City Council

Village of Williamsville Village Board Meeting Agenda 5565 Main Street, Williamsville, New York October 28, 2019 at 6:30pm I. Call to Order Pledge of Allegiance Roll Call II. Proclamation(s) III. Approval of Minutes Regular Meeting September 23, 2019 Special Meeting October 15, 2019 I V. Public Hearing(s) V. Suspension of Rules for Public Participation VI. Village Board A. Mayor Rogers - Report and Resolution(s) 1. Approve transfers in the 2019-2020 General Fund Budget 2. Approve amendments in the 2019-2020 General Fund Budget 3. Approve amendments in the 2019-2020 General Fund Budget 4. Approve payroll and transfers from 9/18/19 to 10/22/19 5. Approve proposal from Fisher Associates for Engineering Services 6. Re-Appoint Administrator/Clerk-Treasurer 7. Adoption of formal written procedures to help ensure continuing disclosure compliance 8. Adoption of updated formal written procedures for post-issuance tax compliance E. Trustee Etu – Report and Resolution(s) B. Trustee Murphy – Report and Resolution(s) C. Deputy Mayor Piazza Report and Resolution(s) 1. Appoint Fire Department Member D. Trustee Yates – Report and Resolution(s) 1. Approve proposal from Shift Happens, LLC for an employee manual VII. Staff Reports VIII. Executive Session IX. Adjournment This meeting is conducted according to the Rules of Procedure as adopted by the Village Board on 7/1/19 1  Meetings Schedule Village Board Liaisons (Updated 7/1/19) (NOTE: Dates/times are subject to change. Please call the Village Clerk’s office at 632-4120 for the most up to date information) MAYOR ROGERS: DPW, Personnel, Insurance, Amherst Police Dept., Executive Safety Committee, Records Management Committee, Fire 1st Mon. – Planning Board meeting at 7:30pm Dept. Waterfront Advisory Committee 2nd Mon. – Village Board Work Session at 6:00pm 3rd Mon. – Environmental Advisory Council at 7:00pm DEPUTY MAYOR PIAZZA: Erie County Energy, Inter-Governmental 4th Mon. – Village Board Meeting 6:00pm Agency, Glen Park Art Festival Committee, Arts & Culture Committee 1st Tues. – Glen Park Joint Board – Meets at Town Hall at 7:00pm 2nd Tues. – Beautification Committee at 6:30pm (Ad Hoc) TRUSTEE ETU: Planning & Architectural Review Board, Parks 3rd Tues. – Meeting House Committee at 6:30pm at MH Committee, Historic Preservation Commission/War of 1812 Field 3rd Tues. – Glen Park Art Festival Committee at 7:30pm Hospital Committee, Zoning Board of Appeals 4th Tues. – Historic Preservation Commission at 7:00pm 4th Tues. – Youth & Recreation Committee at 7:00pm in Aud TRUSTEE MURPHY: Meeting House Committee, Glen Park Joint 2nd Wed. – Tree Board at 6:30pm Board, Traffic & Safety, Youth & Rec 2nd Wed. – Parks Committee at 7:15pm 3rd Wed. – Zoning Board at 7:00pm TRUSTEE YATES: Beautification Committee, Williamsville Business 1st Thur. – Traffic & Safety Committee at 7:00pm Association, Tree Board, Environmental Advisory Council Meetings & Events All meetings are at Village Hall unless otherewise noted. (NOTE: Dates/times are subject to change. Please call the Village Clerk’s office at 632-4120 for the most up to date information) October 2019 31 Halloween – Official Trick or Treat date in the Village November 2019 4 Planning Board meeting at 7:30pm 7 Traffic & Safety meeting at 7pm 12 Village Board Work Session at 6pm 12 Beautification at 6:30pm 13 Tree Board meeting at 6:30pm 13 Parks Committee meeting at 7:15pm 18 Environmental Comm. Meeting at 7pm 19 Meeting House Committee Meeting at 6:30 20 Zoning Board of Appeals at 7pm 25 Village Board Mini-Work Session at 6pm Visit the Village website at Village Board regular meeting at 6:30pm www.walkablewilliamsville.com 26 Historic Preservation Commission meeting at 7pm For Village information, news & events. 26 Youth & Rec Committee meeting at 7:00pm Follow us on www.Facebook.com/williamsville 2 ROGERS #1 RESOLVED, that the following budget transfers are hereby made in the General Fund for the 2019-2020 fiscal year. To: 001-3410-4160-3451 (Fire Protection/Truck Expense/Truck 5-1) $26.00 001-3410-4160-3491(Fire Protection/Truck Expense/9-1 Chief Vehicle) $308.00 From: 001-3410-4160 (Fire Protection/Truck Expense) $334.00 To: 001-3410-4160-3406 (Fire Protection/Truck Expense T-6) $1,909.00 001-3410-4160-3402 (Fire Protection/Truck Expense E-2) $1,143.00 001-3410-4160-3405 (Fire Protection/Truck Expense R-5) $675.00 001-3410-4160-3401 (Fire Protection/Truck Expense E-1) $250.00 From: 001-3410-4160 (Fire Protection/Truck Repair) $3,977.00 To: 001-3410-4160-3409 (Fire Protection/Truck Expense 9 Chiefs Truck) $10.00 001-3410-4160-3409 (Fire Protection/Truck Expense 9 Chiefs Truck) $21.00 001-3410-4160-3491 (Fire Protection/Truck Expense 9-1 Chiefs Truck) $125.00 001-3410-4160-3492 (Fire Protection/Truck Expense 9-2 Chiefs Truck) $125.00 From: 001-3410-4160 (Fire Protection/Truck Expense) $281.00 ROGERS #2 RESOLVED, that the following budget amendment is hereby made in the General Fund for the 2019-2020 fiscal year, to account for 5/31/19 Encumbrances Increase: 001-0001-0599 (Appropriated Surplus) $3675.00 Increase: 001-6410-4920 (Publicity/Flags) $980.00 001-7520-4450 (Historical Property/Miscellaneous) $1195.00 001-7550-4975 (Celebrations/Main Street Block Party) $150.00 ROGERS #3 RESOLVED, that the following budget amendment is hereby made in the General Fund for the 2019-2020 fiscal year, a donation from the Village Preservation foundation to be applied towards the cost of the Double Decker bus service on 6/1/19 Homecoming on Main Event. Increase: 001-0001-2705 (Gifts & Donations) $400.00 Increase: 001-7550-4975 (Celebrations/Main St Block Party) $400.00 3 ROGERS #4 RESOLVED, that payroll and vouchers in the amount of $967,043.52 covering the period from 9/18/19 – 10/22/19 are hereby approved as follows: Payroll covering 9/16/19 – 9/29/19: $35,708.59 Payroll covering 9/30/19 – 10/13/19: $36,362.27 Vouchers covering 9/18/19 – 10/8/19: General Fund $124,998.17 Water Fund $53.00 Sewer Fund $62,689.86 Glen Park Fund $2,304.90 Trust & Agency Fund $14,604.06 Debt Service $0.00 Community Development $0.00 Capital Fund __ $3,300.00 $207,949.99 Vouchers covering 10/9/19 – 10/22/19: General Fund $97,003.87 Water Fund $.00 Sewer Fund $4,610.86 Glen Park Fund $139.54 Trust & Agency Fund $11,459.66 Debt Service $0.00 Community Development $0.00 Capital Fund _$573,808.74 $687,022.67 GRAND TOTAL: $967,043.52 4 ROGERS #5 WHEREAS, that the Village of Williamsville has received a proposal from Fisher Associates for engineering services related to the review of a traffic impact study for the proposed Blocher Apartments that will be located at 135 Evans Street, Williamsville, NY; WHEREAS, pursuant to Section 21-6 of the Code, the applicant will be charged for the cost of the contract upfront, and the Village will hold the funds in escrow until the Fisher Associates invoices the Village; NOW, THEREFORE BE IT RESOLVED, that the Mayor is approved to sign the Fisher Associates proposal for engineering services not to exceed $3,000.00. ROGERS #6 RESOLVED, that Judith A. Kindron is hereby re-appointed as Village Administrator/Clerk- Treasurer from 11/01/2019 – 10/31/2021. ROGERS #7 RESOLUTION, DATED OCTOBER 28, 2019, OF THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF WILLIAMSVILLE, ERIE COUNTY, NEW YORK (THE “VILLAGE”) ADOPTING SEC-DRIVEN CONTINUING DISCLOSURE COMPLIANCE PROCEDURES WHEREAS, Securities Exchange Commission (“SEC”) Rule 15c2-12 (the “Rule”) generally prohibits underwriters from purchasing or selling municipal securities unless the issuer of such securities has entered into a continuing disclosure obligation; and WHEREAS, the Village is a periodic issuer of municipal securities and thus has entered into continuing disclosure obligations (or will do so) from time to time; and WHEREAS, it is therefore in the best interest of the Village to adopt formal written procedures to help ensure continuing disclosure compliance, and to designate an official responsible for ensuring that such procedures are followed; WHEREAS, Hodgson Russ LLP, as bond counsel to the Village, has prepared (and has recommended that the Village adopt) certain SEC-driven continuing disclosure compliance procedures; 5  NOW THEREFORE, BE IT RESOLVED, that the Village hereby adopts the continuing disclosure compliance procedures that are attached hereto as “Schedule A” and resolves to be governed thereby; and be it further RESOLVED, that the below Schedule A will be placed in its entirety in the official records, files, and minutes of the Village and adhered to going forward; and be it further RESOLVED, that this resolution shall take effect immediately upon its adoption. 