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2006-07-08 SPMTown of Wappinger Town Board Meeting July 8, 2006 9:00 AM Agenda 9:00 AM Meeting called to order on July 8, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Resolutions 2006-172. A Resolution Authorizing, Subject to Permissive Referendum, the Issuance of $240,000 Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Purchase of Equipment for Construction and Maintenance Purposes In and for Said Town. 2006-174. A Resolution Authorizing the Reconstruction of Roads Throughout and In and for the Town of Wappinger, Dutchess County, New York, At a Maximum Estimated Cost of $402,000 and Authorizing, Subject to Permissive Referendum, the Issuance of $402,000 Bonds of Said Town to Pay the Cost Thereof. 2006-177. Resolution Re- Authorizing a Portion of the Emergency Services Building to be Leased to TC Hudson Valley, Inc. D/B/A TransCare subject to Permissive Referendum III. Adjournment WAIVER OF 48 HOUR NOTIFICATION REQUIREMENT FOR TOWN BOARD MEETING The undersigned, the Town Supervisor and the duly elected and constituted members of the Town Board hereby Waive their right pursuant to Town Law §62 subdv. 2 to receive 48 hours advanced notice in writing of the Town Board Meeting called for on July 8, 2006. The undersigned acknowledge that the purpose of the meeting was set forth on the attached agenda and further acknowledge the urgency and necessity of calling the meeting on less than 48 hours notice. TOWN OF WAPPINGER F:, 4q moi n VINCENT F. BETT N, P. PAOLONI, COUNCILMAN r&�a 1�teo"e /Y 'Irk MAUREEN McCARTHY, COUNCILWOM CADocuments and Settings\Chris Masterson\Local Settings\Temporary Internet Files\OLKF\Waiver of 48 Hour Notice.doc Town of Wappinger Special Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 Chris Masterson (845) 297-5771 Saturday, July 8th, 2006 9:00 AM Town Hall I. Call to Order Supervisor Ruggiero called the meeting to order at 9:10 AM. AtteudeeNam .._ .' _ i._r..... hkiatian''_ _tt�ei Status„ i Arrived Joseph R> 'Aero Town of Wappinger Sum Present Robert Valdati Town—of Wappinger _ _ ._ _ Councilman Present Vincent Bettina Town of Wappinger Councilman I Absent Maureen McCarthy Town of Wappinger Councilwoman ' Present Joseph Paoloni Town of Wappinger Councilman Present II. Resolutions Motion to untable resolution 2006-172 ✓ Vote Reeord - Motion to'untabl� reeoiut�o>` :172 . Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter ® ❑ 0 Adopted Robert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated Bettina ; Voter ❑ 11 0 ❑ Withdrawn Mau McCarthy Maureen Initiator 0 t ❑ ❑ ❑ Joseph Paoloni Seconder 0 j ❑ ❑ ❑ RESOLUTION: 2006-172 A Resolution Authorizing, Subject to Permissive Referendum, the Issuance of $240,000 Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Purchase of Equipment for Construction and Maintenance Purposes in and for Said Town. BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of 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 purchase of equipment for construction and maintenance purposes in and for the Town of Wappinger, Dutchess County, New York, each item of which exceeds $30,000, including incidental equipment and expenses in connection therewith, there are hereby authorized, subject to permissive referendum, to be issued $240,000 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 the aforesaid maximum estimated cost is by the issuance of the $240,000 of bonds of the Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the 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 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 for the payment of the principal of and interest on such 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. There shall annually be levied on all the taxable real property of, said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, Town of Wappinger Page 1 Printed 7/18/2006 Special Meeting Minutes July 8, 2006 including determining whether to issue such bonds having substantially level or declining annual 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 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 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. Such bonds shall contain substantially 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 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. 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 8. 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 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Itecord - Resolution 2006-172 2006-174, Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ 11 b'" ❑ Adopted as Amended Robert Valdati Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 08t , 2006 The Resolution is hereby duly declared adopted. 2. Motion to untable resolution 2006-174 Vote Record - Motion to untable resolution 2006-174, Yes/Aye No/Nay T Abstain Absent Joseph Ruggiero Voter 0 ❑ ❑ ❑ 0 Adopted Robert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ RESOLUTION: 2006-174 A Resolution Authorizing the Reconstruction of Roads throughout and in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $402,000 and Authorizing, Subject to Permissive Referendum, the Issuance of $402,000 Bonds of Said Town to Pay the Cost Thereof. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two- thirds of the total voting strength of the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The construction of roads throughout and in and for the Town of Wappinger, Dutchess County, New York, including drainage, sidewalks, curbs, gutters, Town of Wappinger Page 2 Printed 7/18/2006 'u Special Meeting Minutes July 8, 2006 landscaping, grading or improving rights-of-way, as well as and other incidental improvements and expenses in connection therewith, is hereby authorized, at a maximum estimated cost of $402,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $402,000 bonds of said Town, hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law; PROVIDED, HOWEVER, that to the extent that any Federal or State grants-in-aid are received for such class of objects or purposes, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such 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. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. 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 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 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially 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 consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if - 1) f1) 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 8. 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 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: *'Vote Record '• Resolution 266&174 No./Nay Abstain Absent 0 AdoptedYes/Aye Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder 0 ❑ ❑ ❑ d 0 Defeated Vincent Bettina Voter 13; ❑ ❑ 0 Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni . Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 08 , 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 3 Printed 7/18/2006 Special Meeting Minutes July 8, 2006 RESOLUTION: 2006-177 Resolution Re -Authorizing a Portion of the Emergency Services Building to be Leased to TC Hudson Valley, Inc. DB/A TransCare subject to Permissive Referendum WHEREAS, the Town Board has previously entered into an Ambulance Service Agreement with TC Hudson Valley, Inc. d/b/a TransCare (hereinafter "TransCare"); and WHEREAS, the Agreement between the Town and TransCare was for the purposes of providing general ambulance services for all sick or injured persons found in the boundaries of Wappinger's Ambulance District; and WHEREAS, the Agreement between the Town and TransCare was effective from January 25th, 2005 and terminating December 31, 2009, subject to terminations or renewals as provided in said Agreement; and WHEREAS, the Town has previously leased a portion of the Emergency Services Building to Sloper-Willen Community Ambulance Service, Inc. and Alamo Ambulance Service, Inc. both of which corporations previously provided general ambulance services to the Town; and WHEREAS, the Emergency Services Building was originally designed and constructed so that a portion of said building would be utilized by Sloper-Willen Community Ambulance Service, Inc. for general ambulance services; and WHEREAS, TransCare will occupy the portion of the Emergency Services Building previously occupied by Sloper-Willen; and WHEREAS, it is the intention that this Lease Agreement will be co -terminus with the Ambulance Service Agreement between the Town and TransCare and will provide for a monthly rent of $7,000.00 per month commencing September 1, 2006, payable on the 1St day of each month during the term of the Lease, subject to renewals upon agreed upon rent; and WHEREAS, by Resolution No. 2006-157 adopted on the 12th day of June, 2006, the Town Board adopted a Resolution authorizing the Town Supervisor to enter into a Lease Agreement with TransCare, subject to a permissive referendum; and WHEREAS, subsequent to the adoption of the Resolution, TransCare requested certain changes to the Lease Agreement which limited the total rent payments to $84,000.00 per year payable in monthly increments of $7,000.00 per month, as well as certain provisions relating to the Lease payments in the event of renewal of the Lease; and WHEREAS, it is the purpose of this Resolution to re -authorize the Lease Agreement subject to the proposed changes which are incorporated in the Lease Agreement attached hereto as Exhibit "A" NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby agrees to Lease the portion of the Emergency Services Building formerly occupied by Sloper-Willen to TransCare at the rate of $7,000.00 per month effective September 1St, 2006, and continuing through December 31St, 2009, unless the Ambulance Service Agreement is terminated or renewed for five (5) year periods as set forth in paragraph 16 of the Ambulance Service Agreement between the Town and TransCare. In the event the Ambulance Service Agreement is terminated or renewed for a successive five (5) year period, then the term of the Lease Agreement will be terminated and/or extended to be co -terminus with the Ambulance Service Agreement. 3. Supervisor Joseph Ruggiero is hereby authorized to execute the Lease Agreement on behalf of the Town in substantially in the same form as attached hereto as Exhibit "A". 4. This resolution is subject to permissive referendum. The foregoing was put to a vote which resulted as follows: ✓ Vote -Record - Resolution 2006-177' Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 08th, 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 4 Printed 7/18/2006 D Special Meeting Minutes July 8, 2006 III. New Business 3. Motion to create the position of a part time code enforcement officer ✓ VbtORecord'- Motton to create the os tion'O o ` `art.tttae: code eu[arcement aftie+er. Yes/Aye No/Nay Abstain Absent I Absent Joseph Ruggiero Voter 0 ❑ ❑ ❑ 0 Adopted Robert Valdati ;Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Voter ❑ ❑ ❑ 0 Withdrawn Maureen McCarthy S1.econder 0 ; ❑ ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ IV. Adjournment 4. Motion to adjourn at 9:39 AM ✓ Vote Record - Mottos to ad darn at 9:39 AM. Yes/Aye No/Nay Abstain I Absent Joseph Ruggiero Voter 0 ❑ 11 0 Adopted Robert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni [ Seconder 0 j ❑ ❑ ❑ The Meeting Adjourned at 9:39 AM. John C. Masterson Town Clerk Town ojWappinger Page 5 Printed 7/18/2006