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1999-02-01 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER ADJOURNED MEETING OF JANUARY 25, 1999 FEBRUARY 1, 1999 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES: Workshop 12/14/98 Reg. 12/28/98 Re -Org. 1/4/99 4. REPORTS OF OFFICERS: Sup/Bkkr Town Justices Receiver of Taxes Bldg/zng Depts. ANNUAL REPORTS: Judge Wolfson & Judge Morse Recreation Comm. attendance report for 1998 5. PETITIONS & COMMUNICATIONS a. b. c. Notification of intent to renew liquor License from Handshakes Restaurant Corp. G. Foster. H. Supt., requests permission to bid for Highway Rd. Aggregates, etc.>Q. C", <'�st� _Emc Sc•9ge 4uilst-f c. Ralph Holt, Rec. Ch. Corr: (1) Request supervisor be authorized to sign Agreement for CD Grant for Schlathaus (2) request for P.O. for $1,421.28 for School Custodial Services (3) request permission to go to bid for Rymer Subd. Rec. Area Road Access (4) Determination of responsibility of certain T/ROW'S (5) Request permission to hire full time maintenance personnel (6) seek advice on direction to take to fill position of Sr. Center/Rec. Office personnel JPaggi, Eng. to Town,Report on Fleetwood/V. Fishkill Water interconnection (1/7/99 - 1/12/99 - 1/15/99) Emanuel F. Saris, Attny for tax reviews, re: Cresthill Industries v. T.Wappinger J. Railing, P.E., re: request approval to tie into town water Syst on Pye Lane Rorey E. Wanliss, Manager, Nextel, request to build a Communications Tower at Town Hall Jos. Marcogliese, P.E.,NYSDEC Regional Water Engineer, re: support of inclusion of 3 small wastewater plants in Phase 3A P. Meybohm, Property Manager, the Pavilion Condos, re: Billing directly to individual home owners. Ernest Tiebout, Dorothy Lane,• re: dangerous intersection of Dorothy Lane and Pine Ridge Drive A. Lehigh, Ch. Bd. of fire commissioners, New Hackensack Fire Dist, re: installation of a dry hydrant in Jakoce pond off St. Nicholas F Authorize the Attorney to proceed with problem properties on Alice Lane Authorize the Engineer to research & provide information re: Pizzagalli Bldg. for Chazen J. Paggi, Eng to Town, re:Aerial photography on which maps will be based on for Phase 3A. 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT MONTHLY REPORT 8. RESOLUTIONS a. Supervisors request for Budgetary Transfers b. Appointment of Zoning Board of Appeals member ( H. Prager term expires 2/1/99) C. Accept Contract for Dial -a -Ride and Authorize Supervisor to sign 9. UNFINISHED BUSINESS J. Paggi, Eng. to town, survey map of Chelsea ROS (Hammond) 10. NEW BUSINESS 11. ADJOURNMENT 02/01/99.RGM j( An adjourned Town Board Meeting of the Town of Wappinger was held on February 1, 1999 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:30 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman (arrived at 7:45 p.m.) Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Workshop Meeting of December 14, 1998, Regular Meeting of December 28, 1998 and Reorganizational Meeting of January 4, 1999 having previously been forwarded to the Board Members, was now placed before them for their consideration. COUNCILMAN VALDATI moved that the above stated minutes as presented by the Town Clerk be and they are hereby approved. "%W Seconded by Mrs. Smith Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of January were received from the Town Justices, Supervisor/Bookkeeper, Receiver of Taxes, Building/Zoning Departments, Annual Reports from Judge Wolfson & Judge Morse, and Attendance Report from Recreation for 1998. COUNCILMAN BETTINA moved to accept the reports and place them on file. Seconded by Mr. Paoloni Motion Unanimously Carried Notification of intent to renew their liquor license was received from Handshakes Restaurant Corporation. ..err COUNCILMAN BETTINA moved to accept the notification and place it on file with no comment. Seconded by Mr. Paoloni 1 Motion Unanimously Carried 02/01/99.RGM A request from Graham Foster, Highway Superintendent for permission to advertise for bids for the annual Highway Road Aggregates, gasoline, fuel oil, etc. COUNCILMAN VALDATI moved to authorize Mr. Foster to advertise for bids for Highway Road Aggregates, gasoline, fuel oil, etc. Seconded by Mr. Bettina Motion Unanimously Carried The second item from Mr. Foster concerns bridge tolls. Since the source of many Highway parts are across the river, highway has had to purchase tickets and use them as needed. Since the E -Z pass system was implemented, the tickets are no longer valid, and it would be to expensive use E -Z pass. It appear the only choice is to pay cash. Mr. Foster is requesting a petty cash fund of $25 be set up for Highway for this purpose, and replenish the fund when it gets below $10. COUNCILMAN VALDATI moved to authorize a petty cash fund of $25 be set up for highway for bridge tolls, and replenished when it gets below $10, as requested by Mr. Foster. Seconded by Mr. Bettina Motion Unanimously Carried Next are several requests from Ralph Holt, Recreation Chairman. The first is the CD Grant for renovation at Schlathaus Park. Mr. Ennesser has read and reviewed the standard form agreement, received from Cerniglia ,,,,e & Swartz, for the alterations at Schlathaus under the CD Grant received in 1998, and requests that approval be given for Supervisor Smith to sign the agreement. COUNCILMAN VALDATI moved to accept the agreement for the CD Grant for Schlathaus, and authorize Supervisor Smith to sign. Seconded by Mr. Paoloni Motion Unanimously Carried The second request is permission to obtain a P.O. in the amount of $1,421.28, payable to Wappinger Central School District for custodial service for their Saturday morning programs. COUNCILMAN VALDATI moved to approve a P.O. in the amount of $1,421.28, payable to Wappinger Central School District for Custodial service for the Saturday morning programs, as requested by Mr. Holt. Seconded by Mr. Paoloni Motion Unanimously Carried The third request is for authorization to go to bid for the Rymer Subdivision Recreation Area road access. The town received a permit for work on CR 28 for the construction of a commercial access for the Rymer Recreation area. 2 02/01/99.RGM l We have until 12/1/99 for this work to be completed. Mr. Holt is requesting permission to advertise for bids for the construction of the access. At the April 1997 Town Board meeting, the Town Board authorized the use of $20,000 from the Parkland Trust Fund toward the construction of a road into this park. COUNCILMAN BETTINA moved to authorize Mr. Holt to advertise for bids for construction of a commercial access for the Rymer Recreation area, as requested by Mr. Holt, the funds to come out of Parkland Trust Fund. Seconded by Mr. Valdati Motion Unanimously Carried The fourth request concerns the Town right-of-ways. Concerns of who is responsible in handling problems in the Town right-of-ways continue to surface. Mr. Holt is requesting some direction as to whom is responsible. It would appear that a majority of the right-of-ways has nothing to do with Recreation, but called upon to handle dead trees, etc. COUNCILMAN BETTINA moved to table to a Workshop for further discussion. Seconded by Mr. Paoloni Motion Unanimously Carried At this time, Mr. Holt is requesting permission to hire full time maintenance personnel. Mr. Holt is recommending Paul Endress to fill the position. He has worked part time for two years, is experienced, and capable of using all the equipment. His salary would be $18,375 and this amount is contained in their 1999 plan. COUNCILMAN VALDATI moved to authorize Mr. Holt to hire Paul Endress to fill the full time position existing on the maintenance staff, at a salary of $18,375 per year. Seconded by Mr. Paoloni Motion Unanimously Carried The final request from Mr. Holt is to fill the new position for the Senior Center/Recreation Office. The 1999 budget A line item provided for a new position. He would like some direction in filling this position. SUPERVISOR SMITH announced she would review the list of eligible candidates from Civil Service, and Mr. Holt would not have to advertise. COUNCILMAN VALDATI moved to authorize Mr. Holt to fill the vacancy after reviewing the Civil Service list. Seconded by Mr. Bettina Motion Unanimously Carried 3 02/01/99.RGM Jay Paggi, Engineer to the Town presented correspondence of 1/7/99, 1/12/99, and 1/15/99 to the Board in regard to the Fishkill/Fleetwood Interconnection and measures that were taken to initiate the project. COUNCILMAN BETTINA moved to accept the reports presented by Mr. Paggi and place them on file. Seconded by Mr. Paoloni Motion Unanimously Carried Communication from Emanuel Saris, Attorney to the Town appointed to handle Tax Reviews, to defend on behalf of the mown, informing the board, that the he recommends the settlement offer received from Griffin, Coogan & Veneruso, P.C. in the matter of Cresthill Industries v Town of Wappinger. The Contract of Sale is determinative in this matter, and the town would be saving the costs of litigation. COUNCILMAN VALDATI moved to authorize Emanuel Saris, Attorney to the Town appointed to handle Tax Reviews to defend on behalf of the Town, proceed with his recommendations and settle. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from John Railing, P.E., P.C. informing the board that Mr. & Mrs. Karabinos are planning to subdivide their existing parcel into 2 lots. They are requesting approval to tie one proposed 4 bedroom dwelling to the existing water main. They would also like to tie the existing house (now on a well) into the system if adequate capacity exists. The proposed subdivision is located on Pye Lane, and the parcel is within the Central Wappinger Water Improvement Area. . COUNCILMAN VALDATI moved to table to the next workshop for further discussion. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Rorey E Wanliss, Real Estate and Zoning Project Manager for Nextel Communications. He wished to thank Supervisor Smith for taking the time to meet with him to discuss the possibility of Nextel Communications building a communication tower at the Town Hall. The tower would be built so that the Town and other communication companies would be able to utilize it. Nextel would be responsible for the leasing of space on the tower to any other telecommunication companies and share the income with the Town. He wishes to discuss the proposal in detail. COUNCILMAN VALDATI moved to table until Mr. Wanliss can be in attendance to discuss the proposal in detail. 0 Seconded by Mr. Bettina 02/01/99.RGM Motion Unanimously Carried Correspondence from Joseph Marcogliese, P.E., NYSDEC, Regional Water Engineer in support of the inclusion of waste water plants in White Gates Condominiums, Pavilion Condominiums, and Alpine be included in the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A. Abandonment of these plants, by connection to a large regional system, will eliminate existing wastewater discharges to small streams. While his office supports the general concept of this project, it still must be subject to an applicable environment review (SEQRA) along with any Department Permits as needed. COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Pam Maybohm, Property Manager of the Pavilion Condominium, with a request that the town bill any future sewer bills for maintenance, directly to the individual homeowners, because the Pavilion is not financially set up to make large payments. It is sometimes difficult to make the regular quarterly water and sewer payments. The additional sewer g maintenance payments will increase the condominiums burden. The Board of Managers is also looking for advice on financial aid in dismantling the sewer plant on the site. Any help would be greatly appreciated. COUNCILMAN VALDATI table to a workshop at this time. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Ernest R. Tiebout of 191 Dorothy Lane which is off Cedar Hill Road. For the past thirty years, a situation has existed whereby a very serious accident is waiting to happen. Dorothy Lane intersects with Pine Ridge Drive at the top of a rise. There is no indication that this exists, and traffic enters this intersection at full speed. Most of the traffic is coming east on Dorothy Lane that enters this intersection non-stop. The right of way is for those vehicles on Pine Ridge Drive. Mr. Tiebout is requesting someone from the highway department to inspect this situation to see if a STOP sign or YIELD sign could be installed. COUNCILMAN BETTINA moved to authorize Engineer to the Town, Jay Paggi, and Graham Foster, Highway Superintendent to investigate the area, and report back to the town board with their recommendations. Seconded by Mr. Ruggiero 5 02/01/99.RGM Motion Unanimously Carried Correspondence from Al Lehigh, Chairman of the Board of the New Hackensack Fire District, informing the board that the New Hackensack Fire District wishes to install a dry hydrant in the Jekoce pond on St. Nicholas Road. The Fire Department badly need a water source in this location. The Fire District is going to pay for the cost of this project. Mr. Lehigh has spoken to Graham Foster about this location and getting some minor help to complete the project. Graham has agreed, subject to town board approval. Al is requesting Town Board approval to go ahead with this project. There was some discussion regarding ownership of the property. COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to send a letter to Fire Company to establish ownership and DEC approval. If not private property, authorize Mr. Foster to perform the minor work as requested by Mr. Lehigh. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Al Roberts, Attorney to the Town requesting authorization to proceed with action in connection with the Kirby Residence located on Alice Lane. COUNCILMAN BETTINA moved to authorize Mr. Roberts to prepare the necessary papers. Seconded by Mr. Paoloni 01 Motion Unanimously Carried A request from The Chazen Companies to authorize Jay Paggi, Engineer to the Town to research and provide them with information regarding the availability of water at the Pizzagalli Building and the F&O Building. COUNCILMAN VALDATI moved to authorize Mr. Paggi to research and provide information on the availability of water at the Pizzagalh Building and the F&O Building, and charge appropriately. Seconded by Mr. Bettina Motion Unanimously Carried A request from Jay Paggi, Engineer to the Town for authorization to perform aerial photography on which maps will be based for Phase 3A. He contacted the aerial photography people, and they informed Mr. Paggi the cost of doing the flight work is between $1,800 and $2,100. COUNCILMAN RUGGIERO to authorize the aerial photography be performed on which maps will be based for Phase 3A, as requested by Mr. Paggi, and the cost not to exceed $2,100. Seconded by Mr. Valdati 02/01/99.RGM WHEREAS, the Town of Wappinger, Dutchess County, New York (the "Town") heretofore issued an aggregate principal amount of $3,545,000 7 Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN PAOLONI, on PIQWON. Mr. Roberts, Attorney to the Town announced that the attorneys mother died, and therefore it has been tabled. Mr. Roberts said he had a draft of papers ready to go. He did retain an attorney out of White Plains, and has requested a conference which is scheduled for tomorrow at 2:00 p.m. Without going into confidentiality, it 6w was a very positive conversation. He has high hopes that it will be resolved. COUNCILMAN RUGGIERO, on Codification. Mr. Roberts, Attorney to the Town informed Mr. Ruggiero there are still some details that must be resolved, and should be ready in March. COUNCILMAN VALDATI had no reports at this time. COUNCILMAN BETTINA, on the water problems in the Chelsea Ridge Apartments. Several residents contacted him on this problem. Even though it is a private source, we do have an obligation to look into this and assist the residents. Discussion followed. COUNCILMAN BETTINA moved to authorize Supervisor Smith send a letter to the DEC and the Health Department concerning this matter. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN VALDATI announced that he received a business card from a Videographer, perhaps the Supervisor would contact the gentleman so he can make a presentation to explain what is needed. SUPERVISOR SMITH on the refinancing of two outstanding Drainage Bonds. At this time she turned the meeting over to Sal Peninni, the towns financial planner who explained what procedures needed to be taken. Mr. Peninni said he would like to have the Resolution in place, when the time came to refinance the two outstanding Drainage Bonds. The following Resolution was offered by COUNCILMAN PAOLONI who moved its adoption, and seconded by Councilman Valdati. REFUNDING BOND RESOLUTION NO. 1 OF 1999 DATED FEBRUARY 1, 1999. A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION 90.10 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO BE DESIGNATED SUBSTANTIALLY "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BONDS", AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY. WHEREAS, the Town of Wappinger, Dutchess County, New York (the "Town") heretofore issued an aggregate principal amount of $3,545,000 7 02/01/99.RGM Public Improvement (Serial) Bonds, 1991, pursuant to various bond resolutions, and a consolidating resolution of the Town Board dated and duly adopted dated July 25, 1991 (hereinafter referred to as the "1991 Refunded Bond Resolution") for various objects or purposes all as set forth in Exhibit A- 1 attached hereto and thereby made a part hereof, such Public Improvement (Serial) Bonds, 1991, being dated August 15, 1991 and maturing or matured in the amount of $165,000 on August 15, 1992, $170,000 on August 15, 1993, $175,000 on August 15, 1994, $155,000 on August 15, 1995, $160,000 on August 15, 1996, $165,000 on August 15, 1997, $170,000 on August 15 in each of the years 1998 to 2003, both inclusive, $175,000 on August 15, 2004, $180,000 on August 15, 2005, $185,000 on August 15, 2006, $190,000 on August 15, 2007, $195,000 on August 15, 2008, $200,000 on August 15, 2009, and $205,000 on August 15 in each of the years 2010 and 2011, as more fully described in the 1991 Refunded Bond Resolution (the "1991 Refunded Bonds"); and WHEREAS, the Town heretofore issued an aggregate principal amount of $1,500,000 Public Improvement (Serial) Bonds, 1994, pursuant to various bond resolutions, as amended, for various objects or purposes all as set forth in Exhibit A-2 attached hereto and thereby made a part hereof, and a bond certificate of the Supervisor dated September 27, 1994 (hereinafter referred to as the "1994 Refunded Bond Certificate"), such Public Improvement (Serial) Bonds, 1994, being dated October 1, 1994 and maturing or matured in the amount of $40,000 on October 1, 1995, $45,000 on October 1 in each of the years 1996 and 1997, $50,000 on October 1, in each of the years 1998 and 1999, $55,000 on October 1, 2000, $60,000 on October 1 in each of the years 2001 and 2002, $65,000 on October 1, 2003, $70,000 on October 1, 2004, $75,000 on October 1 in each of the years 2005 and 2006, $80,000 on October 1, 2007, $85,000 on October 1, 2008, $90,000 on October 1, 2009, $100,000 on October 1, 2010, $105,000 on October 1, 2011, $110,000 on October 1, 2012, $115,000 on October 1, 2013 and $125,000 on October 1, 2014, as more fully described in the 1994 Refunded Bond Certificate (the "1994 Refunded Bonds"; together with the 1991 Refunded Bonds, being hereinafter sometimes referred to collectively as the "Refunded Bonds"); and WHEREAS, it would be in the public interest to refund all, or one or more, or a portion of one or more, of the $2,385,000 outstanding principal balance of the 1991 Refunded Bonds, and the $1,320,000 outstanding principal balance of the 1994 Refunded Bonds (all such outstanding principal balances being stated as of January 15, 1999), each by the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law; and n 02/01/99.RGM WHEREAS, each of such refundings will individually result in present value savings in debt service as required by Section 90.10 of the Local Finance Law; NOW THEREFOR, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the object or purpose of refunding the $3,705,000 outstanding aggregate principal balance of the Refunded Bonds, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to par (I) the principal amount of the Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the redemption premium to be paid on the Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $4,700,000 refunding serial bonds of the Town pursuant to the provisions of Section 90.10 of the Local Finance Law (the "Public Improvement Refunding Bonds" or the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $4,105,000, as provided in section 4 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding serial bond issues. The Public Improvement Refunding Bonds shall each be designated substantially "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND" together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R-99 (or R with the last two digits o the year in which the Refunding Bonds are 0 02/01/99.RGM issued as appropriate) followed by a dash and then from 1 upward, shall be dated on such dates, and shall mature annually on such dates in such years, bearing interest semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the Supervisor pursuant to Section 4 hereof. It is hereby further determined that such Refunding Bonds may be issued in series. It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds. Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the Supervisor shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the Town by lot in any customary manner of selection as determined by the Supervisor. Notice of such call for redemption shall be given by mailing such notice to the registered owners not less than thirty (30) days prior to such date and as otherwise provided in Securities and Exchange Commission Release No. 34-23856, as the same may be amended from time to time. Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date. The refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non -certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the bonds in accordance with the Book -Entry -Only system of DTC. In the event that either DTC shall discontinue the Book -Entry -Only system or the Town shall terminate its participation in such Book -Entry - Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case non -certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while the bonds are 5s 02/01/99.RGM registered in the name of Cede & Co. in accordance with such Book -Entry - Only System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent. In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the Town maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or first business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the Supervisor providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of bank or trust company or banks or trust companies located or authorized to do business in the state of New York, as shall hereafter be designated by the Supervisor as fiscal agent of the Town for the Refunding Bonds (collectively the "Fiscal Agent"). Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. The Supervisor, as chief fiscal officer of the Town, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said Town, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the Town, regardless of whether the Refunding Bonds are initially issued in certificated on non -certificated form. The Supervisor is hereby further delegated all powers of this Town with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. 1..• The Refunding Bonds shall be executed in the name of the town by the manual of facsimile signature of the Supervisor and the Town Clerk, and a facsimile of its corporate seal shall be imprinted thereon. In the event off facsimile signature, the Refunding Bonds shall be authenticated by the 11 02/01/99.RGM manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law and 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. It is hereby determined that it is to the financial advantage of the town not to impose and collect from registered owners of the Refunding 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. Section 3. It is hereby determined that: (a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law; (b) the maximum periods of probable usefulness permitted by law at the time of the issuance of the 1991 Refunded Bonds and the 1994 Refunded Bonds for each of the objects or purposes for which such respective Refunded Bonds were issued is an shown upon Exhibits A-1 and A-2, respectively; (c) the last installment of the Refunding Bonds will mature not later than the expiration of the period of probable usefulness of each of the objects or purposes for which said Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law; (d) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, with regard to each of the 1991 Refunded Bonds and the 1994 Refunded Bonds, is as shown in the Refunding Financial Plan described in Section 4 hereof. Section 4. The financial plan for the aggregate of the refundings authorized by this resolution (collectively, the "Refunding Financial Plan"), showing the sources and amounts of all moneys required to accomplish such refundings, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total 12 02/01/99.RGM debt service savings, are set forth in Exhibit B attached hereto and made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in Town Series to refund all of the Refunded Bonds, in the aggregate principal amount of $4,105,000, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth on said Exhibit B. This Town Board recognizes that the Refunding Bonds may be issued in series, and for only one or more of the Refunded Bonds, or portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the Town will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit B. The Supervisor is hereby authorized and directed to determine which of the Refunded Bonds will be refunded and at what time (each such series of Refunded Bonds, or portion thereof to be refunded, being hereinafter referred to as a "Respective Series of Refunded Bonds"), the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph a of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the Supervisor; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law. The Supervisor shall file a copy of his certificates determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Town Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. Section 5. The Supervisor is hereby authorized and directed to enter into an escrow contract or contracts (collectively the "Escrow Contract") with a bank or trust company, or with banks or trust company, or with banks or trust companies, located and authorized to do business in this State as he shall designate (collectively the "Escrow Holder") for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the 13 02/01/99.RGM escrow holder to perform the services described in Section 90.10 of the Local Finance Law. Section 6. 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 the Refunding 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. Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the Supervisor to be expended to pay interest on the Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Town irrespective of whether such parties have notice thereof. Section 8. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the Town shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States treasury Department thereunder. Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, in the event such bonds are refunded, the Town hereby elects to call in and redeem (1) on August 15, 2001. All callable 1991 Refunded Bonds maturing on and after August 15, 2002 (ii) on October 1, 2004, all callable 1994 Refunded Bonds 14 / 1/99.R M maturing on and after October 1, 2005, or on the next earliest permitted call date with regard to each of said Refunded Bonds. The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium, as provided in the 1991 Refunded Bond Resolution and the 1994 Refunded Bond Certificate, and the accrued interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the town in the manner and within the times provided in the 1991 Refunded Bond Resolution and the 1994 Refunded Bond Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. Section 10. The Refunding Bonds shall be sold at private sale to Roosevelt & Cross, Inc., in New York, New York. (the "Underwriter") for purchase prices to be determined by the Supervisor, plus accrued interest from the date or dates of the Refunding Bonds to the Date or dates of the Delivery of and payment for the Refunding Bonds. Subject to the approval of the terms and conditions of each such private sales by the State Comptroller as required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, the Supervisor, in the event such refunding bonds are sold at private sale is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the town providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter. After the Refunding Bonds have been duly executed, they shall be delivered by the Supervisor to the Underwriter in accordance with said purchase contract upon the receipt by the Town of said purchase price, including accrued interest. Section 11. The Supervisor and all other officers, employees and agents of the Town are hereby authorized and directed for and on behalf of the Town to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. 15 02/01/99.RGM Section 12. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the Supervisor and all powers in connection thereof are hereby delegated to the Supervisor. if.. Section 13. The validity of the Refunding Bonds may be contested only 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 14. A summary of this resolution, which takes effect immediately, shall be published in full in the official newspapers of said Town together with a notice of the Town Clerk in substantial the form provided in Section 81.00 of the Local Finance Law. The foregoing resolution was duly put to a vote which resulted as follows: Constance Smith, Supervisor Aye Robert Valdati Councilman Aye Vincent Bettina, Councilman Aye Joseph Ruggiero, Councilman Aye Joseph Paoloni, Councilman Aye The resolution was thereupon declared duly adopted. At this time Supervisor Smith introduced John Harney who gave a short presentation to bring the town up to compliance. Supervisor Smith suggested that this be put on a future workshop for further discussion. BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of December on the schedule of Bonds and letters of Credit on the various Subdivisions, the amounts, expiration dates, and call up dates. COUNCILMAN BETTINA moved to accept Mr. Close's report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried 1 RESOLUTIONS A request from Supervisor Smith for the following Budgetary Transfers in order to balance the books. 16 02/01/99.RGM Transfer $16,594.21 from 1990AB Contingent Account, to 1420.413 Attorney Contractual; Transfer $3,009.08 from 1990.413 Contingent Account to 1440.413, Engineer; Transfer $246.36 from 1990.4B, Contingent Account to 3410.413 Fire Prevention/Contract; Transfer $1,000.00 from 1990.413 Contingent Account to 1420.41.B Codification; Transfer $559.42 from 1320.4A Indep Auditing to 1315.4 Comptroller/C.E.; Transfer $640.40 from 1990.4A Contingent Account to 1380.4A Coupon Fees; Transfer $4460.48 from 1990.4A Contingent Account to 1420.4A Attorney; Transfer $4,054.47 from 1990.4A Contingent Account to 1620.41A Telephone; Transfer $1,966.09 from 1620.44A Fuel for Town vehicles to 1620.43A Repair Town Autos; Transfer $44.89 from 1620.1A Building/P.S. to 3510.1A Dog Warden/P.S. to bring budget into line; Transfer $7,189.35 from 5110ADB General Repairs/C.E. to 5130.2DB Machiner/Equipment; Transfer $869.74 from 5110.1DB General Repairs/P.S. to 5140.1DB Misc/Brush. COUNCILMAN RUGGIERO moved to authorize the above budget amendments as requested by Supervisor Smith in order to bring the budget into line. Seconded by Mr. Paoloni Motion Unanimously Carried The term of Howard Prager as a member of the Zoning Board of Appeals expires on February 1, 1999. Mr. Prager has shown interest in being re- appointed for another five year term. The Zoning Board of Appeals has also unanimously recommended that Mr. Prager be re -appointed. Councilman Bettina said let the record show, Supervisor did advertise for the position. The following Resolution was offered by COUNCILMAN BETTINA who moved it adoption RESOLVED, that Howard Prager be and he hereby is appointed to fill the vacancy of the Zoning Board of Appeals of the Town of Wappinger which has occurred by reason of expiration of his term of office, and IT IS FURTHER RESOLVED, that the said Howard Prager is hereby appointed to the said Zoning Board of Appeals for a term which shall expire on the Pt day of February 2004. Seconded by Mr. Ruggiero Motion Unanimously Carried The next item for the boards consideration is to accept the Dial -a -Ride Contract for 1999 and authorize the Supervisor to sign. COUNCILMAN VALDATI moved to accept the Dial -a -Ride Contract for 1999 and authorize the Supervisor to sign. Seconded by Mr. Bettina Motion Unanimously Carried IVA 6, -) 02/01/99.RGM UNFINISHED BUSINESS A Survey Map was received from Jay Paggi, Engineer to the Town, for Chelsea right-of-way for the Hammond property. COUNCILMAN BETTINA moved to table at this time. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN RUGGIERO received a call several months ago from a constituent, and with the help of Mr. Roberts, Attorney to the Town, thought was solution to his problem. He is referring to Mr. Murray's driveway on Hamlet Court. At the time Mr. Murray had contacted Mr. Ruggiero, because he wished to know the procedure for increasing the size of his driveway. He proceeded to perform the work without permits, and received numerous calls and complaints from his neighbors. He has also been served an OTR from Mr. Close to correct the situation. When Mr. Ruggiero asked Mr. Close why an OTR was served, Mr. Close replied that Mr. Foster had believed a sketch to accompany Mr. Murray's request for a permit was necessary. There seems to be a lot of confusion between the departments. Mr. Roberts explained that generally speaking, cosmetics and landscaping are out of the purview of the town. Mr. Foster does have authority to control the access point to the town highway, and if that is being relocated, that would have to be first approved by Mr. Foster, which he thought was going to be accomplished. Discussion followed. COUNCILMAN RUGGIERO moved to authorize Mr. Roberts, Attorney to the Town, to work with Mr. Foster and Mr. Close to resolve. Seconded by Mr. Paoloni Roll Call Vote Vote Constance Smith, Supervisor Aye Robert Valdati, Councilman Nay Vincent Bettina, Councilman Aye Joseph Ruggiero, Councilman Aye Joseph Paoloni, Councilman Aye Motion Carried NEW BUSINESS Highway Superintendent, Graham Foster, informed the board several plows broke down during the last ice storm. All have been repaired, but one. The one that goes on truck #7. It cannot be repaired. He received several quotes. The lowest being Dutchess Diesel, for $4,900. He needs some direction from the board. In the event that a new highway truck is purchased in the future, this plow will also fit the new truck. 02/01/99.RGM COUNCILMAN VALDATI moved to authorize $4,900 for the purchase of a new plow for the highway truck, and the funds to come out of Capital Fund. Seconded by Mr. Bettina Motion Unanimously Carried 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 8:55 p.m. awu- \v� Elaine H. Snowden Town Clerk 19