Resolution Amending Bond Resolution for WWTP Phase 2 Construction

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12026-07-13
Resolution of the Village of Red Hook, New York, Adopted July 13, 2026, Amending the Bond Resolution Adopted on February 10, 2025, Relating to the Construction of Improvements to the Village's Wastewater Treatment Plant (Phase 2)
inline resolutionmeeting · 2026-07-13 · resolution 34-2026 · passed
22026-07-13
Resolution Amending Bond Resolution for WWTP Phase 2 Construction
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EXTRACT OF MINUTES

Meeting of the Board of Trustees

of the Village of Red Hook,

in the County of Dutchess, New York

July 13, 2026

A regular meeting of the Board of Trustees of the Village of Red Hook, in the County of Dutchess, New York, was held at the Village Hall, 7467 South Broadway, Red Hook, New York, on July 13, 2026

There were present: Hon. Karen Smythe, Mayor; and

Trustees:

There were absent:

Also present: Jen Cavanaugh, Village Clerk

offered the following resolution and moved its

adoption:

RESOLUTION OF THE VILLAGE OF RED HOOK, NEW YORK, ADOPTED JULY 13, 2026, AMENDING THE BOND RESOLUTION ADOPTED ON FEBRUARY 10, 2025, RELATING TO THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE’S WASTEWATER TREATMENT PLANT (PHASE 2)

Recitals

WHEREAS, the Board of Trustees of the Village of Red Hook, in the County of Dutchess, New York, has heretofore duly authorized the construction of improvements to the Village’s wastewater treatment plant (Phase 2), as described in the engineer’s report prepared by Delaware Engineering, D.P.C. dated June 2024, at the estimated maximum cost of $20,000,000 pursuant to the bond resolution adopted by the Board of Trustees on February 10, 2025; and

WHEREAS, it has now been determined that the estimated cost of such project shall be $28,000,000, and it is in the public interest to increase said appropriation by $8,000,000 and to increase the principal amount of bonds authorized by a like amount;

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF RED HOOK, IN THE COUNTY OF DUTCHESS, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Board of Trustees) AS FOLLOWS:

Section (A) The bond resolution of the Village of Red Hook duly adopted by the Board of Trustees on February 10, 2025, entitled:

“Bond Resolution of the Village of Red Hook, New York, adopted February 20, 2025, authorizing the issuance of bonds in a principal amount not to exceed $20,000,000 to finance the construction of improvements to the Village’s wastewater treatment plant (Phase 2), stating the estimated maximum cost thereof is $20,000,000 and appropriating said amount for such purpose,”

is hereby amended to read as follows:

BOND RESOLUTION OF THE VILLAGE OF RED HOOK, NEW YORK, ADOPTED FEBRUARY 10, 2025, AND AMENDED JULY 13, 2026, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $28,000,000 TO FINANCE THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE’S WASTEWATER TREATMENT PLANT (PHASE 2), STATING THE ESTIMATED MAXIMUM COST THEREOF IS $28,000,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE

THE BOARD OF TRUSTEES OF THE VILLAGE OF RED HOOK, IN THE COUNTY OF DUTCHESS, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Board of Trustees) AS FOLLOWS:

Section 1. The Village of Red Hook, in the County of Dutchess, New York (herein called the “Village”), is hereby authorized to issue bonds in a principal amount not to exceed $28,000,000 pursuant to the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance the construction of improvements to the Village’s wastewater treatment plant (Phase 2), as described in the engineer’s report prepared by Delaware Engineering, D.P.C. dated June 2024 and revised July 2026.

Section 2. The estimated maximum cost of the project described herein, including

preliminary costs and costs incidental thereto and the financing thereof, is $28,000,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in a principal amount not to exceed $28,000,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Village to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that grant

funds shall be received to pay a part of the cost of the project, and any such grant funds received or any other funds appropriated by the Village for the project are authorized to be applied to the cost of said project and the principal amount of bonds or notes issued shall be reduced by the amount of such other funds so appropriated and expended.

Section 2. Bonds of the Village in the principal amount of $28,000,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation.

Section 3. The following additional matters are hereby determined and declared:

(a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40) years.

(b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Village for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.

Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of

said bonds, shall be general obligations of the Village, payable as to both principal and interest by general tax upon all the taxable real property within the Village. The faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Village by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Board of Trustees relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Village Treasurer, the chief fiscal officer of the Village.

Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such 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

Section 7. This bond resolution is subject to a permissive referendum and the Village Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the official newspaper of the Village , having a general circulation within said Village, and posted in at least six (6) public places and in each polling place in the Village, a Notice in substantially the form appearing in Exhibit A hereto.

Section 8. The Village Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the official newspaper of the Village , having a general circulation within said Village, together with a Notice in substantially the form as provided by Section 81.00 of the Law.

Section (B) The amendment of the bond resolution as set forth in Section (A) of this resolution shall in no way affect the validity of any liabilities incurred, obligations issued, or action taken pursuant to said bond resolution prior to amendment, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as amended.

Section (C) Said bond resolution, as amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution and requesting that it be submitted to the electors of said Village for their approval or disapproval is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution

adopted on February 10, 2025, shall not be in any way affected and shall remain in full force and

effect.

==> picture [51 x 10] intentionally omitted <==

The adoption of the foregoing resolution was duly put to a vote on roll call, which

resulted as follows:

AYES:

NOES:

The resolution was declared adopted.

Changes between versions

2026-01-12→2026-01-13

substantive change+54 −46

The equipment being leased changed from 6 VHF portable units to 7 VHF mobile units, and the monthly lease rate was reduced from $312.00 to $199.50.

Title changed from 'Lease Agreement for VHF Portable Radio Equipment' to 'Equipment Lease Agreement — NY Communications Company, Inc.'
Document date changed from 2026-01-12 to 2026-01-13
Equipment description changed from '6 NX-5200K2-RRE EXISTING VHF PORTABLE WITH ALL ACCESSORIES' to '7 NX-3720HGK VHF MOBILE 136-174MHz, 50W, 512 CHANNELS / 128 ZONES'
Monthly lease rate changed from '$312.00 per month' to '$199.50 mo'
Added section: '(4) PATENT INDEMNITY'
Added section: '(5) OPTION TO RENEW'
Added section: '(8) GOVERNMENT AUTHORIZATIONS'

Show red-line diff

**`NEW YORK COMMUNICATIONS COMPANY, INC. |tease ORDER: 287450-00 DATE: 1/13/26 53 WestWEST CedarCEDAR Street-STREET Poughkeepsie-¢ POUGHKEEPSIE, NY 12601`** NY: co **`(845) - 471-5520, orFAX+ 1(845) -800 471-NYCOMCO`**5593 Wireless; LEASESALESREP::#:SALESREP::#:#: . MARC MCGORY-SLE-00-SLE-00 al Communications ~~2s~~ WWW.NYCOMCO.COM EXPIRATION DATE: `LeaseDATE: No1/13/26 LEASESALESREP::#:SALESREP::#:#: .18125SLE01` MARC MCGORY-SLE-00-SLE-00 EXPIRATION DATE: Lease Renewal ## **`LEASE==> AGREEMENT`picture [89 x 18] intentionally omitted <==** New **----- York Communications Company, Inc. as Lessor hereby agrees to lease to the undersigned as Lessee subject to the terms and conditionsStart of thepicture facetext and on the reverse side hereof, the following equipment: NO. OF UNITS MODEL DESCRIPTION 6 NX-5200K2-RRE EXISTING VHF PORTABLE WITH ALL ACCESSORIES ~~es~~ ~~a~~ ~~a ~~~~---**GO oye= lease **~~ ~~esa~~ ~~Oe~~ ~~a~~ ~~esa~~ ~~Oe~~ ~~a----- GO~~ ~~esa~~ ~~Oe~~ ~~aGO~~ LocationEnd of Equipmentpicture text -----** Biil To: 7467 SOUTH BROADWAY,1073 RED HOOK NY 12571 The lease rate $312.00 per month for 72 months for a period of 6 year(s) (called herein the lease term) commencing on the first day of the month following the date of installation of the equipment. Lessee agrees to pay an annual payment of three thousand seven hundred and forty four dollars and no cents ($3,744.00) for a period of 6 year(s) from the effective date of the contract. The first monthly payment shall be due on the first day of the new lease term and the succeeding month until all said number of monthly payments shall have been paid. In the event any payment remains unpaid for a period of sixty (60) days or more after becoming due, Lessor may declare Lessee to be in default by notice in writing, and Lessor may retake possession of any or all of the leased equipment with or without process of law, and without demand or further notice. **The Lessor will install the equipment after Lessor receives notice of FCC approval when applicable.** Shipment shall be f.o.b. Lessor's plant, and Lessor shall not be liable for delays in delivery or failure to manufacture or deliver (1) due to causes beyond its reasonable control or (2) to acts of God, acts of the Lessee, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation or car shortages, or (3) inability due to causes beyond its reasonable control to obtain necessary labor, materials, components or manufacturing facilities. In the event of any such delay, the date of installation shall be extended for a period equal to the time lost by reason of the delay. SIGNED: New York Communications Company Inc. BY: Robert M. Sivco- President **President** Effective Date: End Date: **(To be filled in by NYCOMCO)** NAME: RED HOOK PDHWY VIL ADDRESS: 74877467 S BROADWAY RED HOOK NY 12571 CUSTOMER SIGNEDCONTACTS: DATEJAKE SMITH PHONE: ``` IT IS(845) FURTHER444-0866 MODEL AGREEDDESCRIPTION BY7 THE|NX-3720HGK PARTIESVHF MOBILE 136-174MHz, 50W, 512 CHANNELS / 128 ZONES UNIT PRICE 28.50 mo 199.50 mo TOTAL: ``` 199.50 m ## AUTHORIZED SIGNATURE PRINT NAME **==> picture [3 x 2] intentionally omitted <==** **----- Start of picture text -----** ; **----- End of picture text -----** TITLE/DATE _ ## Lease Terms and Conditions (1) ASSIGNMENT.** (a) The Lessor may assign the equity interest of the equipment described in this leasetease to a bank or financial institution. The Lessor will continue to collect the monthly payments due under this lease and will continue to provide service and maintenance of the equipment for the Lessee. No obligation is imposed upon the bank or financial institution to which the equity value of the equipment may be assigned to perform or fulfill any obligations of the Lessor under this lease. The Lessee acknowledges that any claim it may have under this lease shall be asserted against the Lessor only and not against an assignee of the equity value of the equipment. (b) The Lessee may not assign this lease or any right to or use of the. equipment described herein without the written consent of the Lessor first obtained. Notwithstanding an assignment, the Lessee will remain fully obligated under this lease unless specifically released by the Lessor and any person or company which takes over the rights orrightsor obligations under this lease will have all of the rights and will be obligated to keep all of the promises and agreements made herein. (b) notify the Lessor of the name and mailing address of any party having a right or interest in any motor vehicle not unconditionally owned by the Lessee in which any of the equipment listed herein is installed; (c) at the expiration of this lease agreement, return to the Lessor in good condition except for normal wear and tear all leased equipment, together with all parts and accessories added to or installed in the leased equipment; (d) keep the label reading "Property of New York Communications Company, Inc." affixed to all leased equipment at all times, and make . equipment available for Lessor's inspection at reasonable times upon reasonable notice; (e) be responsible during the lease term for loss or theft of all portable radios listed herein and maintain adequate insurance thereon payable to the Lessor and Lessee as their interests may appear; (f) arrange for access by the Lessor or any person acting in its behalf to the location where the leased equipment is to be installed. **(2) DEFAULT** . If the Lessee be adjudicated aadjudicateda bankrupt or there is[filed] filed against it. a petition underler the bankruptcybank laws, orl if any insolvencyinsol proceedings is initiated by or against the Lessee, or if the equipment or any part thereof is encumbered, pledged, or attached, seized or taken under any judicial process, the Lessor or its assignee may at any time terminate this lease agreement and enter any premisesanypremises or vehicles where the leased equipment may be located, without process of law, and remove all said equipment, without prejudice to any other rights or remedies of the lessor or its assignee. **(7)## LIMITATION OF LIABILITY.** In no event shall the Lessor be liable for special or consequential damages. The Lessor's liability on any other claim for loss of liability, arising out of or connected with this lease, or the use of any equipment covered by this lease (including, but not limited to, loss or liability arising from breach of contract) shall in no case exceed the prorated total monthly payment then paid on the particular unit involved in the claim, except as provided in the paragraphs entitled "SERVICE" and PATENTS". **(3) SERVICE.** The performance of equipment and the liability of the Lessor under the service provision is contingent upon maintenance by a qualified communications technician, employed and certified by NYCOMCO. This maintenance is the liability of NYCOMCO andNYCOMCOand is included in the lease charges. **(8)## GOVERNMENT AUTHORIZATIONS** . Neither the Lessor nor any of its employees is an agent or representative of the Lessee and the Lessee is solely responsible for obtaining any required authorizations from the Federal Communications Commission and for compliance therewith. If this lease includes the furnishing of a tower and installation, the Lessee shall have the sole responsibility for obtaining all necessary Federal, State and Local permits or authorizations pertaining thereto. The Lessor will comply with all other applicable Federal, State or Local laws and specifically represents that any goods to be delivered hereunder shall be produced in compliance with the Fair Labor Standards Act of 1938 as amended. Except as herein expressly provided to the contrary, the provisions of this agreement are for the benefit of the parties to the lease and not for the benefit of any other person. **(4) PATENT INDEMNITY** . The Lessor will defend any suit or proceeding brought against the Lessee so far as based on a claim that any leased equipment, or any part thereof, constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information, and assistance (at the Lessor's expense) for the defense of same, and the Lessor shall pay all damages and costs awarded therein against the Lessee. **(5) OPTION TO RENEW** . The Lessee shall have the option to renew this lease agreement at a monthly payment to be determined at or before the expiration of the lease term, by written notice prior to expiration of the lease term by execution of a renewal form. **## (6) LESSEE'S OBLIGATIONS. The Lessee shall (a) keep the equipment described herein at the location designated and shall not move it elsewhere without prior written authorization from the ## Lessor; (b) notify the Lessor of the name and mailing address of any party having a right or interest in any motor vehicle not unconditionally owned by the Lessee in which any of the equipment listed herein is installed: (c) at the expiration ofthis lease agreement, return to the Lessor in good condition except for normal wear and tear all leased equipment, together with all parts and accessories added to or installed in the leased equipment: (d) keep the label reading "Property of New York Communications Company, Inc." affixed to all leased equipment at all times, and make equipment available for Lessor's inspection at reasonable times upon reasonable notice; (e) be responsible during the lease term for loss or theft of all portable radios listed herein and maintain adequate insurance thereon payable to the Lessor and Lessee as their interests may appear; (f) arrange for access by the Lessor or any person acting in its behalf to the location where the leased equipment is to be installed. (7) LIMITATION OF[LIABILITY.][In][ no][event][shall][ the][Lessor][be] liable for special or consequential damages. The Lessor's liability on any other claim for loss of liability, arising out of or connected with this lease, or the use of any equipment covered by this lease (including, but not limited to, loss or liability arising from breach of contract) shallin no case exceed the proratedtotal monthly payment then paid on the particular unit involved in the claim, except as provided in the paragraphs entitled "SERVICE" and PATENTS". ## (8) GOVERNMENT AUTHORIZATIONS. Neither the Lessor nor any of its employees is an agent or representative of the Lessee and the Lessee is solely responsible for obtaining any required authorizations from the Federal Communications Commission and for compliance therewith. If this lease includes the furnishingof a tower and installation, the Lessee shall have the sole responsibility for obtaining all necessary Federal, State and Local permits or authorizations pertaining thereto. The Lessor will comply with all other applicable Federal, State or Local laws and specifically represents that any goods to be delivered hereunder shail be produced incompliance with the Fair Labor Standards Act of 1938 as amended. Except as herein expressly provided to the contrary, the provisions of this agreement are for the benefit of the parties to the lease and not for the benefit of any other person. (9) AMENDMENTS** . This lease agreement (and any amendments attached hereto and signed by both parties) contains the entire understanding between the parties concerning the subject matter hereof and any representation, promise, modification or amendment shall not be binding upon either party unless reduced in writing and signed on behalf of each by a duly authorized representative. ## **(6) LESSEE'S OBLIGATIONS.** The Lessee shall (a) keep the equipment described herein at the location designated and shall not move it elsewhere without prior written authorization from the Lessor;