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2011-04-11 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Agenda ~ Chris Masterson 845-297-5771 Monday, April 11, 2011 6:00 PM Town Hall 6:00 PM Meeting called to order on April 11, 2011 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Salute to the Flag III. Workshop A. Comprehensive Plan/Zoning Amendments B. Town Organizational Reporting IV. Adoption of Agenda V. Minutes Approval Monday, March 28, 2011 VI. Correspondence Log 2011-141. Resolution Authorizing the Acceptance of the Correspondence Log VII. Public Portion VIII. Public Hearings Local Law No._ of the Year 2011, Amending Section 122-16.0.(3) "Returned Check Fee" of the Town of Wappinger Code IX. Discussions A. Town Code 240:108/Building Permit Requirements - Colsey, X. Resolutions 2011-142. Resolution Authorizing the Issuance Pursuant to Section 90.00 or Section 90.10 of the Local Finance Law of Refunding Bonds of the Town of Wappinger, Dutchess County, New York, to be Designated Substantially "Public Improvement Refunding (Serial) Bonds", and Providing for Other Matters in Relation Thereto and the Payment of the Bonds to be Refunded Thereby 2011-143. Resolution Authorizing Refund of Unused Escrow for Anton Subdivision (Account 05-5103) 2011-144. Resolution Authorizing the Acceptance of Bids for Recreation Relative to Portable Toilets for Town Parks and Events 2011-145. Resolution for Recreation to Purchase Clay for the Robinson Lane Recreation Complex 2011-146. Resolution Authorizing Amendments to the 2011 Town of Wappinger Budget in Respect to the Justice Court 2011-147. Resolution Appointing Member to the Town of Wappinger Fire Prevention Bureau XI. Items for Special Consideration XII. New Business XIII. Executive Session A. Adams Street - Attorney Advice XIV. Town Board Review of Vouchers 2011-148. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-149. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XV. Adjournment Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ^' Minutes — Chris Masterson Present 845-297-5771 Monday, April 11, 2011 6:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present 6:03 PM Vincent Bettina Town of Wappinger Councilman Present 6:25 PM Ismay Czarniecki Town of Wappinger Councilwoman Present 6:15 PM Joseph Paoloni Town of Wappinger Councilman Present Vincent Bettina Al Roberts Town of Wappinger Town Attorney Present 11❑ Bob Gray Town of Wappinger Engineer to the Town Present ❑ David Stolman Town of Wappinger Town Planner Present Voter Supervisor Colsey Statement Supervisor Colsey stated that, due to the lack of a quorum, there will be a 10 minute recess. II. Salute to the Flag III. Workshop A. Comprehensive Plan/Zoning Amendments B. Town Organizational Reporting IV. Adoption of Agenda V. Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Minutes Approval Monday, March 28, 2011 Vote Record - Acceptance of Minutes for March 28 20117:30 PM Yes/Aye No/Nay, Abstain. Absent Christopher Colsey Initiator 0 ❑ ❑ ❑ 0 Accepted William Beale Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ 11❑ Tabled Ismay Czaf]niecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2011-141 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. Town of Wappinger Page 1 Printed 4/15/2011 Regular Meeting Minutes April 11, 2011 The foregoing was put to a vote which resulted as follows: .—AMI R1 0 Adopted ❑ Adopted as Amended - Christopher Colsey Yes/Aye Voter 0 No/Nay ❑ Abstain 0 Absent ❑ Defeated William Beale Voter p ❑ O ❑ 0 ❑ Tabled Vincent Bettina Voter p ❑ 0 ❑ ❑ WOthdrawn Ismay Czamiecki Seconder 21❑ o ❑ - Jose h Paoloni Initiator a. ❑ Dated: Wappingers Falls, New York April 11, 2011 The Resolution is hereby duly declared adopted. Al. Public Portion Motion To: open the floor for Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Comments The first resident to speak was Mary Schmalz. She stated that she would like to comment first on Resolution 2011-145. She asked what field the beam clay would be going on and how much it would cost. Supervisor Colsey replied that the total cost is $2,625 and it would be used on almost all of the fields. Mrs. Schmalz then asked why the Town Board was going into Executive Session. Al Roberts, Town Attorney, answered that they are going into Executive Session to discuss a legal issue. The next resident to speak was Patrick McVeigh. Mr. McVeigh asked what happened with the topic of replacing the Code Enforcement Officer position that was recently vacated by resignation. Councilwoman Czarniecki replied that the Board has not decided if that position is being filled. Mr. McVeigh pointed out that, with Councilman Bettina making comments about the need for someone to be in the office and available to the public, it might be a good idea to fill the position. Supervisor Colsey stated that the Board has decided to take 30 days to evaluate the situation. He added that it is a slow time of the year for building permits. Discussion followed. Supervisor Colsey pointed out that the topic is not on the Agenda. There were no other comments from the public. Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni VIII. Public Hearings Motion To: open the public hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Local Law No._ of the Year 2011, Amending Section 122-16.0.(3) "Returned Check Fee" of the Town of Wappinger Code Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. Deputy Town Clerk, Christine Fulton, offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Town of Wappinger Page 2 Printed 4/15/2011 r Regular Meeting Minutes April 11, 2011 Hearing). Supervisor Colsey explained that the purpose of the Local Law was to make the Town compliant with State Law with regards to the fee charged for returned checks. The fee is being reduced from $35.00 to $20.00. Discussion followed. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman _ '1 AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Town of Wappinger Page 3 Printed 4/15/2011 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON LOCAL LAW NO._ OF THE YEAR 2011, AMENDING SECTION 122-16.0.(3) "RETURNED CHECK FEE" OF THE TOWN OF WAPPIGNER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 20, 2011, your deponent posted a copy of the "Notice of Public Hearing on Local Law No._ of the Year 2011, Amending Section 122-16.0(3) "Returned Check Fee" of the Town of Wappinger", on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. . hn C. Masterson Town Clerk Town of Wappinger w n to be e e the 6th day of April, 2011 NOTARY PUBLIC CHRISTOPHER COLSEY NOTARY PUBLIC -STATE OF NEW YORK No. 01 C06211010 Qualified in Dutchess County My Commission Expires September 06, 2013 SOUTHERN DU' NORTHERN DU'. 84 EAST MA: WAPPINGERS FAl Affidavit of To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #86472 State of NEW YORK SS: County of DUTCHESS I, JOAN MILLER, being duly sworn, d say: that I am the Publisher of Sou Dutchess News, a weekly newspaper c circulation published in WAPPINGERS County of DUTCHESS, State of NEW YC that a notice, of which the annexed printed copy, was duly published it Dutchess News once on 03/23/11. ti LdLZ Sworn to befo me this 23rd day of March, -14" q/ #Wt4 ANCY I AY16UKE Notary Public, State of No. 01HY6221990 Qualified in DUTCHESS My commission expires on Ju MAR 2 3 2011 TOWN OF WAPPINGER 'OWN CLERK �Pouhheepsd-te 3()urnal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2011 in the City of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 23rd. da of Mar. �— y in the year of 2011land on the following dates thereafter, namely on: rn the y#ar of 2011 both days inclusive. +� S10sc 'bed d sworn to before me this o� y of in theyear of .. —day .. Notary ublic My commission expires I ROSEANN 31MPSON Mary Public, State of New York Qualified in Dutchess 93 C Commission Expires January 4 ty Y 2014 Regular Meeting Minutes April 11, 2011 IX. Discussions A. Town Code 240:108/Building Permit Requirements - Colsey Supervisor Colsey opened the discussion at 7:44 PM. He noted that a resident looking to install a $500 shed on his or her property could be required to pay $1,000 to $2,000 for a survey or plot plan. Barbara Roberti, Zoning Administrator, was present to speak about this issue. Al Roberts, Town Attorney, noted that the Board has discussed the topic in the past. Sheds under 100 square feet do not require a building permit. Supervisor Colsey clarified that this does not apply only to sheds. Ms. Roberti corrected the attorney saying that the Building Department does require building permits for all sheds. She explained how this would also apply to decks. The Board discussed what items should be exempt from permitting requirements. Councilman Bettina felt that permits should be required for things like decks and porches. He did not think that requiring a $2000 survey for a $500 shed was the intent of the Board. Councilman Beale agreed that the Town of Wappinger sometimes tends to make it difficult to do simple things. Discussion followed. Bob Gray, Engineer to the Town, recommended that his office be authorized to present the Board with something to review in order to make a decision. Councilman Beale and Ms. Roberti added that notice should be sent out to the public pertaining to sheds and pools. Ms. Roberti explained that the pool and shed vendors frequently tell their customers that they do not need a permit. The customers are upset to find out, after they have made the purchase, that they do. Supervisor Colsey closed the discussion at 8:00 PM. X. Resolutions RESOLUTION: 2011-142 Resolution Authorizing the Issuance Pursuant to Section 90.00 or Section 90.10 of the Local Finance Law of Refunding Bonds of the Town of Wappinger, Dutchess County, New York, to be Designated Substantially "Public Improvement Refunding (Serial) Bonds", and Providing for Other Matters in Relation Thereto and the Payment of the Bonds to be Refunded Thereby WHEREAS, the Town of Wappinger, Dutchess County, New York (hereinafter, the "Town") heretofore issued $2,085,000 Public Improvement (Serial) Bonds, 2000, pursuant to a bond resolution dated June 26, 2000, to pay a part of the cost of the acquisition of a parcel of land and the buildings thereon (commonly known as the "Greystone Property"), and a bond determinations certificate of the Supervisor dated September 26, 2000 (hereinafter referred to as the "Refunded Bond Determinations Certificate"), such Public Improvement (Serial) Bonds, 2000, being dated October 1, 2000 with remaining maturities on October 1 in the amount of $100,000 in 2011, $110,000 in 2012, $115,000 in 2013, $120,000 in 2014, $125,000 in 2015, $135,000 in 2016, $140,000 in 2017, $150,000 in 2018, $155,000 in 2019, and $165,000 in 2020, as more fully described in the