6  Schedule A VILLAGE OF WILLIAMSVILLE, ERIE COUNTY, NEW YORK Continuing Disclosure Compliance Procedures for Tax-Exempt Bonds and Notes a. Purpose: The purpose behind implementation of these continuing disclosure compliance procedures is to ensure that the Village of Williamsville, Erie County, New York (the “Issuer”) (i) is compliant with its continuing disclosure obligations with respect to the securities it issues, pursuant to Rule 15c2-12, as amended (the “Rule”), promulgated under the Securities Exchange Act of 1934, as amended and (ii) makes accurate reports as to its compliance therewith in connection with its offerings of securities from time to time. b. Disclosure Compliance Officer Designation, Education and Training: The Issuer will designate a “Disclosure Compliance Officer” who will be the primary official responsible for monitoring compliance with the continuing disclosure requirements listed in the Issuer’s continuing disclosure undertakings. The Disclosure Compliance Officer will attend training and educational seminars that are offered on an annual basis by the Issuer’s bond counsel (the law firm of Hodgson Russ LLP) and will consult with the Issuer’s bond counsel and municipal advisor as needed to keep current on Securities and Exchange Commission regulations and developments relating to continuing disclosure compliance for its obligations. The Issuer’s designated Disclosure Compliance Officer is the Village Treasurer, currently Judith A. Kindron. c. Continuing Disclosure Obligations Review: The Disclosure Compliance Officer is responsible for reviewing, with the Issuer’s municipal advisor, the Issuer’s continuing disclosure undertakings to determine the date(s) by which annual financial information and audited financial information, along with any required material events notices and, if applicable, failure to file notices, must be filed with the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access (“EMMA”) system in accordance with the Rule. d. Preparation of Annual Financial Information and Audited Financial Statements: If the Issuer’s continuing disclosure undertakings require the filing of annual financial information and audited financial statements with EMMA, the Disclosure Compliance Officer will coordinate with the Issuer’s auditor and municipal advisor to ensure that such documents are prepared and submitted in advance of the deadline for such filing. e. Monitoring Disclosure Compliance: The Disclosure Compliance Officer will monitor the filing with EMMA of any and all documents required under the Issuer’s continuing disclosure undertakings through consultation with the Issuer’s municipal advisor and bond counsel when necessary. f. Correcting Potential Non-Compliance: Upon discovery of potential or existing non- compliance with the Issuer’s continuing disclosure undertakings, the Disclosure Compliance Officer will promptly take steps, including consultation with the Issuer’s municipal advisor and bond counsel, to correct such non-compliance, such as by filing failure to file notices with EMMA. g. Official Statements: The Disclosure Compliance Officer will review for accuracy and completeness any descriptions of the Issuer’s continuing disclosure compliance history contained in the initial drafts of notices of sale or official statements that are promulgated by the Issuer in connection with its bond and note issues, and will inform the Issuer’s municipal advisor and bond counsel of any potential inaccuracies or omissions within, so that any discovered inaccuracies or omissions in the draft document(s) can be corrected before such document(s) are finalized and distributed. ROGERS #8 RESOLUTION, DATED OCTOBER 28, 2019, OF THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF WILLIAMSVILLE, ERIE COUNTY, NEW YORK (THE “VILLAGE”) ADOPTING UPDATED POST-ISSUANCE TAX COMPLIANCE PROCEDURES WHEREAS, the Internal Revenue Service has issued regulations requiring issuers of tax- exempt obligations to certify on various forms that they actively monitor compliance with federal tax rules following the issuance of such obligations; and WHEREAS, the Village is a periodic issuer of tax-exempt obligations and thus is subject to the aforementioned compliance requirements which are critical for the preservation of the preferential tax status of those obligations; and WHEREAS, it is therefore in the best interest of the Village to adopt formal written procedures to ensure such compliance and to designate an official responsible for ensuring that such procedures are followed; and WHEREAS, the Village has previously adopted post-issuance tax compliance procedures (the “Prior Procedures”); and WHEREAS, it was intended that the Prior Procedures would be periodically updated and supplemented; and WHEREAS, Hodgson Russ LLP, as bond counsel to the Village, has prepared (and has recommended that the Village adopt) updated and more comprehensive post-issuance tax compliance procedures; NOW THEREFORE, BE IT RESOLVED, that the Village hereby adopts the updated post-issuance tax compliance procedures that are attached hereto as “Schedule A” and resolves to be governed thereby; and be it further RESOLVED, that the below Schedule A will be placed in its entirety in the official records, files, and minutes of the Village and adhered to going forward; and be it further RESOLVED, that this resolution shall take effect immediately upon its adoption.  