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Town of Beekman, NY
One of the Original 8Towns

November 5, 2001

  • RESOLUTION 11:05:01 - 1 Authorization for Advance of Funds to Pay County Charge-Back Against Pawling Lakes Road Improvement District
  • RESOLUTION 11:05:01 - 2 RE: Authorizing Maintenance Agreement for Town Hall Copiers
  • RESOLUTION 11:05:01 - 3 RE: Authorization for Dover Ridge Sewer District Engineering
  • RESOLUTION 11:05:01 - 4 RE: Authorization to Purchase Accounting Software
  • RESOLUTION 11:05:01 - 5 For Notice of Public Hearing on Pawling Lakes 1995 Reassessment
  • RESOLUTION 11:05:01 - 6 RE: Authorization for Poughquag Water Leak Detection
  • RESOLUTION 11:05:01 - 7 BOND RESOLUTION, DATED NOVEMBER 5, 2001, AUTHORIZING THE ISSUANCE OF $36,000 SERIAL BONDS OF THE TOWN OF BEEKMAN

RESOLUTION 11:05:01
- 1 Authorization for Advance of Funds to Pay County Charge-Back Against Pawling Lakes Road Improvement District Councilman Peter Barton offers the following and moves its adoption:

WHEREAS, the Town Board of the Town of Beekman has authorized the issuance of serial bonds for the financing of erroneous tax refunds charged back to the Pawling Lake Estates Road Improvement District by the County of Dutchess by RESOLUTION 11:05:01 - 1; and

WHEREAS, such charge-back will be included in the 2002 levy against the real property in the District unless paid to the County Commissioner of Finance by the week of November 5, 2001 (as extended from the November 1, 2001 deadline); now therefore be it

RESOLVED, that the Town Supervisor be and hereby is authorized to advance temporarily the charge-back payment from the General Fund pursuant to § 165.10 of the Local Finance Law, and that such amount shall be repaid upon the receipt of proceeds of bonds or notes issued pursuant to the above-referenced bond resolution.

Seconded: Councilwoman Stephanie Mauro

Roll Call Vote:
Councilman Peter Barton aye
Councilwoman Stephanie Mauro aye
Councilwoman Patricia Campanaro aye
Councilman Earl Lauria aye
Supervisor Anthony C. McKee aye

Dated: November 5, 2001

RESOLUTION 11:05:01 - 2 RE: Authorizing Maintenance Agreement for Town Hall Copiers Councilman Peter Barton offers the following and moves its adoption:

WHEREAS, the annual maintenance contract for the Town Hall copiers is up for renewal; now therefore be it

RESOLVED, that the proposal from Executive Copy Systems be accepted and the Supervisor be and hereby authorized to sign the maintenance agreements.

Seconded Councilwoman Stephanie Mauro

ROLL CALL VOTE:
Councilman Peter Barton aye
Councilwoman Stephanie Mauro aye
Councilwoman Patricia Campanaro aye
Councilman Earl Lauria aye
Supervisor Anthony C. McKee aye

Dated: November 5, 2001

RESOLUTION 11:05:01 - 3 RE: Authorization for Dover Ridge Sewer District Engineering Councilwoman Mauro offers the following and moves its adoption:

WHEREAS, the contemplated improvement to the Dover Ridge Sewer District requires the completion of an Engineer's Report and Facility Plan, construction documents, and other engineering services; now therefore be it

RESOLVED, that the Town's engineering firm, Insite, and its partner, O'Brien & Gere Engineers, be and hereby are authorized to proceed with the necessary work as outlined in Insite's proposal letter dated October 4, 2001.

Seconded: Supervisor Anthony C. McKee

ROLL CALL VOTE:
Councilman Peter Barton aye
Councilwoman Stephanie Mauro aye
Councilwoman Patricia Campanaro nay
Councilman Earl Lauria abstain
Supervisor Anthony C. McKee aye

Dated: November 5, 20001

RESOLUTION 11:05:01 - 4 RE: Authorization to Purchase Accounting Software Councilwoman Mauro offers the following and moves its adoption:

WHEREAS, the present accounting software is inadequate and contains inaccuracies causing difficulties in tracing transactions and is cumbersome to work with requiring too many hand-generated transactions; and

WHEREAS, the system provided by EOS Software would also enable the processing of payroll, therefore eliminating the cost for an outside contractor; and

WHEREAS, the bookkeeper has recommended the acceptance of the proposal from EOS Software at a three year lease price of $4,785.10 at which time the system would be owned by the Town of Beekman; now therefore be it

RESOLVED, that the Supervisor be and hereby authorized to sign contracts leasing the EOS Software in accordance with the Town's Procurement policy and to remit the initial lease payment of $1,097.50.

Seconded Supervisor Anthony C. McKee

ROLL CALL VOTE:
Councilman Peter Barton aye
Councilwoman Stephanie Mauro aye
Councilwoman Patricia Campanaro nay
Councilman Earl Lauria nay
Supervisor Anthony C. McKee aye

Dated: November 5, 20001

RESOLUTION 11:05:01 - 5 For Notice of Public Hearing on Pawling Lakes 1995 Reassessment Supervisor Anthony C. McKee offers the following and moves its adoption:

WHEREAS, the Assessor to the Town of Beekman has completed and filed a reassessment roll respecting the apportionment to Parcel Number 6959-00-092406 for the 1995 assessment-roll for the Pawling Lake Estates Road Improvement District pursuant to Article 15, § 247 of the New York State Town Law; now therefore be it

RESOLVED, that pursuant to §§ 239 and 247 of the Town Law a public hearing on such reassessment and apportionment shall be held on the 3th day of December, 2001 at 7:00 o'clock p.m. at the Town Hall, 4 Main Street, Poughquag, in the Town of Beekman, New York; and be it further

RESOLVED, that notice shall be published in the Poughkeepsie Journal on or before the 22nd day of November, 2001, but not prior to November 14th, 2001, stating that the 1995 Reassessment Roll for Pawling Lake Estates Road Improvement District affecting Tax Parcel Number 6959-00-092406 has been completed and that the Town Board will meet and hear any objections which may be made to the reassessment at the time and place as specified above, and that such notice shall also be posted on the signboard of the Town on or before the 22nd day of November 2001.

Seconded: Councilwoman Stephanie Mauro

Roll Call Vote:
Councilman Peter Barton aye
Councilwoman Stephanie Mauro aye
Councilwoman Patricia Campanaro aye
Councilman Earl Lauria aye
Supervisor Anthony C. McKee aye

Dated: November 5, 2001

RESOLUTION 11:05:01 - 6 RE: Authorization for Poughquag Water Leak Detection Councilman Peter Barton offers the following and moves its adoption:

WHEREAS, the Town's operator of the Poughquag Hamlet Water Improvement District has noted significant losses of water from the water supply system; now therefore be it

RESOLVED, that the Severn Trent Services, Inc. be and hereby is authorized to proceed with the leak detection investigation in accordance with its recommendations and letters of October 29 and October 31, 2001.

Seconded Supervisor Anthony C. McKee

ROLL CALL VOTE:
Councilman Peter Barton aye
Councilwoman Stephanie Mauro aye
Councilwoman Patricia Campanaro aye
Councilman Earl Lauria aye
Supervisor Anthony C. McKee aye

Dated: November 5, 20001

RESOLUTION 11:05:01 - 7     BOND RESOLUTION, DATED NOVEMBER 5, 2001, AUTHORIZING THE ISSUANCE OF $36,000 SERIAL BONDS OF THE TOWN OF BEEKMAN, IN THE COUNTY OF DUTCHESS, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW AND THE TOWN LAW OF THE STATE OF NEW YORK, TO FINANCE THE PAYMENT OF A JUDGMENT, COMPROMISED OR SETTLED CLAIM (GARDEN HOMES WOODLANDS COMPANY V. TOWN OF DOVER ET AL.) AGAINST THE TOWN OF BEEKMAN (PAWLING LAKES IMPROVEMENT DISTRICT)

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BE IT RESOLVED by the Town Board of the Town of Beekman, in the County of Dutchess, State of New York, as follows:

Section 1.  In order to finance the specific object or purpose hereinafter described the Town of Beekman, in the County of Dutchess, State of New York (the "Town") shall issue its Serial Bonds in the aggregate principal amount of $36,000 pursuant to the Local Finance Law and Town Law of the State of New York.

Section 2.  The specific object or purpose (hereafter referred to as "purpose") to be financed by the issuance of such Serial Bonds are the costs to the Town to finance the payment of Pawling Lakes Road Improvement District's share of the County tax settlement, Garden Homes Woodlands Company v. Town of Dover et al. (Dutchess County Index No. 6052-95), including interest-related and necessary costs incidental thereto such as legal, consultant, and appraisal fees, are hereby authorized.  The payment of such benefit assessment tax refund shall be made in accordance with “County Chargeback Memorandum” dated October 1, 2001 and as agreed by the Town of Beekman Supervisor and the Dutchess County Department of Finance.