Refunded Bond Determinations Certificate (said bonds, not including the bonds maturing in 2011, being referred to herein as the 'Refunded Bonds"); and WHEREAS, it would be in the public interest to refund all or a portion of the outstanding principal balance of the Refunded Bonds by the issuance of refunding bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law; and WHEREAS, such refunding will only be undertaken if it results in present value savings in debt service as required by Section 90.10 of the Local Finance Law; NOW, THEREFORE, BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the object or purpose of refunding the outstanding principal balance of the Refunded Bonds as more fully set forth in the Refunding Financial Plan (hereinafter defined), including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of such Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on such Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the redemption premium to be paid on such Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy Town of Wappinger Page 4 Printed 4/15/2011 Regular Meeting Minutes April 11, 2011 or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $1,425,000 refunding serial bonds of the Town pursuant to the provisions of Section 90.00 or Section 90.10 of the Local Finance Law (the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $1,295,000, as provided in Section 4 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding serial bond issues. The Refunding Bonds shall each be designated substantially "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND" together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R-11 (or R with the last two digits of the year in which the Refunding Bonds are issued as appropriate) followed by a dash and then from 1 upward, shall be dated on such dates, and shall mature annually on such dates in such years, bearing interest semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the Supervisor pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the manner authorized by paragraph a of Section 57.00 of the Local Finance Law and pursuant to subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and (c) such Refunding Bonds may be issued as a single consolidated issue. It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds, subject to the limitation hereinafter described in Section 10 hereof relating to approval by the State Comptroller. Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the Supervisor shall prescribe which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the Town by lot in any customary manner of selection as determined by the Supervisor. Notice of such call for redemption shall be given by mailing such notice to the registered owners not less than thirty (30) days prior to such date and as otherwise provided in Securities and Exchange Commission Release No. 34-23856, as the same may be amended from time to time. Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date. The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non -certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the bonds in accordance with the Book -Entry -Only system of DTC. In the event that either DTC shall discontinue the Book - Entry -Only system or the Town shall terminate its participation in such Book -Entry -Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case of non -certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to DTC, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book -Entry -Only System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the office of the Supervisor as Fiscal Agent as hereinafter provided). In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the Town maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or last business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the Supervisor providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the Supervisor as fiscal agent of the Town for the Refunding Bonds (collectively the "Fiscal Agent"). Refunding Bonds in certificated form may be transferred or exchanged at any time prior I own oJ wappinger Page 5 Printed 4/15/2011 Regular Meeting Minutes April 11, 2011 to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. The Supervisor, as chief fiscal officer of the Town, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said Town, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the Town, regardless of whether the Refunding Bonds are initially issued in certificated or non -certificated form; provided, however, that the Supervisor is also hereby authorized to name the Town Clerk as the Fiscal Agent in connection with the Refunding Bonds if said Refunding Bonds are issued in non -certificated form. The Supervisor is hereby further delegated all powers of this Town Board with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. The Refunding Bonds shall be executed in the name of the Town by the manual or facsimile signature of the Supervisor, and its corporate seal shall be imprinted or impressed thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law and 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 Supervisor shall determine. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent. Section 3. It is hereby determined that: (a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law; (b) the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for the specific objects or purposes for which such Refunded Bonds were issued is 30 years as to acquisition of land and fifteen years as to acquisition of buildings, calculated from October 1, 2000; (c) the last installment of the Refunding Bonds will mature not later than the expiration of the period of probable usefulness of the specific object or purpose for which said Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law; (d) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, with regard to the Refunded Bonds is as shown in the Refunding Financial Plan described in Section 4 hereof. Section 4. The financial plan for the refunding authorized by this resolution (the "Refunding Financial Plan"), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit A attached hereto and made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in one series to refund all of the Refunded Bonds, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth on Exhibit A attached hereto and made a part of this resolution. This Town Board recognizes that the Refunding Bonds may be issued in one or more series, and for only portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the Town will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit A. The Supervisor is hereby authorized and directed to determine the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or Town of Wappinger Page 6 Printed 4/15/2011 Regular Meeting Minutes April 11, 2011 otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the Supervisor; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.00 or Section 90.10 of the Local Finance Law. The Supervisor shall file a copy of his certificates determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Town Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. Section 5. The Supervisor is hereby authorized and directed to enter into an escrow contract or contracts (collectively the "Escrow Contract") with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said Supervisor shall designate (collectively the "Escrow Holder") for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law. Section 6. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding 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 be annually levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable. Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the Town to be expended to pay interest on the Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise, against the Town irrespective of whether such parties have notice thereof. Section 8. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the Town shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder. Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, in the event such bonds are refunded, the Town hereby elects to call in and redeem Refunded Bonds which the Supervisor shall determine to be refunded at the earliest call date available. The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium, as provided in the Bond Determinations Certificate, and the accrued interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the Town in the manner and within the times provided in the Bond Determinations Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. Section 10. The Refunding Bonds shall be sold at public competitive or at private sale in the manner and for purchase prices to be determined by the Supervisor, plus accrued interest from the date or dates of the Refunding Bonds to the date or dates of the delivery of and payment for the Refunding Bonds. Subject to the approval of the terms and conditions of private sale by the State Comptroller as required by subdivision 2 of paragraph f of Section 90.10 of the Local Town of Wappinger Page 7 Printed 4/15/2011 Resular Meeting Minutes April 11, 2011 Finance Law, the Supervisor, is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the Town providing the terms and conditions for the sale and delivery of the Refunding Bonds to a purchasing underwriter if sold at private sale. After the Refunding Bonds have been duly executed, they shall be delivered by the Supervisor to the purchaser upon the receipt by the Town of the purchase price, including accrued interest. Section 11. The Supervisor and all other officers, employees and agents of the Town are hereby authorized and directed for and on behalf of the Town to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. Section 12. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the Supervisor and all powers in connection thereof are hereby delegated to the Supervisor. Section 13. The validity of the Refunding Bonds 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 14. A summary of this resolution, which takes effect immediately, shall be published in the official newspaper of said Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-142 Yes/Aye No/Nay Abstain Absent a Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jose h Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-143 Resolution Authorizing Refund of Unused Escrow for Anton Subdivision (Account 05- 5103) WHEREAS, on or about March 10, 2005, Joseph Fregosi and Frank Bartolomeo (hereinafter the "Applicants") filed an application for Subdivision Approval for the Anton Subdivision under Application Number 05-5103; and WHEREAS, on or about March 11, 2005, the Applicants deposited Seven Thousand, Five Hundred Dollars ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, the application was approved and the Resolution of Approval was signed by the Planning Board Chairman on May 25, 2006; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Two Thousand, Seven Hundred Seventy -Eight Dollars and 35/100 ($2,778.35) remains in escrow account number 05-5103 and Applicants have requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicants. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicants in the amount of Two Thousand, Seven Hundred Seventy -Eight Dollars and 35/100 ($2,778.35) from escrow account number 05-5103, representing the unused escrow balance for the above project. Town of Wappinger Page 8 Printed 411512011 Regular Meeting Minutes Aoril 11. 2011 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011''-143 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator El ❑ ❑ 0 ❑ Withdrawn Ismay Czamiec❑i Seconder 0 ❑ ❑ 0 Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-144 Resolution Authorizing the Acceptance of Bids for Recreation Relative to Portable Toilets for Town Parks and Events WHEREAS, the Town of Wappinger Supervisor of Buildings and Grounds sought bids for the service of portable toilets for Town parks and events; and WHEREAS, the Town of Wappinger Supervisor of Buildings and Grounds summarized the bid amounts and funding in a letter dated April 5, 2011; and WHEREAS, the following bids were received: . Big Top Portable Toilets $4,863.00 EnviroClean Porta -Potty $4,867.00 M & O Sanitation $4,980.00 Superior Sanitation No Bid Received Jones Sanitation No Bid Received NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby awards the bid for the service of providing portable toilets to Big Top Portable Toilets for the annualized amount of Four Thousand, Eight Hundred Sixty -Three Dollars ($4,863.00) for fiscal year 2011, as funded through budget lines A7110.404, A7110.405 and A7110.409. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-144 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 0 ❑ ❑ 11Defeated William Beale Voter 0 0 ❑ 0 ❑ Tabled Vincent Bettina Seconder 0 ❑ 0 0 ❑ Withdrawn Ismay CzamieckL Initiator _ 0 ❑ 0 0 Joseph Paoloni Voter R1 0 ❑ 0 Dated: Wappingers Falls, New York April 11, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-145 Resolution for Recreation to Purchase Clay for the Robinson Lane Recreation Complex WHEREAS, Town of Wappinger Supervisor of Buildings and Grounds has submitted a written request, dated April 5, 2011, for the purchase of (delivered) Twenty -Five (25) tons of Beam Clay for the Robinson Lane Complex at the cost of Two Thousand, Six Hundred Twenty - Five Dollars and 00/100 ($2,625.00); and WHEREAS, Partac Peat is a sole source provider of Beam Clay within the reasonable delivery area of the Town of Wappinger as formerly verified by the Recreation Chairman, in his memo of March 17, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the purchase of Twenty -Five (25) tons of Beam Clay for the Robinson Lane Complex at the cost of Two Thousand, Six Hundred Twenty -Five Dollars and 00/100 ($2,625.00) from Budget Line A-7110.431. Town of Wappinger Page 9 Printed 411512011 Regular Meeting Minutes The foregoing was put to a vote which resulted as follows: April 11, 2011 ✓ Vote Record - Resolution RES -2011-145 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarmec[Ji Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-146 Resolution Authorizing Amendments to the 2011 Town of Wappinger Budget in Respect to the Justice Court WHEREAS, the Town Justices jointly issued a memo dated April 5, 2011, requesting a budget transfer, a copy of which was provided to the Town Board in support of this resolution; and WHEREAS, the proposed budget amendments do not affect the adopted tax levy for Fiscal Year 2011; and WHEREAS, the proposed budget amendments are as follows: Line Title Budy-et Increase Decrease Al 110.110 Part -time Clerk $3,500.00 $3,500.00 Al 110.199 Comp time $0 $3,500.00 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor and Town Accountant to amend the Town of Wappinger Budget for the 2011 Fiscal Year in accordance with the aforementioned proposed budget amendments. The foregoing was put to a vote which resulted as follows: ✓ Vote Record Resolution RES -2011-146 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 El ❑ ❑ Adopted as Amended William Beale Initiator 0 11 ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czam[Jecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-147 Resolution Appointing Member to the Town of Wappinger Fire Prevention Bureau WHEREAS, the Town of Wappinger is provided fire service protection through the New Hackensack, Hughsonville and Chelsea Volunteer Fire Districts; and WHEREAS, the Town of Wappinger Fire Prevention Bureau is comprised of representatives from each District; and WHEREAS, the Hughsonville Fire District, in a memo dated February 10, 2011, has recommended the appointment of Michael Valentino, Sr., to the Town of Wappinger Fire Prevention Bureau, replacing Ed D'Anna, Captain of the Hughsonville Fire District. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby appoints Michael Valentino, Sr., to the Town of Wappinger Fire Prevention Bureau. Town of Wappinger Page 10 Printed 4115/2011 Regular Meeting Minutes April 11, 2011 XI. The foregoing was put to a vote which resulted as follows: V' Vote Record - Resolution RES -2011-147 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator a ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter a ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2011 The Resolution is hereby duly declared adopted. Items for Special Consideration Motion To: add Resolution 2011-150 to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2011-150 Resolution Authorizing the Adoption of a Local Law Entitled "Local Law No. 2 of the Year 2011, Amending Section 122-16.0.(3) `Returned Check Fee' of the Town of Wappinger Code WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Local Law No. 2 of the Year 2011, Amending Section 122- 16.0.(3) `Returned Check Fee' of the Town of Wappinger Code," for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on April 11, 2011 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board determined that the proposed Local Law is a Type II action pursuant to 6 NYCRR § 617.5(c)(20) and is otherwise exempt from environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "Local Law No. 2 of the Year 2011, Amending Section 122-16.0.(3) `Returned Check Fee' of the Town of Wappinger Code," a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. 4. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. Town of Wappinger Page 11 Printed 4/15/2011 F1 Regular Meeting Minutes April 11, 2011 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-150 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ p Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 12 Printed 411512011 LOCAL LAW NO.2 OF THE YEAR 2011 A Local Law entitled "Local Law No. 2 of the Year 2011, Amending Section 122-16.0. (3) `Returned Check Fee' of the Town of Wappinger Code." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title. This Local Law shall be known and cited as Town of Wappinger "Local Law No. 2 of the Year 2011, Amending Section 122-16.0.(3) `Returned Check Fee' of the Town of Wappinger Code" and by the adoption thereof, shall amend the returned check fee from $35.00 to $20.00. Section H: Legislative Intent. It has been brought to the Town's attention that it is unlawful to charge a returned check fee in an amount to exceed $20.00. The current returned check fee as stated in the Town of Wappinger Code is $35.00 and should be reduced to $20.00. The Town Board hereby determines that it is necessary to amend Section 122-16.0.(3) `Returned Check Fee' of the Town of Wappinger Code to reflect a returned check fee of $20.00. Section III: Amendment to the Code. The following provision of the Town of Wappinger Code is hereby amended to read as follows: § 122-16. Fee Schedule. 0. Miscellaneous fees. (3) Returned check fee: $20.00 Section IV: Numbering for Codification. It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section V: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall" not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included4herein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section VI: Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. 0 Regular Meeting Minutes April 11, 2011 XII. New Business Councilman Bettina New Business Councilman Bettina noted that there is a liquor license application before the Board for a restaurant on Osborne Hill Road at the former Osborne Inn. Since there is an application before the Board, he would like to know if this use is permitted at this specific location. Discussion followed. Mr. Stolman explained that it is currently not a permitted use. However, one of the Local Laws that will be before the Town Board in the near future notes that the Town Board intends on rezoning the parcel, after which it would then be in conformance. Councilman Bettina noted that he has had liquor licenses in the past and knows that you can't apply for a liquor license if the business isn't in a zone that permits such types of establishments. Discussion followed. Councilman Beale New Business Councilman Beale asked if DaNino's Restaurant has been closed. Barbara Roberti, Zoning Administrator, stated that she has heard that the restaurant has closed. Councilman Beale asked if, since this is another situation in which restaurants are a non -conforming use in this location, the Board should look at rezoning the parcel. Councilman Bettina agreed that the issue should be looked into. Discussion followed. Councilman Beale then noted that the Senior Citizen's Senior Prom, held at Ketcham High School, was well -attended. Councilwoman Czarniecki New Business Councilwoman Czarniecki asked Councilman Beale where they stood with regards to the sign that is going to be donated to the Town by the Hughsonville Fire District. Councilman Beale explained that the Board of Fire Commissioners has to deem the sign to be surplus. In the meantime, the Town Board should submit a letter of interest to the Fire District. The Town will receive the sign as long as it agrees to have a plaque attached to the sign that notes that it was donated by the Fire District. He went on to describe the sign. The Town will not have to pay the Fire District for the sign, but there will be some costs associated with installing the sign on Town Hall property. XIII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni A. Adams Street - Attorney Advice Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni XIV. Town Board Review of Vouchers RESOLUTION: 