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2008-2082008-208 A Resolution Authorizing the Paving and Resurfacing of Various Roads in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $209,000 and Authorizing, Subject to Permissive Referendum, the Issuance of $209,000 Bonds of Said Town to Pay the Cost Thereof. At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on August 11, 2008. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale (arrived at 7:07 PM) Vincent F. Bettina (departed at 9:32 PM) Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Bettina and seconded by Supervisor Colsey. BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The paving and resurfacing of various roads in and for the Town of Wappinger, Dutchess County, New York, including sidewalks, curbs, gutters, drainage, landscaping, grading or improving rights-of-way, as well as and other incidental improvements and expenses in connection therewith, is hereby authorized, SUBJECT TO PERMISSIVE REFERENDUM, at a maximum estimated cost of $209,000. Section 2. SEQR DETERMINATION: It is hereby determined that the aforesaid purpose constitutes a Type II Action under the regulations of the State of New York promulgated pursuant to the State Environmental Quality Review Act which, as such, will not have a significant adverse impact upon the environment. Section 3. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $209,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, 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 Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. 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 Supervisor, 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 Supervisor, consistent with the provisions of the Local Finance Law. Section 7. All other matters except as provided herein relating to the 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 with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. 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 Supervisor shall determine consistent with the provisions of the Local Finance Law. Section S. 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 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 9. 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 10. Upon this resolution taking effect, the same shall be published in full or in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 11. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. -- The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 8/11/2008 The Resolution is hereby duly declared adopted. Jr -Q, -k C-�V",' �"' C. MAS ERSON, TOWN CLERK 0 DCH Wappingers Falls Toyota May 12, 2008 Mrs. Barbara Roberti Town of Wappinger 20 Middlebush Road Wappingers Falls, NY. 12590 Dear Barbara, 1349 Route 9 Wappingers Falls, NY 12590 phone 845.298.8880 fox 845.297.6010 www.dchwappingerstoyota.com Please allow this letter to.confirm our conversation from earlier. The DCH Auto Group previously placed money in two additional escrow accounts for the DCH Heart Acura sewer project, and for the DCH Auto Group Reconditioning Center, application #07- 6002PP. The first project was completed, the other was abandoned. . Accordingly, I would respectfully request that all of our unused escrow money for the above referenced projects be returned to the dealership. Please feel free to contact me if you have 4ny further questions. Very truly yours, X.4, c, ,/ . L� Lee W. Burns General Manager 6 Recipient of the J.D. Power and Associates Dealer of Excellence award for "An Outstanding Sal— F—r--o" TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 Zoning Administrator Building Inspector Office: 845-297-6257 Fax: 845-297-0579 8 ice: Offi45-2 297 6256 www.townofwappinger. Us Fax: ffice: 845 RELEASE OF ESCROW FUNDS Date: May 30, 2008 Project Account Number: 06-3128 Name of Project: DCH Wappinger Falls Toyota Grid Number: 6157-02-553618 Location: Curry Road & Old Route 9 Start date of project:August 7. 2006 Date of IasZBA appearance: ��j IJ . Original Escrow Deposit: $_ 3.750.00 Date: -.I 10. 2006 Receipt # 1016 Re7on for escrow return: OProject ( original escrow) completed with signed maps with the Planning Board / ZBA on (date) 301 c� U2 2 ❑Project withdrawn by applicant On (date) IIProject ( Post Planning Escrow ) completed with CO issued by building department on (date) IIRoad Escrow: Project completed on (date) This project has been completed / withdrawn and the return of escrow has been requested by : Lee W. Burns General Manager Signature Lee W. Burns DCH Wappinger Falls Toyota Print Name Company *Please note that this project has been verified as complete or withdrawn by the following as applicable: Barbara Roberti, PB Secretary: Tatiana Lukianoff, Zoning Administrator: 1 George Kolb, Director of Code Enforcement: Graham Foster, Highway Superintendent: Robert Gray, Town Engineer: Amount to be returned 6s to be verified by the Comptroller's Department. TOWN OF WAPPINOER, NY P.O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ORDER & VOUCHER rDCH Wappinger Toyota CLAIMANT'S Att: Mr. Lee Burns NAMEAND 134.9 Route 9 ADDRESS Wappinger Falls, NY 12590 L J TERMS Purchase Order No. DO NOT WRITE IN THIS BOX VENDOR'S RERNO. LC1. C W. DuLus, uen l Manager $2,377.35 certify that the the above account o the amount of S is hue and correct: that the items. services, and disbursements Charged were rally dud to or for the municipality on the dales staled: that no part has been paid or satisfied: that taxes. from which the municipality is exampled. are not included: and that the amount claimed is actually due DAT SIGNATURE (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges are correct DATE AUTHORIZED OFFICIAL APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above DATE COMPTROLLER TOWN OF WAPPINGER COMPTROLLER'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590.0324 Tatiana Lukianoff, Zoning Administrator Z. - T _ - ...-a..-...., t LUlllllg LG�aL uii�.ii� 1 uwn O1 rr appin ,..l 20 Middlebush Road Wappingers Falls, NY 12590 Tatiana Lukianoff: I am requesting the return of the escrow balance for the DCH Auto Group Application # 06-3128 in the amount of $ 2, 377.35 ��.L.AD Signature SUPERVISOR Christopher Colsey TOWN COUNCIL VINCENT BET -TINA MAUREEN MCCARTHY JOSEPH P PAOLONI William ?Reale 2006 7/10/2006 APPL, FEE 7/10/2006 ESCROW FEE 7/29/2006 PAGGI 8/8/2006 ROBERTS 9/1/2006 PAGGI 9/8/2006 ROBERTS 9/29/2006 PAGGI 10/5/2006 ROBERTS 9/16/2006 CLARK 10/20/2006 CLARK 10/28/2006 PAGGI 11/1/2006 CLARK -SEPT. 12/1/2006 PAGGI-NOV. 12/5/2006 CLARK -OCT. 12/7/2006 ROBERTS-NOV. 12/20/2006 CLARK-NOV, 2007 1/19/2007 ROBERTS-JAN 1/26/2007 PAGGI-JAN 2/15/2007 CLARK -JAN 2/27/2007 ROBERTS-FEB 3/2/2007 PAGGI-FEB 3/21/2007 CLARK -FEB 3/30/2007 PAGGI-MAR. 4/4/2007 ROBERTS-MAR 4/20/2007 CLARK -MAR #06-3128 DCH AUTO GROUP RECONDITIONING CENTER FEE'S ESCROW RECD RECD 2910.00 5/30/2007 LETTER TO RE -ESCROW $6,744.55 BALANCE AS OF 12/31/06 P.AUDIT 4/23/2007 JPG 5/19/2007 8/3/2007 PAGGI-JULY 8/29/2007 ESCROW PMT. 7/25/2007 CLARK -JUNE 8/31/2007 PAGGI-AUG. 9/6/2007 ROBERTS-AUG. 9/17/2007 CLARK -AUG. 10/3/2007 ROBERTS-SEPT. 10/26/2007 PAGGI-OCT. 12/1/2007 PAGGI-NOV. 3750.00 6744.55 ESCROW CHARGES 180.00 45.00 265.00 165.00 275.00 60.00 1170.00 151.60 228.75 140.00 392.50 327.60 60.00 282.60 75.00 105.00 154.00 75.00 553.75 276.00 381.25 240.00 1141.50 240.00 83.90 238.75 75.00 150.00 45.00 90.00 450.00 ESCROW BALANCE 3750.00 3570.00 3525.00 3260.00 3095.00 2820.00 2760.00 1590.00 1438.40 1209.65 1069.65 677.15 349.55 289.55 6.95 -68.05 -173.05 -327.05 -402.05 -955.80 -1231.80 -1613.05 -1853.05 -2994.55 -3234.55 3510.00 3426.10 3187.35 3112.35 2962.35 2917.35 2827.35 2377.35