1995-02-06 SPM950206.SPM q(
A Special Town Board Meeting was held on February 6, 1995 at the
Town Hall, 20 Middlebush, Wappingers Falls, New York.
Supervisor Smith called the Meeting to order at 7:00 P.M.
Present:
Connie Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
The purpose of the meeting was to vote on a Resolution for the
issuance of additional Serial Bonds to pay the cost of the
Emergency Services Building.
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption.
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $390,000
SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW
YORK, TO PAY PART OF THE COST OF THE CONSTRUCTION OF AN
EMERGENCY SERVICES BUILDING ON A PARCEL OF TOWN -OWNED LAND ON
MIDDLEBUSH ROAD, IN WAPPINGERS FALLS, NEW YORK, INCLUDING
ORIGINAL FURNISHINGS, EQUIPMENT, MACHINERY, APPARATUS,
APPURTENANCES AND INCIDENTAL IMPROVEMENTS AND EXPENSES IN
CONNECTION THEREWITH IN AND FOR SAID TOWN.
WHEREAS, the capital project hereinafter described has been
determined to be a Type I Action pursuant to Local Law No. 6 of
1992 of the Town of Wappinger and 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, the Town Board has
determined will not result in any significant environmental
effects; and
WHEREAS, by bond resolution dated July 26, 1993, the Town
i Board of the Town of Wappinger, Dutchess County, New York,
authorized the issuance of $1,500,000 serial bond of said Town
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950206.SPM
to pay the cost of the construction of an Emergency Services
Building on a parcel of Town -owned land on Middlebush Road, in
Wappingers Falls, New York, including original furnishings,
equipment, machinery, apparatus, appurtenances and incidental
improvements and expenses in connection therewith, at a maximum
estimated cost of $1,500,000, in and for the Town of Wappinger,
Dutchess County, New York:
WHEREAS, it has now been determined that the maximum
estimated cost of such construction of an Emergency Services
Building is $1,890,000, an increase of $390,000 over that
previously authorized; and
WHEREAS, it is now desired to authorize the issuance of an
additional $390,000 serial bonds of said Town for such purpose;
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
additional costs of the construction of an Emergency Services
Building on a parcel of Town -owned land on Middlebush Road, in
Wappingers Falls, New York, including original furnishings,
equipment, machinery, apparatus, appurtenances and incidental
improvements and expenses in connection therewith, there are
hereby authorized to be issued an additional $390,000 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 maximum
estimated cost of such specific object or purpose is now
determined to be $1,890,000, and that plan for the financing
thereof is as follows:
a. By the issuance of the $1,500,000 serial bonds of said
Town authorized to be issued pursuant to bond resolution j
dated July 26, 1993; and
b. By the issuance of the additional $390,000 serial bonds
of said Town authorized to be issued pursuant to this
bond resolution.
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950206.SPM
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is thirty years, pursuant to subdivision 11 (a) of paragraph a
of Section 11.00 of the Local Finance Law, calculated from
October 1, 1994, the date of issuance of the first obligation
for said specific object or purpose. 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. 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 obligations 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 obligations becoming due and
payable in such year. There shall annually be levied on all
taxable real property in said Town a tax sufficient to pay the
principal of and interest on such obligations as the same become
due and payable.
Section 6. 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 the
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 the Town Clerk.
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Section 7. 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
she shall deem best for the interests of the Town; 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 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 8. All other matters, except as provided herein
relating to such bonds, including determining whether to issue
such bonds having substantially level or declining 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 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 and 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
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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 9. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Sections
%W 1.150-2. Other than as specified in this resolution, nor monies
are, or are responsibly 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 10. 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 11. Upon this resolution taking effect, the same
shall be published in full in Southern Dutchess News, 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.
Section 12. This resolution is adopted subject to
permissive referendum in accordance with Section 35.00 of the
Local Finance Law.
