Tuesday, September 15, 2020

Wells seeks funds to compensate for Halloween storm

 Wells TB August 10 2020



Wells seeks funds to compensate for Halloween storm

By PETE KLEIN

WELLS—When the Wells Town Board met on August 10, Ryan Frykholm, Municipal Disaster Consultants, updated the board on the FEMA process, saying it continues to go well and most projects, except for those needing engineering assistance, are entered into the system.

FEMA is doing virtual site inspections in other Towns where they have accepted ours with the status of the various damage inventory sites within the Town.

No response to the RFP log removal project. We will re advertise immediately. Also, Ryan will rewrite the RFP for the engineering project and advertise once completed. He then explained that FEMA Public Assistance is a reimbursement process, therefore the Town needs to pay for damages first then request reimbursement. This will entail the need to borrow money as discussed last month. Further information regarding a Revenue Anticipation Note was discussed later in this meeting.

Councilperson Hunt asked if we are 100% guaranteed that FEMA will reimburse us? No guarantee can be made, it is a Federal program and there are no guarantees. Having said that, the projects that the Town is claiming are straight forward and are not anticipated to have issues. The permits and technical details are not complex. There are no indications that the funds related to the Halloween Disaster are at risk of being rescinded by FEMA. He does not see how New York State will have the funds available for their 25% reimbursement due to COVID.

Councilperson Lauria asked how it works to pay for damages first from this year’s budget. Supervisor Mauro has been working on this for the past two weeks preparing to explain the process to the Board at this meeting and turned it over to Councilperson Crewell who also has been working with him.

Councilperson Crewell explained that obviously the Disaster was not planned for in this year’s budget and has researched and consulted with the Town Attorney regarding a Revenue Anticipation Note (RAN). Councilperson Crewell spoke with a few banks including NBT where rates fluctuate between .09% and 1.50%. $705,000 is the amount we feel sufficient to cover the damages before FEMA reimburses the Town. Tonight, we can pass a resolution to enter a RAN. Separate bank accounts have been opened, where the funds from FEMA reimbursement will be deposited, and checks written to keep the monies clean and separate from our regular operating accounts.

Councilperson Lauria shared concerns that new bank accounts were opened without prior approval from the Board. Councilperson Crewell added, there are no funds in the account and further explained that the Finance Committee acted as a committee responsible for what needed to be done on these big milestones.

Supervisor Mauro said, point well taken. Councilperson Crewell also said this has been a grueling process, taking several hours away from her primary job and it was never the committee’s intention to keep the Board members out of the loop.

Councilperson Lauria is not implying that anyone is keeping information from the Board but would appreciate such information be shared prior to the meeting. Supervisor Mauro explained this only came together in the last 48 hours. Councilperson Saltis thought it is a good idea that we are keeping finances separate for reporting purposes. Town Attorney Joseph Walsh was available via conference call to confirm the Revenue Anticipation Note process.

Councilperson Crewell asked if there were any questions for Mr. Walsh. There were none.

A RESOLUTION AUTHORIZING THE ISSUANCE OF REVENUE ANTICIPATION NOTES OF THE TOWN OF WELLS, HAMILTON COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $705,000 PURSUANT TO THE LOCAL FINANCE LAW.

BE IT RESOLVED, by the Town Board of the Town of Wells, Hamilton County, New York (the “Town”) as follows:

SECTION 1. The revenue anticipation notes of the Town in an aggregate principal amount not to exceed $705,000 are hereby authorized to be issued in anticipation of the collection by the Town of moneys from the Federal Emergency Management Agency (“FEMA”) to finance expenses incurred as a result of the Halloween flood of 2019.  Such moneys are due and payable in fiscal year 2020 and are revenues other than real estate taxes or assessments.

SECTION 2. The amount of moneys to be collected from FEMA against which said revenue anticipation notes are authorized to be issued is $705,000.

SECTION 3. Said revenue anticipation notes shall mature within one (1) year from the date of their issuance.

SECTION 4. The proceeds of the notes authorized by this resolution may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the specific purpose set forth herein.  This resolution shall constitute a statement of official intent for purposes of Treasury Regulation Section 1.150-2 of the United States Treasury Department.

SECTION 5. Each of the notes authorized by this resolution shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law.  The faith and credit of the Town are hereby irrevocably pledged for the punctual payment of the principal of and interest on said revenue anticipation notes as the same respectively become due and payable.

SECTION 6. Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 63.00, inclusive, of said Law, the power to authorize the issuance of the revenue anticipation notes authorized by this resolution and the renewals of said notes (including, without limitation, dates, denominations, maturities, interest payment dates, consolidation with other issues, manner of execution and redemption rights), and the power to sell and deliver said revenue anticipation notes, is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town.  The Town Supervisor is hereby authorized to sign the revenue anticipation notes issued pursuant to this resolution, and the Town Clerk is hereby authorized to affix the corporate seal of the Town to said revenue anticipation notes and to attest such seal.

SECTION 7. 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 revenue anticipation notes authorized by this resolution 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 revenue anticipation notes authorized by this resolution as “qualified tax-exempt obligations” in accordance with Section 265(b)(3) of the Code.

SECTION 8. The validity of said revenue anticipation notes may be contested only if:

(a) Such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

(b) The provisions of law which should be complied with at the date of the publication of this resolution, or a summary thereof, 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 9 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 the Local Finance Law, in The Leader-Herald, a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town for such publication.

SECTION 10. This resolution shall take effect immediately upon its adoption.

The foregoing resolution was declared duly adopted.

AUTHORIZING THE TOWN SUPERVISOR AND THE TOWN BOARD TO PUBLISH A REQUEST FOR PROPOSALS (RFP REQUEST) FOR REMOVAL OF 2019 FLOOD GENERATED VEGETATIVE DEBRIS FROM WITHIN LAKE ALGONQUIN

On a motion of Councilperson Hunt, seconded by Councilperson Saltis, the following was APPROVED

WHEREAS, the Town of Wells has recently been suffered the effects of a severe storm, and 

WHEREAS the Town anticipates undertaking a significant vegetative debris removal work project that will require the use of heavy equipment that is not currently owned by the Town, and

WHEREAS the project will be managed and directed by the Town of Wells Supervisor and undertaken by a contracted provider of heavy equipment, with an operator, selected through this Request for Bid process, 

NOW, THEREFORE, BE IT

RESOLVED, that the Town Supervisor and the Town Board are authorized to publish a Request for Proposals (RFP Request) to obtain bids from qualified contractors to provide heavy equipment with operators and a general laborer to the Town of Wells on an as-needed basis for a period of six months or other such agreed upon term as stated in a contract executed by the selected bidder and the Town of Wells.

The Board agreed to expand the circulation of this second RFP to include a legal ad in the Leader Herald and Times Union in hopes of receiving a minimum of 2 bids.

AUTHORIZING THE TOWN SUPERVISOR AND THE TOWN BOARD TO MODIFY THE CONTRACT WITH MUNICIPAL DISASTER CONSLUTANTS

On a motion of Councilperson Hunt, seconded by Councilperson Saltis, the following was APPROVED.

WHEREAS, THE Town of Wells hired Municipal Disaster Consultants, Inc. (MDC) to represent the Town it its dealing with NYS and FEMA as it recovers from the damages caused by the Halloween Flood event of 2019.  Damages exceed two million dollars ($2,000,000), AND

WHEREAS The Town and MDC entered a contract with a not-to-exceed amount of Twenty-Five Thousand Dollars ($25,000) based upon a limited identification of the damages to MDC.  After undertaking an extensive inventory of damages with the assistance of the Town of Wells Highway Department, the initial ten (10) sites identified to MDC has now grown to over sixty (60) sites.  To accommodate the additional workload represented by these additional damage sites, MDC has requested a contract modification.  This contract modification will increase the not-to-exceed amount to sixty-thousand dollars ($60,000), THEREFORE, BE IT NOW

RESOLVED, that the existing contract with Municipal Disaster Consultants (“MDC”), dated April 6, 2020 is hereby amended by increasing the remuneration to be paid as a result of the additional and expanded scope of the FEMA reimbursable projects to $45,260, covering services rendered through August 7, 2020, and that said contract, as amended is completed and terminated with MDC’s consent, subject to payment of the remaining amount due to MDC by the Town.

AUTHORIZING THE BOARD TO ENTER INTO A NEW AGREEMENT FOR SERVICES WITH MUNICIPAL DISASTER CONSULTANTS TO ASSIST AND ADVISE WITH FINANCIAL RECOVERY TO BE RECEIVED FROM FEMA AND NEW YORK STATE AS A RESULT OF THE STORM ON OCTOBER 31, 2019

On a motion of Councilperson Lauria, seconded by Councilperson Crewell, the following was APPROVED

WHEREAS the Town of Wells suffered devastating damage because of the storm and flooding that occurred on October 31, 2019 and thereafter (FEMA-DR-4472-NY), and

WHEREAS the Town Board is currently planning and executing a massive recovery program to repair such damage caused by this storm and to mitigate future damage in the event of similar storms in the future, and

WHEREAS the Town Supervisor and Town Board entered a contract with Municipal Disaster Consultants (MDC) on April 6, 2020 for assistance and advice regarding financial recovery and dealing with FEMA and New York State because of the storm on October 31, 2019, and

WHEREAS, the Town Supervisor and Town Board have determined that it is in the best interest of all parties to terminate said contract with MDC and enter a new contract with MDC, NOW THEREFORE BE IT

RESOLVED, that the Town Board desires to enter into a new agreement for the services of Municipal Disaster Consultants (“MDC”) to continue to assist the Town in preparing FEMA Reimbursement funding applications for numerous repair and reconstruction projects necessitated by the flooding caused by the October 2019 storm events, such services to begin on August 11, 2020, such new contract to contain essentially the same terms and conditions as the prior contract, and to provide remuneration to MDC in a sum not to exceed $15,000 for such services, and it is also resolved that the Town Supervisor is authorized to execute and deliver such contract on behalf of the Town once the contract is approved as to form and content by the Attorneys for the Town, Walsh & Walsh, LLP.

MONTHLY HYDROELECTRIC REPORT

Supervisor Nick Mauro reported on the Lake Algonquin Hydroelectric Plant for July 2020. Revenues totaled $562.03; expenditures totaled $391.58. Year to date, revenues $85,244.66, expenditures $72,436.22.

DISCUSSION ITEMS

TOWN PICNIC

Supervisor Mauro announced unfortunately that we will not have a Town Picnic this year as it usually draws over 100 residents.

BUILDING INSPECTOR VACANCY

Position was advertised in the Hamilton County Express for two consecutive weeks and received interest from 2 applicants. Councilperson Lauria recalled holding interviews in the past with a Special Meeting, then going into Executive Session. This will take place on Wednesday, August 19, 2020 at 6pm. Required Open Meeting Law will be followed with placement of a legal ad, posted on the Town Website and the Clerk’s bulletin board.

LETTERS TO THE SUPERVISOR

Supervisor Mauro read four letters of thanks. Resident, Dee Parker; Wells Garden Club for Town donation; Wells Historical Society for Town donation and resident Neil Higgins. Another letter received from Pricilla McBride regarding Verizon’s interest in modifying its tower on Ranger Road and AT&T’s interest to construct a tower on the same lot. AT&T is currently doing survey work and in discussion with the APA. She wanted to make sure Supervisor Mauro was aware of this and will forward via email any updates.  

WVAC REPORT

The Board reviewed the WVAC report for July 2020.

BUILDING INSPECTOR REPORT

The Board reviewed the Building Code Enforcement Officer’s report for July 2020.  

WATER DEPARTMENT REPORT

The Board reviewed the Water Department Report for July 2020.

George Paige reported work is complete at the Garth Weiss residence. Also, cleaning being done at the Hydro Plant. 

HIGHWAY SUPERINTENDENT’S REPORT

The Board reviewed the Highway Superintendent’s Report for July 2020.

COMMITTEES ROUND TABLE

Councilperson Saltis thanked the Virginia Hosley Library for their donation to the Summer Rec program. Also asked if the Town was still on water restrictions, yes. 

Councilperson Lauria, Buildings and Grounds Committee reported he has researched what grants there may be regarding ways to reduce electric costs. It appears all related grants are dried up, He asked Supervisor Mauro if he knew on a County level if any Town’s or the County are using solar panels. On behalf of Friends of Lake Algonquin, he asked the status of the 16 ft. dock at the boat launch. Supervisor Mauro explained that the contractor interested in removing the flood generated debris from the lake had access to a dock we might be interested in. He did not submit a bid when the first RFP was advertised. Therefore, status is unclear at this point.

Councilperson Crewell has been working with Jen Woodward, Bookkeeper and has a new appreciation of what her job entails.

Supervisor Mauro appreciated Highway Superintendent Earley and his crew for spreading new chips at the playground. Three loads were spread at $130 per load and it has really cleaned up the playground area.

PUBLIC ACCESS

John Higgins brought to the Boards attention confusion regarding the street signs on the Park Rd horseshoe and asked that they be changed clearly marking Park Rd. East and Park Rd. West where they intersect Algonquin Dr. And suggested that the street sign for Montaigne Dr. be removed as there is no such road.

John Margies commented that there was supposed to be a road called Montaigne Rd. at one time. He also asked if there was a timetable for repairs on Griffin Rd. Not currently and the Counties responsibility. 

Supervisor Mauro added, Gilmantown Rd. probably will be completed sometime this fall.

Councilperson Crewell asked about our stance on watering vegetable gardens due to the restrictions. Supervisor Mauro asked everyone to be frugal and water in the evening. 

This article is based upon minutes provided by Maryellen Stofelano, Town Clerk.


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