| Town of Beekman Resolutions from September 27, 2004 meeting. Go
to - RESOLUTION 9:27:04 - 1 Appointments
to the Architectural Review Board RESOLUTION 9:27:04 - 1 RE: Appointments to the Architectural Review Board
WHEREAS, said Local Law calls for a board consisting of five members appointed by the Town Board of the Town of Beekman; and WHEREAS, interviews of interested candidates has taken place; now therefore be it RESOLVED, that the following individuals are hereby appointed to serve on the Architectural Review Board:
and be it further RESOLVED, that Anthony Pepe shall serve as the Chairman of the Architectural Review Board; and be it further RESOLVED, that all members hereby appointed shall file an oath of office with the Town Clerk of the Town of Beekman. Seconded Councilwoman Barbara Zulauf ROLL CALL VOTE: Dated: September 27, 2004 RESOLUTION 9:27:04 - 2 RE: Authorizing the Construction of Senior League Baseball Field Town Center Park Councilman Thomas Kinsley offers the following and moves its adoption:
WHEREAS, John P. Cunningham and Sons, Inc. has offered to construct a senior league baseball field in lieu of the recreation fees payable to the Town of Beekman; and WHEREAS, the cost associated with the construction of a ball field is $63,886.00; and WHEREAS, the Comptroller is in possession of a check from John P. Cunningham and Sons, Inc. in the amount of $18,000.00 payable to the Town of Beekman for recreation fees due on nine lots in Mountain View Estates III on Depot Hill; and WHEREAS, John P. Cunningham and Sons proposed that said $18,000.00 as well as any additional recreation fees which would be due from additional lots from Mountain View Estates IV, Gardner Hollow Subdivision and any other future lots be credited towards the construction of said ball field; now therefore be it RESOLVED, that the Town Board of the Town of Beekman hereby accepts the construction of the senior league baseball field in the Town Center Park in lieu of recreation fees totaling $63,886.00 payable to the Town of Beekman; and be it further RESOLVED, that the said $18,000.00 recreation fee payment for Mountain View Estates III be returned to John P. Cunningham and Sons, Inc. and this amount be deducted from the total construction cost of $63,886.00. Seconded Supervisor John Adams ROLL CALL VOTE:
RESOLUTION 9:27:04 - 3 RE: Enactment of Local Law #4 Littering Ordinance
WHEREAS, the proposed local law to impose a littering ordinance was duly held before the Town Board on September 27, 2004, now therefore be it RESOLVED, that said local law to be numerated as Local Law #4 of 2004 be hereby enacted by the Town Board of the Town of Beekman; and be it further RESOLVED, that certified copies of this Local Law be filed immediately in the office of the Town Clerk and the New York Secretary of the State. Seconded Councilwoman Barbara Zulauf
RESOLUTION 9:27:04 - 4 LITTERING
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It is hereby determined by the Town Board that litter carelessly deposited in the Town is a cause of civic disgrace; that litter is a health, fire and safety hazard and pollutant; and that litter is a matter affecting the public interest and quality of life and consequently should be subject to supervision and administrative control for the purpose of safeguarding the health, safety and general welfare of the people of the Town of Beekman.
The Town Board of the Town of Beekman does hereby ordain and enact the Town of Beekman Littering Law pursuant to the authority and provisions of Town Law and Section 10 of the Municipal Home Rule Law.
GARBAGE- Any animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or consumption of food. LITTER- Garbage, refuse, handbills, newspapers and rubbish, as such are defined, and all other waste materials which, if thrown or deposited as herein prohibited, tend to create a danger to the public health, safety and welfare or render the streets, private grounds or public places unsightly, including household waste. PARK- A park, playground, recreation center or any other public area owned or used by the Town of Beekman or other public entity or government, which is devoted to recreational purposes. PERSON- Any person, firm, partnership, association, political subdivision, government agency, corporation or organization of any kind. PRIVATE PROPERTY- Any dwelling, house, building or other structure designated or used, either wholly or in part, for private residential purposes, whether inhabited or not or vacant, and includes any yard, grounds, walks, driveways, porches, or steps belonging to such dwelling, building or other structure. PUBLIC PLACE- Any and all streets, sidewalks, alleys, or other public ways, and any and all public parks, squares, spaces, grounds and buildings. PUBLIC STRUCTURE- Any structure or building owned or operated by the Federal, State, County or Town government or governmental agency. REFUSE- All putrescible solid waste, except body waste, including but not limited to garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk, machinery and solid market and industrial waste. RUBBISH- All nonputrescible solid wastes, consisting of both combustible and noncombustible wastes such as papers, wrappings, cigarettes, cardboard, tin cans, glass, bedding, crockery, furniture, building materials and other similar materials. SURFACE WATERS- Any lakes, ponds, reservoirs, streams, springs, rivers, marshes, regulated and unregulated wetlands, and all other perennial bodies of surface water, natural or artificial, public or private. TAKE-OUT RESTAURANTS- All retail stores which permit off premises consumption of food or beverages. TOWN- The Town of Beekman, County of Dutchess, State of New York. TOWN PROPERTY- Real property owned by the Town of Beekman. VEHICLE- Every vehicle upon or by which and person or property is or may be transported upon a highway, including devices used exclusively upon stationary rails or tracks.