Section 3.  It is hereby stated that (a) the estimated maximum costs of such purpose is $36,000, (b) the Town plans to finance such purpose by the use of $36,000 to be raised by the issuance of the Serial Bonds authorized by this bond resolution,  and (c) except as hereinbefore stated, no moneys have been authorized to be applied to the financing of the purpose.  The amount authorized to be applied to such purpose from the proceeds of obligations authorized herein shall be reduced pro tanto by the amount of State or Federal or County of Dutchess, grants or moneys received by the Town for such purpose.

Section 4.  It is hereby determined that such purpose is an object or purpose for which Serial Bonds may be issued and is described in subparagraph (c) of subdivision (a)(2) of subdivision 33 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such purpose is five (5) years.  It is hereby further determined that the maximum maturity of the Serial Bonds herein authorized will not exceed five years.

Section 5.  Subject to the terms and conditions of this bond resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 53.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize Bond Anticipation Notes in anticipation of the issuance of the Serial Bonds authorized by this bond resolution and the renewal of said notes, and the power to prescribe the terms, form and contents of the Serial Bonds and Bond Anticipation Notes and the power to sell and deliver the Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of such bonds is hereby delegated to the Town Supervisor, as the chief fiscal officer, of the Town.  The Town Supervisor or the Deputy Town Supervisor is hereby authorized to sign any Serial Bonds and Bond Anticipation Notes issued in anticipation of the issuance of the Serial Bonds and Bond Anticipation Notes issued pursuant to this bond resolution by manual or facsimile signature, and the Town Clerk or Deputy Town Clerk is hereby authorized to manually affix or impress or imprint a facsimile of the corporate seal of the Town to any of the Serial Bonds or Bond Anticipation Notes and to attest such seal by manual or facsimile signature.  Such obligations if executed by facsimile signature shall be authenticated by the manual countersignature of the Town Supervisor or a designated fiscal agent.

Section 6.  The faith and credit of the Town are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.

Section 7.  There shall be annually apportioned and assessed upon the several lots and parcels of land within the Pawling Lakes Improvement District in the manner provided by law, an amount sufficient to pay the principal of and interest on such Serial Bonds, as the same shall become due, but if not paid from such source, all the taxable real property in the Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on the Serial Bonds as the same shall become due.

Section 8.  The Town intends to issue the obligations authorized by this bond resolution to finance the cost of the purpose described in Section 2 hereof.  The Town covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of (a) the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Town, and (b) the facilities or purpose financed with the proceeds of such obligations, which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Town to any penalties under Section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by Section 55 of the Code) or subject the Town to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the obligations authorized herein or any other provision hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of the Serial Bonds and any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be applied to reimburse expenditures or commitments made for the purpose on or after a date which is not more than one year prior to the adoption date of this bond resolution by the Town.  The Town expects to expend general funds or other available moneys for the purpose which shall be reimbursed from the proceeds of such obligations.

Section 9.   The Town hereby covenants for the benefit of holders of obligations authorized herein to comply with the amendments to Rule 15c2-12 of the Securities Exchange Act of 1934 (the "Rule"), and in particular paragraphs (b)(5)(i)(A), (b)(5)(i)(B) and (b)(5)(i)(C) of the Rule, by providing to a nationally recognized municipal securities information repository:  (i) at least annually, current financial information concerning the Town, including annual audited financial statements and pertinent operating information, and (ii) notice of any material events as set forth in paragraph (b)(5)(i)(C), and (iii) timely notice of a failure by the Town of which the Town has knowledge to provide the information required in (i) hereof, unless an exemption from such paragraph exists as provided in paragraph (d) of the Rule.

Section 10.  The validity of the Serial Bonds or of any Bond Anticipation Notes issued in anticipation of the sale of the Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of this bond resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of publication, or if said obligations are authorized in violation of the provisions of the Constitution of New York.

Section 11.  This bond resolution which takes effect immediately, shall be published in full by the Town Clerk of the Town, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, and such publication shall be in the Poughkeepsie Journal, a newspaper having a general circulation in the Town and which is hereby designated as the official newspaper of the Town for such purpose.

Section 12.  This bond resolution shall take effect immediately upon its adoption by the Town Board of the Town.

Dated:    Poughquag, New York

November 5, 2001

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Seconded:  Councilman Peter Barton

Roll Call Vote:

Councilman Peter Barton -aye

Councilwoman Stephanie Mauro - aye

Councilwoman Patricia Campanaro - aye

Councilman Earl Lauria - aye

Supervisor Anthony C. McKee - aye

The bond resolution was declared adopted by a vote of at least two-thirds of the voting strength of the Town Board.  The Town Board then considered other matters.


4 Main Street, Poughquag, NY 12570 - 845-724-5300