MEETING OF THE BOARD OF EDUCATION OF THE WEBSTER CENTRAL SCHOOL DISTRICT IN THE COUNTIES OF MONROE AND WAYNE, NEW YORK JUNE 13, 2023 A regular meeting of the Board of Education of the Webster Central School District (the “District”) in the Counties of Monroe and Wayne, New York was held at the Webster Central School District in the 2nd Floor Professional Development Center, 119 South Avenue, Webster, New York, and livestreamed at http://www.websterschools.org/boemeetings on June 13, 2023 at 6:00 o’clock p.m. (Prevailing Time). There were present: Janice Richardson, President Linda Dioguardi, Vice President Mike Alt Carole Barnabas Jennifer Birdsong-Ng Shanna LaDelfa Charlie Roods
There were absent:
Brian Neenan, Superintendent Brian Freeman, Assistant Superintendent for Business Cynthia Cushman, District Clerk
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Upon motion duly made by ____________________ ____________________, the following resolutions were adopted:
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and seconded by
BOND RESOLUTION OF THE WEBSTER CENTRAL SCHOOL DISTRICT ADOPTED JUNE 13, 2023, AUTHORIZING THE ISSUANCE AND SALE OF SERIAL BONDS OR NOTES IN ANTICIPATION OF SUCH BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,600,000. RECITAL WHEREAS, the Webster Central School District (the “District”), as a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 80101, et seq., and implementing regulations, 6 NYCRR Part 617 (the “Regulations”) reviewed the impact of the purchase and finance of student transport vehicles (the “Vehicles”) and determined by resolution adopted February 14, 2023 that such action constitutes a “Type II Action” under the Regulations and is not subject to review under SEQRA; and WHEREAS, the qualified voters of the District, at the Annual District meeting duly called and held on May 16, 2023 did vote and adopt a proposition authorizing the purchase and finance of the Vehicles, including necessary furnishings, fixtures and equipment and all other costs incidental thereto, and the expenditure of a total sum not to exceed $1,600,000, which is estimated to be the total maximum cost thereof, and said amount, or so much thereof as may be necessary, shall be raised by the levy of a tax upon the taxable property of said School District and collected in annual installments as provided by Section 416 of the Education Law; and, in anticipation of such tax, obligations of said School District, in the principal amount not to exceed $1,600,000, are authorized to be issued; and NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF EDUCATION OF THE DISTRICT, (by favorable vote of not less than two thirds of all the members of said Board of Education) AS FOLLOWS: Section 1. The District is hereby authorized to purchase the Vehicles together with such furnishings, equipment, machinery and apparatus as may be required for the purposes for which the Vehicles are to be used and to expend therefor an amount, including preliminary costs and costs incidental thereto and to financing thereof, not to exceed the estimated maximum cost of $1,600,000, and said amount is hereby appropriated therefor. The estimated total cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,600,000 and the plan of financing includes the issuance of serial bonds in the aggregate principal amount not to exceed $1,600,000 to finance said appropriation and the levy and collection of taxes on all the taxable real property in the District to pay the principal of said bonds and the interest thereon as the same shall become due and payable, subject to applicable amounts of state assistance available or to any revenues available for such purpose from any other source. Section 2. Bonds and bond anticipation notes (including the renewal of any bond anticipation notes) of the District are hereby authorized to be issued pursuant to the provisions of the Local Finance Law of the State of New York (the "Local Finance Law"), in a principal amount not to exceed $1,600,000 to finance said appropriation for the Vehicles.
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Section 3. The following additional matters are hereby determined and declared with regard to the purchase and financing of the Vehicles: (a) Under the Local Finance Law, the period of probable usefulness of the Vehicles is five (5) years; (b) Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; (c) five (5) years.
The proposed maturity of the bonds authorized by this resolution will not exceed
Section 4. The temporary use of available funds of the District, not immediately required for the purpose or purposes for which the same were raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this resolution shall be from the District’s General Fund. It is intended that the District shall then reimburse expenditures from the General Fund with the proceeds of the bonds and bond anticipation notes authorized by this resolution and that the interest payable on the bonds and any bond anticipation notes issued in anticipation of such bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the District’s “official intent” within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein. Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation thereof shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the District, payable as to both principal and interest by general tax upon all the taxable real property within the District without limitation of rate or amount. The full faith and credit of the District are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the District of appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. The bonds may be issued such that annual installments of principal and interest are substantially level, as provided by law. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a)
such obligations are authorized for an object or purpose for which the District is not authorized to expend money, or
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(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 days after the date of such publication, or
(c)
such obligations are authorized in violation of the provisions of the constitution.
Section 7. The power to issue and sell the bonds and any notes issued in anticipation thereof (including any renewal notes), including all powers or duties pertaining or incidental thereto, is hereby delegated to the President of the Board of Education, as Chief Fiscal Officer, except as herein provided. The obligations shall be of such terms, form and contents as may be determined by the Chief Fiscal Officer, pursuant to the Local Finance Law. The Chief Fiscal Officer is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent and provisions hereof. Section 8. Trespasz & Marquardt, LLP is appointed bond counsel to the District. Section 9. This resolution shall take effect immediately. The District Clerk is hereby authorized and directed to publish a summary of the foregoing resolution, together with a Notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in the newspapers having general circulation in the District and designated the official newspapers of District for such publication.
[Remainder of Page Intentionally Left Blank]
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The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Janice Richardson, President Linda Dioguardi, Vice President Mike Alt Carole Barnabas Jennifer Birdsong-Ng Shanna LaDelfa Charlie Roods
Voting Voting Voting Voting Voting Voting Voting
The resolution was declared adopted.
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State of New York County of Monroe
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I, the undersigned District Clerk of the Webster Central School District, in the Counties of Monroe and Wayne, State of New York, HEREBY CERTIFY: That I have compared the annexed extract from the minutes of a meeting of the Board of Education of said School District, including the resolution contained therein, held on June 13, 2023, with the original thereof on file in my office, and that the same is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law) said meeting was open to the general public. I FURTHER CERTIFY that, prior, to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspaper and/or Other News Media
Date Given
Webster Herald
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I FURTHER CERTIFY that prior to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of Posted Notice
Date of Posting
District Office Bulletin Board Webster Central School District Website
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IN WITNESS WHEREOF, I have hereunto set my hand and seal and affixed the corporate seal of the Webster Central School District, Counties of Monroe and Wayne, New York, this ____day of June 2023. ____________________________ Cynthia Cushman, District Clerk [SEAL]
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