEW YORK HEREBY RESOLVES (by the affirmative vote of not less than two-thirds of all the members of such body), AS FOLLOWS:
SECTION 1.The Village is hereby authorized to undertake the construction of the Grove Street Waterline Replacement from Prospect to west of Washington, including installation of approximately 1,900 linear feet of 8-inch diameter polyvinyl chloride pipe, gate valves, ductile iron fittings, hydrants, copper service replacements, interconnections, abandonments, appurtenances, and related work, at a total estimated maximum cost of $295,000 (the “Project”), and is hereby authorized to issue up to $195,000 principal amount of serial bonds (including, without limitation, statutory installment bonds) pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the “Law”) to finance a portion of 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 $295,000, said amount is hereby appropriated therefor, and the plan for the financing thereof shall consist of (i) the issuance of up to $195,000 in serial bonds of the Village authorized to be issued pursuant to this resolution, or bond anticipation notes issued in anticipation of such serial bonds, to finance said appropriation, and (ii) the levy and collection of taxes on all the taxable real property in the Village to pay the principal of said bonds and the interest thereon as the same shall become due and payable, and (iii) application of $100,000 expected to be received from federal Community Development Block Grant funds to be expended towards the cost thereof or redemption of the bonds or notes issued therefor or to be budgeted as an offset to the taxes for the payment of principal and interest on said bonds or notes.
SECTION 3. It is hereby determined that the period of probable usefulness for the aforementioned specific object or purpose is forty (40) years, pursuant to subdivision 1 of paragraph a. of Section 11.00 of the Law.
SECTION 4. The final maturity of the bonds herein authorized to be issued shall not be in excess of five (5) years measured from the date of issuance of the first serial bond or bond anticipation note issued pursuant to Section 1 of this resolution.
SECTION 5. 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 Law, for the capital purposes described in this resolution. The Village shall reimburse such expenditures with the proceeds of the bonds or bond anticipation notes authorized by this resolution. This resolution shall constitute a declaration of “official intent” to reimburse the expenditures authorized herein 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 Village, payable as to both principal and interest by a general tax upon all the real property within the Village subject to applicable statutory limits, if any. The faith and credit of the Village 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 Village 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 serial bonds and bond anticipation notes or the renewals of said obligations and of Sections 21.00, 50.00, 54.90, 56.00 through 60.00, 62.10 and 63.00 of the Law, the powers and duties of the Village 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 related 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 Village Treasurer, as the chief fiscal officer of the Village (the “Village Treasurer”). Further, pursuant to paragraph b. of Section 11.00 of the Law, in the event that bonds to be issued for any of the objects or purposes authorized by this resolution are combined for sale, pursuant to paragraph c. of Section 57.00 of the Law, with bonds to be issued for any of the other objects or purposes authorized by this resolution and/or with bonds to be issued for one or more objects or purposes authorized by other resolutions of the Board, then the power of the Board to determine the “weighted average period of probable usefulness” (within the meaning of paragraph a. of Section 11.00 of the Law) for such combined objects or purposes is hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village.
SECTION 8. The Village Treasurer 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 anticipation thereof, if applicable, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.
SECTION 9. The Village Treasurer is further authorized to enter into a continuing disclosure undertaking with or for the benefit of the initial purchasers 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 10. The intent of this resolution is to give the Village Treasurer 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 the Board.
SECTION 11. 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 Village 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 12. As soon as reasonably possible after the date that this resolution takes effect, the Village Clerk is hereby authorized and directed to cause a copy of this resolution, or a summary thereof, to be published in full in the official newspaper of the Village for such purposes, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Law.
The Village Clerk polled the Board of Trustees as follows:
AYENAY
ESTOPPEL NOTICE
The resolution, a summary of which is published herewith, has been adopted on September 14, 2015 by the Board of Trustees of the Village of Angola, Erie 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 Village of Angola 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.
Linda D. Giancarlo, Village Clerk
Village of Angola
SUMMARY OF BOND RESOLUTION
Set forth below is a summary of said resolution adopted by the Board of Trustees of the Village of Angola on September 14, 2015.
1.The resolution is entitled “BOND RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF ANGOLA, ERIE COUNTY, NEW YORK (THE “VILLAGE”), AUTHORIZING THE VILLAGE TO CONSTRUCT THE GROVE STREET WATERLINE REPLACEMENT FROM PROSPECT TO WEST OF WASHINGTON; ESTIMATING THE TOTAL COST THEREOF TO BE $295,000; APPROPRIATING SAID AMOUNT THEREFOR; AUTHORIZING THE ISSUANCE OF UP TO $195,000 IN SERIAL BONDS OF THE VILLAGE TO FINANCE A PORTION OF SAID APPROPRIATION AND AUTHORIZING THE EXPENDITURE OF $100,000 EXPECTED TO BE RECEIVED FROM A FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE BALANCE OF SAID APPROPRIATION”.
2.Amount of Debt Obligations Authorized: up to $195,000.
3.Specific Object or Purpose: Construction of the Grove Street Waterline Replacement from Prospect to west of Washington, including installation of approximately 1,900 linear feet of 8-inch diameter polyvinyl chloride pipe, gate valves, ductile iron fittings, hydrants, copper service replacements, interconnections, abandonments, appurtenances, and related work.