2019-161
2019-161
A Resolution Authorizing, Subject To Permissive Referendum, The Replacement Of The Heating,
Ventilation And Air Conditioning System At Town Hall, In And For The Town Of Wappinger, Dutchess
County, New York, At A Maximum Estimated Cost Of $1,300,000, And Authorizing The Issuance Of
$1,300,000 Bonds Of Said Town To Pay The Cost Thereof
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 August 5, 2019.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
Vote Record - Resolution RES-2019-161
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Michael Kuzmicz Mover
The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman
Phillips.
WHEREAS, the capital project hereinafter described, as proposed, 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, which regulations state that Type II
Actions will not have a significant adverse effect on the environment; and
WHEREAS, it is now desired to authorize such capital project and its financing; NOW, THEREFORE,
BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as
follows:
Section 1. The replacement of the heating, ventilation and air conditioning system at Town Hall, in
and for the Town of Wappinger, Dutchess County, New York, including incidental improvements and expenses
in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost
of $1,300,000.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of
$1,300,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local
Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific
object or purpose is fifteen years, pursuant to subdivision 91, based upon subdivisions 12(a) and 13, of
paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the bonds herein authorized will exceed five years.
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 unless paid from other revenues. 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 bonds herein authorized,
including renewals of such notes, is hereby delegated to the Supervisor of said Town, 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. All other matters except as provided herein relating to the 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 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 form 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 7. 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 8. 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 9. Upon this resolution taking effect, the same shall be published in full or summary form in
the official newspaper(s) of said Town for such purpose, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz
ABSENT: Angela Bettina
Dated: Wappingers Falls, New York
8/5/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK