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2008-2032008-203 A Resolution Amending the Bond Resolution Dated January 27, 2007, Authorizing the Reconstruction of Buildings at Carnwath Farms, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $4,000,000 and Authorizing the Issuance of $4,000,000 Serial Bonds of Said Town to Pay the Cost Thereof. At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 23rd, 2008. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina (departed at 9:55 PM) Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Supervisor Colsey. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act (as a Type II Action), have been performed; and WHEREAS, by a Bond Resolution dated January 27, 2007, the Town Board of the Town of Wappinger, Dutchess County, New York, authorized the issuance of $4,000,000 serial bonds of said Town to pay the cost of the reconstruction of buildings at Camwath Farms, in and for said Town, including original furnishings, equipment, machinery, apparatus, appurtenances, and other incidental improvements, expenses and emergency work in connection therewith, and determined that the period of probable usefulness thereof was to be limited to five years; and WHEREAS, it has now been determined that it is in the financial interest of said Town to amortize such serial bonds over a period in excess of five years, the period of probable usefulness of said class of objects or purposes being fifteen years in accordance with the applicable provisions of the Local Finance Law; and WHEREAS, it is now desired to amend such bond resolution dated January 27, 2007 accordingly NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Section 3 of bond resolution dated January 27, 2007, more fully described in the preambles hereof, is hereby amended to read as follows: "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 12(a)(2) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby determined that the maximum maturity of the serial bonds herein authorized will exceed five years." Section 2. 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 3. Upon this resolution taking effect, the bond resolution of January 27, 2007, as herein amended, or a summary thereof, shall be published in full 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 4. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: NAY Dated: Wappingers Falls, New York 6/23/2008 The Resolution is hereby duly declared adopted. C 11r1 HN C. M STERSON, TOWN CLERK