2022-117
2022-117
A Resolution Supplementing The Bond Resolution Dated June 14, 2021, To Authorize,
Subject To Permissive Referendum, The Issuance Of An Additional $1,750,000 Bonds Of
The Town Of Wappinger, Dutchess County, New York, To Pay A Portion Of The Cost Of
The Reconstruction Of And Construction Of Additions To Various Highway Department
Buildings And Facilities, In And For Said Town, At A Revised Maximum Estimated Cost
Of $3,000,000.
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 13,
2022.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2022-117
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Mover
Withdrawn
Al Casella Seconder
The following Resolution was introduced by Councilman Phillips and seconded by
Casella.
WHEREAS, the capital project hereinafter described, as proposed, has been determined
to be a Type II Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality Review
Act, which regulations state that Type II Actions will not have a significant adverse effect on the
environment; and
WHEREAS, by a bond resolution dated June 14, 2021, the Town Board of the Town of
Wappinger, Dutchess County, New York, authorized the issuance of $1,250,000 serial bonds of
said Town to pay the cost of the reconstruction of and construction of improvements and
additions to various Highway Department buildings and facilities, including site improvements,
original furnishings, equipment, machinery, apparatus, appurtenances, as well as other incidental
improvements and expenses in connection therewith, in and for said Town; and
WHEREAS, it has now been determined to authorize additional financing for said capital
project; NOW, THEREFORE,
BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County,
New York, as follows:
Section 1. The reconstruction of and construction of improvements and additions to
various Highway Department buildings and facilities, in and for the Town of Wappinger,
Dutchess County, New York, including site improvements, original furnishings, equipment,
machinery, apparatus, appurtenances, as well as other incidental improvements and expenses in
connection therewith, is hereby authorized, subject to permissive referendum, is hereby
authorized at a revised maximum estimated cost of $3,000,000.
Section 2. It is hereby determined that the plan for the financing of said class of
objects or purposes is as follows:
a) by the issuance of the $1,250,000 bonds of said Town authorized to be issued
pursuant to the aforesaid bond resolution dated and duly adopted on June 14,
2021; and
b) by the issuance of an additional $1,750,000 bonds of said Town hereby authorized
to be issued therefor, pursuant to the provisions of the Local Finance Law,
SUBJECT TO PERMISSIVE REFERENDUM.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is twenty-five years, pursuant to subdivision 12(a)(1) of
paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of
the first obligations therefor, pursuant to the bond resolution dated and duly adopted on June 14,
2021. 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 unless paid from other revenues. 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
of said Town, 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 bonds 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) 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 full or
summary form in the official newspaper(s) 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:
RESULT: ADOPTED AS AMENDED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
6/13/2022
The Resolution is hereby duly declared Adopted as
Amended.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK