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1994-08-08 SPM940808. SPM I T i A Special Meeting of the Town Board of the Town of Wappinger was held on August 8, 1994, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SUPERVISOR SMITH called the Meeting to order at 9:10 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Absent: Joseph Incoronato Elaine H. Snowden Others Present: Albert Roberts, Attorney to the Town The Supervisor scheduled The Special Meeting for August 8, 1994 for the sole purpose to vote on a Resolution authorizing the Town of Wappinger to enter into an agreement with the Tri -Municipal Sewer Commission for the construction of a 1,000,000 gallon per day Municipal Waste Water Treatment Facility to treat sewage originating in the Town of Wappinger. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption and seconded by Mr. Valdati. WHEREAS, the Town has heretofore entered into a certain Agreement Dated July 10, 1991 with the Tri -Municipal Sewer Commission, hereinafter referred to as the "COMMISSION," FOR THE CONSTRUCTION OF A 1,000,000 gallon per day expansion of the Tri -Municipal Waste Water Treatment Facility to treat sewage originating in the Town; and WHEREAS, the Agreement dated July 10, 1991 gave the Town the option of financing the cost of this project through the New Page 1 940808.SPM .T York State Revolving Loan Fund (hereinafter referred to as SRF;) and WHEREAS, the Agreement dated July 10, 1991 provided that if the Town elected to finance the project through SRF that requisitioned construction progress payments would be made directly to the COMMISSION; and WHEREAS, the SRF is managed by the New York State Environmental Facilities Corporation (hereinafter referred to as EFC); and WHEREAS, the TOWN has already close on a Short -Term Project and Loan Financing Agreement (Short -Term PLFA) with EFC dated June 24, 1994 which designates the TOWN as the loan recipient; and WHEREAS, the TOWN has qualified for long-term financing in the approximate sum of $8,700,000.00 +/-for the Fall 1994 Pooled SRF Financing under SRF Financing under SRF Project No. 5306-02, which loan is expected to close in December of 1994; and WHEREAS, the COMMISSION may be designated a direct recipient of any loan proceeds issued pursuant to a Long -Term Project Financing and Loan Agreement (Long -Term PFLA) for SRF Project No. 5306-02 upon authorization of the Town Board; and WHEREAS, to implement the provisions of the Agreement dated July 10, 1991 in accordance with the regulations of EFC it is necessary for the Town and the Commission to enter into an Agreement authorizing and designating the COMMISSION as an agent for the recipient of loan proceeds to be disbursed pursuant to the Long -Term PFLA to be entered into between the TOWN and EFC and to adopt the procedures for requisitioning construction progress payments under the Short -Term PFLA; and WHEREAS, the Town and the Commission have agreed upon terms and conditions of an Agreement which will implement the Page 2 940808.SPM procedures required for requisitioning loan proceeds to be disbursed pursuant to the Short -Term PFLA and for the designation of the COMMISSION as an agent of the Town for the receipt of loan proceeds of the Long -Term PFLA; NOW, THEREFORE, BE IT RESOLVED as follows: Iw. 1. The recitations above made are hereby adopted and incorporated as if fully set forth herein. 2. The Town hereby authorizes the COMMISSION to designate a member or other person to act as an authorized signatory on a bank account established at Fleet Bank, Middlebush Road, Wappingers Falls, New York, which account is dedicated to the receipt and disbursement of loan proceeds issued by EFC pursuant to a Project Financing and Loan Agreement between the Town and EFC dated June 24, 1994 for SRF Project No. 5306-02; the proceeds of said account may be disbursed by the COMMISSION only for costs and expenses incurred pursuant to the Agreement dated July 10, 1991 by and between the Town and the COMMISSION. 3. On and after the closing of the Long -Term PFLA for the Fall 1994 Pooled SRF Financing for SRF Project No. 5306-02 between the Town and EFC, the Town hereby designates the COMMISSION as its agent for the receipt of loan proceeds disbursed pursuant to the Long -Term PFLA to be disbursed by the COMMISSION only for the purposes set forth in the Agreement dated July 10, 1991 between the Town and the Commission. 4. The Town further authorizes the Commission to act as its agent to requestion funds directly from EFC for receipt of the loan proceeds to be disbursed pursuant to the Long -Term PFLA above referenced. 5. The Town Board further authorizes and directs the 1 60 Supervisor, Constance 0. Smith, to execute an Agreement between Page 3 940808.SPM the Town and the Commission for the implementation of the procedures above referenced, in substantially the same form as the form of Agreement annexed hereto, authorizing the Supervisor and the Attorney to the Town to amend the provisions of the Agreement to conform to the regulations of EFC. Roll Call Vote: Supervisor Smith Aye Councilman Valdati Aye Councilman Ruggiero Aye Councilwoman Visconti Aye Councilman Incoronato Absent The Resolution is hereby duly declared adopted. There was no other Business to come before the Board. COUNCILWOMAN VISCONTI moved to close the Special Meeting, seconded by Mr. Ruggiero and unanimously carried. The Special Meeting Closed at 9:11 P.M. Respectfully Submitted 7e Visconti, Councilwoman Elaine H. Snowden Town Clerk Page 4 1j]