2011-148 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Town of Wappinger Page 13 Printed 4/15/2011 Regular Meeting Minutes April 11, 2011 Claim Packet: 2011 - R Vendor A (General Townwide) B (General PartTown) CH DB (Highway) CAMO Pollution Central Hudson $32.04 Central Hudson $436.98 Central Hudson $1,610.19 Central Hudson $73.26 Poughkeepsie JmI $63.85 Southern Dtc News $84.43 Southern Dtc News $60.24 MVP $24,317.37 $5,010.11 $16,374.50 MVP Gold $2,842.10 Kent Automotive $66.70 First Unum Life $243.12 $60.78 $151.95 Carquest $74.92 $239.88 Chemung Supply $1,784.00 Brady's Power Equip $69.16 Bostwick Sales $36.35 Baright Enterprises $10.50 $24.50 $7.00 Adams Power Equip $433.00 Donald Seifts $50.00 Donald Seifts $179.98 Global Translation $140.00 Williams Lumber $58.19 General Code $3,109.19 Publishers Grainger $153.00 Staples $190.98 Staples $130.36 Wells Fargo $699.30 Wells Fargo $168.97 Fastenal $30.59 Community Energy WB Mason $299.99 R. Costa $1,781.50 R. Costa $95.00 Winzer $145.02 Morris Associates $1,508.00 $6,148.00 $464.00 Morris Associates Morris Associates $1,563.15 $241.50 Ultimate Pest Control $50.00 AI's Auto $21.00 Wilson Oil $404.57 Jill Smith $12.16 A-1 Supply $153.75 A-1 Supply $61.98 Ford Motor Credit $8,672.71 Sarjo Industries $528.89 Wapp Falls Indians $1,250.00 Totals $40,459.16 $21,974.67 $241.50 $19,743.38 PLEASE ADD THESE 2010 BILLS: Town of Wappinger Page 14 Printed 411512011 Regular Meeting Minutes April 11, 2011 Daniel Barry $61.45 Daniel Barry $45.00 Vendor HNC LC LD LH CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie JmI Southern Dtc News Southern Dtc News MVP MVP Gold Kent Automotive First Unum Life Carquest Chemung Supply Brady's Power Equip Bostwick Sales Baright Enterprises Adams Power Equip Donald Seifts Donald Seifts Global Translation Williams Lumber General Code Publishers Grainger Staples Staples Wells Fargo Wells Fargo Fastenal Community Energy $1.71 $42.45 $125.62 WB Mason R. Costa R. Costa Winzer Morris Associates $3,045.00 Morris Associates Morris Associates Ultimate Pest Control AI's Auto Wilson Oil Jill Smith A-1 Supply A-1 Supply Ford Motor Credit Sarjo Industries Wapp Falls Indians Totals $3,045.00 $1.71 $42.45 $125.62 Vendor I SDK I SU (United I WU I T92 Town of Wappinger Page 15 Printed 411512011 Regular Meeting Minutes April 11, 2011 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of April 11, 2011, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. Town of Wappinger Page 16 Printed 4/15/2011 (Keenan) Sewer) (Wapp. United) CAMO Pollution $750.00 Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Jrnl Southern Dtc News Southern Dtc News MVP MVP Gold Kent Automotive First Unum Life Carquest Chemung Supply Brady's Power Equip Bostwick Sales Baright Enterprises Adams Power Equip Donald Seifts Donald Seifts Global Translation Williams Lumber General Code Publishers Grainger Staples Staples Wells Fargo Wells Fargo Fastenal Community Energy WB Mason R. Costa R. Costa Winzer Morris Associates $460.00 $11,059.64 $4,806.56 Morris Associates $214.20 Morris Associates $253.00 $15,988.87 $4,460.00 Ultimate Pest Control AI's Auto Wilson Oil Jill Smith A-1 Supply A-1 Supply Ford Motor Credit Sarjo Industries Wapp Falls Indians Totals $253.00 $16,448.87 $11,059.64 $10,230.76 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of April 11, 2011, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. Town of Wappinger Page 16 Printed 4/15/2011 Regular Meeting Minutes April 11, 2011 The foregoing was put to a vote which resulted as follows: ✓`Vote Record - Resolution RES -2011-148 A (General Townwide) AM (Ambulance) B (General PartTown) DB (Highway) CAMO Pollution Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter $130.11 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator D ❑ ❑ ❑ El Defeated Vincent Bettina Seconder Il ❑ ❑ ❑ ❑ Tbad ❑ Withdrawn Ismay Czarniecki Voter a ❑ ❑ ❑ Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-149 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2011 - S Vendor A (General Townwide) AM (Ambulance) B (General PartTown) DB (Highway) CAMO Pollution CAMO Pollution Central Hudson $130.11 Central Hudson $3,025.89 Central Hudson $160.47 NYSAA $170.00 NYSC-IAAO $20.00 Frontier Comm $22.70 Signal Graphics Al Roberts Al Roberts $511.50 Al Roberts $627.00 Al Roberts $1,402.50 Al Roberts $166.50 Al Roberts $181.50 Al Roberts Al Roberts Al Roberts Mid Hudson Fasteners $330.61 Thalle Industries $478.80 Thalle Industries $513.00 CSEA $2,301.66 Momma's Towing $85.00 Hudson River Truck Eq $267.37 Staples $39.99 Staples $19.17 Staples $199.90 EJP Prescott EJP Prescott Business Automa Sys $390.00 Christopher Colsey $18.93 Wells Fargo $435.00 Wells Fargo $325.59 Town of Wappinger Page 17 Printed 4/15/2011 Regular Meeting Minutes April 11, 2011 Aflac Public Entity Trust Gentech Gellert/Klein Gellert/Klein Gellert/Klein Gellert/Klein Charles Reinhardt Transcare Karol Kelly Chris Masterson WB Mason Duality R. Costa All State Stormwater Management Stormwater Management Stormwater Management Stormwater Management Stormwater Management Stormwater Management AI's Auto Fleetpride Fredrick Awino Milliman Hannaford's Jill Smith HV Shred HV Shred Service Tire Truck Ctr William Liguori Jr Kennedy Sales Francis Malafronte Totals $339.74 $183.94 $2,904.00 $511.50 $3.06 $32,916.66 $36.70 $344.87 $4,736.90 $463.00 $94.95 $22.24 $2,800.00 $5.60 $4.79 $240.00 $278.38 $1,500.00 $505.90 $18,798.73 1 $32,916.66 $577.56 $2,412.16 $16.50 LH $1,053.97 CAMO Pollution $115.50 $33.00 $58.54 $675.00 $77.40 $8,008.33 $368.76 $24.40 $6,486.52 $6,926.30 Vendor LC LD LH SF CAMO Pollution CAMO Pollution $8,008.33 Central Hudson Central Hudson $79.37 $877.03 $2,437.15 Central Hudson NYSAA NYSC-IAAO Frontier Comm Signal Graphics Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Town of Wappinger Page 18 Printed 411512011 Regular Meeting Minutes April 11, 2011 Al Roberts Al Roberts Al Roberts Al Roberts Mid Hudson Fasteners Thalle Industries Thalle Industries CSEA Momma's Towing Hudson River Truck Eq Staples Staples Staples EJP Prescott EJP Prescott Business Automa Sys Christopher Colsey Wells Fargo Wells Fargo Aflac Public Entity Trust Gentech Gellert/Klein Gellert/Klein Gellert/Klein Gellert/Klein Charles Reinhardt Transcare Karol Kelly Chris Masterson WB Mason Duality R. Costa All State Stormwater Management Stormwater Management Stormwater Management Stormwater Management Stormwater Management Stormwater Management Al's Auto Fleetpride Fredrick Awino Milliman Hannaford's Jill Smith HV Shred HV Shred Service Tire Truck Ctr William Liguori Jr Town of Wappinger Page 19 Printed 411512011 Regular Meeting Minutes April 11, 2011 Kennedy Sales Francis Malafronte Totals $79.37 $877.03 $2,437.15 $8,008.33 Vendor SM SU (United Sewer) SW WF CAMO Pollution $2,200.00 CAMO Pollution $9,583.33 $54,833.33 $13,091.67 Central Hudson Central Hudson Central Hudson NYSAA NYSC-IAAO Frontier Comm Signal Graphics $327.17 Al Roberts $484.50 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts AI Roberts Al Roberts Mid Hudson Fasteners Thalle Industries Thalle Industries CSEA Momma's Towing Hudson River Truck Eq Staples Staples Staples EJP Prescott EJP Prescott Business Automa Sys Christopher Colsey Wells Fargo Wells Fargo Aflac Public Entity Trust Gentech Gellert/Klein Gellert/Klein Gellert/Klein Gellert/Klein Charles Reinhardt Transcare Karol Kelly Chris Masterson WB Mason Duality R. Costa All State Stormwater Town of Wappinger Page 20 Printed 4/15/2011 Regular Meeting Minutes April 11, 2011 Management Stormwater Management Stormwater Management Stormwater Management Stormwater Management Stormwater Management AI's Auto Fleetpride Fredrick Awino Milliman Hannaford's Jill Smith HV Shred HV Shred Service Tire Truck Ctr William Liguori Jr Kennedy Sales Francis Malafronte Totals $9,583.33 $55,645.00 $13,091.67 $2,200.00 Vendor WH WT WU (Wapp• United) T14 CAMO Pollution $1,516.67 $2,875.00 $65,840.41 CAMO Pollution Central Hudson Central Hudson Central Hudson NYSAA NYSC-IAAO Frontier Comm Signal Graphics $327.16 Al Roberts AI Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Mid Hudson Fasteners Thalle Industries Thalle Industries CSEA Momma's Towing Hudson River Truck Eq Staples Staples Staples EJP Prescott $944.60 Town of Wappinger Page 21 Printed 411512011 Regular Meeting Minutes April 11, 2011 EJP Prescott Business Automa Sys Christopher Colsey Wells Fargo Wells Fargo Aflac Public Entity Trust Gentech Gellert/Klein Gellert/Klein Gellert/Klein Gellert/Klein Charles Reinhardt Transcare Karol Kelly Chris Masterson WB Mason Duality R. Costa All State Stormwater Management Stormwater Management Stormwater Management Stormwater Management Stormwater Management Stormwater Management Al's Auto Fleetpride Fredrick Awino Milliman Hannaford's Jill Smith HV Shred HV Shred Service Tire Truck Ctr William Liguori Jr Kennedy Sales Francis Malafronte Totals $160.00 $67.95 $809.28 $21.62 $1,516.67 1 $2,875.00 1 $67,361.74 1 $809.28 Vendor T16 T92 CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson NYSAA NYSC-IAAO Frontier Comm Signal Graphics Town of Wappinger Page 22 Printed 4/15/2011 Regular Meeting Minutes April 11, 2011 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $5,148.00 Al Roberts $33.00 Al Roberts $115.50 Al Roberts $33.00 Mid Hudson Fasteners Thalle Industries Thalle Industries CSEA Momma's Towing Hudson River Truck Eq Staples Staples Staples EJP Prescott EJP Prescott Business Automa Sys Christopher Colsey Wells Fargo Wells Fargo Aflac $291.30 Public Entity Trust Gentech Gellert/Klein Gellert/Klein Gellert/Klein Gellert/Klein Charles Reinhardt Transcare Karol Kelly Chris Masterson WB Mason Duality R. Costa All State Stormwater $175.00 Management Stormwater $50.00 Management Stormwater $700.00 Management Stormwater $200.00 Management Stormwater $175.00 Management Stormwater Management Al's Auto Fleetpride Fredrick Awino Milliman Hannaford's Town of Wappinger Page 23 Printed 411512011 Regular Meeting Minutes April 11, 2011 XV. Jill Smith HV Shred HV Shred Service Tire Truck Ctr William Liguori Jr Kennedy Sales Francis Malafronte Totals $291.30 $6,629.50 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of April 11, 2011, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-149 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder D El 1i 1:3 ❑ ❑ Tabled Withdrawn Ismay CzarnI]ecki Voter a ❑ ❑ ❑ Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2011 Adjournment RESULT: MOVER: SECONDER: The Resolution is hereby duly declared adopted. ADOPTED [UNANIMOUS] William Beale, Councilman Ismay Czarniecki, Councilwoman Colsey, Beale, Bettina, Czamiecki, Paoloni The meeting adjourned at 9:33 PM. hn C. Masterson Town Clerk Town of Wappinger Page 24 Printed 4115/1011