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PUBLIC HEARING and
VILLAGE BOARD of TRUSTEES
Regular Meeting Minutes
February 11, 2004
PUBLIC HEARING
The Public Hearing was called to Order by Deputy Mayor Wayne Bailey at
6:45 p.m. with the following present:
Trustee Anna Marie Barclay
Trustee Robert Bausch
Trustee Virginia Adams
Also present were DPW Supervisor Marty Krause, Dale Leiter, Mr. &
Mrs. Smith, Joe Chimino, Tom Williamson, and Beth Woodworth.
The legal notice was read aloud and Local Laws 1-5 of 2004 and an Ethics
Resolution were presented for discussion. There being no public comment,
the public hearing was closed at 6:59 p.m. by motion of Trustee Adams.
The motion was seconded by Trustee Anna Marie Barclay and carried by the
affirmative vote of Trustees Bausch, Adams and Barclay.
REGULAR MEETING
The Regular Meeting of the Board of Trustees was called to Order by Deputy
Mayor Wayne Bailey at 7:00 p.m. with the following present:
Trustee Anna Marie Barclay
Trustee Robert Bausch (exited from 7:01-7:06)
Trustee Virginia Adams
Also present were Administrator/Clerk-Treasurer Tracy Jong, DPW Supervisor
Marty Krause, Dale Leiter, Mr. & Mrs. Smith, Joe Chimino, Tom Williamson,
Beth Woodworth and Tally Almquist. Tom Pavone entered at 7:28 p.m.
BUDGET TRANSFERS AND APPROVAL OF BILLS:
A motion to approve the budget transfer and the bills as presented was
made by Trustee Anna Marie Barclay and seconded by Trustee Virginia Adams.
The motion carried by the following vote:
Trustee Robert Bausch-abstain by absence
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Wayne Bailey - aye
Budget Transfer:
~~~ GENERAL FUND ~~~
$2,000.00 from 8120.400A to 8120.100A
APPROVAL OF MINUTES:
A motion to approve the minutes of the Regular Meeting of January 28,
2004 as amended was made by Trustee Anna Marie Barclay and seconded by
Trustee Virginia Adams. The motion carried by the following vote:
Trustee Robert Bausch-abstain by absence
Trustee Anna Marie Barclay - aye
Trustee Virginia Adams - aye
Trustee Wayne Bailey - aye
CEO/ZEO REPORT:
A motion to approve the written and oral report of the CEO/ZEO was made
by Trustee Virginia Adams and seconded by Trustee Anna Marie Barclay.
The motion carried by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Wayne Bailey - aye
HISTORIAN'S REPORT:
A motion to approve the oral report of the Historian was made by Trustee
Virginia Adams and seconded by Trustee Anna Marie Barclay. The motion
carried by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Wayne Bailey - aye
DPW SUPERVISOR'S REPORT:
A motion to approve the written and oral report of the DPW Supervisor
was made by Trustee Virginia Adams and seconded by Trustee Anna Marie
Barclay. The motion carried by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Wayne Bailey - aye
ADMINISTRATOR/CLERK TREASURER'S REPORT:
A motion to approve the written Administrator's report was made by Trustee
Robert Bausch and seconded by Trustee Anna Marie Barclay. The motion carried
by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
OLD BUSINESS:
The following old business was tabled for future consideration by the
Board:
1. Sewer rate review
2. Mayor's Downtown revitalization project
3. Concerts in the Park
4. Mayne development. There has been no filing of a DEIS by the developer.
NEW BUSINESS:
1. The following resolution was offered for adoption by Trustee
Anna Marie Barclay and seconded by Trustee Robert Bausch:
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Resolution
Local Code of Ethics
1. General prohibition.
A municipal officer or employee shall not use his or her official
position or office, or take or fail to take any action, in a manner
which he or she knows or has reason to know may result in a personal
financial benefit for any of the following persons: (a) the municipal
officer or employee; (b) his or her outside employer or business;
(c) a member of his or her household; (d) a customer or client;
(e) a relative; or (f) a person from whom the officer or employee
has received election campaign contributions of more than $1,000
in the aggregate during the past 12 months.
2.
Recusal. A municipal officer or employee shall promptly recuse himself
or herself from acting on a matter before the municipality when
acting on the matter, or failing to act on the matter, may financially
benefit any of the persons listing in subdivision 1 of this section.
3. Gifts.
A municipal officer or employee shall not solicit anything of value
from any person who has received or sought a financial benefit from
the municipality, nor accept anything of value from any person who
the municipal officer or employee knows or has reason to know has
received or sought a financial benefit from the municipality within
the previous 24 months.
4. Representation.
A municipal officer or employee shall not represent any other person
in any matter that person has before the municipality nor represent
any other person in any matter against the interests of the municipality.
5. Appearance.
A municipal officer or employee shall not appear before any agency
of the municipality, except on his or her own behalf or on behalf
of the municipality.
6. Confidential information. Municipal officers
and employees and former municipal officers and employees shall
not disclose any confidential information or use it to further anyone's
personal
interests.
7. Political solicitation. A municipal officer
or employee shall not knowingly request or knowingly authorize anyone
else to request any subordinate of the officer or employee to participate
in an election campaign or contribute to a political committee.
8. Revolving door. A municipal officer or employee
shall not appear or practice before the municipality, except on
his or her own behalf, or receive compensation for working on any
matter before the municipality, for a period of one year after the
termination of his or her municipal service or employment; however,
the bar shall be permanent as to particular matters on which the
municipal officer or employee personally worked while in municipal
service.
9. Avoidance of Conflicts. Municipal officers
and employees shall not knowing acquire, solicity, negotiate for,
or accept any interest, employment, or other thing of value which
would put them in violation of this code of ethics.
10. Inducement of others. A municipal officer
or employee shall not induce or aid another officer or employee
of the municipality to violate any of the provisions of this code
of ethics.
11. Transactional Disclosure. Whenever, a municipal
officer or employee is required to recuse himself or herself under
this code of ethics, he or she; shall promptly inform his or her
superior, if any, shall promptly file with the municipal clerk a
signed statement disclosing the nature and extent of the prohibited
action or, if a member of a board, shall state that information
upon the public record of the board, and shall immediately refrain
from participating further in the matter.
The resolution carried by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
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Local Law Adoption
2. A resolution was offered for adoption by Trustee
Anna Marie Barclay and seconded by Trustee Robert Bausch to adopt:
Local Law #1 of 2004, a local law to grant an exemption of 50% or less
of the assessed valuation of real estate in the Village of Bergen if the
income of the owners does not exceed $16,500 for persons ages 65 or older;
Local Law #2 of 2004, a local law to establish the maximum exemption
for the alternative veteran's exemption from real property taxation pursuant
to Section 457-a of the Real Property Tax Law;
Local Law #3 of 2004, a local law to provide defense and indemnification
of officers and employees of the Village of Bergen;
Local Law #4 of 2004, a local law to provide supplemental defense and
indemnification of officers and employees of the Village of Bergen; and
Local Law #5 of 2004, a local law to provide for the discipline of appointed
public officers.
The resolution carried by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
3. A motion to appoint Daniel Stevens as a member
of the Bergen Fire Department was made by Trustee Virginia Adams and seconded
by Trustee Robert Bausch. The motion carried by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
4. A motion to give the Village Administrator authority
to establish an official banking relationship with JPMorgan Chase Bank
was made by Trustee Robert Bausch and seconded by Trustee Anna Marie Barclay.
The motion carried by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
5. A motion to schedule a public hearing to consider
the application for a CDBG grant was made by Trustee Virginia Adams and
seconded by Trustee Robert Bausch. The motion carried by the following
vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
The Administrator was directed to publish notice of public hearings on
February 25th and March 10th at 6:45 pm.
6. The following resolution was offered by Trustee
Robert Bausch, seconded by Trustee Anna Marie Barclay, to wit;
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BOND RESOLUTION DATED FEBRUARY 11, 2004
A RESOLUTION OF THE VILLAGE OF BERGEN AUTHORIZING VARIOUS IMPROVEMENTS
IN THE VILLAGE INCLUDING RELATED EQUIPMENT AND APPARATUS, IN AN
AGGREGATE MAXIMUM AMOUNT NOT TO EXCEED $750,000, AND AUTHORIZING
THE ISSUANCE OF SERIAL BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED
$750,000, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE
AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION
OF THE SALE OF SUCH BONDS TO THE VILLAGE TREASURER.
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WHEREAS, the Village Board of Trustees of the Village of Bergen,
Genesee County, New York (the "Village"), has determined that
various improvements in the Village including, but not limited to, the
installation and other related work to the Village electric system and
the acquisition of materials and vehicles for use in the Village for said
electric system including related equipment and apparatus is in the public
interest; and
WHEREAS, the Village Board of Trustees desires to undertake the
various improvements in the Village including, but not limited to, the
installation and other related work to the Village electric system and
the acquisition of materials and vehicles for use in the Village for said
electric system including related equipment and apparatus (the "Project"),
including preliminary costs and costs incidental thereto and necessary
warranties; and
WHEREAS, the Village Board of Trustees desires to issue obligations
of the Village to finance the costs of the Project.
