2021-84
2021-84
A Resolution Authorizing, Subject To Permissive Referendum, The Reconstruction Of And Construction
Of Additions To Various Highway Department Buildings And Facilities, In And For The Town Of
Wappinger, Dutchess County, New York, At A Maximum Estimated Cost Of $1,250,000, And
Authorizing The Issuance Of $1,250,000 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 June 14, 2021.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
Vote Record - Resolution RES-2021-84
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Mover
Withdrawn
Al Casella Seconder
The following Resolution was introduced by Councilman Phillips and seconded by Casella.
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 reconstruction of and construction of improvements and additions to various
Highway Department buildings and facilities, in and for the Town of Wappinger, Dutchess County, New York,
including site improvements, original furnishings, equipment, machinery, apparatus, appurtenances, as well as
other incidental improvements and expenses in connection therewith, is hereby authorized, subject to
permissive referendum, at a maximum estimated cost of $1,250,000.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of
$1,250,000 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 class of
objects or purposes is twenty-five years, pursuant to subdivision 12(a)(1) 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: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
6/14/2021
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK