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2001-07-11 SPM07/11/2001 SPM A Special Meeting of the Town Board of the Town of Wappinger was held on July 11, 2000 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:30 p.m. Present: - Constant Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Others Present: Al Roberts Attorney to the Town Absent: Joseph Paoloni The Supervisor scheduled the meeting for July 11, 2001, for the purpose of Adopting the Resolution Authorizing Bonding for Contract 2 Phase 3A. Authorize the Tri -Muni Commission to Proceed with Bid Award. Award Heating 8v Ventilation Bid. The following resolution was offered by COUNCILMAN VALDATI, who moved its adoption as drafted by Thomas Rothman, Bond Counsel to the Town of Wappinger and seconded by Councilman Bettina. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $500,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY PART OF THE COST OF SEWER IMPROVEMENT FOR TOWN OF WAPPINGER SEWER TRANSMISSION TREATMENT IMPROVEMENT AREA NO. 3A OF SAID TOWN WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly an Order dated January 15, 1999 and the approval of the Comptroller of the State of New York on April 6, 1999, the Town Board of the Town of Wappinger, Dutchess County, New York, has established the Town of Wappinger Sewer Transmission/ Treatment Improvement Area No. 3A; and WHEREAS, by bond resolution dated April 12, 1999, the Town Board of said Town authorized the issuance of $9,970,000 serial bonds of said Town to pay costs thereof, which serial bonds were in addition to serial bonds aggregating $430,000 authorized by said Town Board for planning in connection with the proposed Town of Wappinger Sewer Transmission/ Treatment Improvement Area No. 3A; and WHEREAS, by proceedings subsequently had and taken pursuant to the provisions of Article- 12-C of the Town Law, specifically Section 209-q(5) of the Town Law, and more particularly an Order dated April 23, 2001 1 07/11/2001 SPM and approval of the Comptroller of the State of New York on June 25, 2001, an increase in the maximum estimated cost of said Town of Wappinger Sewer Transmission/ Treatment Improvement Area No. 3A was approved, increasing the maximum estimated cost thereof by $500,000; and WHEREAS, it is now desired to authorize the issuance of an additional $500,000 serial bonds of the Town of Wappinger, Dutchess County, New York therefore; 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 a part of the cost of the construction of sewer improvements, consisting of additions to the Tri -Municipal Treatment plant and construction of a pump station and generator as well as collector, transmission and force mains, including original furnishings, equipment, machinery, apparatus, appurtenances, land or rights -in -land and incidental improvements and expenses in connection therewith, to serve a benefited area in said Town, to be known as Town of Wappinger Sewer Transmission/ Treatment Improvement Area No. 3A, at a maximum estimated cost of $10,900,000, there are hereby authorized to be issued an additional $500,000 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 of said class of objects or purposes is a follows: (a) by the issuance of the $9,970,000 serial bonds of said Town authorized to be issued pursuant to a bond resolution dated April 12, 1999; and (b) by the issuance of $270,000 of the $375,000 serial bonds authorized to be issued pursuant to bond resolution dated February 28, 1994 for planning for said class of objects or purposes; and (c) by issuance of $160,000 of the $200,000 serial bonds authorized to be issued pursuant to bond resolution dated June 24, 1996, for planning for said class of objects or purposes; and (d) by issuance of the additional $500,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of section 11.00 of the Local Finance Law, calculated from July 14, 1994, the date of 07/11/2001 SPM issuance of the first bond anticipation note therefor pursuant to bond resolution dated February 28, 1994. 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. 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 the manual or facsimile signature of its Supervisor, and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of its Town Clerk. 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, 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, she 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 Town 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 matter 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 the Supervisor, providing for the manual countersignature of a fiscal agent or of a 3 07/11/2001 SPM 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, providing for the manual countersignature of 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 being such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town shall determine. Section 8. 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 9. The Supervisor is hereby further authorized, at her sole discretion, to execute an application, a project financing and 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 class of objects or purposes described in Section 1 hereof, or a portion thereof, by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board. 0 07/11/2001 SPM Section 11. 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 apportioned and assessed upon the several lots and parcels of land within said Town of Wappinger Sewer Transmission Treatment Improvement Area No. 3A which the town Board shall determine and specify to be especially benefited by the improvements, 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 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 provision of law which should be complied with at the date of publication of this resolution are not substantially complied with, 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 Constitutions. Section 13. 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 14. This resolution which takes effect immediately shall be published in full in the Southern Dutchess Newspaper, the 1 "'+ official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 8 1. 00 of the Local Finance Law. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith Voting Aye '61 07/11/2001 SPM Robert Valdati Voting Aye Vincent Bettina Voting Aye Joseph Ruggiero Voting Aye Joseph Paoloni Voting Absent The resolution was thereupon declared duly adopted Next is to authorize the Tri -Muni Commission to proceed with awarding of the bid for Contract 2 Phase 3A . Supervisor Smith explained that this bid was tabled because we had to get an increase. We have now received the authorization from Audit and Control. Al Roberts, Attorney to the Town informed the board, as confirmed with Thomas Rothman we normally wait the 20 days estoppel period and we do have the right to wave the estoppel period before we award this contract. In his tenure as Attorney to the Town, we have never had anyone challenge a Bond Resolution, and he feels confident that his bond will not be challenged in court. COUNCILMAN VALDATI moved to authorize the Tri Municipal Commission to proceed to award the bid for Contract 2 Phase 3A as per prior correspondence submitted by Commission Attorney, Anthony Quartararo. Seconded by Mr. Bettina Roll Call Vote Constance Smith Voting Aye Robert Valdati Voting Aye Vincent Bettina Voting Aye Joseph Ruggiero Voting Aye Joseph Paoloni Voting Absent Motion Unanimously Carried COUNCILMAN VALDATI moved to waive the traditional 20 day estoppel period from the time of publication on the advice of Counsel. Seconded by Mr. Bettina Motion Unanimously Carried Next is to award the bid for the heating & ventilation maintenance for the emergency services building and the town hall. Only one bid was received, Silvestri & Sons. They bid $2,900 for the town hall and $1,380 for the emergency services building. COUNCILMAN VALDATI moved to award the bid for the heating and ventilation maintenance for the emergency services building and the town hall, to Silvestri & Sons in the amount of $4,280, they being the only bid. Seconded by Mr. Bettina Motion Unanimously Carried X 07/11/2001 SPM There was no other business to come before the Board. COUNCILMAN BETTINA moved to close the meeting, seconded by Mr. Valdati and unanimously carried. The meeting adjourned at 7:39 p.m. Gloria Mor Town Cle 7