Schedule A VILLAGE OF WILLIAMSVILLE, ERIE COUNTY, NEW YORK Post-Issuance Tax Compliance Procedures for Tax-Exempt Bonds and Notes Statement of Purpose These Post-Issuance Tax Compliance Procedures (the “Procedures”) set forth specific procedures of the Village of Williamsville, Erie County, New York (the “Issuer”) designed to monitor, and ensure compliance with, certain requirements of the Internal Revenue Code of 1986, as amended (the “Code”) and the related Treasury regulations, promulgated thereunder (the “Treasury Regulations”) in connection with the Issuer’s issuance of tax-exempt bonds and notes (“Obligations”). These Procedures describe various systems designed to identify, on a timely basis, facts relevant to demonstrating compliance with the requirements that must be satisfied subsequent to the issuance of Obligations to ensure that the interest on such Obligations is eligible for exclusion from gross income for federal income tax purposes. The federal tax law requirements applicable to the Obligations will be described in the tax questionnaire and/or tax certificate prepared by bond counsel and signed by officials of the Issuer. These Procedures establish a permanent, ongoing structure of practices that will facilitate compliance with the requirements for individual borrowings. To ensure compliance with applicable federal tax requirements, the Issuer must monitor the various direct and indirect uses of proceeds of the obligation and the investment of such proceeds, including but not limited to: (1) Monitoring the use of financed property over the life of the obligation. (2) Determining the sources of debt service payments and security for the obligation. (3) Calculating the percentage of any nonqualified use of the financed property. (4) Calculating the yield on investments of proceeds. (5) Determining appropriate restrictions on investments. (6) Determining the amount of any arbitrage on the investments. (7) Calculating any arbitrage rebate payments that must be paid to the U.S. Treasury. The Issuer recognizes that compliance with the pertinent law is an on-going process, necessary during the entire term of the Obligations. Accordingly, the implementation of the Procedures will require on- going monitoring and consultation with bond counsel and the Issuer's accountants and municipal advisor. General Procedures The following procedures relate to monitoring post-issuance tax compliance generally. A. The Village Treasurer (currently, Judith A. Kindron) (the “Compliance Officer”) shall be responsible for monitoring post-issuance tax compliance issues. B. The Compliance Officer will coordinate procedures for record retention and review of such records. C. All documents and other records relating to Obligations must be maintained by or at the direction of the Compliance Officer. In maintaining such documents and records, the Compliance Officer will comply with applicable Internal Revenue Service (“IRS”) requirements, such as those contained in Revenue Procedure 97-22 (see the reference materials presented herewith, referred to herein as “Reference Materials”). D. The Compliance Officer shall be aware of remedial actions under Section 1.141-12 of the Treasury Regulations (see Reference Materials) and the Treasury's Tax-Exempt Bonds Voluntary Closing Agreement Program (VCAP) and take such corrective action when necessary and appropriate. E. The Compliance Officer will review post-issuance tax compliance procedures and systems on a periodic basis, but not less than annually. F. The Compliance Officer will be responsible for training any designated officer or employee who is delegated any responsibility for monitoring compliance pursuant to this procedure. To the extent the Compliance Officer needs training or has any questions with respect to any item in this procedure, he or she should contact bond counsel and/or Issuer’s accountants and advisors. The IRS recognizes that the Compliance Officer and any delegated individual are not expected to act as lawyers who know the proper response to all compliance situations that may arise, but they should be familiar enough with federal tax issues that they know when to ask for legal or other compliance advice. Issuance of Obligations: Documents and Records With respect to each issue of Obligations, the Compliance Officer will: A. Obtain and store a closing binder and/or CD or other electronic copy of the relevant and customary transaction documents (the "Transcript"). B. Confirm that the applicable information reports (e.g., Form 8038 series) for such issue are filed timely with the IRS. Issuer should consult with their accountants and/or bond counsel with questions regarding the filing of such forms.  C. Coordinate receipt and retention of relevant books and records with respect to the investment and expenditure of the proceeds of such Obligations. Arbitrage The following procedures relate to the monitoring and calculating of arbitrage and compliance with specific arbitrage rules and regulations. The Compliance Officer will: A. Confirm that a certification of the initial offering prices of the Obligations with such supporting data, if any, required by bond counsel, is included in the Transcript. B. Confirm that a computation of the yield on such issue from the Issuer's municipal advisor or bond counsel (or an outside arbitrage rebate specialist) is contained in the Transcript. C. Maintain a system for tracking investment earnings on the proceeds of the Obligations. D. Coordinate the tracking of expenditures, including the expenditure of any investment earnings. If the project(s) to be financed with the proceeds of the Obligations will be funded with multiple sources of funds, confirm that the Issuer has adopted an accounting methodology that maintains each source of financing separately and monitors the actual expenditure of proceeds of the Obligations. E. Maintain a procedure for the allocation of proceeds of the issue and investment earnings to expenditures, including the reimbursement of pre-issuance expenditures. This procedure shall include an examination of the expenditures made with proceeds of the Obligations within 18 months after each project financed by the Obligations is placed in service and, if necessary, a reallocation of expenditures in accordance with Section 1.148-6(d) of the Treasury Regulations (see Reference Materials). F. Monitor compliance with the applicable "temporary period" (as defined in the Code and Treasury Regulations) exceptions for the expenditure of proceeds of the issue, and provide for yield restriction on the investment of such proceeds if such exceptions are not satisfied. G. Ensure that investments acquired with proceeds of such issue are purchased at fair market value. In determining whether an investment is purchased at fair market value, any applicable Treasury Regulation safe harbor may be used. H. Avoid formal or informal creation of funds reasonably expected to be used to pay debt service on such issue without determining in advance whether such funds must be invested at a restricted yield. I. Consult with bond counsel prior to engaging in any post-issuance credit enhancement transactions or investments in guaranteed investment contracts.  J. Identify situations in which compliance with applicable yield restrictions depends upon later investments and monitor implementation of any such restrictions. K. Monitor compliance with six-month, 18-month or 2-year spending exceptions to the rebate requirement, as applicable. L. Procure a timely computation of any rebate liability and, if rebate is due, to file a Form 8038-T and to arrange for payment of such rebate liability. M. Arrange for timely computation and payment of "yield reduction payments" (as such term is defined in the Code and Treasury Regulations), if applicable. Private Activity: Use of Proceeds The following procedures relate to the monitoring and tracking of private uses and private payments with respect to facilities financed with the Obligations. The Compliance Officer will: A. Maintain records for determining and tracking facilities financed with specific Obligations and the amount of proceeds spent on each facility. B. Maintain records, which should be consistent with those used for arbitrage purposes, to allocate the proceeds of an issue and investment earnings to expenditures, including the reimbursement of pre-issuance expenditures. C. Maintain records allocating to a project financed with Obligations any funds from other sources that will be used for otherwise non-qualifying costs. D. Monitor the expenditure of proceeds of an issue and investment earnings for qualifying costs. E. Monitor private use of financed facilities to ensure