A) Littering prohibited. No person shall throw or deposit in or upon and Town property, except in public receptacles or in authorized public receptacles for collection; provided, however, that said public receptacles shall not be used by persons owning or occupying property in the vicinity of said public receptacles for the deposit of domestic, commercial and industrial litter arising from the conduct of said daily activities. B) Litter thrown from vehicles. No person, while a driver or a passenger in a vehicle, shall throw or deposit litter upon any Town or private property. C) Litter from trucks. No person shall drive or move any truck or other commercial vehicle unless the vehicle is constructed or loaded as to prevent and litter from being blown or deposited upon any Town or private property. D) Parks. No person shall throw or deposit litter in any park except in public receptacles and in such a manner as to prevent litter from being carried or deposited by the elements upon any part of the park or upon and street or other public place. Where public receptacles are not provided all litter shall be carried from the park by the person responsible for its presence and shall be properly disposed of elsewhere. E) Surface Waters. No person shall throw or deposit litter in any Town owned body of water. F) Private property. No person shall throw or deposit litter on any private property, whether owned by him or not except that the owner or person in control of private property shall maintain private receptacles or collection in such a manner that litter will not be carried or deposited by the elements upon any other public property or upon any other private property.
Responsibilities of property owners; The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not be construed to prohibit the storage of litter in private receptacles for collection.
Distribution of handbills, prohibited acts; A) Distribution on Town property. No person shall throw or deposit any commercial handbills in or upon any sidewalk, street or other Town property. B) Distribution to vehicles. No person shall throw or deposit any commercial handbill in or upon any vehicle. C) Distribution on uninhabited or vacant private property. No person shall throw or deposit any commercial handbill in or upon any private property which is temporarily or continuously unoccupied or vacant. D) Distribution on inhabited private property. No person shall throw, deposit or distribute any commercial handbill in or upon private property with the Town unless the person distributing such handbill obtains the written consent of the person owning or occupying the property. However, this prohibition shall not apply to the distribution of advertising materials through the mail, not to newspapers nor to the distribution of advertising materials by any charitable and/or nonprofit organizations, except that these materials shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public property or upon private property. E) Political and campaign signs shall be exempt from this section, however shall be limited to the following: 1) Campaign signs shall not be displayed prior to 60 days before the
election to which they apply. #000-0 Responsibilities of take-out restaurant owners. It is hereby declared to be a duty of the owner or operator of a take-out restaurant, delicatessen or luncheonette to provide not less than one authorized private receptacle for the receipt of trash, litter, paper, napkins, cups and remnants of food and nonfood items at each exit, available to the patrons as they leave the premises.
A) Notice to owner to remove. The Code Enforcement Officer or his duly designated agent is authorized and empowered to notify the owner of any private premises or vacant land, or the agent of such owner, to dispose properly of litter located on such owner's property, which is dangerous to the public health, safety or welfare. Notice shall be by registered or certified mail, return receipt requested, addressed to said property owner or his agent at his last known address, or served personally upon said owner or his agent. B) Action upon owner's noncompliance. Upon failure, neglect or refusal of any owner or agent so notified to dispose properly of said litter within 10 days from the receipt of the written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event that it is returned to the Town by the United States Postal Service because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner or agent, the Code Enforcement Officer or his duly designated agent is authorized and empowered to cite the owner or agent of such owner with a violation of this chapter.
Any Code Enforcement Officer of the Town of Beekman, or any police agency in the Town of Beekman is hereby authorized and empowered to issue or cause to be issued an appearance ticket for any violation of any of the provisions of this chapter, returnable in the Justice Court of the Town of Beekman, or any other court of competent jurisdiction, and to exercise such powers as may be necessary or convenient to carry out and effectuate for purposes and provisions of this chapter.
Any person or persons, associations, firms or corporations who shall violate any of the provisions of this chapter shall be guilty of an offense and shall be punishable of a fine of $500 for the first offense and $750 for the second and any subsequent offenses.
In the event that a landowner fails to properly dispose of litter on his/her property after being notified to remove the litter as provided in Section #000-0 of this chapter, the Code Enforcement Officer or his duly designated agent shall notify the owner or agent of such owner that he/she has been found to be in violation of this chapter, that a fine has been assessed him/her and the amount of said fine. The notice shall also state that if the said fine is not paid to the Town of Beekman within 30 days of the date of the notification, then the notice of offense and failure of paying the fine will be referred to the Town of Beekman Courts in the form of an appearance ticket. Said notice shall be sent to the owner of the property or the agent of such owner by registered or certified mail, return receipt requested, addressed to the last known address or served personally upon said owner or agent.
Each day's continued violation of this chapter shall constitute a separate,
additional offense.
RESOLUTION 9:27:04 - 5 RE: Personnel Change from Seasonal to Permanent Full Time-Maintenance Department Councilwoman Barbara Zulauf offers the following and moves its adoption:
WHEREAS, the Maintenance Department finds it necessary to amend this position to a full time permanent position in order to adequately maintain the Town’s numerous buildings and properties; and WHEREAS, the seasonal laborer position is currently held by Todd Buckley; and WHEREAS, Gregory Brown, head of Maintenance, recommends Mr. Buckley for said full time permanent laborer position as he has been performing his duties in an commendable manner; now therefore be it RESOLVED, that a personnel change be filed with Dutchess County Personnel amending Todd Buckley’s position to a full time permanent laborer.
RESOLUTION 9:27:04 - 6 RE: Planning Board Appointment – Michael Gallina
WHEREAS, the Town Board will make appointments to the various boards; now therefore be it RESOLVED, that upon conducting interviews the following candidate is hereby appointed to fill this vacancy for the term expiring December 31, 2005:
ROLL CALL VOTE:
RESOLUTION 9:27:04 - 7 RE: Authorizing Comptroller to Attend Conference
WHEREAS, the Comptroller for the Town of Beekman has requested authorization to attend said training session, which is free of charge to municipalities; now therefore be it RESOLVED, that William Brady is hereby authorized to attend said conference.
ROLL CALL VOTE:
RESOLUTION 9:27:04 - 8 RE: Authorizing the Highway Department to Purchase Two Stainless Steel Sanders Councilman Thomas Kinsley offers the following and moves its adoption:
WHEREAS, three quotations for two stainless steel sanders have been received and reviewed by the Highway Superintendent; now therefore be it RESOLVED, that the Highway Superintendent is hereby authorized to purchase two Smith Model SSVMD-9 Stainless Steel Dual Hydraulic Sanders at a cost of $5,368.00 each from Expanded Supply Products, Inc.
RESOLUTION 9:27:04 - 9 RE: Authorization to Begin the SEQR Process-Town Center Plan & Ordinance Councilwoman Stella Slattery offers the following and moves its adoption:
WHEREAS, this area of the Town has been under a building moratorium; and WHEREAS, under SEQR, (State Environmental Quality Review), the Town Board is the steward of the air, water, land and living resources for this project; and WHEREAS, the proposed changes may have effects upon the environment; now therefore be it RESOLVED, that the Town Board hereby authorizes the Town Engineer to begin the SEQR review process.
ROLL CALL VOTE:
RESOLUTION 9:27:04 - 10 RE: Authorization for Additional Stormwater Conference Attendee Supervisor John Adams offers the following and moves its adoption:
WHEREAS, the $55.00 fee is included in the 2004 Planning Board budget; now therefore be it RESOLVED, that Sean Johnston & Elizabeth Maddock are hereby authorized to attend the Stormwater Conference.
Dated: September 27, 2004
RESOLUTION 9:27:04 - 11 RE: Authorizing Replacement of Siding – Town Hall
WHEREAS, replacing this exterior siding with buckskin shingle siding would create rhythm and balance resulting in the exterior being integrated and related to the total façade design; and WHEREAS, in accordance with the Town’s Procurement Policy, proposals for the replacement of said siding has been received and reviewed; now therefore be it RESOLVED, that the attached proposal from Beacon Construction for $3,425.00 be and hereby is accepted.
ROLL CALL VOTE:
RESOLUTION 9:27:04 - 12 RE: To Set Hearing on “Tree Removal Ordinance”
WHEREAS, the benefits of protecting the trees in our community is vast; and WHEREAS, pursuant to Town Law and Section 10 of the Municipal Home Rule Law the Town Board wishes to establish the attached “Tree Removal Ordinance” to prevent the unnecessary removal of trees within the Town of Beekman; now therefore be it RESOLVED, that a public hearing on said Local Law providing for enactment and enforcement of a Town of Beekman Tree Removal Law be held on the 18th of October, 2004 at 7:15 o’clock p.m. at the Town Hall, 4 Main Street, Poughquag, in the Town of Beekman, New York, and that notice of the time and place of such hearing and setting forth the proposed amendment, be published once on or before the 8th day of October, 2004 in the Poughkeepsie Journal, a newspaper circulating in the Town of Beekman; and be it further RESOLVED, that copies of the proposed Local Law will be available for examination and inspection in the office of the Town Clerk of the Town of Beekman between the hours of 9:00 a.m. and 4:00 p.m. on all business days.
Dated: September 27, 2004
RESOLUTION 9:27:04 - 13 RE: Authorizing Waiver of Application Fees Camp Ludington WWTF Upgrade
WHEREAS, the Girl Scouts of Westchester Putnam, Inc., a non-profit organization, has requested the Planning Board application fees be waived; now therefore be it RESOLVED, that the Town Board of the Town of Beekman hereby waives the application fees associated with the construction of the Wastewater Treatment Upgrade project.
Dated: September 27, 2004
RESOLUTION 9:27:04 - 14 TREE REMOVAL LAW OF THE TOWN OF BEEKMAN LOCAL LAW No. OF 2004 BE IT ENACTED by the Town Board of the Town of Beekman, State of New York, as follows:
It is the purpose of this Local Law to enact Chapter xxx of the Code of the Town of Beekman, New York, regarding Tree Removal. SECTION 2: Chapter xxx of the Code of the Town of Beekman is to read as follows: § xxx-1. Findings. The Town Board of the Town of Beekman finds that it has been established that trees stabilize the soil and control water pollution by preventing soil erosion and flooding, reduce air pollution, provide oxygen, yield advantageous microclimatic effects, temper noise, provide a natural habitat for the wildlife of the town, and further, that unusual, large and old trees have unique aesthetic and historic values. Indiscriminate removal of trees causes deprivation of these-benefits and disrupts the town’s ecological systems. It is, therefore, the purpose of this chapter to prevent the indiscriminate or unnecessary removal of trees within the Town of Beekman. § xxx-2. Definitions. As used in this section the following terms shall have the meanings indicated: DBH (DIAMETER BREAST HEIGHT): The diameter of a tree measured at a point four and one-half (4 ½) feet above the ground. FOREST OR WOODED AREA: An ecosystem supporting a dense growth of trees and other plants covering a large area. TOWN ENGINEER Any person or firm employed by the Town of Beekman as the ‘Town Engineer. TREE: A large woody plant usually having one (1) self-supporting stem or trunk and numerous branches, normally expected to attain heights in excess of twenty (20) feet and having a stump in diameter of at least four (4) inches TREE REMOVAL: The clearing, cutting, uprooting, removing or any other similar activity of any tree or trees within a forest or wooded area having a trunk diameter of foot (4) inches or greater, measured at a height of four and one half (4 .½) feet above the ground (DBH) § xxx-3. General Restriction. Tree removal of a forest or wooded area shall riot be permitted on any lot in any zoning district unless conducted as part of an approved site plan, an approved final subdivision construction plan, or pursuant to a Town Timber Harvesting permit, or because of health, safety and welfare issues. § xxx-4. Limits Associated With Site Plan Development. Limits associated with site plan development. Proposed tree removal conducted as part of the development of site plans shall be limited to the cutting of trees for the purpose of establishing a roadway, appropriate drainage, and appropriate grading. Such cutting shall be limited to an area within ten (10) feet of the proposed roadway or five (5) feet of proposed drainage or grading areas. Prior to any tree removal of an area larger than described above, the approval of the Code Enforcement Officer shall be required. § xxx-5. Limits Associated With Building Permits. Limits associated with building permits. Tree removal conducted as part of an approved building permit shall be limited to the cutting of trees for the purpose of establishing a driveway, a septic system, a well, accessory structures and a principal building. Such cutting shall be limited to an area within thirty (30) feet of the principal building and within five (5) feet of all other improvements. Prior to the removal of an area larger than that described above, the approval of the Code Enforcement Officer shall be required, and the Building Inspector shall, after receipt of a fee in the amount or amounts set by resolution of the Town Board, refer the application to the Code Enforcement Officer for a determination of the appropriateness of the proposed. The Code Enforcement Officer shall have thirty (30) days after receipt of payment to make his/her recommendations. § xxx-6. Penalties for Offenses. I. Stop-work orders. The Code Enforcement Officer may issue a stop-work order when he or she finds that the permittee/applicant is in violation of the provisions of applicable laws, ordinances and/or regulations, has not complied with any term of such permit issued pursuant to this chapter, has exceeded the authority granted in the permit or has failed to undertake or complete the project in the manner set forth in the permit. A stop-work order shall be issued by notifying the permittee performing the work to suspend all work. Any person served with a stop-work order shall forthwith suspend all activity until the stop-work order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which work may be resumed and shall be served upon the person to whom it is directed either by delivering it to the individual personally or by posting the same upon a conspicuous portion of the area and sending a copy of the same, by registered or certified United States mail, return receipt requested, to the permittee at the address shown on the permit or approval. The Code Enforcement Officer, in consultation with the Town Engineer, must inspect and approve corrective actions prior to any lifting of a stop-work order issued. 2. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including any infraction of a condition of a permit issued pursuant to this chapter, shall constitute a violation. Any person, firm, partnership, corporation or other party who violates any provision of this chapter shall, upon conviction thereof, be punishable by a fine of three hundred fifty ($350.00) dollars per infraction or by a term of imprisonment of not more than fifteen (15) days, or both. The imposition of any such penalty for the violation of this chapter shall not excuse such violation nor permit the continuance thereof. The application of the above penalty or penalties for a violation of the provisions of this chapter shall not be held to prevent the removal of conditions prohibited by such legal means as may be proper. 3. In addition to the foregoing, if there is any damage due to violation of this chapter or if any soil, liquid or other material is caused to be deposited upon or to roll, flow or wash upon any public property, private property or right-of-way in violation of this chapter, the person, firm, partnership, corporation or other party responsible shall be notified and shall cause the same to be removed from such property or way within thirty-six (36) hours of notice. In the event of an immediate danger to the public health or safety, notice shall be given by the most expeditious means; the violation may then be remedied by the town. The cost of such remedy by the town shall be paid to the town by the party who failed to so remedy. 4. Every day that a violation of any of the provisions of this chapter occurs shall constitute a separate violation of this chapter. § xxx-7. Compliance with other Standards. Compliance with other standards. All development and improvements allowed by right or allowed by permit shall also conform to all rules and regulations contained in the Code of the Town of Beekman and all other applicable laws and regulations. SEC TION 3: EFFECTIVE DATE This Local Law shall take effect immediately upon its adoption by the Town Board of the Town of Beekman pursuant to law and upon compliance with the applicable provisions of the New York Municipal Home Rule Law. SECTION 4: SEVERABLITY The invalidity of any words, section, clause, paragraph, sentence, part
or provision of this local law shall not affect the validity of any other
part of this local law which can be given effect without such invalid
part or parts.
RESOLUTION 9:27:04 - 15 BOND RESOLUTION, DATED SEPTEMBER 27, 2004, AMENDING A BOND REOSLUTION ADOPTED ON MAY 1, 2000 AND AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $350,000 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 INCREASED COSTS OF THE IMPROVEMENTS OF THE FACILITIES OF THE DOVER RIDGE SEWER DISTRICT IN AND FOR THE TOWN AND AUTHORIZING THE MAKING OF SUCH IMPROVEMENTS Councilmember Barbara Zulauf offered the following resolution and moved its adoption, which resolution was declared adopted after a poll of the members of this Board: WHEREAS, the Town of Beekman, County of Dutchess ("Town") on May 1, 2000 previously authorized $675,000 for the construction, reconstruction, and improving of the facilities of the Dover Ridge Sewer District in and for the Town and now desires to amend said resolution to increase said authorized amount; and WHEREAS, all necessary Federal, State of New York, County of Dutchess and local permits, approvals and determinations of environmental impact of the purpose hereinafter referred to have been obtained or will have been obtained prior to the expenditure of proceeds of obligations to be authorized pursuant to this bond resolution; provided, however, that the proceeds of obligations to be authorized pursuant to this bond resolution may be expended to conduct concurrent environmental, engineering, economic, feasibility and other studies to undertake preliminary planning processes required to determine whether such purpose is subject to the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder by the New York State Department of Environmental Conservation; and WHEREAS, it is hereby determined pursuant to the provisions of the State
Environmental Quality Review Act, Part 617 of 6 N.Y.C.R.R. that the purpose
described in this bond resolution is a "Type II" Action within
the meaning of Section 617.5(c) of 6 N.Y.C.R.R., and does not have a significant
effect on the environment and does not require an environmental impact
statement or any other determination under the State Environmental Quality
Review Act, or a "Type I" Action and all necessary approvals
and action have been obtained and accomplished prior to the date hereof,
and a record of such determination shall be maintained in a file, readily
accessible to the public, at the office of the Town Clerk; and, 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. Sections 1, 2 and 3 of the bond resolution dated May 1, 2000 as more fully described above are hereby amended to read as follows: Section 1. In order to finance the specific objects or purposes hereinafter described, the Town of Beekman (the "Town"), in the County of Dutchess, State of New York, shall issue its Serial Bonds in the aggregate principal amount of $1,025,000 pursuant to the Local Finance Law of New York. Section 2. The specific objects or purposes (hereinafter referred to as "purposes") to be financed by the issuance of such Serial Bonds are the costs to the Town to increase and improve the facilities of the District by the construction of sewage pump facilities, septic tanks, treatment units and sewer lines, and including related and necessary appurtenances, machinery, apparatus and improvements at an estimated maximum cost of $1,025,000 and such proposes are hereby authorized to be undertaken by the Town. Section 3. It is hereby stated that (a) the estimated maximum cost of the purposes is $1,025,000, (b) the Town Board plans to finance such purposes by the use of $1,025,000 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 purposes except for $675,000 previously authorized pursuant to said May 1, 2000 resolution. The amount authorized to be applied to such purposes 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 purposes, including any of the $327,250 grant moneys received or to be received from the State of New York under the 1996 Clean Air and Water Bond Act. Such grant moneys are hereby appropriated to the purposes. Section 4. 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. The Town intends to issue the obligations authorized by this bond resolution to finance the cost of such purposes 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 purposes 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 purposes 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 purposes which shall be reimbursed from the proceeds of such obligations. Section 8. 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 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, (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 filing of an application for Clean Water State Revolving Fund assistance in the form required by the New York State Environmental Facilities Corporation (the "Corporation") in conformity with the Corporation's enabling law is hereby authorized, including all understandings and assurances contained in said application. The Town Supervisor, as chief elected officer and chief fiscal officer, are each directed and authorized as the official representatives of the Town to execute and deliver an application for assistance from the Corporation, to execute and deliver the Project Financing and Loan Agreement, the Certificate of Determination, the Facility Note in an amount not to exceed $1,025,000.00, and any other documents necessary to receive financial assistance from the Corporation for the purposes, to act in connection with the purposes, to provide such additional information as may be required, and to make such agreements on behalf of the Town as may be required. 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 purposes. Section 12. This bond resolution shall take effect immediately upon its adoption by the Town Board of the Town. Dated: Poughquag, New York September 27, 2004 Seconded by Councilmember Thomas Kinsley. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Werner Stiegler VOTING AYE Councilwoman Stella Slattery VOTING AYE Councilman Thomas Kinsley VOTING AYE Councilwoman Barbara Zulauf VOTING AYE Supervisor John D. Adams VOTING AYE The bond resolution was declared adopted by the affirmative vote of
not less than two-thirds of the voting strength of the Town Board. The
Town Board then considered other matters.
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