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2025066

RESOLUTION AUTHORIZING PRELIMINARY PLANNING EXPENSES FOR THE SLOPE STABILIZATION PROJECT ON SOUTH MILL ROAD IN THE TOWN OF RHINEBECK, IN AND FOR THE COUNTY OF DUTCHESS, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $378,750, AND AUTHORIZING THE ISSUANCE

Introduced
May 11, 2025
Latest action
May 11, 2025
Status
ADOPTED
District coverage
scope: countywide

Document text

Extracted from the official document; OCR may contain errors.

PUBLIC WORKS & CAPITAL PROJECTS RESOLUTION NO. 2025066 BOND RESOLUTION DATED MAY 12, 2025. A RESOLUTION AUTHORIZING PRELIMINARY PLANNING EXPENSES FOR THE SLOPE STABILIZATION PROJECT ON SOUTH MILL ROAD IN THE TOWN OF RHINEBECK, IN AND FOR THE COUNTY OF DUTCHESS, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $378,750, AND AUTHORIZING THE ISSUANCE OF $378,750 BONDS OF SAID COUNTY TO PAY THE COST THEREOF WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant impact on the environment; and WHEREAS, it is now desired to authorize the financing of such capital project, NOW, THEREFORE, BE IT RESOLVED, by the County Legislature of the County of Dutchess, New York, as follows: Section 1. Preliminary planning expenses for the slope stabilization project on South Mill Road in the Town of Rhinebeck, in and for said County, including incidental expenses in connection therewith, are hereby authorized at a maximum estimated cost of $378,750. Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of $378,750 bonds of the County hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 (2"d) of paragraph (a) of Section 11.00 of the Local Finance Law. 4150-4760-7387.1 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 bonds herein authorized, including renewals of such notes, is hereby delegated to the Commissioner of Finance, 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 Commissioner of Finance, consistent with the provisions of the Local Finance Law. Section 5: All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Commissioner of Finance, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Commissioner of Finance shall determine consistent with the provisions of the Local Finance Law. Section 6. The faith and credit of said County of Dutchess, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. -2- Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County 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 Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in The Poughkeepsie Journal and the Southern Dutchess News, the official newspapers of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. CA-044-25 G-0145-B CEB/jw 04/14/2025 Fiscal Impact: See Attached. -3- CERTIFICATION FORM STATE OF NEW YORK COUNTY OF DUTCHESS ) SS.: ) I, the undersigned Clerk of the County Legislature of the County of Dutchess, New York (the "Issuer"), DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the County Legislature of said County, including the resolution contained therein, held on May 12, 2025, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that said County Legislature consists of 25 members; that the vote on the foregoing resolution was 25 ayes and 0 noes, with 0 members being absent or abstaining from voting. I FURTHER CERTIFY that the foregoing resolution as adopted by said County Legislature was duly approved by the County Executive of said County on May 15, 2025, in accordance with the provisions of Section 3.02 of the Dutchess County Charter. I FURTHER certify that all members of said Legislature had due notice of said meeting, and that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public, and that I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: 4150-4760-7387.1 Newspaper and/or other news media Date given Southern Dutchess News Poughkeepsie Journal May 9, 2025 May 9, 2025 and that I further duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting 22 Market Street, 6* Floor, County Office Building Poughkeepsie, NY 12601 May 9, 2025 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Legislature this 13 day of May, 2025. LEIGH WAGER Clerk, County Legislature APPROVED susan serio SUSAN J. SERINO COUNTY EXECUTIVE Do. 5/15/2025 -2- 4150-4760-7387.1 Year 1 2 3 4 5 PRIN O/S $378,750 303,000 227,250 151,500 75,750 2025 CR 85 Planning for repair/reconstruction PRIN PAYMENT INTEREST $75,750 $14,620 75,750 11,696 75,750 8,772 75,750 5,848 75,750 2,924 $378,750 $75,750 $43,859 $8,772 TOTAL AVG. PER YEAR FISCAL IMPACT STATEMENT TOTAL PRINCIPAL $378,750 ANTICIPATED INTEREST RATE (1) TERM 5 YEARS ANTICIPATED FEES: ANTICIPATED ANNUAL COST (PRIN + INT): TOTAL PAYBACK (ANNUAL COST × TERMS): PREPARED BY HEIDI SEELBACH (Rate is subject to change based upon a) maket conditions at time of debt issuance and b) term of financing which is dependent upon the structuring of all debt issued when this project is ultimately financed. TOTAL $90,370 87,446 84,522 81,598 78,674 $422,609 $84,522 3.86% $3,750 $84,522 $422,609 H0646 - CR-85 Slope Improvements APPROPRIATIONS Increase H0646.5110.4401.105 H0646.5110.3900 Professional Services consultants Bond Issuing Costs REVENUES Increase H0646.5110.57100 Serial Bonds $375,000 $3,750 $378,750 $378,750 $378,750 SUE SERINO COUNTY EXECUTIVE ROBERT H. BALKIND, P.E. COMMISSIONER DAVID C. WHALEN DEPUTY COMMISSIONER DUTCHESS COUNTY GOVERNMENT DEPARTMENT OF PUBLIC WORKS MEMORANDUM TO: Rachel Kashimer, Deputy County Executive FROM: Robert H. Balkind, P.E., Commissioner DATE: April 7, 2025 RE: RESOLUTION REQUEST - BUDGET AMENDMENT TO CAPITAL PROJECT H0646, PROJECT FUNDING FOR PROFESSIONAL SERVICES FOR DETAILED DESIGN AND BID DOCUMENT PREPARATION, CR 85 (SOUTH MILL ROAD) SLOPE FAILURE, TOWN OF RHINEBECK, NY In July of 2024 County Route 85 (South Mill Road) in the Town of Rhinebeck was closed to all traffic due to a significant settlement of the road embankment. In November 2024, the Legislature authorized $100,000 for an engineering analysis of the slope and roadbed and included preliminary design of slope stabilization concepts to address a deep slope failure under the road embankment which caused this condition. This funding created Capital Project H0646. DPW's Engineering Division solicited for proposals for the engineering analysis and hired Tectonic Engineers to perform a slope stability analysis and provide recommendations for repair alternatives for the slope failure and road reconstruction. This work has been completed, and the Department now has a concept for the needed repairs, and an approximate cost for construction phase services. There is approximately $15,000 of authorized funding within Project H0646 that has not been spent on the engineering analysis, and therefore the Department is seeking to utilize this surplus funding towards future project costs, including detailed design and/or construction phase activities. The next step is to amend Capital Project H0646 by adding additional funding to employ Tectonic engineers to develop detailed designs, prepare bid documents (plans and specifications) and provide an estimate of construction costs. These professional services will cost approximately $350,000 based on a fee proposal from Tectonic Engineers. The Department is seeking $375,000 which includes a $25,000 (7%) design contingency. If funding is authorized, the Department expects to issue a solicitation for construction services in late 2025. The Department will submit a request for construction phase costs in August 2025. 626 Dutchess Turnpike, Poughkeepsie, New York 12603 | (845) 486-2085 | www.dutchessny.gov Public Works and Capital Projects Roll Call District Name District 7 - Hyde Park and Pleasant Valley Truitt* District 25 - Amenia, Washington, Pleasant Valley & Millbrook Houston* District 3 - LaGrange Polasek* District 16 - Fishkill and Beacon Valdés Smith* District 9 - City of Poughkeepsie Atkins* District 1 - Town of Poughkeepsie Gorman District 10 - City of Poughkeepsie Johnson (VC) District 12 - East Fishkill Metzger (C) District 13 - East Fishkill and Wappinger Paoloni District 15 - Wappinger Faust District 20 - Red Hook, Tivoli, and Rhinebeck Munn District 23 - Pawling, Beekman and East Fishkill Rolison Present: Absent: Resolution: Motion: Total : Abstentions: Vacant: Yes No Absent Yes No 2025066 RESOLUTION AUTHORIZING PRELIMINARY PLANNING EXPENSES FOR THE SLOPE STABILIZATION PROJECT ON SOUTH MILL ROAD IN THE TOWN OF RHINEBECK, IN AND FOR THE COUNTY OF DUTCHESS, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $378,750, AND AUTHORIZING THE ISSUANCE OF $378,750 BONDS OF SAID COUNTY TO PAY THE COST THEREOF MAY 8, 2025 Roll Call Sheets District Present: Absent: Vacant: District 7 - Hyde Park and Pleasant Valley District 25 - Amenia, Washington, Pleasant Valley & Millbrook District 3 - LaGrange District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie District 1 - Town of Poughkeepsie District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie District 4 - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 8 - City and Town of Poughkeepsie District 10 - City of Poughkeepsie District 11 - Clinton, Pleasant Valley, and Rhinebeck District 12 - East Fishkill District 13 - East Fishkill and Wappinger District 14 - Wappinger and Town of Poughkeepsie District 15 - Wappinger District 17 - Town and Village of Fishkill District 18 - City of Beacon and Fishkill District 19 - North East, Stanford, Pine Plains, Milan & Red Hook District 20 - Red Hook, Tivoli, and Rhinebeck District 21 - East Fishkill District 22 - Beekman and Union Vale District 23 - Pawling, Beekman and East Fishkill District 24 - Dover and Pawling 2 б Resolution: _ Motion: Last Name Truitt Houston Polasek Valdés Smith Atkins Gorman Travelpiece Lawler D'Aquanni Kaul Brendli Johnson Kearney Metzger Paoloni Versaci Faust McHoul Page Drago Munn Caswell Garito Rolison House Total : Abstentions: YES NO Yes No 2025066 RESOLUTION AUTHORIZING PRELIMINARY PLANNING EXPENSES FOR THE SLOPE STABILIZATION PROJECT ON SOUTH MILL ROAD IN THE TOWN OF RHINEBECK, IN AND FOR THE COUNTY OF DUTCHESS, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $378,750, AND AUTHORIZING THE ISSUANCE OF $378,750 BONDS OF SAID COUNTY TO PAY THE COST THEREOF MAY 12, 2025