The URL can be used to link to this page

2008-06-23 RGMTOWN CLERK CHRIS MASTERSON TOWN OF W"PINGER . TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting June 23, 2008 7:00 PM Agenda SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:00 PM Meeting called to order on June 23rd, 2008 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Commendation - Bill Beale IV. Public Hearings 1. Local Law No of 2008 Amending the Zoning Map with Respect to Property Owned by Global Satellite, LLC at 221 Airport Drive from General Business (GB) to Airport Industry (AI); and Zoning Text Amendment to Allow "Training Schools or Programs" as Permitted Principal Use in a Number of Nonresidential Zoning Districts 2. Local Law No of 2008 Amending Schedule of Use Regulations - Nonresidential Districts of the Zoning Law Regarding Quasi -Public Schools and Educational Facilities V. Discussions A. Town Servers - Craig Roberts B. Emergency Services Building Inspection - Mark Liebermann C. Carnwath Roof/Chimney Status - Bob Gray D. Town Hall Handicapped Parking - Bob Gray E. Tennis Courts - Ralph Holt F. Pet Crematorium - David Stolman G. Highway Garage - Bob Gray, Graham Foster H. Highway Fuel - Graham Foster 1. Recycle Center Finances - Chris Colsey J. Wappinger Farm Estates - David Stolman K. Cablevision Video Room & Surcharge - Roger Connor VI. Minutes Approval 1. Monday, June 09, 2008 VII. Correspondence Log 2008-195. Resolution Authorizing the Acceptance of the Correspondence Log VIII. Public Portion IX. Resolutions 2008-196. Resolution Adopting Local Law No. __T_ _ of 2008 Amending Districts of the Zoning Law Schedule of Use Regulations —Nonresidential Regarding Quasi -Public Schools and Educational Facilities 2008-197. Resolution Adopting Local Law No. _ of 2008 Amending the Zoning Property Owned by Global Satellite, LLC at 21 Map with Respect to Airport Drive from General Business (GB) to Airport Industry (AI); and Zoning Text Amendment to Allow "Training Schools or Programs" as a Permitted Principal Use in a Number of Nonresidential Zoning Districts 2008-198. Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota (Account 07-6002PP) 2008-199. Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota (Account 05-3105) 2008-200. Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota (Account 06-3128) 2008-201. Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota (Account 06-3131) 2008-202. 2008-203. Resolution Approving Settlement A Resolution Amending the Bond Resolution Dated January 27, 2007, Authorizing the Reconstruction of Buildings at Carnwath Farms, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum $4,000,000 and Authorizing the Issuance of $4,000,000 Estimated Cost of Serial Bonds of Said Town to Pay the Cost Thereof. 2008-204. A Resolution Calling a Public Hearing to Clarify the Consolidation, Pursuant to Chapter 718 of the Laws of 2006 and Section 206-a of the Town Law of Certain Water Districts and Water Improvement Areas in the Town of Wappinger, Dutchess County, New York X. Items for Special Consideration XI. New Business XII. Town Board Audit of Pending Vouchers 2008-205. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2008 2008-206. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIII. Adjournment Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes ^' Chris Masterson William Beale 845-297-5771 Monday, June 23, 2008 7:00 PM Town Hall I. Call to Order Supervisor Colsey called the Meeting to Order at 7:02 PM. `m Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present Bob Gray Town of Wappinger Engineer to Town Present David Stolman Town of Wappinger Town Planner Present Graham Foster Town of Wappinger Highway Superintendent Present II. Pledge of Allegiance Ill. Public Hearings Resolution Introducing Local Law No of 2008 Amending the Zoning Map with Respect to Property Owned by Global Satellite, LLC at 21 Airport Drive from General Business (GB) to Airport Industry (AI); and Zoning Text Amendment to Allow "Training Schools or Programs" as Permitted Principal Use in a Number of Nonresidential Zoning Districts Supervisor Colsey opened the Public Hearing at 7:03 PM. Town Clerk Chris Masterson 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 Hearing). The Supervisor then asked for a motion to open the Public Hearing. Councilman Bettina made the motion to open. The Motion was seconded by Councilman Beale and passed unanimously. The Supervisor asked if the Town Attorney, Al Roberts, had something to say about the issue. Mr. Roberts deferred to David Stolman, Town Planner. Mr. Stolman explained that this is a Public Hearing on a Local Law that would do two things. It would add "training schools and programs", which is currently an accessory use, as a principal use in a number of non-residential zoning districts. He then listed the districts that this would apply to. Secondly, this Local Law would rezone the property at 21 Airport Drive to Airport Industry (AI) from General Business (GB). Supervisor Colsey then opened the floor for public comment. There were no comments. Councilman Bettina made a motion to close the Public Hearing. The Motion was seconded by Councilman Beale and passed unanimously. The Public Hearing closed at 7:05 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 1 Printed 7/1/2008 TOWN BOARD: TOWN OF W APPINGER DUTCHESS COUNTY: NEW YORE'- IN ORK IN THE NUTTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE LOCAL LAW ENTITLED "LOCAL LAVA' NO. _ OF THE YEAR 2008, AMENDING THE ZONING NLP WITH RESPECT TO PROPERTY OWNED BY GLOBAL SATELLITE, LLC AT 21 AIRPORT DRIVE FROM GENERAL BUSINESS (GB) TO AIRPORT INDUSTRY (AI); AND ZONING TEXT AMENDMENT TO ALLOW "TRAINING SCHOOLS OR PROGRAMS" AS A PERMITTED PRINCIPAL USE IN A NUMBER OF NONRESIDENTIAL ZONING DISTRICTS" 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 May 15th, 2008, your deponent posted a copy of the attached Notice of Public Hearing on the Local Law Titled, "Local Law No. of the Year 2008, Amending the Zoning Map with Respect to Property Owned by Global Satellite, LLC at 21 Airport Drive from General Business (GB) to Airport Industry (AI); and Zoning Text Amendment to Allow "Training Schools or Programs" as a Permitted Principal Use in a Number of Nonresidential Zoning Districts", 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. J�hn C.�-Alasterson Town Clerk Town of Wappinger Sworn to before me the 15th day of May 2008 NOTARY PUBLIC ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess County Commission Expires Feb. 28, 2010 I P IJ 1)I. jTC , H F :`S 1',l F 1., 1.', F T Ild I I I I i 1,:'k Ct F t� T CI F I'l I (flit FHtJ`�,tl hl). J,i 7 1 i"t i I)[ j T C [.11 1 AME THE. I T I l J""-1 f V P Jul t I.) C"l. HAI 1 SIF,'-.-.t at rD P 8 C 0 F g n h 11 l."I"i P10 lAt"It"R FAI, 1, W" t F [J C) P k r CJ 16 P� P P Ile, Town should Zoning il t 0 1 f Il i 0 08 sIRPCt owned P i c: t a I c, f NF J Y0 P 1,11' N 14 - 48 1 ? 4 0 ,0 0 n 0 1 JTC 1-11. C: c) it n t h"', orl Il"iy 16, ?011, RECEIVED MAY 2 _SOWN CLERK pqrt Pr erol Bu Airport and R amend E terplirif posed) I action title 8 ( mental suant of the tal - Law which estab- lishes hes �, locally desig- nated Type I actions). PLEASE TAKE FUR, THER�;NOTI13Qd E that the 6 Board has reserved.o'' . its right to make tits P6terminar tion of Significance pursuarittoSE01RAal the conclusion of the Public Hearing to be held, orithe adoption oi the proposed amend- ments, ie Town of r._ wellco'nr PLEASE TAKE FUR - OF PF PV13PQ-,,': NOTICE thatBRING the, full text of the draft PM9NTQF,?,i, PrPpQ§e amend- pt7;00 PM mentswill be available WN OF . - for review -and inspec- � INGER tion at the office of the IS HEREBY Town Clerk on week - r'' `L "jh' ' ' , , , , , days, from 8:30 AM tc -TPW1n ie Town of r._ wellco'nr DATED, 7 H00009B May 14th, 200E O Srd. day f okb Y ORDER pt7;00 PM TOWN BOARE OFTHETOWN OF M 11� :9-,Q ;h R6r, iWAPPINGEF 'JohhC-,M@stersor rsFall Ne'W ich time701 Town Clerl, jown pf Wappingei Merest a11 have an ,y ,r to ,be 1Q.,wh6ther fi, Weippinger amend the? Map with. rpri ,a prope.,i1y, by:J Global: rom Gen,, ine§s (GB) to� nclustry (Al);; 'io'n,`,i'n'g text; lent to allow Schools* or is" as a, Per7l, r1ricipalUse in'; zi of onresj-,i zoning dis�, TAKE FUR; IPTICE that D?rd has de, Jthatthe Pro- c-tiQnisaType' )ursuanttoAr-,j f thp EnvirQn-. Conservation" 1617NYQP,R t .. I n, jy� known, as \11) and pPr7 lChapter 1.17 iwn Code (the EnVircinrnen,7 P0 ugh keeps ie jotjrnal AFFIDAVIT OF PUBLICATION RECEIVED State of New York A� ��o� County of Dutchess TOWN CLERK woncEOF City of Poughkeepsie rUBUO FIEARING �MENT OF fHE TOWN CODE n 0 3 �• p o o C � . CD ocCmn a • Cr r- y�CD �oCl) Cf) cn 0a22 �5-�.M � NOD 21 -4 o U' m m 7 -C ,C O Will conduct a Public, Hear nR on the 23rd day of Jne 2008, at 7:00'PM at the Town'Hall, 28 Mid dlebush,,'Road, Wapping- ers . Fall, New York at which time,,all parties in interest and citizens shall have an opportunity to be' heard as 6 Whether the Town Boafd=of the Town of Wappinger should amend the Zoning; Map, with respect to a property owned by Global Satellite LLC at 21 Airport Drive frorrf-GeneFel , Sasinesi (GB to, �trrporE Itlfiust[y to i Town is a Type t to Arti- ionmental 3W, Part °ommonly RA"1', and -tPr.. fill rTAKE 'FURTHER that the Town has reserved its make its Deter- n of Significance it to SEQRA at tfie for off the; ; Public I to be held an the n of the proposed draft propose❑ ents will be avail-, review, and in - at the office of n. Clerk on; week- m 8:30 AM to 4:00 Aay{{4th, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAP,,P.INGER, Jogn G. Masterson' 'own derR Town of Wappinger 1431 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 printed and published every day in the year 3008 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 21st.day of May in the year of 2008 and on the following dates thereafter, namely on: Subsr'bed and sworn to before me this 22 day of in the year of 2008 NC tart' 'Pu bIiiC my cornpilissilaa� expires ) LA�� Regular Meeting Minutes June 23, 2008 Resolution Introducing Local Law No of 2008 Amending Schedule of Use Regulations - Nonresidential Districts of the Zoning Law Regarding Quasi -Public Schools and Educational Facilities Supervisor Colsey opened the Public Hearing at 7:05 PM. Town Clerk Chris Masterson 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 Hearing). The Supervisor then asked for a motion to open the Public Hearing. Councilman Bettina made the motion to open. The Motion was seconded by Councilman Beale and passed unanimously. David Stolman, Town Planner, read the section of the Zoning Law to be amended and explained how it would be amended. Supervisor Colsey asked if there were any comments from im the public. There were none. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. The Public Hearing closed at 7:06 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 2 Printed 7/1/2008 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE LOCAL LAW ENTITLED "LOCAL LAW NO. _ OF THE YEAR 2008, AMENDING SCHEDULE OF USE REGULATIONS — NONRESIDENTIAL DISTRICTS OF THE ZONING LAW REGARDING QUASI -PUBLIC SCHOOLS AND EDUCATIONAL FACILITIES" 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 May 15th, 2008, your deponent posted a copy of the attached Notice of Public Hearing on the Local Law Titled, "Local Law No. of the Year 2008, Amending Schedule of Use Regulations - Nonresidential Districts of the Zoning Law Regarding Quasi -Public Schools and Educational Facilities", 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. ,bhn C. asterson Town Clerk Town of Wappinger Sworn to before me the 15th day of May 2008 NOTARY PUBLIC ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess County Orxk, s4i Expires Feb. 28, 20 7() I F k I'S F 1"1 17, F*,-';[ I NY 1 I 01 o I I i I: c� f I') I. J T k lit 1':1 S (I L J I V L, I C) -1- 1-1 d th[ I ir11 t IIim; PIK r I, :r ") llt.ilc 1 j t I I f I , 1_j T�t i, I v r 1A P, ��, V C) f C7 11::'( ill. I t I I A t '1 1-1 pm 1h I 'i 1.,1 S F r -1 1,.! 6 F R, F� 1, 1 1 1, ;if a c) I I J F" f LaJ i -j I i -j ej 1-1 )-1 j' ' pt Ld f da f 11,a N o f i1 v I 11: .11 i1.S t a t k) f N F W 1( 0 R K 1,4 4 8 1-1 4 0 0 fj I I I i f i ed i I'l fl(]T , ( " C.ourlt -v i'k, c:orlim &sIp [ r x on h'.1y 16 ., 1? 0 1 VIECENED MAY'? 7 2,008 -roC 1 FRI<- WIN for reviewand inspq tion.-atthepfficeo 0 TbvVnClerk.on wee da . 8:30 AM days 4-00 7 .' ' DATE May,15,201 i"IF �Pl }BY ORDER OF TF .TOWN BOAF 617 HETOWN( WAPPIN61 JOHN awns -MASTERS( it Town Cl( Town of Wappinc e2008 at1T00PM he o'n Halj,i 20 dlebu pl�irjg s Falls, �o ill ip Ipter shouldr,amenq the iSche�dule of tJse Reg:' uJatlgnsIQnresloerl�, fl "ist, ts'' the on ins L��l1wwith egq rd 17 -U JiC 6hpols pq-jqQna1t , a7 RLEASE TAKE FURT ,THE R NOTICE'Ah4t Tow oar has de-, Q term , att'ep.r posE .4io'n . is a," I 'pe peti )n pursuanti" Ar7 , 66,0 1 ". ticlP3i P. 1 . nylrpn-, ypep q! Conservation, Law Part61. 7 NYQRR, (qqp mQnly known as ,11SEQRA1!)and. pur7 ,§yowit to Phapier 117 tat 1Q4,,Emty t,,'.qY!qW L i h - S", S locally n Cali Type i, I OLSE-,TAKE FOR71, THER NOTICE that - s .�d .A theTovyn Board has res rved its right,10, res q ' r .. . . mm 0 , eits', QetermIna- tionlSignificanq , p �01 F- r *m$FQRfi�CM 6e_1ip0Q,jusion of the PoughkeepsieJournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION RECEIVED State of New York MAY 2 3 2008 County of Dutchess City of Poughkeepsie TOWN CLERIC to Rita Lombardi , of the City of Poughkeepsie, NOTICE OF ttoduCH€FIRING Dutchess County, New York, being duly sworn, ,VIENDMENTOF says that at the several times t T ETOWIy,CODE , hereinafter mentioned he/she Oi*OFWAPPINGER , NOTICE ' IS , HEREBY was and still is the Principle Clerk of the Poughkeepsie 61VEN the Town Board of the Town of Wapping e Newspapers Division of Gannett Satellite Information Fu donducc a Public :nn. eaon the23rd da ti: y' of :lune 2008, at 7.00 PM Network, Inc., publisher of the Poughkeepsie Journal, a aat the Town Hall 20 Mid- dlebus Road Wapping- newspaper printed and published every day in the year ars Fads Naw Yorki at which time all parties in 3008 in the city of Poughkeepsie, Dutchess County, ipteresti and citizens shall h ave an opportunity to be; New YOrk , and that the annexed Notice ftearlas to whether the was duly Town Board bf the Town of Wappinger, should published in the said newspaper for one insertion Nend l the Schedule of e Regulations,- Nonre- successively, in each week, commencing on the s(dential Districts of the; Zoning tLaw with Regard' to Quasi -Public Schools 21St.da y Of May in the year of 2008 AdEdubationalNcilities: PLEASE VICE FURTHER and On the following g dates thereafter, namely on: NOTICE that Town Board has ddiermined' that the T©uC T ager. Pi:oposed Action is a Type I action pursuant'to Arti- cle 8 oPthe Environmental Conservation'' Law; Part 677 NYCRR Jcommonly. known es '.'SEQRA') and' to Subscribed and sworn to before me this �,Z day of� in the year of 2008 �(A/ VCn Notary ublic MY colnuliuission expires �� adoption of the' proposed C) amendments. o PLEASE TAKE :FURTHER NOTICE that the fufi text'. Z of thedraft proposed N o � 5 amendments will be avail-, able for review and in- 0 a r. spection at the office of M -0 (Tt the Town Clerk on week, K G G U) days from, 8.30 1M to 4.*do O, p 6 r H O n fit PM. DATEO:M-, a 8008 f o =N = tiBKQ@EIiOtTHE. �`lsl, AC5 0 m 7 i O fur 0 yp So AR5 PF TFC€ T! N 0 611lip, GEli ; T Cz -G e16T T©uC T ager. Subscribed and sworn to before me this �,Z day of� in the year of 2008 �(A/ VCn Notary ublic MY colnuliuission expires �� Regular Meeting Minutes June 23, 2008 IV. Commendation - Bill Beale V. Motion To: add Resolution 2008-214 to the Agenda by unanimous consent RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-214 Resolution Commending Deputy Sheriff Dawn Bonds WHEREAS, DEPUTY SHERIFF DAWN BONDS is a duly sworn member of the Dutchess County Sheriff's Office; and WHEREAS, DEPUTY SHERIFF DAWN BONDS is routinely assigned to patrol the Town of Wappinger and surrounding areas; and WHEREAS, on Thursday, May 8th, 2008, at approximately 1:35 A.M., an armed robbery occurred at the 7 -Eleven convenience store located at 1336 Route 9, at the intersection of Old Hopewell Road in the Town of Wappinger; and WHEREAS, information, including a vehicle description, was transmitted to patrol units assigned to the Town of Wappinger and surrounding areas; WHEREAS, DEPUTY SHERIFF DAWN BONDS began to patrol towards the area that the vehicle was last observed; and WHEREAS, DEPUTY SHERIFF DAWN BONDS observed a vehicle matching the transmitted description and, utilizing her spotlight, noticed the occupants of the vehicle also matched the description of the perpetrators; and WHEREAS, DEPUTY SHERIFF DAWN BONDS stopped the vehicle on All Angels Hill Road in the Town of Wappinger and approached the vehicle, ordering the passenger to exit the vehicle, after noticing his clothing matched the description; and WHEREAS, DEPUTY SHERIFF DAWN BONDS, upon further investigation, placed both occupants in custody with the assistance of additional officers, and she subsequently recovered a handgun; WHEREAS, both occupants have been connected to multiple armed robberies in Dutchess County; NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Wappinger, Dutchess County, New York, pause in its deliberations to recognize and commend the actions of DEPUTY SHERIFF DAWN BONDS, who put her life at great risk to protect the residents of the Town of Wappinger and surrounding areas in Dutchess County, New York; BE IT FURTHER RESOLVED, that a copy of this resolution, suitably engrossed, be presented to DEPUTY SHERIFF DAWN BONDS at the Regular Meeting of the Town of Wappinger Town Board on Monday, June 23rd, 2008. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-214 Yes/Aye No/Nay Abstain Absent RI Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter RI ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. Councilman Bettina Statement Councilman Bettina Statement Councilman Bettina asked that the Town Board move the Resolutions up in the Agenda as he is not feeling well and will be leaving early. The Agenda was then amended based on Town of Wappinger Page 3 Printed 7/1/2008 Regular Meeting Minutes June 23, 2008 Resolutions that were also Discussion items and a Resolution that needed to be discussed in Executive Session. VI. Minutes Approval Monday, June 09, 2008 ✓ Vote Record - Acceptance of Minutes for June 9 2008 7:00 PM Yes/Aye No/Nay Abstain Absent 0 Christopher Colsey Voter 0 ❑ ❑ ❑ Accepted ❑ William Beale Seconder 0 ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ Maureen McCarthy Joseph Paoloni Voter 0 ❑ ❑ ❑ VII. Correspondence Log RESOLUTION: 2008-195 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. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-195 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. VIII. Public Portion Supervisor Colsey asked for a motion to suspend the Rules for public comment on the Agenda items. Councilman Bettina made the motion and Councilman Beale seconded. The motion passed unanimously. Concetta Olivieri addressed the Board first. She noted that Supervisor Pagones, the Town of Fishkill Supervisor, successfully converted a park, with the help of unions and apprentices. She commented that this is something that Wappinger obviously can't seem to do, because the Town is spending money on Carnwath Farms. She went on to claim that $1.9 Million has been spent so far and the Town intends on spending more. She also claimed that former Supervisor Ruggiero planned to spend $24 Million. She asked that the Town Board come up with ideas for parks that the people can use instead of saving the worthless buildings at Carnwath. She recommends building brand new Toll Brothers buildings. She also recommended combining the Town of Wappinger and the Town of Fishkill. Kevin Wood was the next resident to speak. He personally feels that the Town has invested a lot of money in the Carnwath property and would hate to see the building go down at the expense of the roof. Mrs. Olivieri attempted to interrupt, but Mr. Wood advised her that she had her chance to speak. Mr. Wood went on to say that the Town needs to maintain the investment. Mrs. Olivieri then asked why, if the Town wanted to maintain its properties, it didn't maintain the Highway garage. Joseph Ruggiero was the next resident to speak. He commends the Board for taking the action of looking at the Town buildings. He recalled actions that were taken when the Town received the engineer's report on the status of the buildings. He supports the actions that need to be taken to fix the buildings and asked that residents such as Mrs. Olivieri not blame the last 50 years of government on the six years that he was Supervisor. Councilman Beale noted that, at the most recent Town Board Meeting, the Town Board entertained proposals to work on the roof of the Carnwath Mansion. Supervisor Colsey asked for a motion to reinstate the Rules. Councilman Bettina made the motion and Councilman Beale seconded. The motion passed unanimously. Town of Wappinger Page 4 Printed 7/1/2008 0 Regular Meeting Minutes June 23, 2008 Motion To: suspend the Rules for public comment on the Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Motion To: reinstate the Rules RESULT: 6W MOVER: SECONDER: AYES: IX. Resolutions ADOPTED [UNANIMOUS] Vincent Bettina, Councilman William Beale, Councilman Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-196 Resolution Adopting Local Law No. 2 of 2008 Amending Schedule of Use Regulations — Nonresidential Districts of the Zoning Law Regarding Quasi -Public Schools and Educational Facilities WHEREAS, the Town Board of the Town of Wappinger has determined that the Schedule of Use Regulations - Nonresidential Districts of the Zoning Law should be amended with Regard to Quasi -Public Schools and Educational Facilities (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant adverse environmental impacts. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 2 of 2008; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-196 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 ❑ El ❑ Adopted as Amended William Beale Seconder D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator D ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 5 Printed 7/1/2008 LOCAL LAW # 2 OF THE YEAR 2008 A Local Law entitled "Local Law #2 of 2008, Amending the Schedule of Use Regulations — Nonresidential Districts of the Zoning Law with Regard to Quasi -Public Schools and Educational Facilities." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: t Section 1: Title This Local Law shall be known and cited as "Local Law #2 of 2008, Amending the Schedule of Use Regulations — Nonresidential Districts of the Zoning Law with Regard to Quasi -Public Schools and Educational Facilities." Section 2: Legislative Intent The intent of the proposed Local Law is to clarify the public and quasi -public uses permitted in the nonresidential zoning districts. Section 3: Zoning Amendments In the Schedule of Use Regulations — Nonresidential Districts, in 240 Attachment 2 of the Zoning Law, the following use under the heading "Public and Quasi -Public" shall be amended to read as follows: Buildings, structures and uses owned or operated by the Town of Wappinger; buildings, structures and uses of any other goverrunental entity or district; schools or educational facilities operated by, on behalf of, or funded by any public school district or the New York State Education Department; excluding garages, transportation facilities, dumps and landfills in connection with all of the above Section 4: Ratification, Readoption and Confirmation Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confinned. I Section 5: 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 petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 6: Effective Date This Local Law shall take effect inunediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Regular Meeting Minutes June 23, 2008 RESOLUTION: 2008-197 Resolution Adopting Local Law No. 3 of 2008 Amending the Zoning Map with Respect to Property Owned by Global Satellite, LLC, at 21 Airport Drive from General Business (GB) to Airport Industry (AI); and Zoning Text Amendment to Allow "Training Schools or Programs" as a Permitted Principal Use in a Number of Nonresidential Zoning Districts WHEREAS, the Town Board of the Town of Wappinger has determined that the Town's Zoning Map should be amended with respect to a property owned by Global Satellite, LLC, at 21 Airport Drive from General Business (GB) to Airport Industry (AI); and a zoning text amendment should be made to allow "training schools or programs" as a Permitted Principal Use in a number of nonresidential zoning districts (the "Proposed Action"); and WHEREAS, the Town Board has detennined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has detennined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant adverse environmental impacts. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 3 of 2008; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows`. ✓ Vote Record - Resolution RES -2008-197 0 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Christopher Colsey Voter Rl ❑ El❑ ❑ Defeated William Beale Seconder R1 ❑ ❑ ❑ ❑ Tabled Vincent Bettina initiator R1 ❑ ❑ p ❑ Withdrawn Maureen McCarthy Voter R1 ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. Torn of Wappinger Page 6 Printed 7/1/2008 LOCAL LAW # 3 OF THE YEAR 2008 A Local Law entitled "Local Law # 3 of 2008, Amending the Zoning Map with Respect to Property Owned by Global Satellite, LLC, at 21 Airport Drive from General Business (GB) to Airport Industry (AI); and Zoning Text Amendment to Allow "Training Schools or Programs" as a Pennitted Principal Use in a Number of Nonresidential Zoning Districts." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # 3 of 2008, Amending the Zoning Map with Respect to Property Owned by Global Satellite, LLC, at 21 Airport Drive from General Business (GB) to Airport Industry (AI); and Zoning Text Amendment to Allow '`Training Schools or Programs" as a Pennitted Principal Use in a Number of Nonresidential Zoning Districts." Section 2: Legislative Intent The intent of the proposed Local Law is to amend the Town Zoning Map so as to rezone General Business (GB) zoned property on Airport Drive to Airport Industry (AI), and to amend the zoning text so as to add "training schools or programs," which has historically been an accessory use, as a new principal use in a number of nonresidential zoning districts. Section 3: Rezoning of Parcels The zoning of the property in the table below and as shown in the attached Exhibit "A" is hereby changed from General Business (GB) to Airport Industry (Al): Tax Map Number Owner Owner's Address 1906 Route 52 135689-6259-04-557407 Global Satellite, LLC Hopewell Junction NY 12533 20 Middlebush Rd Part of 135689-6259-04-610451 Town of Wappinger Wappingers Falls NY 12590 Section 4: Zoning Text Amendments The Schedule of Use Regulations — Nonresidential Districts of the Zoning Law in 240 Attachment 2 of the Town Code is hereby amended so as to list "Training schools or programs" in the category of "Service" uses, as a Permitted Principal Use in the Highway Business (HB), Hamlet Mixed Use (HM), Neighborhood Business (NB), General Business (GB), Conservation Coinmercial (CC), Shopping Center (SC), Highway Office (HO), Highway Design (HD), Corporate Office Park (COP), Airport Industry (AI) and Planned Industry (PI) zoning districts. Section 5: Amendment of Zoning Map The Town Supervisor is hereby directed to take whatever steps are necessary to have the Zoning Map of the Town of Wappinger amended to reflect the Zoning Map changes hereby adopted, and said Supervisor is hereby authorized to retain the services of the Town Planner or Town Engineer to amend the Town of Wappinger Zoning Map consistent with this Local Law within 60 days from the date of the adoption of this Local Law. Section 6: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 7: 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 petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 8: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Attachment: Exhibit "A" n m 2 t � A O Al o� Qo 0 0. -� S PGS �N T 6 `,JEW HACKENSACK R0 ND m � B = J i L9 C/) st i J W � V n GLOBAL SATELLITE, LLC - PROPOSED REZONING - EXHIBIT "Art g Town of Wappinger, Dutchess County, New York FREDERICK P. CLARK AssociATes, INC. Plarm ing/Devel open endEnvironnien dTi-ansportat ion " c NOTE: This map was compiled from multiple datasets with different scales a` and projections and should only be used for general planning purposes. a Existing Zoning District Boundary #0wKN* Existing Zoning District Boundary to be Removed Feet 0 200 400 600 ;; SOURCE: Dutchess County GIS, FPCA GIS Y tl ■ O ■ Proposed Zoning District Boundary N April 13, 3003 Regular Meeting Minutes June 23, 2008 RESOLUTION: 2008-198 Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota (Account 07-6002PP) WHEREAS, on or about August 29, 2007, DCH Wappingers Falls Toyota filed an application for approval of an Amended Site Development Plan under application number 07- 6002PP; and WHEREAS, on or about August 29, 2007, DCH Wappingers Falls Toyota deposited Three Thousand, Seven Hundred Fifty Dollars and 00/100 ($3,750.00) 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, application 07-6002PP was granted and a Certificate of Occupancy was issued on August 30, 2007; and WHEREAS, all professional fees incurred during the review of application number 07- 6002PP have been paid and a balance of Three Thousand, Two Hundred and Ten Dollars and 00/100 ($3,210.00) remains in the escrow account and DCH Wappingers Falls Toyota has requested a refund of said escrow balance; WHEREAS, the Director of Code Enforcement, Planning Board Secretary and the Escrow Account Clerk have reviewed the application and the escrow account and have determined that a refund is due to DCH Wappingers Falls Toyota. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Three Thousand, Two Hundred and Ten Dollars and 00/100 ($3,210.00), shall be made to DCH Wappingers Falls Toyota representing a refund of the remaining escrow balance for Amended Site Development Plan Application Number 07-6002PP. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-198 Yes/Aye No/Nay Abstain Absent Rl Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 El ❑ ❑ Tabled Maureen McCarthy Voter El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-199 Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota (Account 05-3105) WHEREAS, on or about May 27, 2005, DCH Wappingers Falls Toyota filed an application for approval of an Amended Site Development Plan under application number 05- 3105; and WHEREAS, on or about May 27, 2005, DCH Wappingers Falls Toyota deposited One Thousand, One Hundred One Dollars and 35/100 ($1,101.35) 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, on or about July 14, 2006, DCH Wappingers Falls Toyota further deposited Seven Thousand, Six Hundred Seventy -Six Dollars and 50/100 ($7,676.50) with the Town of Wappinger; and WHEREAS, the Amended Site Development Plan was granted and a site plan was signed on July 17, 2006; and WHEREAS, all professional fees incurred during the review of application number 05- 3105 have been paid and a balance of Five Thousand, One Hundred Eighty -Eight Dollars and 65/100 ($5,188.65) remains in the escrow account and DCH Wappingers Falls Toyota has requested a refund of said escrow balance; and WHEREAS, the Director of Code Enforcement, Planning Board Secretary and the Escrow Account Clerk have reviewed the application and the escrow account and have determined that a refund is due to DCH Wappingers Falls Toyota. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Five Thousand, One Hundred Eighty -Eight Dollars and 65/100 ($5,188.65) shall be made to DCH Town of Wappinger Page 7 Printed 7/1/2008 Regular Meeting Minutes June 23, 2008 Wappingers Falls Toyota representing a refund of the remaining escrow balance for Amended Site Development Plan Application Number 05-3105. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-199 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Seconder 1 ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter D ❑ ❑ ❑ Voter Joseph Paoloni Voter CEJ ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-200 Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota (Account 06-3128) WHEREAS, on or about July 10, 2006, DCH Wappingers Falls Toyota filed an application for approval of an Amended Site Development Plan under application number 06- 3128; and WHEREAS, on or about July 10, 2006, DCH Wappingers Falls Toyota deposited Three Thousand, Seven Hundred Fifty Dollars and 00/100 ($3,750.00) 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, on or about August 29, 2007, DCH Wappingers Falls Toyota further deposited Six Thousand, Seven Hundred Forty -Four Dollars and 55/100 ($6,744.55) with the Town of Wappinger; and WHEREAS, the Amended Site Development Plan was completed with signed maps, on August 30, 2007; and WHEREAS, all professional fees incurred during the review of application number 06- 3128 have been paid and a balance of Two Thousand, Three Hundred Seventy -Seven Dollars and 35/100 ($2,377.35) remains in the escrow account and DCH Wappingers Falls Toyota has requested a refund of said escrow balance; and WHEREAS, the Director of Code Enforcement, Planning Board Secretary and the Escrow Account Clerk have reviewed the application and the escrow account and have determined that a refund is due to DCH Wappingers Falls Toyota. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Two Thousand, Three Hundred Seventy -Seven Dollars and 35/100 ($2,377.35), shall be made to DCH Wappingers Falls Toyota representing a refund of the remaining escrow balance for Amended Site Development Plan Application Number 06-3128. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-200 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter Rl ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder Rl ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter D ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-201 Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota (Account 06-3131) WHEREAS, on or about August 16, 2006, DCH Wappingers Falls Toyota filed an application for approval of an Amended Site Development Plan under application number 06 - Town of Wappinger Page 8 Printed 71112008 Regular Meeting Minutes June 23, 2008 3131; and WHEREAS, on or about August 16, 2006, DCH Wappingers Falls Toyota deposited Twenty -Two Thousand, Five Hundred Dollars and 55/100 ($22,500.00) 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, on or about November 7, 2007, DCH Wappingers Falls Toyota further deposited Thirty Thousand, Six Hundred Twenty Dollars and 00/100 ($30,620.00) with the Town of Wappinger; and WHEREAS, the Amended Site Development Plan was withdrawn on May 8, 2008; and WHEREAS, all professional fees incurred during the review of application number 06- 3131 have been paid and a balance of Forty -Nine Thousand, One Hundred Seven Dollars and 50/100 ($49,107.50) remains in the escrow account and DCH Wappingers Falls Toyota has requested a refund of said escrow balance; and WHEREAS, the Director of Code Enforcement, Planning Board Secretary and the Escrow Account Clerk have reviewed the application and the escrow account and have determined that a refund is due to DCH Wappingers Falls Toyota. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Forty -Nine Thousand, One Hundred Seven Dollars and 50/100 ($49,107.50) shall be made to DCH Wappingers Falls Toyota representing a refund of the remaining escrow balance for Amended Site Development Plan Application Number 06-3131. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-201 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 El ❑ ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-203 A Resolution Amending the Bond Resolution Dated January 27, 2007, Authorizing the Reconstruction of Buildings at Carnwath Farms, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $4,000,000 and Authorizing the Issuance of $4,000,000 Serial Bonds of Said Town to Pay the Cost Thereof. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act (as a Type II Action), have been performed; and WHEREAS, by a Bond Resolution dated January 27, 2007, the Town Board of the Town of Wappinger, Dutchess County, New York, authorized the issuance of $4,000,000 serial bonds of said Town to pay the cost of the reconstruction of buildings at Carnwath Farms, in and for said Town, including original furnishings, equipment, machinery, apparatus, appurtenances, and other incidental improvements, expenses and emergency work in connection therewith, and determined that the period of probable usefulness thereof was to be limited to five years; and WHEREAS, it has now been determined that it is in the financial interest of said Town to amortize such serial bonds over a period in excess of five years, the period of probable usefulness of said class of objects or purposes being fifteen years in accordance with the applicable provisions of the Local Finance Law; and WHEREAS, it is now desired to amend such bond resolution dated January 27, 2007 accordingly NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Section 3 of bond resolution dated January 27, 2007, more fully described in the preambles hereof, is hereby amended to read as follows: "Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 12(a)(2) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby determined that the maximum maturity of the serial bonds herein authorized will Town of Wappinger Page 9 Printed 7/1/2008 Regular Meeting Minutes June 23, 2008 exceed five years." Section 2. 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 3. Upon this resolution taking effect, the bond resolution of January 27, 2007, as herein amended, or a summary thereof, shall be published in full 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 4. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-203 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 2 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 11 ❑ ❑ ❑ Defeated Vincent Bettina Voter 2 ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter 10 ❑ ❑ ❑ Joseph Paoloni Voter ❑ 1 ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-204 A Resolution Calling a Public Hearing to Clarify the Consolidation, Pursuant to Chapter 718 of the Laws of 2006 and Section 206-a of the Town Law of Certain Water Districts and Water Improvement Areas in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town of Wappinger, Dutchess County, New York, has heretofore established the following water districts and water improvement areas, amongst others: (1) The Central Wappinger Water Improvement Area, (2) the Wappinger-Cranberry Water Improvement Area, (3) the Wappinger Park Water District, (4) the Ardmore Hill Water Improvement Area, (5) the Central Wappinger Emergency Improvement Area, (6) the Wappinger Water Improvement Area 1999-2, (7) the North Wappinger Water District, (8) the Myers Corners 1I Water District, (9) the Oakwood Knolls Water District, and (10) Meadowood Water District (which Prior Water Districts/Improvement Areas and water improvement areas, including extensions, if any, thereto, are referred to herein collectively as the "Prior Water Districts/Improvement Areas" which specifically do not include Tall Trees Water Improvement Area and the water districts known as Watch Hill Water District and Fleetwood Water District (the "Excluded Water Districts/Improvement Areas")); and WHEREAS, costs of debt service, operation and maintenance of each of the water districts included in the aforesaid Prior Water Districts/Improvement Areas has been a charge against all the taxable real property within each respective water district included in the Prior Water Districts/Improvement Areas or in the case of the water improvement areas included therein, pursuant to the provisions of section two hundred nine -q of the town law, the Town Board has been responsible for the management, maintenance, operation and repair of each water improvement area, and, to the extent that moneys therefore have not been raised by water rates, the cost of such management, maintenance, operation and repair has been a charge upon the area of the Town outside of any villages and has been levied and collected in the same manner and at the same time as other town charges while the cost of debt service for improvements has a charge against all the taxable real property therein, benefited thereby or by the area of the Town outside of any Village or a combination thereof as provided by law and the proceedings establishing each such water improvement area; and WHEREAS, the Legislature of the State of New York has authorized the Town to consolidate said Prior Water Districts/Improvement Areas and any others in said Town except the Excluded Water Districts or Improvement Areas pursuant to Chapter 718 of the Laws of 2006 (the "Special Act") and the Town did so consolidate said Prior Water Districts/Improvement Areas and Town of Wappinger Page 10 Printed 71112008 Regular Meeting Minutes June 23, 2008 any others as so provided therein and determined to name the consolidated water district as the "Consolidated Water District", and it is now desired to clarify the name and the consolidation of said Prior Water Districts/Improvement Areas; NOW, THEREFORE, BE IT KNOWN: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at Town Hall, in Wappingers Falls, New York, in said Town, on the 11 b day of August, 2008, at 7:00 P.M., Prevailing Time, for the purpose of clarifying the name of the consolidated water district and its constituent consolidated water districts and improvement areas. Section 2. It is hereby determined that the Prior Water Districts/Improvement Areas so consolidated pursuant to the Special Act are as follows: (1) The Central Wappinger Water Improvement Area, (2) the Wappinger-Cranberry Water Improvement Area, (3) the Wappinger Park Water District, (4) the Ardmore Hill Water Improvement Area, (5) the Central Wappinger Emergency Improvement Area, (6) the Wappinger Water Improvement Area 1999-2, (7) the North Wappinger Water District, (8) the Myers Corners II Water District, (9) the Oakwood Knolls Water District, and (10) Meadowood Water District, and shall be known as the United Wappinger Water District (the "United Wappinger Water District") rather than the Consolidated Water District, as previously determined by this Town Board. All the property of the Prior Water Districts/Improvement Areas including moneys raised prior thereto and unexpended proceeds received or to be received from the issuance of bond anticipation notes and/or bonds authorized by bond resolutions adopted on dates prior hereto, shall remain the property of the United Wappinger Water District and the United Wappinger Water District shall assume and pay the indebtedness of the Prior Water Districts/Improvement Areas incurred prior to the effective date of the consolidation described herein and thereafter. Section 3. To the extent not paid from user charges, there shall annually be apportioned and assessed, in an amount equal to the benefit which improvements shall confer upon same, upon all the taxable real property in such United Wappinger Water District, an amount sufficient to pay the principal and interest of the outstanding indebtedness of each of said Prior Water Districts/Improvement Areas as extended, incurred prior to the effective date of the consolidation herein described, as the same shall become due and payable, but if not paid from each such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said outstanding indebtedness. Section 4. The future assessments of all costs of improvements, as well as costs of operation and maintenance of such United Wappinger Water District shall be a charge against the entire area of the United Wappinger Water District, including all extensions hereafter established. Section 5. All actions of the Town Board of the Town of Wappinger heretofore undertaken on behalf of the Consolidated Water District prior to any final order clarifying the name and constituent elements of said Consolidated Water District, after said public hearing, shall be deemed to have been and are to be related to the United Wappinger Water District, as intended by the Special Act. Section 6. The Town Clerk shall give notice of said public hearing referred to in Section 1 hereof by the publication of Exhibit A, attached hereto and hereby made a part hereof in the official newspaper or newspapers of the Town designed pursuant to subdivision 11 of Section 64 of the Town Law, the publication thereof to be made at least ten (10) days prior to the time fixed for such public hearing. The Town Clerk shall further give notice of said public hearing by the posting of this resolution on the official signboard of the Town at least ten (10) days prior to the time fixed therefore. Further details on the consolidation are available in the Office of the Town Clerk where they are available for inspection during normal business hours. Section 7. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-204 Yes/Aye No/Nay Abstain Absent 21 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ 11 ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ El Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page /I Printed 7/1/2008 Regular Meeting Minutes June 23, 2008 X. Discussions A. Town Servers - Craig Roberts Supervisor Colsey opened the discussion at 7:30 PM. Craig Roberts, representative of Duality Inc., was unable to attend the Meeting. Supervisor Colsey explained that there is a proposal to replace the Town servers. The Town servers are running on Windows 2000. There are security problems as well as problems getting into the Dutchess County Department of Real Property program. Mr. Roberts will be at the next Meeting. Supervisor Colsey closed the discussion at 7:30 PM. B. Emergency Services Building Inspection - Mark Liebermann Supervisor Colsey opened the discussion at 7:30 PM. Mark Liebermann described the incident that happened on May 29th, 2008 at the Emergency Services building. He also listed the safety discrepancies that were uncovered in responding to the incident. Councilman Bettina asked a question pertaining to the lease. Al Roberts, Town Attorney, explained that the maintenance provisions apply to the Sloper-Willen portion of the lease. The State Police portion requires that the Town do some of the maintenance. Discussion followed. Former Supervisor Ruggiero was asked to give a brief history of the building and the lease requirements. Councilman Bettina recommended having the Town Attorney look at the leases. Councilman Beale mentioned that there was a CO on this building. He recommends including in an amended lease agreement, an item calling for TransCare to acquire permits for improvements to the building. Apparently, there has been no record of improvements so far. Mr. Liebermann added that the entire lobby was reconfigured without a permit. They have also replaced an A/C unit and a boiler. The State Police have renovated the interior and garage area of their portion of the building as well. Discussion followed. Supervisor Colsey noted that Art Platt, of Platt's Country Village Locksmith, is looking into repairing the annunciator panel. The cost of the repairs is estimated to be $12,000. Supervisor Colsey closed the discussion at 7:41 PM. C. Carnwath Roof/Chimney Status - Bob Gray Supervisor Colsey opened the discussion at 7:41 PM. Bob Gray, Engineer to the Town, explained that the Town has received two additional quotes on the chimney repairs. Councilwoman McCarthy commented that she had asked for the proposal prepared by Don Swartz. Supervisor Colsey did not recall her request but will provide those materials for the Councilwoman. Mr. Gray went on with his presentation. He noted that the lower roof, angle bay roof and main Mansion roof proposals exceed the $20,000 procurement threshold and, therefore, require a contract book and bidding. The chimney proposal is approximately $6200. In that case, Mr. Gray could simply call and get quotes from contractors. The quotes have been provided to the Board. The quotes are from Vanguard, Idema Construction and Manfredi Construction. Councilman Paoloni asked if the projects were mutually exclusive and if one could go on regardless of the status of the others. Mr. Gray answered that one does not depend on another. The Vanguard estimate is good only until June 15th. Supervisor Colsey asked if this needed to be put into Resolution form. Mr. Roberts answered that it was to be a discussion at this Meeting and a Resolution at the following Meeting, if the Board so desired. Councilwoman McCarthy noted that the Board had requested figures for all of the different scenarios. It was her intention to resurrect the Swartz figures, as well as his study of the logical load path and safety of the Mansion. Discussion followed. Councilman Bettina added that he wanted the figures pertaining the the asbestos as well so that he could make an "apples -to -apples" comparison. Councilwoman McCarthy stated that there was an extremely thorough examination done by Mr. Swartz. Two weeks ago, she suggested that the engineer make that study the starting point. Supervisor Colsey asked if the Board would like to move forward with the chimney project. Councilman Paoloni felt that the Board could wait another six weeks before making the decision, as the chimney is not suddenly an emergency. Supervisor Colsey confirmed that he is not declaring it an emergency. Councilman Bettina asked for a written opinion from the Town Attorney on segmenting the project to make sure the Town is in compliance. Mr. Roberts replied that the project could not be segmented. If the chimney is in danger of falling down, then that could be done separately. Supervisor Colsey closed the discussion at 7:50 PM. D. Tennis Courts - Ralph Holt Supervisor Colsey opened the discussion at 7:50 PM. Ralph Holt, Chairman of the Recreation Commission, addressed the Board. He pointed out that the Town has six tennis courts; all of which are located at Martz field. Four courts are on the Pye Lane side and two are on Montfort Road. One of the courts is over 30 years old. Four courts are in rough shape. Approximately five years ago, the Town spent money to do repairs on some of the courts. Those repairs bought time and made the courts safe, but four of the courts are no longer safe. Mr. Holt Town of Wappinger Page 12 Printed 7///2008 Regular Meeting Minutes June 23, 2008 has closed the gate to those courts. There are severe cracks and the posts are up out of the ground. Councilman Bettina asked what it would cost to repair the courts. He noted that there is money in the Parkland Trust Fund. Mr. Holt answered that Paggi, Martin & Del Bene did a study and found that the cost was $136,000. That study is being reviewed by the Town Engineer. He went on to explain the work that needed to be done. Al Roberts, Town Attorney, noted that the repairs are subject to the Town's bidding policy and would require specifications. Mr. Holt then summarized a memo that was provided to the Supervisor and Town Board. The rates for the Summer Employees need to be approved by the Board. Supervisor Colsey asked if there were any objections to the list and rates. There were none. The request was not in the form of a Resolution because the summer camps begin before the next Town Board Meeting. Councilman Beale made a motion to approve the list and rates. The motion was seconded by Councilman Bettina and passed unanimously. Supervisor Colsey closed the discussion at 7:57 PM. Motion To: approve summer employee list RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni E. Highway Garage - Bob Gray, Graham Foster Supervisor Colsey opened the discussion at 7:58 PM. Bob Gray, Town Engineer, recommended moving towards certain decisions. The Board needs to decide whether to repair or replace the Highway Garage structures. Supervisor Colsey asked if the Building Committee was in a position to make that decision. Councilwoman McCarthy commented that her schedule prevented her ability to meet with the Committee as a whole. She would not be opposed to the majority of the Committee assessing the space that the Town currently has available as a place to house the Highway Superintendent and his secretary, even if it means relocating from the current location. She again voiced her hesitation to add another structure to the Town's inventory, with an endless lease and heating and electrical costs, without exploring what the Town currently has available. Supervisor Colsey clarified that a date needs to be set for the Building Committee. Councilman Beale mentioned an email that he received on June 10th from George Kolb, Director of Code Enforcement, in which he asked for input on when a good time to have the meeting would be. Councilman Beale asked Mr. Kolb what kind of response he received. Mr. Kolb replied that he received no response. Discussion about setting the date and time followed. Mr. Kolb noted that the Highway Superintendent is adamant about staying on site. Councilwoman McCarthy replied that the site can change. She apologized for her job and schedule making it difficult for her to meet. She feels that the Town needs to look at the space available, even if it means relocating the site, if it is the most prudent and economical thing to do. Supervisor Colsey asked that a meeting be set. Councilman Beale recommended a Saturday meeting. Councilwoman McCarthy had conflicts with the upcoming Saturday. She proposed Wednesday, July 2nd, at 11:00 AM as the meeting date. Supervisor Colsey asked if there were any other items to discuss about the Highway Garage. Councilman Paoloni echoed Councilwoman McCarthy's suggestion that the existing inventory of space be looked at first. Councilman Beale asked if there has been any decision that the secretary can't remain at the site. Councilwoman McCarthy replied that ventilation is not adequate and the heat has been shut off. Graham Foster, Highway Superintendent, stated that the furnace has been shut off In four months, if the building starts to freeze, the Town will have a major emergency. Councilman Beale asked what the time frame to find a solution is. Mr. Foster replied that his memo sets the deadline at four months. Councilwoman McCarthy asked that everyone be open to the possibility that there is space to relocate the office. Councilman Bettina asked how many employees were at the site. Mr. Foster answered that, including him, there are 20 workers. That includes 18 workers and one secretary. He explained that the diesel equipment will not start in the middle of a snowstorm, unless there is extensive electrical rewiring to be able to plug in the trucks at night. Councilman Paoloni asked how many garages and bays they are talking about. Mr. Foster and Mr. Gray answered that the total is 12 to 15. Councilman Paoloni then asked how many offices there are. Mr. Foster answered that there is one office with two rooms. He went on to say that the secretary's office is something that they may be able to work on. His office will remain at the site. He will not ask his employees to work at the site and then say it's not safe enough for him to work out of. If the Board is going to move his secretary, they will need to move telephone and fax lines. She needs constant communication with the shop, with Town Hall and with the public. He stated that he cannot work from a satellite location. Councilman Paoloni asked what the minimum amount of square footage needed would be. Mr. Foster answered that they would need Town of Wappinger Page 13 Printed 7/1/2008 Regular Meeting Minutes June 23, 2008 bays with 12 foot high doors that are also 12 feet wide. It would need to be heated or the trucks would need to be plugged in. Mr. Gray added that there is currently approximately 21,000 square feet. Councilwoman McCarthy asked how big the office space section is. Mr. Gray estimated that the office space is about 700 square feet. Councilman Bettina described the capabilities of an office trailer. Mr. Foster mentioned that, if there was a fire at the site, there may be problems with the insurance company, since the Town professionals have all said that the site is unsafe. Taking that into account, Mr. Foster has disconnected the electric to the furnaces. Councilwoman McCarthy mentioned that the committee will meet on July 2nd to look at the issue. Councilman Paoloni recommended that the insurance company be notified of the issue. Supervisor Colsey replied that they have been notified. Councilman Bettina asked if there are spare airplane hangars that could be utilized. He recommends looking into that as an option. Supervisor Colsey addressed the concerns about insurance coverage. He pointed out that the insurance company may deny or disclaim coverage if there is a known pre-existing hazard. Councilman Paoloni again recommended meeting with the insurance company. Councilman Bettina asked that a risk assessment be done. The discussion was then closed at 8:15 PM. F. Highway Fuel - Graham Foster Supervisor Colsey opened the discussion at 8:15 PM. Graham Foster, Highway Superintendent, had sent the Board a memo pertaining to fuel. Based on actual purchases, his department has just about run out of money for fuel. He had met with the Supervisor about the issue. The Supervisor discovered that the Highway budget has not been credited for fuel used by the Town Patrol, Recreation Department and Building Department. All fuel charges for those departments have been charged to Highway. Book adjustments need to be done to correct this. Mr. Foster would then be able to get through the summer, but will face a crisis situation when winter arrives. He cautions the board that further investigation may uncover that other departments have gone over budget with fuel costs. When the budget was prepared, nobody predicted that fuel costs were going to surge to this level. Supervisor Colsey pointed out that other municipalities are facing the same problems. He then closed the discussion at 8:18 PM. G. Pet Crematorium - David Stolman Supervisor Colsey opened the discussion at 8:18 PM. David Stolman, Town Planner, passed out materials to support his presentation. He was requested to put together a draft Local Law for pet crematoriums. They would be permitted in the Airport Industry (Al) and Planned Industry (PI) zoning districts as a special purpose use. He went on to discuss the draft Local Law. He then asked for direction from the Board on whether to proceed with the standard steps that would be taken for a Local Law for a zoning text amendment. Councilman Beale had no objection, but mentioned that there may need to be a section addressing separate entrances or parking areas for delivery of the dead animals. He feels this should be out of the view of the public. Councilman Bettina agreed. Mr. Stolman replied that it could be incorporated. Councilwoman McCarthy had an objection to changing the zoning laws to the benefit of one person. Mr. Stolman disagreed that it was for one person only. She does not recall anyone coming before the Board for a pet crematorium during her tenure. Councilman Paoloni was concerned with the restriction on the odor emissions. He did not know of a meter that could detect levels of odor. The applicant pointed out that he had met with the owners of the neighboring businesses. They have no objection to his proposal. He went on to say that the process is odorless and smokeless. He also explained the proposed conduct of his business. Mr. Stolman added that there are performance standards that would need to be met. The standards state that "No land use shall be permitted which emits any discernible odor outside the building in which the use is located." Councilman Paoloni asked how "discernible" is measured. Mr. Stolman explained how the code enforcement officers could make the judgment. Discussion followed. Councilwoman McCarthy asked what would be done with the cremains. The applicant answered that the powder would be carted away by a private carting company. He predicts that it will be carted away once a week, probably to a landfill. With no other comments from the Board, Supervisor Colsey closed the discussion at 8:37 PM. H. Recycle Center Finances - Chris Colsey Supervisor Colsey opened the discussion at 8:38 PM. He explained that the Comptroller's Office has conducted an analysis on the income and expenses for the Recycle Center. The Town Clerk, Chris Masterson, added the revenue that is generated by the sale of refuse tickets. Councilman Bettina asked when the Town last increased the refuse ticket price. The Town Clerk and former Supervisor, Joseph Ruggiero, were not sure when the fee was last raised. Supervisor Colsey noted that most other towns do not provide this service. Al Roberts, Town Attorney, added that the Town of Union Vale provides this service. Mr. Ruggiero explained that the problem with the refuse tickets fee is that most of the tickets sold are sold at the reduced senior rate. The reason that it was never adjusted was that it would affect the senior Town of Wappinger Page 14 Printed 7/1/2008 Regular Meeting Minutes June 23, 2008 population. The Supervisor asked the Town Clerk what the percentage of tickets sold were senior tickets. Mr. Masterson answered that 74% of the tickets sold were senior tickets. Discussion about the report followed. Councilman Paoloni asked how the Highway Department handles the junk removal businesses that are operating in the Town of Wappinger. Mr. Foster answered that he has not seen any such companies show up at the Recycle Center. Councilman Paoloni then asked if Mr. Foster knew where those companies are dumping. Mr. Foster replied that he did not know. Councilman Beale asked how much it costs to operate the facility. Supervisor Colsey will obtain the remaining data and have an answer at the next meeting. The discussion was then closed at 8:43 PM. 1. Wappinger Farm Estates - David Stolman WM Supervisor Colsey opened the discussion at 8:43 PM. David Stolman, Town Planner, summarized a memo that he prepared in response to a question raised by Councilwoman McCarthy. He explained that Resolution of preliminary plat approval was granted on January 7th, 2008. The agreement that was connected to the rezoning of the property stated that the land would be dedicated subsequent to the granting of final subdivision plat approval by the Planning Board and the signing of the subdivision plat by the Chairman of the Planning Board. They are fulfilling the conditions of preliminary approval and have not yet applied for final approval. One of the conditions is Health Department approval. That is a very time-consuming and unpredictable process. Therefore, it is not known when the land will be dedicated. Councilwoman McCarthy noted that this is the same answer she was given last time. Mr. Stolman confirmed. Supervisor Colsey closed the discussion at 8:44 PM. J. Cablevision Video Room & Surcharge - Roger Connor Supervisor Colsey opened the discussion at 8:44 PM. Roger Connor, Director of Government Affairs for Cablevision, was present to answer questions for the Town Board. Mr. Connor began speaking about the studio and equipment that is included in the Cablevision agreement. Cablevision's obligation was to assist the Town in purchasing, installing and building $40,000 worth of video production equipment. That is nearly finished. There is a six foot tall rack to hold the electronic equipment and a table where the production staff and director would sit. Cablevision is just about ready to proceed. He stated that it is now time for