BE IT RESOLVED, by the Village Board of Trustees (by the favorable
vote of not less than two-thirds of all the members of the Board) as follows:
SECTION 1. The specific purpose (hereinafter referred to as "Purpose")
to be financed pursuant to this resolution is the various improvements
in the Village including, but not limited to, the installation and other
related work to the Village electric system and the acquisition of materials
and vehicles for use in the Village for said electric system including
related equipment and apparatus, preliminary costs and costs incidental
thereto, and necessary warranties in an aggregate amount not to exceed
$750,000. The maximum cost of said purpose will not exceed $750,000.
SECTION 2. The Village Board of Trustees plans to finance the maximum
estimated cost of said purpose by the issuance of serial bonds in an amount
not to exceed $750,000 of said Village, hereby authorized to be issued
therefore pursuant to the Local Finance Law. The cost of such improvement
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 said purpose is an object
or purpose described in subdivision 5 of paragraph (a) of Section 11.00
of the Local Finance Law, and that the period of probable usefulness of
said purpose is thirty(30) 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 said 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
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 becoming due and payable in such year. There shall 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 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 said 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 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 as to the sale and issuance of the bonds
herein authorized and of any bond anticipation notes issued in anticipation
of said bonds, and the renewals of said notes, are hereby delegated to
the Village Treasurer, the chief fiscal officer of the Village.
SECTION 8. The expected source of funds to be used initially to
pay for up to $750,000 of the expenditures authorized by Section 1 of
this resolution shall be from moneys held in various accounts of the Village.
The Village then reasonably expects to reimburse such expenditure with
the proceeds of the bonds or bond anticipation notes authorized by Section
2 of this resolution. This resolution shall constitute the declaration
of the Village's "official intent" to reimburse the expenditures
authorized by Section 1 hereof with the proceeds of the bonds and notes
authorized herein, as required by United States Treasury Regulation 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 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 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 15c12-12, promulgated by the Securities and Exchange Commission pursuant
to the Securities Exchange Act of 1934.
SECTION 11. The Village has determined that this project will not
have an impact on the environment, 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. Such obligations are authorized for an object or purpose
for which said Village is not authorized to expend money, or
2. The provisions of law which should be complied with at the
date of publication of this 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
3. Said obligations are authorized in violation of the provisions
of the Constitution of New York. |
SECTION 13. This Resolution is subject to permissive referendum
pursuant 36.00a.1 of the Local Finance Law. The Village Clerk is hereby
authorized and directed to publish (one time) and post in at least six
(6) 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.
SECTION 14. If no petitions are filed in the referendum period,
the Village 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 said Village and hereby designated as the official
newspaper of said Village for such publication.
The question of the adoption of the foregoing resolution was duly put
to vote on a roll call, which resulted as follows:
Trustee Anna Marie Barclay - aye
Trustee Robert Bausch-aye
Trustee Virginia Adams - aye
Trustee Wayne Bailey-aye
The foregoing resolution was thereupon declared duly adopted.
EXECUTIVE SESSION
A motion was made by Trustee Wayne Bailey and seconded by Anna Marie Barclay
to enter Executive Session to discuss personnel matters and pending contractual
negotiations/legal matters. Tom Pavone and Marshall Krause were invited
to remain for the executive session. The motion carried by the following
vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye
Executive Session was entered at 7:35 p.m.
A motion was made by Wayne Bailey and seconded by Robert Bausch to exit
Executive Session. The motion carried by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye
No votes were taken in executive session.
ADJOURNMENT
A motion to adjourn the remainder of the meeting until Tuesday, February
17 at 4:30 pm in order to include the mayor on personnel matters was made
by Trustee Wayne Bailey and seconded by Trustee Anna Marie Barclay. The
motion carried by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye
The meeting was adjourned and the Administrator was directed to post
public notice of the adjourned date and time for continuance of the meeting.
Respectfully submitted,
Tracy Jong
Administrator
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A/P
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T&A
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GENERAL
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$ 3,050.11
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GENERAL
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$ 9,329.37
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REFUSE
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$ 747.00
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REFUSE
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$ 0
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ELECTRIC
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$ 6,222.74
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ELECTRIC
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$ 3.981.33
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SEWER
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$ 2,420.60
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SEWER
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$ 3,115.15
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