2005-126 (2)09/14/2005.SPM
A Special Town Board Meeting of the Town of Wappinger was held on
September 14, 2005, at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York. Supervisor Ruggiero opened the meeting at 7:50 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Maureen McCarthy, Councilwoman
Joseph Paoloni, Councilman
John C. Masterson, Town Clerk
Others Present:
Dave Stolman, Town Planner
Absent:
Vincent Bettina, Councilman
RESOLUTION 2006-126
RESOLUTION AUTHORIZING THE ISSUANCE OF $200,000 SERIAL
BONDS FOR THE PURCHASE & INSTALLATION OF UNDERGROUND
LIQUID FUEL TANKS
The following Resolution was offered by Councilwoman McCarthy and
seconded by Councilman Valdati.
WHEREAS, all conditions precedent to the financing of the capital project
hereinafter described, including compliance with the provisions of the State
Environmental Quality Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital
project,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
Wappinger, Dutchess County, New York, as follows:
Section 1. For the class of objects or purposes of paying the cost of the
purchase and installation of underground liquid fuel tanks, including the
incidental removal of existing tanks, in and for the Town of Wappinger,
Dutchess County, New York, including incidental expenses in connection
therewith, there are hereby authorized to be issued $200,000 serial bonds of
the Town of Wappinger, Dutchess County, New York, pursuant to the
provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of
such class of objects or purposes is $200,000, and the plan for the financing
kthereof is by the issuance of the $200,000 serial bonds of said Town
1i• authorized to be issued pursuant to this bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of
the aforesaid class of objects or purposes is ten years, pursuant to subdivision
90 of paragraph a of Section 11.00 of the Local Finance Law, as the aforesaid
class consists of components that have period of probable usefulness of at
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least ten years under subdivision 88 of said paragraph. It is hereby further
determined that the maximum maturity of the serial bonds herein authorized
will exceed five years.
Section 4. Subject to the provisions of the Local Finance Law, the power to
authorize the issuance of and to sell bond anticipation notes in anticipation of
the issuance and sale of the serial bonds herein authorized, including
renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents, and shall be
sold in such manner, as may be prescribed by said Supervisor, consistent
with the provisions of the Local Finance Law.
Section 5. The faith and credit of said Town of Wappinger, Dutchess
County, New York, are hereby irrevocably pledged for the payment of the
principal of and interest on such bonds as the same respectively become due
and payable. An Annual appropriation shall be made in each year sufficient
to pay the principal of and interest on such bonds becoming due and payable
in such year. There shall annually be levied on all the taxable real property
of said Town a tax sufficient to pay the principal of and interest on such
bonds as the same become due and payable.
Section 6. Such bonds shall be in fully registered form and shall be signed
in the name of the Town of Wappinger, Dutchess, County, New York, by
manual or facsimile signature of the Supervisor and a facsimile of its
corporate seal shall be imprinted thereon and may be attested by the manual
or facsimile signature of the Town Clerk.
Section 7. The powers and duties of advertising such bonds for sale,
conducting the sale and awarding the bonds, are hereby delegated to the
Supervisor, who shall advertise such bonds for sale, conduct the sale and
award the bonds in such manner as he shall deem best for the interests of
said Town; provided, however, that in the exercise of these delegated powers,
he shall comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of municipal
bonds. The receipt of the Supervisor shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of
the purchase money.
Section 8. All other matters, except as provided herein relating to such
bonds, including determining whether to issue such bonds having
substantially level or declining annual debt service and all matters related
thereto, prescribing whether manual or facsimile signatures shall appear on
said bonds, prescribing the method for the recording of ownership of said .
bonds, appointing the fiscal agent or agents for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be executed in
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the name of the Town by the facsimile signature of the Supervisor, providing
for the manual countersignature of a fiscal agent or of a designated official of
the Town), the date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation with other
issues, shall be determined by the Supervisor. It is hereby determined that it
is to the financial advantage of the Town not to impose and collect from
registered owners of such serial bonds any charges for mailing, shipping and
insuring bonds transferred or exchanged by the fiscal agent, and, accordingly,
pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent. Such bonds shall contain
substantially 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 52.00 of the Local Finance
Law, as the Supervisor shall determine.
Section 9. . The validity of such bonds and bond anticipation notes 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
2) The provisions of law which should be complied with at the date
of publication of this resolution are not substantially complied
with, and an action, suit or proceeding contesting such validity
is commenced within twenty days after the date of such
publication, or
3) Such obligation are authorized in violation of the provisions of
the Constitution.
Section 10. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150 — 2. Other than as specified
in this resolution, no monies are, or are reasonably expected to be, reserved,
allocated on long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 11. Upon this resolution taking effect, the same shall be published
in full in the Southern Dutchess News and the Poughkeepsie Journal, the
official newspapers, together with a notice of the Town Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law
Section 12. This resolution is adopted subject to permissive referendum in
accordance with Section 35.000 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a
vote on roll call, which resulted as follows:
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Joseph Ruggiero, Supervisor,
Voting
Aye
Vincent Bettina, Councilman
Voting
Absent
Maureen McCarthy, Councilwoman
Voting
Aye
Robert Valdati, Councilman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 2005-128
RESOLUTION ENDORSING DUTCHESS COUNTY CLASSIC
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Paoloni.
WHEREAS, the Mid -Hudson Road Runners Club, whose address is at P.O. Box 965,
Wappingers Falls, New York 12590, will be sponsoring the 27h Annual Dutchess County
Classic to be held on Sunday, September 18, 2005; and
WHEREAS, The Mid -Hudson Road Runners Club requests the use of Robinson Lane
Park on Saturday, September 17, 2005 for the set-up of tents, tables, Port -a -Johns as, etc.
and on Sunday, September 18, 2005 as the start and finish of all races in connection with
the Dutchess County Classic; and
WHEREAS, The Mid -Hudson Road Runners Club further requests the use of Robinson
Lane on Sunday, September 18, 2005 for the running of three (3) races, a Marathon, a
Half -Marathon and a 5k race, which commence at 9:00 a.m. and will proceed through the
Town of Wappinger, Town of LaGrange and the Town of East Fishkill and finish at
Robinson Lane Park.
NOW, THERFORE, BE IT RESOLVED, AS FOLLOWS:
The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
1. The Town Board endorses Mid -Hudson Road Runners Club's sponsorship of the
27th Annual Dutchess County Classic Race on Sunday, September 18, 2005.
2. The Town Board hereby authorizes the Mid -Hudson Road Runners Club to use
Robinson Lane Park on Saturday, September 17, 2005 for the set-up of tents,
tables, Port -a -Johns, etc. and on Sunday, September 18, 2005 as the start and
finish line of all races in connection with the Dutchess County Classic.
3. The Town Board hereby further authorizes the Mid -Hudson Road Runners Club
to use Robinson Lane on Sunday, September 18, 20005 for the running of three
(3) races, a Marathon, a Half -Marathon and a 5k race, which commence at 9:00
a.m. and will proceed through the Town of Wappinger, Town of LaGrange and
the Town of East Fishkill and finish at Robinson Lane Park, in accordance with
the letter dated September 1, 2005 from Paul Cassitto, Director of the Dutchess
County Classic and member of the Mid -Hudson Road Runners Club, to
Supervisor Joseph Ruggiero, and the application submitted to the Town of
Wappinger Recreation Commission on behalf of the Mid -Hudson Road Runners
Club, both of which are attached hereto and made part of this Resolution.
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