2015-154 2015-154
A Resolution Authorizing The Issuance Of$945,000 Serial Bonds Of The Town Of
Wappinger, Dutchess County,New York, To Pay The Cost Of The Increase And
Improvement Of The Facilities Of The United Wappinger Sewer District,In The Town Of
Wappinger,Dutchess County,New York
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls,New York, on June 22,
2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called,the following was recorded:
✓Vote Record-ResolutiOn.RES-2015-154
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Barbara Gutzler Voter ❑ ❑
....... ......... ...... ... ..... ......... .Q.... .. ................ ❑
..........................................
❑ Defeated William Ciccarelli Voter ❑
...... ...... ...... ........ .
......
❑ Tabled William H Beale Voter _Q ❑ ❑ ❑
❑ Withdrawn Ismay CzamieckiMover Q ❑ ❑_ ❑
Michael Kuzmicz j Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Czarniecki and seconded by
Councilman Kuzmicz.
WHEREAS,the capital project hereinafter described has been determined to be a Type II
Action pursuant to the regulations of the New York. State Department of Environmental
Conservation promulgated pursuant to the State Environmental Quality Review Act and pursuant
to Chapter 117 of the Code of the Town of Wappinger, the implementation of which as
proposed, which therefore,will not result in a significant environmental effect; and
WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with
the provisions of Section 202-b of the Town Law, and more particularly an Order of even date
herewith, the Town Board has determined it to be in the public interest to increase and improve
the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess
County,New York, at a maximum estimated cost of$945,000;NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New
York, as follows:
Section 1. For the specific object or purpose of paying the cost of the increase and
improvement of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess
County, New York, (the "Sewer District"), being the Sewer District's share of the cost of the
replacement of the existing mechanical agitation aeration system at the Tri-Municipal Sewage
Treatment Plant, including original equipment, machinery, apparatus, appurtenances and
incidental improvements and expenses in connection therewith, at a maximum estimated cost of
$945,000, which specific object or purpose is hereby authorized at said maximum estimated cost,
there are hereby authorized to be issued not to exceed $945,000 serial bonds of said Town
pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the plan for the financing thereof is by the
issuance of the $945,000 serial bonds of said Town authorized to be issued pursuant to this bond
resolution.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of
Section 11.00 of the Local Finance Law.
Section 4. 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. To the extent not paid from monies raised in said United Wappinger Sewer
District, 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 5. 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 6. 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 she shall deem best for
the interests of said Town, including, but not limited to, the power to sell said bonds to the New
York State Environmental Facilities Corporation; provided, however, that in the exercise of these
delegated powers, the Supervisor 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 7. All other matters except as provided herein relating to the serial bonds
herein authorized including the date, denominations, maturities and interest payment dates,
within the limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also the ability to issue serial bonds with substantially level
or declining annual debt service, shall be determined by the Supervisor,the chief fiscal officer of
such Town. 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 fonn and contain such
recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the
Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 8. The Supervisor is hereby further authorized, at her sole discretion, to
execute a project finance and/or loan agreement, and any other agreements with the New York
State Department of Environmental Conservation and/or the New York State Environmental
Facilities Corporation, including amendments thereto, and including any instruments (or
amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of
the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond,
and/or note issue of said Town in the event of the sale of same to the New York State
Environmental Facilities Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental
Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated
to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by
said Supervisor consistent with the provisions of the Local Finance Law.
Section 10. The validity of such bonds and bond anticipation notes 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
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 obligations are authorized in violation of the provisions of the Constitution.
Section 11. 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 a long-term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose described herein.
Section 12. This resolution, which takes effect immediately, shall be published in summary
form in the official newspaper,together with a notice of the Town Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ismay Czarniecki, Councilwoman
SECONDER: Michael Kuzmicz, Councilman
AYES: Gutzler, Ciccarelli, Beale, Czarniecki, Kuzmicz
Dated: Wappingers Falls,New York
6/22/2015
The Resolution is hereby d y declared.Adopted.
J' SEPH P. PAOLONI, TOWN CLERK