1990-05-14 SPM104
A Special Meeting of the Town Board of the Town of Wappinger was
held on May 14, 1990, at the Town Hall, 20 Middlebush Road, Town of
Wappinger, Dutchess County, New York.
Supervisor Smith opened the Meeting at 6:45 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Absent:
June Visconti, Councilwoman (Arrived at 6:55 P.M.)
Others Present:
Albert Roberts, Attorney
Notice of this Meeting was sent to all Board Members on April 27th,
1990, calling said Meeting for May 14th, 1990 at 6:45 P.M. Notice
was also sent to the news media and posted on the Town Clerk's Bulletin
Board on May 1, 1990 The sole purpose of this Meeting was to consider
the adoption of a Negative Declaration and a Bonding Resolution with
respect to a proposed Drainage Project.
The Short Environmental Assessment Form, pursuant to the SEQR process,
was prepared by Joseph Paggi, Engineer to the Town.
MR. VALDATI moved to accept the E.A.F. for the Town of Wappinger -
Storm Sewer Projects, as prepared by the Engineer to the Town.
Seconded by: Mr. Fanuele
Roll Call Vote: 4 Ayes 0 Nays Mrs. Visconti ---Absent
Mrs. Visconti was present at the Meeting at 6:55 P.M.
The following Resolution was offered by COUNCILWOMAN VISCONTI who
moved its adoption:
WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr., P.E.
has identified certain areas within the Town which are in immediate
need for the installation of storm sewers, or for repairs and
remedial work to existing storm sewers, all as set forth in a
letter dated April 26, 1990 to the Town Board, copy of which is
affixed to this Resolution; and
WHEREAS, the total cost for said project is projected to be
$2,308,000.00, and
WHEREAS, the Town Board has determined it to be in the best
interests of the Town to undertake the work set forth in the
aforementioned letter dated April 26, 1990,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby determines that it is in the best
interests of the Town to undertake the storm sewer work identified
in a letter dated April 26, 1990, from Paggi and Martin, Joseph E.
105
Paggi, Jr., Engineers to the Town, a copy of which is affixed to this
Resolution, as Exhibit A.
2. The Town Board hereby determines that it is the only
involved agency in this action and hereby declares itself Lead Agency
pursuant to Article 8 ECL and the related Title 6 part 617 NYCRR.
3. The Town Board has caused to be completed part 1 and part 2
of a short form EAF for this project, in the form annexed hereto as
Exhibit B.
4. The Town Board has reviewed the intended action with respect
to the criteria set forth in part 617.11 NYCRR, and hereby determines
that the intended action will not create any significant adverse
impacts on the environment and hereby issues a NEGATIVE DETERMINATION
OF SIGNIFICANCE for this project.
5. The Town Supervisor is hereby authorized to execute part 3
of the short form EAF and further directs the Town Clerk to provide
for the filing and distribution of same as provided by law.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,192,600
SERIAL BONDS AND $115,400 CAPITAL NOTES OF THE TOWN OF
WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST
OF THE CONSTRUCTION OF DRAINAGE FACILITIES AT VARIOUS
LOCATIONS THROUGHOUT AND IN AND FOR SAID TOWN.
The following Resolution was offered by COUNCILWOMAN VISCONTI who
moved its adoption:
WHEREAS, the capital project hereinafter described has been
determined to be an "Unlisted Action" for purposes of the State
Environmental Quality Review Act concerning which a "Negative
Declaration: has been adopted and it has been determined that
such project will not result in any significant environmental
effects; and
WHEREAS, all other conditions precedent to the financing of
the capital project hereinafter described have been performed; and
WHEREAS, it is now desired to authorize the financing of such
capital project;
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
the cost of the construction of drainage facilities at various
locations throughout and in and for the Town of Wappinger, Dutchess
County, New York, for the purpose of protecting the property within
said Town from floods, freschets and high waters, including incidental
improvements and expenses in connection therewith and interest during
construction, there are hereby authorized to be issued $2,192,600
serial bonds and $115,400 capital notes of said Town, pursuant to the
provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated
such class of objects or purposes is $2,308,000, and the plan
financing thereof is as follows:
cost of
for the
M
a) By the issuance of the $2,192,600 serial bonds of the
Town of Wappinger, Dutchess County, New York, authorized
to be issued pursuant to this bond resolution. Further
details concerning said bonds will be prescribed in a
further resolution or resolutions of this Town Board; and
b) By the issuance of the $115,400 capital notes of said Town
authorized to be issued pursuant to this bond resolution.
Such capital notes shall be sold at private sale and all
further powers in connection with the details and the sale
thereof are hereby delegated to the Supervisor, the chief
fiscal officer, in accordance with the Local Finance Law.
Pursuant to Section 107.00 of the Local Finance Law, the
proceeds from the sale of such capital notes will be
provided prior to the issuance of the bonds herein
authorized or bond anticipation notes. Said capital notes
shall constitute the down payment required by Section 107.00
of the Local Finance Law.
Section 3. 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. 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,
County, New York, are hereby irrevocably pledged to the
of the principal of and interest on such obligations as
respectively become due and payable. An annual appropriation
made in each year sufficient to pay the principal of and
on such obligations becoming due and payable in such year.
Dutchess
payment
the same
shall be
interest
Section 6. The validity of such bonds, capital notes 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 7. Upon this resolution taking effect, the same
shall be published in full in the Southern Dutchess News, together
with a notice of the Town Clerk in substantially the form provided
in Section 81.00 of the Local Finance Law.
Section 8. This resolution is adopted subject to permissive
referendum in accordance with Section 35.00 of the Local Finance Law.
Seconded by: Councilman Incoronato,
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
107
As stated in the Notice of the Meeting, no other business was
addressed by the Town Board.
MRS. VISCONTI moved to close the Special Meeting, seconded by
Mr. Incoronato and unanimously carried.
The Special Meeting closed at 7:04 P.M.
aine H. Snowden
Town Clerk
Spl. Mtg. 5/14/90
T