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2005-09-14 SPMTOWN OF WAPPINGER SUPERVISOR JOSEPH RUGGIERO Call to Order Roll Call, Salute to Flag Resolutions SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-2744 FAX: (845) 297-4558 Wednesday, September 14, 2005 7:30 pm Wappinger Town Hall AGENDA 2005- 126 Resolution Authorizing the Issuance of $200,000 Serial Bonds for the Purchase and Installation of Underground Liquid Fuel Tanks. 2005-129 Resolution Endorsing Dutchess County Classic Adjournment Discussion: Master Plan Workshop TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH R PAOLONI ROBERT L. VALDATI 09/14I2005.SPM A Special Town Board Meeting of the Town of Wappinger was held on September 14, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:50 p.m Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman John C. Masterson, Town Clerk Others Present: Dave Stolman, Town Planner Absent: Vincent Bettina, Councilman RESOLUTION 2005-126 RESOLUTION AUTHORIZING THE ISSUANCE OF $200,000 SERIAL BONDS FOR THE PURCHASE & INSTALLATION OF UNDERGROUND LIQUID FUEL TANKS The following Resolution was offered by Councilwoman McCarthy and seconded by Councilman Valdati. 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, 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 purchase and installation of underground liquid fuel tanks, including the incidental removal of existing tanks, in and for the Town of Wappinger, Dutchess County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $200,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is $200,000, and the plan for the financing thereof is by the issuance of the $200,000 serial bonds of said 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 ten years, pursuant to subdivision 90 of paragraph a of Section 11.00 of the Local Finance Law, as the aforesaid class consists of components that have period of probable usefulness of at 1 09/14/2005.SPM least ten years under subdivision 88 of said paragraph. 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, 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. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess, County, New York, by manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, 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 X 09/14/2005.SPM 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. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. 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 9. The validity of such bonds and bond anticipation notes 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 obligation are authorized in violation of the provisions of the Constitution. Section 10. 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 long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. Upon this resolution taking effect, the same shall be published in full in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.000 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: 3 Joseph Ruggiero, Supervisor Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Robert Valdati, Councilman Joseph Paoloni, Councilman 09/14/2005.SPM Voting Aye Voting Absent Voting Aye Voting Aye Voting Aye The resolution was thereupon declared duly adopted. RESOLUTION NO. 2005-128 RESOLUTION ENDORSING DUTCHESS COUNTY CLASSIC The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Mid -Hudson Road Runners Club, whose address is at P.O. Box 965, Wappingers Falls, New York 12590, will be sponsoring the 27th Annual Dutchess County Classic to be held on Sunday, September 18, 2005; and WHEREAS, The Mid -Hudson Road Runners Club requests the use of Robinson Lane Park on Saturday, September 17, 2005 for the set-up of tents, tables, Port -a -Johns as, etc. and on Sunday, September 18, 2005 as the start and finish of all races in connection with the Dutchess County Classic; and WHEREAS, The Mid -Hudson Road Runners Club further requests the use of Robinson Lane on Sunday, September 18, 2005 for the running of three (3) races, a Marathon, a Half -Marathon and a 5k race, which commence at 9:00 a.m. and will proceed through the Town of Wappinger, Town of LaGrange and the Town of East Fishkill and finish at Robinson Lane Park. NOW, THERFORE, BE IT RESOLVED, AS FOLLOWS: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 1. The Town Board endorses Mid -Hudson Road Runners Club's sponsorship of the 27th Annual Dutchess County Classic Race on Sunday, September 18, 2005. 2. The Town Board hereby authorizes the Mid -Hudson Road Runners Club to use Robinson Lane Park on Saturday, September 17, 2005 for the set-up of tents, tables, Port -a -Johns, etc. and on Sunday, September 18, 2005 as the start and finish line of all races in connection with the Dutchess County Classic. 3. The Town Board hereby further authorizes the Mid -Hudson Road Runners Club to use Robinson Lane on Sunday, September 18, 20005 for the running of three (3) races, a Marathon, a Half -Marathon and a 5k race, which commence at 9:00 a.m. and will proceed through the Town of Wappinger, Town of LaGrange and the Town of East Fishkill and finish at Robinson Lane Park, in accordance with the letter dated September 1, 2005 from Paul Cassitto, Director of the Dutchess County Classic and member of the Mid -Hudson Road Runners Club, to Supervisor Joseph Ruggiero, and the application submitted to the Town of Wappinger Recreation Commission on behalf of the Mid -Hudson Road Runners Club, both of which are attached hereto and made part of this Resolution. 11 09/14/2005.SPM 4. This Resolution is adopted on the condition that the Mid -Hudson Road Runners Club provide proof of General Liability Insurance in the amount of One Million Dollars ($1,000,000.00) per occurrence naming and insuring the Town of Wappinger as Certificate Holder and additional insured against any actions, claims, or lawsuits arising from personal injury, property damage, and/or negligent acts caused by the Dutchess County Classic Race or any of its participants, agents and/or employees, including the organizing organizations, while performing services in the Town of Wappinger pursuant to this Resolution. The foregoing was put to a vote, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Robert Valdati, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The resolution was thereupon declared duly adopted. There was no further business to come before the Board. Councilwoman McCarthy moved to close the meeting, seconded by Councilman Valdati and unanimously closed. The meeting adjourned at 7:51 pm. gZG _.Masterson Town Clerk 5