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Town Board Meeting minute 5-24-21

TOWN BOARD Meeting Notes

Marion Municipal Building

Monday, May 24, 2021

 

A Town Board meeting of the Town of Marion, Wayne County, NY was held on

Monday, May 24, 2021 at the Marion Municipal Room and via Zoom on-line conference.

 

Supervisor Bender called the meeting to order at 6:30pm with a roll call done by the Clerk of the Board.

PRESENT:         Joan Fisher, Councilwoman

LaVerne Bliek, Councilman

Ronald Lonneville, Councilman – Via Zoom

Deborah Smith, Councilwoman

Jolene Bender, Supervisor

ABSENT:

IN PERSON ATTENDANCE: Chris Kalinski, Wayne County Human Resource Director; Angela Patterson, Planning & Zoning Board Clerk; Jeff Cragg, Wastewater Chief Operator; Duane Smeatin, Code Enforcement Officer; Kathy Cauwels, Principal Account Clerk; Caryn Devlin, Marion Historian; John Lonneville; Jennifer Williams.

OTHERS IN ATTENDANCE (via Zoom): Summer O’Brien; Krista Nolan; Theresa Keyser; Lonnie Levan; Mike Cramer; Dawn VanPatten.

Supervisor Bender asked everyone to stand and give the Pledge of Allegiance.

Town Business Discussion:

Supervisor Bender next introduced Mrs. Chris Kalinski to the meeting.  Mrs. Kalinski is the Director of Human Resources for Wayne County, NY.  Supervisor Bender read the Town of Marion Time Clock policy.  The following policy was put into place in 2016.

TOWN OF MARION

TIME CLOCK POLICY

 The objective of this policy is to ensure an accurate record of staff attendance and time worked for proper compensation.  All non-exempt staff must clock in and out.  It is the staff member’s responsibility to clock in and out and to report any problems to their department heads.

 

  1. Employees are required to punch in prior to their assigned start time, and must punch out when they go off duty.

 

  1. Employees are required to clock out any time they leave the work site for any reason other than assigned work duties.

 

  1. Unless permission to do otherwise is authorized in writing by the employee’s department head, no employee may clock in more than 5 minutes prior to, or 5 minutes after, the start of their workday. Employees may not clock out more than 5 minutes prior to or 5 minutes following the end of their work time.

 

  1. Clocking in within the time-frame specified in item three, will be calculated as an on-time report for work.

 

  1. Depending on the department procedures, time recorded will be the worktime paid or employees will be paid from time sheets verified by actual punched times. Cover sheets will be prepared by respective department heads.  Any adjustments to the recorded time must be approved and initialed by the employee’s department head.

 

  1. Employees should not clock out for designated break times unless the employee is leaving the building for purposes other than work related.

 

  1. Employees should clock out for their designated lunch breaks, with the exception of the Town of Marion Highway and Sewer Departments.

 

  1. Under no circumstances may one employee punch a timecard for another employee.

 

*This policy is subject to change as per the Town Board

Mrs. Kalinski attended the meeting to answer any questions the Marion Town Board have regarding personnel issues, such as the time clock policy.  Mrs. Kalinski stated that she could give her advice however, it is up to the Marion Town Board to make decisions.  Mrs. Kalinski asked the question, if the Town Board has a Time Clock Policy, why are there any questions and why isn’t it being followed?  Wayne County’s Time Clock policy states that all non elected officials must keep track of their time which in many cases includes punching a time clock.  Mrs. Kalinski next spoke to Code Enforcement Officer, Duane Smeatin regarding his civil service position.  It has been brought to the attention of Mrs. Kalinski that Mr. Smeatin has been working out of class, meaning his Civil Service title does not include any maintenance or construction work.  Mrs. Kalinski feels this is a conflict of interest.  Mr. Smeatin is doing construction work that the Code Enforcement Officer would inspect to make sure it was done correctly, however by performing work, it then becomes a conflict of interest. In order to correct this problem, the Town of Marion could create a new job title and description, or another option is during 2022 budget discussion, the Code Enforcement Officer position can be dropped to a part-time position and then have a part-time construction/maintenance person.  This is a Town Board decision.

The next item to discuss with Mrs. Kalinski was in regard to staff working from home.  Mrs. Kalinski stated that all Wayne County employees are back to work full time within their positions.  No one is currently working from home at this time.  Angela Patterson, Planning & Zoning Board clerk stated that she works from home and wanted to know why she would be required to punch a timeclock.

The next item to discuss was the Town of Marion time off slips.  Supervisor Bender asked Mrs. Kalinski if she felt they were necessary.  The answer from Mrs. Kalinski was yes.  It is a record of someone requesting time off.  This documentation can be kept in the employees file, so a permanent record is available if need be.  The Town Board asked for a resolution to be written regarding using time off slips for the June 14, 2021 meeting.

Jeff Cragg & Duane Smeatin both spoke next regarding “call outs”.  They asked the question, if they are “called out” to an emergency after regular work hours, what do they get paid.  Mrs. Kalinski stated, she would recommend the Town Board to look into the Fair Labor Law and having something in writing for the next town board meeting.

Mrs. Kalinski also stated in small towns, it’s common for employees to do more work than they were originally hired for.  Employees help were needed, an example was given regarding who shovels the sidewalks in the winter, not just highway staff.

The Town Board next discussed a white board that was installed outside of Duane’s office. Councilman Lonneville would like all employees to write on the whiteboard when they will not be in the office and where they will be going.  Duane Smeatin has been using this system for a few weeks, Kathy Cauwels stated she would also use the board.

The next discussion was in regard to which employee should or should not be required to use the Time Clock.  Councilman Lonneville would like a resolution created and added to the June 14th, 2021 Town Board meeting agenda.

Supervisor Bender asked Town of Marion Assessor, Dawn VanPatten to speak next regarding the Town of Marion Equalization Rates.  The Town of Marion is currently at 84% which is down from 90%.  Mrs. VanPatten will be conducting a re-evaluation of assessments in 2023 for the entire Town of Marion.  The last re-evaluation was done in 2017.

Supervisor Bender spoke next regarding a complaint she had received.  The complaint was for a hole in the sidewalk near the post office. The sidewalk in question belongs to owner of the Marion post office building.  Marion Highway Department staff did put gravel in the hole until a repair can be made.

Councilman Bliek spoke next regarding a drainage issue on North Main Street.

Town Clerk, Heidi Levan spoke next regarding insurance for different events being held in Marion.  April Brooks came into the Town Clerk’s office.  Ms. Brooks organizes and runs the Marion Farmer’s Market that is located on Friday afternoons in the municipal parking lot next to the elementary school during the summer months.  In 2020, the Town of Marion allowed Ms. Brooks to host the farmer’s market stating that each vendor must hold liability insurance with the Town of Marion as an additional insured listed.  Ms. Brooks asked if this was necessary as it had come to her attention that other events were not requiring insurance.  Supervisor Bender instructed Ms. Levan to contact the Town of Marion insurance agency to determine the correct answer.  Ms. Levan stated that she spoke to Cleary Insurance and a copy of the emails were in each board members packet.  The answer is –  all vendors must hold liability insurance for $1,000,000.00 and list Town of Marion as an additional insured.  A large discussion took place.  Councilman Lonneville stated that the Marion Events Organization had their own insurance, so vendor insurance was not necessary.  Ms. Levan will clarify what is needed with Cleary insurance and report back at the June 14, 2021 meeting.

Town Clerk, Heidi Levan spoke next regarding the Marion Events Organization email address.  Marion Events Organization coordinator, Judy Casler contacted Ms. Levan to discuss how more people could access the email that is currently using the Town of Marion domain name.  Ms. Levan gave those instructions.  Ms. Levan stated that the use of the Town of Marion domain name for the email has been previously discussed and the Marion Events Organization would need to get their own email addresses.  The current email used is:  events@townofmarionny.com.  Ms. Levan stated that in January of 2022, a new email address would be needed.  All mail that comes into the current email address will be forwarded to a new email.  No emails will be lost in the transition.

Supervisor Bender next spoke regarding the wearing of masks in the Town Hall.  The Town Board discussed this and decided not to require staff to wear masks if they are fully vaccinated.  They will also not require anyone entering the building to wear a mask.  This change is due to a recommendation made by the Center for Disease Control (CDC) and NYS Governor Cuomo.

Councilwoman Fisher spoke next regarding the Events Organization using the Town Park for Music in the Park during the month of July.  Councilwoman Fisher stated that the Town Park will be used for soccer during the month of July.  Councilwoman Fisher would like to work with the Events Organization to determine the best place to hold the music within the park.  No decision was made however a suggestion was made to move the music to the back of the park.

Supervisor Bender stated that she and Councilwoman Fisher were at the Marion Town Park on Saturday, May 22, 2021 to assist with supervising a group of individuals who are providing community service through the Wayne County Probation program.  The group stained the benches that are placed in front of the Town Hall along with other benches and picnic tables.  Supervisor Bender will coordinate with Wayne County Probation for more Town Park improvements.

Resolutions

  1. Amend resolution #5122021 Authorize Wayne County Water and Sewer Authority to Adjust Water and Sewer Bill 3843 & 3847 N Main Street
  2. Authorize Execution of Letter for Municipal Advisor Services
  3. Authorization to Adopt Refunding Bond Resolution
  4. Award of Contract to Install Door at Library
  5. Payment of Claims

Resolution #5172021 Amend resolution #5122021 Authorize Wayne County Water and Sewer Authority to Adjust Water and Sewer Bill 3843 & 3847 N Main Street

 On a motion by Councilwoman Smith and seconded by Councilwoman Fisher

ADOPTED:  Ayes:  5 Smith, Lonneville, Bender, Fisher, Bliek

Nays:  0

The following resolution was adopted

WHEREAS, it has been brought to the attention of the Marion Town Board that 3843 & 3847 North Main Street has had the water turned off; and

BE IT RESOLVED, that the Marion Town Board authorizes WCWSA to reduce the water and sewer bill to a minimum charge of $17 for water and $42 for sewer; and

 Amend to the following:

 BE IT RESOLVED, that the Marion Town Board authorizes WCWSA to reduce the sewer bill to a unit charge of $42 per unit; and

BE IT RESOLVED, that the once the water is turned back on, the charges will go back to normal; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Heidi Levan and the Principal Account Clerk.

Resolution #5182021 Authorize Execution of Letter for Municipal Advisor Services

On a motion by Councilman Bliek and seconded by Councilman Lonneville

ADOPTED:       Ayes:  5

Long Roll:

Councilwoman Fisher – Aye

Councilman Bliek –  Aye

Councilman Lonneville  – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

Nays: 0

The following resolution was adopted

At a meeting of the Town Board of the Town of Marion, Wayne County, New York, held on Monday May 24, 2021; and

BE IT RESOLVED,

  1. The firm of Bernard P. Donegan, Inc., is hereby designated Municipal Advisor to the Town of Marion
  2. Said firm shall be compensated for its services to be rendered in accordance with its letter of services dated May 24, 2021
  3. The Supervisor is hereby authorized to execute and deliver said letter of services
  4. This resolution shall take effect immediately

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Bernard Donegan Inc. and the Principal Account Clerk.

Resolution #5192021 Authorization to Adopt Refunding Bond Resolution

On a motion by Councilman Bliek and seconded by Councilwoman Smith

ADOPTED:       Ayes:  5

Long Roll:

Councilwoman Fisher – Aye

Councilman Bliek –  Aye

Councilman Lonneville  – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

Nays: 0

The following resolution was adopted

A REFUNDING BOND RESOLUTION DATED MAY 24, 2021 AUTHORIZING THE ISSUANCE OF REFUNDING BONDS OF THE TOWN OF MARION, NEW YORK, TO BE DESIGNATED SUBSTANTIALLY AS “REFUNDING (SERIAL) or (TERM) BONDS” AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY.

WHEREAS, the Town of Marion, New York (the “Town”) has heretofore duly issued $235,300 initial aggregate principal amount of General Obligation (Serial) Bonds, 2003, such bonds being dated and issued on April 29, 2003, and maturing in annual installments in each of the years 2003 to 2040, both inclusive (the “2003A Refunded Bonds”), and $812,900 initial aggregate principal amount of General Obligation (Serial) Bonds, 2003, such bonds being dated and issued on September 30, 2003, and maturing in annual installments in each of the years 2003 to 2040, both inclusive (the “2003B Refunded Bonds”), and $1,167,000 initial aggregate principal amount of General Obligation (Serial) Bonds, 2007, such bonds being dated and issued on December 20, 2007, and maturing in annual installments in each of the years 2008 to 2043, both inclusive (the “2007 Refunded Bonds”), and $775,000 initial aggregate principal amount of General Obligation (Serial) Bonds, 2008, such bonds being dated and issued on September 19, 2008, and maturing in annual installments in each of the years 2008 to 2045, both inclusive (the “2008 Refunded Bonds”) (collectively, the “Refunded Bonds”), as more fully described therein; and

WHEREAS, the 2003A Refunded Bonds were authorized pursuant to a bond resolution dated October 22, 2001, to pay costs of capital improvements consisting of water system capital improvements; the 2003B Refunded Bonds were authorized pursuant to a bond resolution dated January 8, 2001, to pay costs of capital improvements consisting of water system capital improvements; the 2007 Refunded Bonds were authorized pursuant to a bond resolution dated October 7, 2004, to pay costs of capital improvements consisting of water system capital improvements; and the 2008 Refunded Bonds were authorized pursuant to a bond resolution dated June 12, 2006, to pay costs of capital improvements consisting of water system capital improvements; and

WHEREAS, it would be in the public interest to refund all, or one or more, or a portion of one or more, of the $171,000 outstanding principal balance of the 2003A Refunded Bonds, the $566,000 outstanding principal balance of the 2003B Refunded Bonds, the $935,000 outstanding principal balance of the 2007 Refunded Bonds, and the $617,000 outstanding principal balance of the 2008 Refunded Bonds (all such outstanding principal balances being stated as of the date hereof), each by the issuance of refunding bonds pursuant to Section 90.00 or 90.10 of the Local Finance Law.

WHEREAS, each such refunding will result in present value savings in debt service as required by Section 90.00 or 90.10 of the Local Finance Law; NOW, THEREFORE, BE IT

RESOLVED BY THE TOWN BOARD OF THE TOWN OF MARION, NEW YORK (by the favorable vote of at least two-thirds of all the members of said Town Board), AS FOLLOWS:

Section 1.      For the object or purpose of refunding all or a portion of the $2,289,000 outstanding aggregate principal amount of the Refunded Bonds, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized shall be sufficient to pay; (i) the principal amount of the Refunded Bonds; (ii) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the maturity dates thereof or the date on which the Refunded Bonds which are callable are to be redeemed prior to their respective maturities in accordance with the Refunding Financial Plan, as hereinafter defined; (iii) the costs and expenses incidental to the issuance of refunding bonds herein authorized, if any that are not to be paid from current funds available therefor, including, without limitation, the development of the Refunding Financial Plan, compensation to the Underwriter, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the Escrow Contract, as hereinafter defined, and fees and charges of the Escrow Holder, as hereinafter mentioned; (iv) the redemption premium, if any, to be paid on the Refunded Bonds which are to be called prior to their respective maturities, if any; and (v) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $2,450,000 par amount of refunding serial or term bonds of the Town pursuant to the provisions of Section 90.00 and Section 90.10 of the Local Finance Law (the “Refunding Bonds”), plus an amount of original issue premium sufficient to effectuate the refunding financial plan, it being anticipated that the par amount of Refunding Bonds actually to be issued will be approximately $2,350,000, with a net premium amount of $67,163.75, as provided in Section 4 hereof.  The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding bond issues.  The Refunding Bonds shall each be each designated substantially “GENERAL OBLIGATION REFUNDING (SERIAL) or (TERM) BOND” together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be dated on such dates, and shall mature annually on such dates in such years, bearing interest semi-annually on such dates, as the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the Town Supervisor, or by the Deputy Supervisor in the event of the absence or unavailability of the Supervisor, pursuant to Section 4 hereof.  It is hereby further determined that (a) such Refunding Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the manner authorized by paragraph a of Section 57.00 of the Local Finance Law pursuant to subdivision 2 of paragraph (f) of Section 90.10 of the Local Finance Law, and (c) such Refunding Bonds may be issued as a single consolidated issue.  It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds, subject to the limitation hereinafter described in Section 10 hereof relating to approval by the State Comptroller.

Section 2.      The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the Town Supervisor, or the Deputy Supervisor in the event of the absence or unavailability of the Supervisor, shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law.  If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the Town by lot in any customary manner of selection as determined by the Town Supervisor, or as required by DTC’s (hereinafter defined) Operational Arrangements, as they may be amended from time to time.  Notice of such call for redemption shall be given by mailing such notice to the registered owners not less than thirty (30) days prior to such date and as otherwise provided in Securities and Exchange Commission Release No. 34-23856, as the same may be amended from time to time.  Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date.

The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form.  In the event said Refunding Bonds are issued in non-certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”), which will act as securities depository for the bonds in accordance with the book-entry-only system of DTC.  In the event that either DTC shall discontinue the book-entry-only system, or the Town shall terminate its participation in such book-entry-only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity.  In the case of non-certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such book-entry-only system.  Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the office of the Town Clerk as Fiscal Agent as hereinafter provided).

In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the Town maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or last business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the Town Supervisor providing for the details of the Refunding Bonds.  Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the Town Supervisor, as fiscal agent of the Town for the Refunding Bonds (collectively, the “Fiscal Agent”).  Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount.  Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America.

The Town Supervisor, as chief fiscal officer of the Town, or the Deputy Supervisor in the event of the absence or unavailability of the Supervisor, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act in connection with the Refunding Bonds as the Fiscal Agent for said Town, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the Town, regardless of whether the Refunding Bonds are initially issued in certificated or non-certificated form; provided, however, that the Supervisor or Deputy Supervisor is also hereby authorized to name the Town Clerk as the Fiscal Agent in connection with the Refunding Bonds if said Refunding Bonds are issued in non-certificated form.

The Town Supervisor is hereby further delegated all powers of this Town Board with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto.

The Refunding Bonds shall be executed in the name of the Town by the manual or facsimile signature of the Town Supervisor, or the Deputy Supervisor in the event of the absence or unavailability of the Supervisor, and a facsimile of its corporate seal shall be imprinted thereon.  In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent.  The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph (j) of Section 90.10 of the Local Finance Law and the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Town Supervisor shall determine.  It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph e of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent.

Section 3.      It is hereby determined that: (a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law; (b) the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for the object or purpose for which the Refunded Bonds were issued is forty (40) years, pursuant to subdivision 1 of paragraph a. of Section 11.00 of the Local Finance Law, with respect to each underlying series or purpose, computed from the date of the first obligations issued therefor; and (c) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, with regard to each of the Refunded Bonds subject to such requirements, if any, is as shown in the Refunding Financial Plan described in Section 4 hereof.

Section 4.      The proposed financial plan for the refunding authorized by this resolution obtained for the Town by its Municipal Advisor, Bernard P. Donegan, Inc., and hereby accepted and approved (the “Refunding Financial Plan”), showing the sources and amounts of all moneys required to accomplish such refunding, and, to the extent required by the Local Finance Law, the estimated present value of the total debt service savings, and the basis for the computation of the aforesaid estimated present value of total debt service savings, are referenced in the Exhibit attached hereto and made a part of this resolution. The Town Supervisor, or the Deputy Supervisor in the event of the absence or unavailability of the Supervisor, is hereby authorized to approve all details of the Refunding Financial Plan not contained herein.  The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in a single series to refund all of the Refunded Bonds and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in said Refunding Financial Plan. This Town Board recognizes that the Refunding Bonds may be issued in series, and for only one or more of the Refunded Bonds, or portions thereof, that the amount of the Refunding Bonds, maturities, terms, interest rate or rates borne by the Refunding Bonds and provisions for redemption thereof prior to maturity, if applicable, will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto. The Town Supervisor, or the Deputy Supervisor in the event of the absence or unavailability of the Supervisor, is hereby authorized and directed to determine which of the Refunded Bonds will be refunded and at what time, the amount of the Refunding Bonds to be issued, the maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, if any, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph c of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan and, in accordance herewith, all powers in connection therewith are hereby delegated to the Town Supervisor, or to the Deputy Supervisor in the event of the absence or unavailability of the Supervisor, provided that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law. The Supervisor or Deputy Supervisor shall file a copy of his or her certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Town Clerk within ten (10) days after the delivery of the Refunding Bonds, as herein provided.

Section 5.      The Town Supervisor, or the Deputy Supervisor in the event of the absence or unavailability of the Supervisor, is hereby authorized and directed to enter into an escrow contract or contracts (collectively, the “Escrow Contract”) with a bank or trust company or banks or trust companies located and authorized to do business in this State as he or she shall designate (collectively, the “Escrow Holder”) for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in section 90.10 of the Local Finance Law.

Section 6.      The faith and credit of said Town of Marion, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding 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 obligations becoming due and payable in such year. There shall be annually levied on all the taxable real property within said Town a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable.

Section 7.      All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder.  Accrued interest on the Bonds, if any, shall be paid to the Town to be expended to pay interest on the Refunding Bonds.  Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders from time to time of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Town irrespective of whether such parties have notice thereof.

Section 8.      Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the Town shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an “arbitrage bond” as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated by the United States Treasury Department thereunder, as then in effect.

Section 9.      Subject only to the issuance of the Refunding Bonds as herein authorized, the Town hereby elects to redeem all of the Refunded Bonds to be refunded maturing on and after the date of issuance of the Refunding Bonds that are callable at a present value savings, if any, as determined in the Refunding Financial Plan. Upon the issuance of the Refunding Bonds, the election to redeem such callable Refunded Bonds shall become irrevocable.  The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the Town in the manner and within the time provided in the respective Refunded Bonds.  Such notice of redemption shall be in substantially the form attached to the Escrow Contract.  Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto.

Section 10.    The Refunding Bonds shall be sold at private sale to the underwriter or underwriters duly determined by the Town Supervisor, or the Deputy Supervisor in the event of the absence or unavailability of the Supervisor (collectively, the “Underwriter”) for purchase prices to be determined by the Supervisor or Deputy Supervisor, plus accrued interest from the date or dates of the Refunding Bonds to the date or dates of delivery of a payment for the Refunding Bonds.  Subject to the approval of the terms and conditions of such private sale by the State Comptroller as required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, if applicable, the Town Supervisor, or the Deputy Supervisor in the event of the absence or unavailability of the Supervisor, is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the Town providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter.  After the Refunding Bonds have been duly executed, they shall be delivered by the Town Supervisor, or the Deputy Supervisor in the event of the absence or unavailability of the Supervisor, to the Underwriter in accordance with said purchase contract upon the receipt by the Town of said purchase price, including accrued interest.  The Town Supervisor is additionally authorized (but not required) to execute and deliver a financing agreement with the Dormitory Authority of the State of New York and any other agreements and documents necessary to accomplish a refinancing, all as may be determined in the discretion of the Town Supervisor.

Section 11.    The Town Supervisor and all other officers, employees and agents of the Town are hereby authorized and directed for and on behalf of the Town 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.

Section 12.    All other matters pertaining to the terms, issuance and sale of the Refunding Bonds, consistent with the provisions of Section 90.10 of the Local Finance Law, including without limitation, the determination to issue Refunding Bonds with substantially level or declining annual debt service, and Sections 50.00, 56.00 to 60.00, 90.00, 90.10 and 168.00 of the Local Finance Law, shall be determined by the Town Supervisor, or the Deputy Supervisor in the event of the absence or unavailability of the Supervisor, and all powers in connection therewith not otherwise heretofore delegated thereto are hereby delegated to the Town Supervisor or Deputy Supervisor.

Section 13.    The validity of the Refunding Bonds may be contested only if:

  1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

 

  1. The provisions of law which should be complied with at the date of publication of this resolution (or a summary hereof) are not substantially complied with,

 

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

 

  1. Such obligations are authorized in violation of the provisions of the Constitution.

Section 14.    This resolution, which takes effect immediately, or a summary hereof, shall be published in full in each official newspaper of said Town, together with a notice in substantially the form provided in Section 81.00 of the Local Finance Law.

REFUNDING FINANCIAL PLAN

EXHIBIT

to

Town of Marion

Refunding Bond Resolution

Dated May 24, 2021

Sources and Uses of Funds:

Sources of Funds:

Par Amount of Refunding Bonds……………………………………………. $  2,350,000.00
Net Premium………………………………………………………………………….. $        67,163.75
TOTAL Sources of Funds………………………………………………………. $  2,417,163.75

 

Uses of Funds:

Deposit to escrow for Outstanding Bonds……………………………… $  2,293,464.40
Costs of Issuance (including underwriter’s discount

and insurance premium, if any,

and other expenses)…………………………………………………..

123,699.35
TOTAL Uses of Funds…………………………………………………………… $  2,417,163.75

 

Estimate of the present value of the total debt service savings anticipated, computed with a discount factor and effective interest cost of the refunding bonds of 1.9779120%, in accordance with Local Finance Law §90.10b.2.(a)………………………….
………………………………………………… $    496,284.44

 

NOTICE PURSUANT TO LOCAL FINANCE LAW SECTION 81.00

The refunding bond resolution, a summary of which is published herewith, was adopted on May 24, 2021 and the validity of the obligations authorized by such refunding bond resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Marion 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.