compliance with applicable limitations on such use. Examples of potential private use include: 1. Sale of the facilities, including sale of capacity rights; 2. Lease or sub-lease of the facilities (including leases, easements or use arrangements for areas outside the four walls, e.g., hosting of cell phone towers) or leasehold improvement contracts; 3. Management contracts (in which the Issuer authorizes a third party to operate a facility, e.g., cafeteria) and research contracts; 4. Preference arrangements (in which the Issuer permits a third party preference, such as parking in a public parking lot); 5. Joint-ventures, limited liability companies or partnership arrangements;  6. Output contracts or other contracts for use of utility facilities (including contracts with large utility users); 7. Development agreements which provide for guaranteed payments or property values from a developer; 8. Grants or loans made to private entities, including special assessment agreements; and 9. Naming rights arrangements. Monitoring of private use should include the following: 1. Procedures to review the amount of existing private use on a periodic basis but not less than annually; and 2. Procedures for identifying in advance any new sale, lease or license, management contract, sponsored research arrangement, output or utility contract, development agreement or other arrangement involving private use of financed facilities and for obtaining copies of any sale agreement, lease, license, management contract, research arrangement or other arrangement for review by bond counsel. If the Compliance Officer identifies private use of facilities financed with tax-exempt debt, the Compliance Officer will consult with bond counsel to determine whether private use will adversely affect the tax status of the issue and if so, what remedial action is appropriate. The Compliance Officer should retain all documents related to any of the above potential private uses. Reissuance The following procedures relate to compliance with rules and regulations regarding the reissuance of Obligations for federal law purposes. The Compliance Officer will identify and consult with bond counsel regarding any post-issuance change to any terms of an issue of Obligations which could potentially be treated as a reissuance for federal tax purposes. Record Retention The following procedures relate to retention of records relating to the Obligations issued. The Compliance Officer will: A. Coordinate with staff regarding the records to be maintained by the Issuer to establish and ensure that an issue remains in compliance with applicable federal tax requirements for the life of such issue. B. Coordinate with staff to comply with provisions imposing specific recordkeeping requirements and cause compliance with such provisions, where applicable. C. Coordinate with staff to generally maintain the following: 1. The Transcript relating to the transaction (including any arbitrage or other tax questionnaire, tax regulatory agreement, and the bond counsel opinion); 2. Documentation evidencing expenditure of proceeds of the issue; 3. Documentation regarding the types of facilities financed with the proceeds of an issue, including, but not limited to, whether such facilities are land, buildings or equipment, economic life calculations and information regarding depreciation; 4. Documentation evidencing use of financed property by public and private entities (e.g., copies of leases, management contracts, utility user agreements, developer agreements and research agreements); 5. Documentation evidencing all sources of payment or security for the issue; and 6. Documentation pertaining to any investment of proceeds of the issue (including the purchase and sale of securities, yield calculations for each class of investments, actual investment income received by the investment of proceeds, guaranteed investment contracts, and rebate calculations). D. Coordinate the retention of all records in a manner that ensures their complete access to the IRS. E. Keep all material records for so long as the issue is outstanding (including any refunding), plus seven years. ETU #1 MURPHY #1 PIAZZA #1 RESOLVED, that Jacob A. Morley, residing at 155 Los Robles St., Williamsville, is hearby appointed as an active member of the Williamsville Fire Department, effective November 1, 2019. YATES #1 RESOLVED, that the Mayor is hereby authorized to sign the proposed contract dated October 2019 with Shift Happens LLC for the creation of an employee handbook, at a cost not to exceed $800.00.