2022-131 2022-131
A Resolution Authorizing The Issuance Of$37,152,000 Serial Bonds Of The Town Of
Wappinger, Dutchess County, New York, To Pay The Cost Of The Establishment Of A
Route 9 Sewer District Extension (South Route 9 Area Extension), In And For Said Town
At a Special 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
September 6, 2022.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓Vote Record-Resolution RES-2022-131
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Voter Q ❑ ❑ ❑
Al Casella Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman Bettina.
WHEREAS, pursuant to proceedings to be had and taken in accordance with the
provisions of Article 12-A of the Town Law, the Town Board of the Town of Wappinger,
Dutchess County, New York, has determined to proceed with the establishment of a Route 9
Sewer District Extension (South Route 9 Area Extension), in the Town of Wappinger (the
"Sewer District Extension"); and
WHEREAS, the improvements for said Sewer District Extension shall consist of the
construction of a sewer collection system along Route 9, in the Town of Wappinger, Dutchess
County, New York, including original furnishings, equipment, machinery, apparatus,
appurtenances, land or rights-in-land, and incidental improvements and expenses in connection
therewith, together with improvements to the Tri-Municipal Wastewater Treatment Plant; and
WHEREAS, the maximum amount proposed to be expended by the Sewer District
Extension for said improvements is $37,152,000; and
WHEREAS, said capital project has been determined to be a Type I Action pursuant to
the regulations of the New York State Department of Environmental Conservation promulgated
pursuant to the State Environmental Quality Review Act, the implementation of which as
proposed, will not result in any significant adverse environmental impact; and
WHEREAS, it is now desired to authorize the financing of said improvements; 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 establishment
of a Route 9 Sewer District Extension (South Route 9 Area Extension) in the Town of
Wappinger, Dutchess County, New York, and the improvements therefor, consisting of
construction of a sewer collection system, in the Town of Wappinger, Dutchess County, New
York, including original furnishings, equipment, machinery, apparatus, appurtenances, land or
rights-in-land, and incidental improvements and expenses in connection therewith, together with
improvements to the Tri-Municipal Wastewater Treatment Plant, as described in the preambles
hereof, at a maximum estimated cost of$37,152,000, which specific object or purpose is hereby
authorized at said maximum estimated cost,there are hereby authorized to be issued $37,152,000
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 plan for the financing of said specific
object or purpose shall consist of the issuance of the $37,152,000 serial bonds of said Town
authorized to be issued pursuant to this bond resolution; PROVIDED, HOWEVER, that to the
extent that any grants-in-aid are received for such specific object or purpose, the amount of
bonds to be issued pursuant to this resolution shall be reduced dollar for dollar.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of
Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the serial 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 to the payment of the principal of and interest on such
bonds as the same respectively become due and payable. There shall be annually assessed upon
the taxable real property in said Sewer District Extension which the Town Board shall apportion
and assess upon the several lots and parcels of land in the manner provided by law, an amount
sufficient to pay the principal and interest on said bonds as the same become due, but if not paid
from such source, all the taxable real property in said Town shall be subject to the levy of ad
valorem taxes without limitation as to rate or amount sufficient to pay the principal of and
interest on said bonds as the same shall become due.
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 he shall deem best for
the interests of the Town, including, but not limited to, the power to sell said serial 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 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 the name of the Town by the facsimile
signature of its 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 8. The Supervisor is hereby further authorized, at the Supervisor's sole
discretion, to execute a project financing 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 serial 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 intent of this resolution is to give the Supervisor sufficient authority to
execute those applications, agreements, instruments or to do any similar acts necessary to effect
the issuance of the aforesaid serial bonds and, or notes without resorting to further action of this
Town Board.
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. 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 13. 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; provided, however,
that no bond anticipation notes or bonds shall be issued prior to the completion of the
proceedings for the establishment of said Route 9 Sewer District Extension (South Route 9 Area
Extension) in the Town and the subsequent ratification and confirmation of this bond resolution
by re-adoption thereafter by the Town Board.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
9/6/2022
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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