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1994-06-13 SPM940613.SPM A Special Town Board Meeting was held on June 13, 1994 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the Meeting to order at 7:00 P.M. Present: Constance 0. Smith, Supervisor Joseph Ruggiero, Councilman `. Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: Robert Valdati, Councilman The meeting was called for the purpose of addressing three items; A Resolution authorizing the Supervisor to execute a project financing and loan agreement in connection with the proposed issuance of notes to be issued to the State of New York State EFC; To vote on awarding of the Bid for the Myers Corners Road Storm Sewer Replacement; and consider Change Orders on WST/TIA Phase I Contract I. At this time Jay Paggi, Engineer to the Town and Al Roberts Attorney to the Town arrived. The following Resolution was offered by COUNCILWOMAN VISCONTI, who moved its adoption. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has heretofore, pursuant to a bond resolution dated May 29, 1991, duly authorized the issuance of $17,020,000 serial bonds of said Town to pay the cost of certain sewer improvements in and for the Wappinger Sewer Transmission/Treatment Improvement Area in said Town; and WHEREAS, a proposal has been submitted to said Town by the New York State Department of Environmental Conservation ("DEC") and the New York State Environmental Facilities Corporation ("EFC") to loan to said Town the sum of a $17,020,000 or a portion thereof, in exchange for a $17,020,000 EFC Sewage Treatment Facility Note, or a portion thereof, to finance said Page 1 940613.SPM sewer improvements or a portion thereof; and WHEREAS, it is not desired to authorize the Supervisor of the Town of Wappinger to analyze said loan proposal and, if, based upon said analysis, she believes that it is in the best interest of the Town of Wappinger to so issue such serial bonds, to execute a project financing and loan agreement, and any other agreements on behalf of said Town with DEC and/or any other EFC, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the intent of the aforesaid project financing and loan agreement and in order to, in any other way, facilitate such loan; NOW THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The Supervisor of the Town of Wappinger, Dutchess County, New York, is hereby authorized to execute a project financing and loan agreement, and any other agreements with DEC and/or EFC, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the intent of this resolution; that being to authorize the financing of all or a portion of the sewer improvements described on the preambles hereof or the refinancing of any bond anticipation notes, or a portion thereof, issued for the financing of all or a portion of the sewer improvements described in the preambles hereof, by a loan in the form of a note issue of said Town, said notes to be issued pursuant to Section 169.00 of the Local Finance Law, and to be sold to EFC, in the amount not to exceed $17,020,000. Section 2. Such notes shall be of such terms, form and contents, as may be prescribed by said Supervisor, consistent with the provisions of Section 169.00 of the Local Finance Law. Section 3. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, Page 2 940613.SPM instruments or to do any similar acts necessary to effect the issuance of the notes without resorting to further action of this Town Board. Section 4. i immediately. This resolution shall take effect Seconded by Mr. Incoronato ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Absent Councilwoman Visconti Aye Councilman Incoronato Aye The Resolution is hereby duly declared adopted. The next item for the Boards consideration was for the purpose of awarding the bid for the Myers Corners Road Storm Sewer Replacement. There were ten (10) Bids received, the lowest from D.E.W. Construction Corporation at $13,500. COUNCILWOMAN VISCONTI, moved to award the Bid for the Myers Corners Road Storm Sewer Replacement, to D.E.W. Construction Corporation, they being the lowest bidder, and authorize the Supervisor to sign the contract. Seconded by Mr. Incoronato Motion Unanimously Carried The last item placed before the Board was for the approval of Change Orders 6, 7, and 8 on WST/TIA Phase I contract I. Mr. Paggi explained that there were 3 small items of work to be done in order to close out the contract, Change Order 6 in the amount of $776.25 to repair a component of the manhole; Change Order 7 in the amount of $997.19 to re-lay out a manhole at the southside of Alpine driveway because it conflicted with an existing storm drain; Change Order 8 in the amount of $1,575.00 for work requested by the owner of the property, Mr. Sammartino, to reconstruct a spillway to pre-contruction condition. The total amount being $3,348.14. Page 3 ' 940613.SPM COUNCILWOMAN VISCONTI moved, upon the recommendation of Mr. Paggi, Engineer to the Town, for approval to change orders 6, 7, and 8 on the WST/TIA Phase I contract I for a total amount of $3,348.14. Seconded by Mr. Ruggiero Motion Unanimously Carried i There was no other Business to come before the Board. COUNCILWOMAN VISCONTI moved to close the Special Meeting, seconded by Mr. Incoronato and unanimously carried. The Special Meeting Closed at 7:09 P.M. Elaine H. Snowden Town Clerk 9 Page 4