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1995-02-06 SPM950206.SPM q( A Special Town Board Meeting was held on February 6, 1995 at the Town Hall, 20 Middlebush, Wappingers Falls, New York. Supervisor Smith called the Meeting to order at 7:00 P.M. Present: Connie Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The purpose of the meeting was to vote on a Resolution for the issuance of additional Serial Bonds to pay the cost of the Emergency Services Building. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $390,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE CONSTRUCTION OF AN EMERGENCY SERVICES BUILDING ON A PARCEL OF TOWN -OWNED LAND ON MIDDLEBUSH ROAD, IN WAPPINGERS FALLS, NEW YORK, INCLUDING ORIGINAL FURNISHINGS, EQUIPMENT, MACHINERY, APPARATUS, APPURTENANCES AND INCIDENTAL IMPROVEMENTS AND EXPENSES IN CONNECTION THEREWITH IN AND FOR SAID TOWN. WHEREAS, the capital project hereinafter described has been determined to be a Type I Action pursuant to Local Law No. 6 of 1992 of the Town of Wappinger and the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, by bond resolution dated July 26, 1993, the Town i Board of the Town of Wappinger, Dutchess County, New York, authorized the issuance of $1,500,000 serial bond of said Town Page 1 950206.SPM to pay the cost of the construction of an Emergency Services Building on a parcel of Town -owned land on Middlebush Road, in Wappingers Falls, New York, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,500,000, in and for the Town of Wappinger, Dutchess County, New York: WHEREAS, it has now been determined that the maximum estimated cost of such construction of an Emergency Services Building is $1,890,000, an increase of $390,000 over that previously authorized; and WHEREAS, it is now desired to authorize the issuance of an additional $390,000 serial bonds of said Town for such purpose; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of the construction of an Emergency Services Building on a parcel of Town -owned land on Middlebush Road, in Wappingers Falls, New York, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $390,000 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 specific object or purpose is now determined to be $1,890,000, and that plan for the financing thereof is as follows: a. By the issuance of the $1,500,000 serial bonds of said Town authorized to be issued pursuant to bond resolution j dated July 26, 1993; and b. By the issuance of the additional $390,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Page 2 950206.SPM Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 11 (a) of paragraph a of Section 11.00 of the Local Finance Law, calculated from October 1, 1994, the date of issuance of the first obligation for said specific object or purpose. 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 to the payment of the principal of and interest on such obligations 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 obligations becoming due and payable in such year. There shall annually be levied on all taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations 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 the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Page 3 950206.SPM 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 she shall deem best for the interests of the Town; provided however, that in the exercise of these delegated powers, she 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 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 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 its 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 and 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 Page 4 950206.SPM 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. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections %W 1.150-2. Other than as specified in this resolution, nor monies are, or are responsibly 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 10. 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 11. Upon this resolution taking effect, the same shall be published in full in Southern Dutchess News, the official newspaper, 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 35.00 of the Local Finance Law. Seconded by Mr. Valdati Page 5 950206.SPM Roll Call Vote Vote Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Nay Councilwoman Valdati Aye Resolution was thereupon declared duly adopted. There was no other Business to come before the Board. SUPERVISOR SMITH moved to close the Special Meeting, seconded by Mrs. Visconti and unanimously carried. The Special Meeting closed 7:05 P.M Elaine H. Snowden Town Clerk Page 6 n F-� F, 950206.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 6, 1995 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the issuance of additional serial bonding for the Emergency Services Building Supervisor Smith opened the Meeting at 6:45 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the minutes of this Meeting. Supervisor Smith asked if there were any questions or comments. COUNCILMAN INCORONATO had some concerns with the Contract. He questioned Mrs. Smith regarding the lease arrangements with the principals. Do we have a new lease arrangement with them? Mrs. Smith informed him that we do not have one at this time, but are working on one and will have one shortly. COUNCILMAN RUGGIERO questioned Mrs. Smith regarding rent, can the parties back out of agreement because the bond will exceed $1.5 million? Mrs. Smith said that Sloper has already assured us that there would be no problem. As far as the State Police, Mr. Saland's office has assured us that there would be no problems. Donald Swartz, Architect for the Emergency Services Building, informed the Board that there will be a final adjustment once the project is complete. Mr. Swartz, also stated, if a contingency contract was not Page 1 950206.PH in place when it is needed, if we go over $5 dollars, the Town would not have the power to go beyond the original $1.5 million. At this time the Hank DiMarco was recognized by the Chair. Mr. DiMarco commented that we are exercising good judgment and he is in favor of this project. COUNCILWOMAN VISCONTI move to close the Public Hearing, seconded by Mr. Ruggiero and unanimously carried. The Public Hearing closed at 7:00 P.M Plaine H. Snowden Town Clerk Page 2 Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 u a NOTICE OF PIIBUQ HEARING TOWN OP WAPRINGER. 1,4 ias, 20 reFaW, may' M., Pre• iofcon-' N qua - 311p 000 n»red. of M. wwl«, Commlutlty Ambulance Bar da wll toanptl Geld buAdlrlp, The Tam Will be IN "Mr and oPK&W ta aaW bWldlrq.. . protect na been deurmM.d to be an Type I Action pursuant to Local Law No. I of 1M of the Town and the rapulatlar oHM New York State Depar"" of ErMronowntal Dud - Act hof ,whlchsed has determined will not fault In my dpdkAnd ernlron Ontd dfeols.' At said p A* Marinp sddjown Board ,will hat all persotyt1rl nt Q,In die ''augsot maltattheteof � "J);Weppftwf4lla,N wYork Jatatary 2I,1IY6>� .f SYORDER OFTHE TOWN BOARD OF THE TOWN OF WAPPINGER OUTCHESS COUNTY, NEW YORK BY: Ekins H, Snowden Town Clark AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. .............:?.4a? ..0iIIgr..................... of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the .J3QQX%Pmper.......... of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for .O21e....weeks successively in each week, commencing on the ,_.,25thday of ... Jaa nury 199.5.. and on the following dates thereafter, namely on and ending on the ... 25th... day of .J.�L.t? r...... 19.95 both days inclusive. V r, Subscribed and sworn to before me this ....25th, day of ...Jan , ry _ 1,9 -9-5 ............. X. Notary Public My commission expires ................................. �n� r' irl. ta�r,m• , :. r "-,rilr3;UiJ'EXF'iFF31MAfiCH 31, )a—& TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER as NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF ADDITIONAL SERIAL BONDS TO PAY ADDITIONAL COSTS OF THE CONSTRUCTION OF THE EMERGENCY SERVICES BLDG. ---------------------------------- STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on January 25, 1995, your deponent posted a copy of the attached notice of Public Hearing on the Issuance of additional Serial Bonds by the Town of Wappinger to pay additional costs of the construction of the Emergency Services M Building on a parcel of Town owned land on Middlebush Road, Wappingers Falls, New York on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me this day of Tz"(�IZ.ccutic/ 1994. NOTARY PUBLIC njILo Elaine H. Snowden Town Clerk Town of Wappinger