Seconded by Mr. Valdati
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950206.SPM
Roll Call Vote Vote
Supervisor Smith Aye
Councilman Ruggiero Aye
Councilman Valdati Aye
Councilman Incoronato Nay
Councilwoman Valdati Aye
Resolution was thereupon declared duly adopted.
There was no other Business to come before the Board.
SUPERVISOR SMITH moved to close the Special Meeting, seconded by
Mrs. Visconti and unanimously carried.
The Special Meeting closed 7:05 P.M
Elaine H. Snowden
Town Clerk
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n
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950206.PH
A Public Hearing was held by the Town Board of the Town of
Wappinger on February 6, 1995 at the Town Hall, 20 Middlebush
Road, Wappingers Falls, New York, on the issuance of additional
serial bonding for the Emergency Services Building
Supervisor Smith opened the Meeting at 6:45 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Albert Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
The Town Clerk offered for the record the Affidavit of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the minutes of this
Meeting.
Supervisor Smith asked if there were any questions or comments.
COUNCILMAN INCORONATO had some concerns with the Contract. He
questioned Mrs. Smith regarding the lease arrangements with the
principals. Do we have a new lease arrangement with them?
Mrs. Smith informed him that we do not have one at this
time, but are working on one and will have one shortly.
COUNCILMAN RUGGIERO questioned Mrs. Smith regarding rent, can
the parties back out of agreement because the bond will exceed
$1.5 million? Mrs. Smith said that Sloper has already assured
us that there would be no problem. As far as the State Police,
Mr. Saland's office has assured us that there would be no
problems.
Donald Swartz, Architect for the Emergency Services Building,
informed the Board that there will be a final adjustment once
the project is complete.
Mr. Swartz, also stated, if a contingency contract was not
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950206.PH
in place when it is needed, if we go over $5 dollars, the
Town would not have the power to go beyond the original $1.5
million.
At this time the Hank DiMarco was recognized by the Chair. Mr.
DiMarco commented that we are exercising good judgment and he
is in favor of this project.
COUNCILWOMAN VISCONTI move to close the Public Hearing, seconded
by Mr. Ruggiero and unanimously carried.
The Public Hearing closed at 7:00 P.M
Plaine H. Snowden
Town Clerk
Page 2
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
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SYORDER OFTHE TOWN BOARD
OF THE TOWN OF WAPPINGER
OUTCHESS COUNTY, NEW YORK
BY: Ekins H, Snowden
Town Clark
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
.............:?.4a? ..0iIIgr..................... of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the .J3QQX%Pmper..........
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for .O21e....weeks
successively in each week, commencing on the
,_.,25thday of ... Jaa
nury 199.5.. and on the
following dates thereafter, namely on
and ending on the ... 25th... day of .J.�L.t? r......
19.95 both days inclusive.
V r,
Subscribed and sworn to before me
this ....25th, day of ...Jan , ry _ 1,9 -9-5
............. X.
Notary Public
My commission expires .................................
�n� r' irl. ta�r,m• , :. r
"-,rilr3;UiJ'EXF'iFF31MAfiCH 31, )a—&
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
as
NOTICE OF PUBLIC HEARING ON THE
ISSUANCE OF ADDITIONAL SERIAL BONDS
TO PAY ADDITIONAL COSTS OF THE
CONSTRUCTION OF THE EMERGENCY SERVICES BLDG.
----------------------------------
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting Town
Clerk of the Town of Wappinger, County of Dutchess and State
of New York.
That on January 25, 1995, your deponent posted a copy of
the attached notice of Public Hearing on the Issuance of
additional
Serial
Bonds
by the Town
of Wappinger to pay
additional
costs
of the
construction
of the Emergency Services
M
Building on a parcel of Town owned land on Middlebush Road,
Wappingers Falls, New York on the signboard maintained by your
deponent in her office in the Town Hall of the Town of
Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess
County, New York.
Sworn to before me this
day of Tz"(�IZ.ccutic/ 1994.
NOTARY PUBLIC
njILo
Elaine H. Snowden
Town Clerk
Town of Wappinger