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1990-05-14 SPM104 A Special Meeting of the Town Board of the Town of Wappinger was held on May 14, 1990, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Smith opened the Meeting at 6:45 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Absent: June Visconti, Councilwoman (Arrived at 6:55 P.M.) Others Present: Albert Roberts, Attorney Notice of this Meeting was sent to all Board Members on April 27th, 1990, calling said Meeting for May 14th, 1990 at 6:45 P.M. Notice was also sent to the news media and posted on the Town Clerk's Bulletin Board on May 1, 1990 The sole purpose of this Meeting was to consider the adoption of a Negative Declaration and a Bonding Resolution with respect to a proposed Drainage Project. The Short Environmental Assessment Form, pursuant to the SEQR process, was prepared by Joseph Paggi, Engineer to the Town. MR. VALDATI moved to accept the E.A.F. for the Town of Wappinger - Storm Sewer Projects, as prepared by the Engineer to the Town. Seconded by: Mr. Fanuele Roll Call Vote: 4 Ayes 0 Nays Mrs. Visconti ---Absent Mrs. Visconti was present at the Meeting at 6:55 P.M. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr., P.E. has identified certain areas within the Town which are in immediate need for the installation of storm sewers, or for repairs and remedial work to existing storm sewers, all as set forth in a letter dated April 26, 1990 to the Town Board, copy of which is affixed to this Resolution; and WHEREAS, the total cost for said project is projected to be $2,308,000.00, and WHEREAS, the Town Board has determined it to be in the best interests of the Town to undertake the work set forth in the aforementioned letter dated April 26, 1990, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines that it is in the best interests of the Town to undertake the storm sewer work identified in a letter dated April 26, 1990, from Paggi and Martin, Joseph E. 105 Paggi, Jr., Engineers to the Town, a copy of which is affixed to this Resolution, as Exhibit A. 2. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant to Article 8 ECL and the related Title 6 part 617 NYCRR. 3. The Town Board has caused to be completed part 1 and part 2 of a short form EAF for this project, in the form annexed hereto as Exhibit B. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in part 617.11 NYCRR, and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project. 5. The Town Supervisor is hereby authorized to execute part 3 of the short form EAF and further directs the Town Clerk to provide for the filing and distribution of same as provided by law. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,192,600 SERIAL BONDS AND $115,400 CAPITAL NOTES OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE CONSTRUCTION OF DRAINAGE FACILITIES AT VARIOUS LOCATIONS THROUGHOUT AND IN AND FOR SAID TOWN. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the capital project hereinafter described has been determined to be an "Unlisted Action" for purposes of the State Environmental Quality Review Act concerning which a "Negative Declaration: has been adopted and it has been determined that such project will not result in any significant environmental effects; and WHEREAS, all other conditions precedent to the financing of the capital project hereinafter described 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 construction of drainage facilities at various locations throughout and in and for the Town of Wappinger, Dutchess County, New York, for the purpose of protecting the property within said Town from floods, freschets and high waters, including incidental improvements and expenses in connection therewith and interest during construction, there are hereby authorized to be issued $2,192,600 serial bonds and $115,400 capital notes of said Town, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated such class of objects or purposes is $2,308,000, and the plan financing thereof is as follows: cost of for the M a) By the issuance of the $2,192,600 serial bonds of the Town of Wappinger, Dutchess County, New York, authorized to be issued pursuant to this bond resolution. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Town Board; and b) By the issuance of the $115,400 capital notes of said Town authorized to be issued pursuant to this bond resolution. Such capital notes shall be sold at private sale and all further powers in connection with the details and the sale thereof are hereby delegated to the Supervisor, the chief fiscal officer, in accordance with the Local Finance Law. Pursuant to Section 107.00 of the Local Finance Law, the proceeds from the sale of such capital notes will be provided prior to the issuance of the bonds herein authorized or bond anticipation notes. Said capital notes shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. 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, County, New York, are hereby irrevocably pledged to the of the principal of and interest on such obligations as respectively become due and payable. An annual appropriation made in each year sufficient to pay the principal of and on such obligations becoming due and payable in such year. Dutchess payment the same shall be interest Section 6. The validity of such bonds, capital notes 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 7. Upon this resolution taking effect, the same shall be published in full in the Southern Dutchess News, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 8. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. Seconded by: Councilman Incoronato, Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted 107 As stated in the Notice of the Meeting, no other business was addressed by the Town Board. MRS. VISCONTI moved to close the Special Meeting, seconded by Mr. Incoronato and unanimously carried. The Special Meeting closed at 7:04 P.M. aine H. Snowden Town Clerk Spl. Mtg. 5/14/90 T