                                                           

Town Clerk

Town of Marion,

New York

 

 

 

STATE OF NEW YORK     }

}           ss:

COUNTY OF WAYNE        }

 

I, the undersigned clerk of the Town of Marion, DO HEREBY CERTIFY as follows:

 

  1. A regular meeting of the Town Board of the Town of Marion, State of New York, was held on May 24, 2021, and Minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of meetings of said Board.

 

  1. I have compared the attached Extract with said Minutes so recorded and said Extract is a true copy of said Minutes and of the whole thereof insofar as said Minutes relate to matters referred to in said Extract.

 

  1. Said Minutes correctly state the time and place when said Meeting was convened and the place where such meeting was held and the members of said Board who attended said Meeting.

 

  1. Public Notice of the time and place of said Meeting was duly posted and duly given to the public and the news media in accordance with the Open Meetings Law, constituting Chapter 511 of the Laws of 1976 of the State of New York, as modified by the Governor’s COVID-19 Executive Orders, and that all members of said Board had due notice of said Meetings and that the Meeting was in all respects duly held and a quorum was present and acted throughout.

 

  1. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the Town of Marion this ___ day of _____________, 2021.

 

 

____________________________

Town Clerk

 

 

 

To Be Published One Time in Each Official Newspaper After Adoption

 

LEGAL NOTICE PURSUANT TO

LOCAL FINANCE LAW SECTION 81.00

 

The refunding bond resolution, a summary of which is published herewith, was adopted on May 24, 2021, and the validity of the obligations authorized by such refunding bond resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Marion 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.

                              

Town Clerk

Town of Marion,

New York

 

A REFUNDING BOND RESOLUTION DATED MAY 24, 2021 AUTHORIZING THE ISSUANCE OF REFUNDING BONDS OF THE TOWN OF MARION, NEW YORK, TO BE DESIGNATED SUBSTANTIALLY AS “REFUNDING (SERIAL) BONDS” AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY.

Object or Purpose:                          To authorize the refunding of all or a portion of the $2,289,000 presently outstanding aggregate principal amount of General Obligation (Serial) Bonds to accomplish debt service savings.

Par Amount of

Refunding Bonds:                            Presently estimated to be $2,350,000 but not to exceed $2,450,000.

 

Net Premium:                                    Presently estimated to be $67,163.75.

 

Maximum Permissible Term of

Any Borrowing:                                                         Up to 40 years for each underlying series, computed from the date of the first debt obligations issued therefor.

 

Delegation to Town Supervisor:    The Town Supervisor, as chief fiscal officer of the Town, is delegated all powers to accomplish such refunding as provided in the Local Finance Law and the final Refunding Financial Plan shall be filed by the Town Supervisor with the Town Clerk after issuance of the Refunding Bonds.

 

A complete copy of the refunding bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk of the Town of Marion, New York.

 

Dated: May 24, 2021

Marion, New York

 

Resolution #5202021 Award of Contract to Install Door at Library

 

On a motion by Councilwoman Smith and seconded by Councilwoman Fisher

ADOPTED:       Ayes:  5

Long Roll:

Councilwoman Fisher – Aye

Councilman Bliek –  Aye

Councilman Lonneville  – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

Nays: 0

The following resolution was adopted

 

WHEREAS, the Town of Marion received bids to replace the Library door; and

BE IT RESOLVED, that the Marion Town Board awards the contract to Walters Renovations LLC, not to exceed $5,447.20; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Debbie Smith and the Principal Account Clerk.

Resolution #5212021 Payment of Claims

On a motion by Councilwoman Smith and seconded by Councilwoman Fisher

ADOPTED:       Ayes:  5

Long Roll:

Councilwoman Fisher – Aye

Councilman Bliek –  Aye

Councilman Lonneville  – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

Nays: 0

The following resolution was adopted

WHEREAS, the Marion Town Board has received and audited the following claims; now

BE IT RESOLVED, that the Supervisor is hereby authorized to pay said claims upon receipt of the signed abstracts of audited claims from the Town Clerk.

Abstract                     

General                                                     237.65

Sewer                                                          96.75

 

Total                                                       $334.40        

With no further business, on a motion by Councilwoman Smith and seconded by Councilwoman Fisher, Supervisor Bender closed the meeting at 8:40pm.

Next meetings are scheduled for:

Meeting:                             Monday, June 14, 2021 @ 6:30pm

Meeting/Workshop:           Monday, June 28, 2021 @ 6:30pm

_____________________________________________

Heidi M. Levan, Town Clerk/Clerk of the Board