the Town to step up and take care of its obligations. There was a meeting in October during which the wiring and other needed alterations were discussed and listed. The studio has been cleared, but the Town has not installed a dedicated circuit or air conditioning. Councilman Beale proposed that a meeting needs to be set up with Cablevision to find out when the equipment will be accepted and what needs to be done in order to accept the equipment. Councilman Bettina added that the Town needs to see what this will cost. He asked to know the cost impact first. Councilman Beale recommended that the Town Engineer take a look at what the costs would be. Supervisor Colsey asked the former Supervisor, Joseph Ruggiero, for input. Mr. Ruggiero explained that he was waiting for the Verizon franchise to go through because, in lieu of equipment, Verizon was going to provide money. That money, which was going to be $40,000 as well, was going to be used for the upgrades needed for the studio so that there would not be any cost to the Town budget. Supervisor Colsey noted that the Town received the first installment of that money; it was approximately $13,000 and was received two or three weeks ago. Mr. Connor stated that the Verizon franchise agreement has caused a problem. He feels that the Town and Cablevision once had a very congenial working relationship. From Cablevision's perspective, they feel that the concerns voiced by Cablevision were short-changed at the Public Hearing. Councilwoman McCarthy asked for clarification. Mr. Connor answered that there was no regard taken to the concerns. Now, Mr. Connor is forced to apply a very strict interpretation of the franchise agreement. By the terms of the franchise agreement, Cablevision will not allow Verizon to take access the feed. Councilwoman McCarthy asked how the $12,000 provided by Verizon makes Mr. Connor say that Verizon is being allowed to access the feed. Mr. Connor asked, if the Verizon money is not used to buy production equipment to send a video signal to the Verizon customers, how the Town will get the money to provide that. Mr. Ruggiero discussed the negotiations that took place. During negotiations, the Town voiced that it wanted the Town residents, whether Cablevision or Verizon customers, to have the same services. The only difference would be the Cablevision news and programming, which are programs that Cablevision produces. Cablevision stated from the beginning that those services would not be provided to Verizon customers. He went on to say that the feed for Town Board Meetings belongs to the Town. It is none of Cablevision's business whether the Town provides that feed to Verizon customers. Mr. Ruggiero took exeption, as a resident and former Supervisor, to Mr. Connors' characterization of what the Board did a few months ago and the long-term relationship between Cablevision and the Town. He briefly described the contentious franchise negotiations. Now that the equipment grants are about to be given to the Town, Cablevision is balking at giving the equipment grants to the municipality because the Town wants to have a level playing Town of Wappinger Page 15 Printed 7/1/2008 Regular Meeting Minutes June 23, 2008 field between Cablevision and a competitor. Again, Mr. Ruggiero stated that Cablevision has no right to dictate to the Town Board where they can put their signal. Mr. Connor read a portion of the contract to explain his point. Mr. Ruggiero explained that the intent was to have Cablevision equipment next to the Verizon equipment in order to simultaneously broadcast the same signal over two different networks. He feels that this is government access and Cablevision has an obligation under the law. He recommends that the Town Board and Town Attorney bring in the Public Service Commission. Councilman Beale feels that this has been impeded by Cablevision because of the Verizon franchise discussions. Mr. Connor stated that the Councilman's comments were speculation. The Town Attorney confirmed that he will bring in Mr. Figliosi to bring this to a conclusion. Mr. Connor agreed. Supervisor Colsey brought the discussion to the topic of the Cablevision surcharge. 3 Councilman Paoloni noted that the surcharge was a start-up fee that would be temporary. He also noted that the City of Beacon was not paying the surcharge. He asked if the critical mass in advertising has been reached. Mr. Connor noted that everyone hoped that the monthly fee would continue to go down year after year. He claimed that it has leveled off. It started at $0.58, decreased to $0.45 and has increased to $0.52. Councilwoman McCarthy noted that she understood this surcharge would be a limited time only. Mr. Connor replied that there is nothing in the agreement that says this was supposed to be for a limited time. Discussion followed. Mr. Connor explained that the 14 municipalities would need to collectively opt out. The Board then discussed the events that allowed the City of Beacon to opt out of the agreement. Councilwoman McCarthy recommended contacting the other municipalities in order to arrange a collective termination of the agreement. Mr. Connor explained that there is only one level of rate that can be regulated by the State and the FCC. That is for the basic broadcast tier. There is a calculation that Cablevision does to determine what the rate would be. There is a ceiling, or a maximum permitted rate, that can be charged. The only way that Cablevision was able to get the Cablevision News project approved by the Public Service Commission, which was back in 2003- 2004, was if the Cablevision surcharge fell under the maximum permitted rate. At that time, Cablevision's basic broadcast tier was well below the maximum permitted rate. Cablevision was able to add the news charge and still be under the ceiling. A few years ago, Cablevision decided to set the basic broadcast tier at the maximum permitted rate across its footprint. The maximum permitted rate is now $13.96. Councilman Paoloni clarified that $13.96 included the basic broadcast tier and the surcharge. Mr. Connor added that the rate includes the news program. It used to be a separate line item. Cablevision is at the maximum permitted rate and the news is included in the rate. The news could go away tomorrow, but the residents would still be paying •■i $13.96. The City of Beacon is also paying the maximum permitted rate, but they do not get the news program. Mr. Roberts again recommended bringing in Mr. Fighosi. Councilwoman McCarthy commented that the Town did have a good relationship with Cablevision, but there is nothing in what was presented by Mr. Connor that leaves a good taste in her mouth about Cablevision. Mr. Connor agreed that he feels the same way. Councilwoman McCarthy agreed with Councilman Beale that Cablevision sat around to wait and see what happened with Verizon. Mr. Connor explained the work that needed to be conducted to get the equipment ready. Councilman Beale replied that it does not take 9 months to do this work. Councilwoman McCarthy stated that it feels like Cablevision does not like what the Town allowed Verizon to do, and is now making it difficult for the Town. Mr. Connor replied that he feels the same way. He feels that the Town looked at the Verizon agreement and determined that it needed to be hammered through at the expense of Cablevision. Councilman Paoloni noted that he is not sure where the Town wronged Cablevision. Mr. Connor answered that there was an entire section in the Franchise agreement that was not written in the document that was voted on at the Meeting. The language in this specific section refers to an origination point. In the Cablevision contract, the origination point is the School Administration Building on Myers Corners Road. In the Verizon contract, it is Ketcham High School. He asked what good it would do to have the two separate feeds coming back to two separate locations. Councilwoman McCarthy and Mr. Ruggiero asked why this is of any interest to Mr. Connor or Cablevision. Mr. Connor replied that he is just looking for a level playing field. He is not asking that the items be identical. He is asking that the Town Board do their homework. Councilman Paoloni noted that he asked how the Town wronged Cablevision and he doesn't feel that the section discussed by Mr. Connor is significant. Mr. Roberts added that the Town is obligated to have a Public Agreement on the franchise. The Town is not obligated to have the document in final form at the time of the Public Hearing. That has never been required by the Public Service Commission. The Town heard the comments and, in Mr. Roberts' opinion, the section is not significant. Councilwoman McCarthy asked if the Town is obligated to compare franchise agreements. Mr. Roberts answered that the Town is obligated to look at both agreements and remain competitively neutral. Councilman Beale quoted the following section of the Minutes from the March 24`", 2008 Town Board Meeting: Town of Wappinger Page 16 Printed 7/1/2008 Regular Meeting Minutes June 23, 2008 "Councilman Beale asked for clarification on an issue that Councilman Paoloni mentioned. He wanted to know if the Town was going to lose the PEG grant from Cablevision if the Verizon agreement was adopted. Mr. Roberts answered that the Town would not lose the PEG grant, but it would have to be competitively level. Councilman Beale noted that he was originally told, when the Cablevision agreement was approved, that the Town had a target date to have equipment in the Town Hall. The deadline has come and gone many times. He finds it very interesting that the Town is in the middle of Verizon negotiations and has not yet received any equipment from Cablevision. Councilman Paoloni and Councilman Beale agreed that it is now clear why Cablevision hasn't provided the equipment. Mr. Roberts could not verify that those facts are accurate. He believes there has been installation. Supervisor Colsey verified that there was been some installation of lines but he does not know what they are for. Councilman Beale went on to note that the Village of Wappingers Falls, a municipality of 5000 people, already has the technological ability to broadcast their Meetings on a channel that is dedicated primarily for the Town's use. Mr. Roberts answered that Cablevision is under contract, and that contract would need to be reformed before that obligation is removed. Councilman Beale noted that he just wants to make sure that Cablevision is not trying to find a back door to get out of their responsibilities under their current cable franchise contract. Mr. Roberts asked that the Cablevision representatives respond for themselves. Mr. Connor confirmed that Cablevision has missed the deadlines for the equipment installation. He noted that 80% of the equipment is on hand at the Cablevision office. They are moving forward regardless of what happens with the Verizon contract" Mr. Connor replied that Cablevision has the equipment and it is ready to be delivered. They will install it and train people to use it. He went on to say that Cablevision is under no obligation to share the output of the equipment with a competitor. Supervisor Colsey closed the discussion at 9:19 PM. XI. Items for Special Consideration Motion To: add Resolution 2008-207 by unanimous consent RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-207 A Resolution Authorizing, Subject to Permissive Referendum, the Purchase of Equipment for Construction and Maintenance Purposes, Each of Which Costs $30,000 or more for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $173,500, and Authorizing the Issuance of $173,500 Bonds of Said Town to Pay the Cost Thereof. BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The class of objects or purposes of paying the cost of the purchase of equipment for construction and maintenance purposes, each item of which costs $30,000 or more, for the Town of Wappinger, Dutchess County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $173,500. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $173,500 bonds of said Town, 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 class of objects or purposes is fifteen years, pursuant to subdivision 28 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 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 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 Town of Wappinger Page 17 Printed 71112008 Regular Meeting Minutes June 23, 2008 Local Finance Law. 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. All other matters, except as provided herein relating to such bonds, including detennining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. 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 52.00 of the Local Finance Law, as the Supervisor shall detennine. Section 7. 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 8. 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. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper of the 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 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-207 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ El❑ Defeated 0 Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly tabled. RESOLUTION: 2008-208 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 $380,000 and Authorizing, Subject to Permissive Referendum, the Issuance of $380,000 Bonds of Said Town to pay the Cost Thereof. 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, Town of Wappinger Page 18 Printed 7/1/2008 Regular Meeting Minutes June 23, 2008 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 $380,000. 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 $380,000 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 8. The validity of such bonds and bond anticipation notes may be contested only if - 1) £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. Town of Wappinger Page 19 Printed 711/2008 Regular Meeting Minutes June 23, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-208 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ 0 0 ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ 0 Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ 0 Joseph Paolom Voter 0 ❑ ❑ 0 Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly tabled. RESOLUTION: 2008-209 A Resolution Authorizing, $47,000 Serial Bonds for the Purchase of Equipment for Construction and Maintenance, each item of which costs $15,000 or Less for the Town of Wappinger, Dutchess County, New York. 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. For the class of objects or purposes of paying the cost of the purchase of equipment each item of which costs $15,000 or less for the Town of Wappinger, Dutchess County, New York, including incidental equipment and expenses in connection therewith, there are hereby authorized, subject to permissive referendum, to be issued $47,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of said class of objects or purposes is $47,000 and that the plan for the financing thereof is by the issuance of the $47,000 of bonds of the Town authorized to be issued therefor pursuant to the provisions of Section 1 hereof. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 28 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 not exceed five years. 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 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 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. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. 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 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. 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. Town of Wappinger Page 20 Printed 7///2008 Regular Meeting Minutes June 23, 2008 Section 8. 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 be published 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 10. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-209 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ 0 Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly tabled. RESOLUTION: 2008-210 A Resolution Authorizing, Subject to Permissive Referendum, the Issuance of $25,000 Bonds of the Town of Wappinger, Dutchess County, New York, to pay the cost of the Purchase and Installation of New Telephone System in Town Facilities in and for said Town 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. For the class of objects or purposes of paying the cost of the purchase and installation of a new telephone system in Town facilities in and for said Town of Wappinger, Dutchess County, New York, including incidental equipment and expenses in connection therewith, there are hereby authorized, subject to permissive referendum, to be issued $25,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of said class of objects or purposes is $25,000 and that the plan for the financing thereof is by the issuance of the $25,000 of bonds of the Town authorized to be issued therefor pursuant to the provisions of Section 1 hereof. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 90 of paragraph a of Section 11.00 of the Local Finance Law based upon subdivisions 25 and 35 thereof. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. 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 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 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. All other matters, except as provided herein relating to such bonds, Town of Wappinger Page 21 Printed 7///2008 Regular Meeting Minutes June 23, 2008 including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be detennined by the Supervisor. 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 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. 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 8. 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. Upon this resolution taking effect, the same shall be published 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 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-210 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 10 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder Cl ❑ ❑ ❑ ❑ Defeated 0 Tabled Vincent Bettina Initiator Il ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter Z ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly tabled. RESOLUTION: 2008-211 A Resolution Authorizing the Purchase of Senior Center Furniture for the Town of Wappinger, Dutchess County, New York, at an Aggregate Maximum Estimated cost of $4,000 and authorizing the Issuance of $4,000 Bonds of said Town to pay the cost thereof BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the purchase of furniture for the Senior Center in and for the Town of Wappinger, Dutchess County, New York, or more, including incidental equipment and expenses in connection therewith, there are hereby authorized, subject to permissive referendum, to be issued $4,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of said class of objects or purposes is $4,000 and that the plan for the financing thereof is by the issuance of the $4,000 of bonds of the Town authorized to be issued therefore pursuant to the provisions of Section 1 hereof. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 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 not exceed five years. Town of Wappinger Page 22 Printed 7///2008 Regular Meeting Minutes June 23, 2008 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 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 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. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. 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 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. 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 8. 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 be published 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 10. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-211 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ 0 Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly tabled. Town of Wappinger Page 23 Printer! 7/1/2008 Regular Meeting Minutes June 23, 2008 RESOLUTION: 2008-212 A Resolution Authorizing, Subject to Permissive Referendum, the Purchase of Technology Equipment and Software for Accounting, Financial Management and related use in and for the Town of Wappinger, Dutchess County, New York, at an Aggregate Maximum Estimated cost of $63,500 and Authorizing the Issuance of $63,500 Bonds of said Town to pay the cost thereof. BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The following purchases of technology equipment and software are hereby authorized in and for the Town of Wappinger, Dutchess County, New York: ...r a) The purchase of servers and laptops, including original equipment, machinery, and apparatus for technology purposes, including incidental equipment and expenses, at an aggregate maximum estimated cost of $18,500. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $18,500 serial bonds of the $63,500 and serial bonds authorized to be issued therefor pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 81(a) of paragraph a of Section 11.00 of the Local Finance Law; and b) The purchase of computer software, including incidental equipment and expenses, at a maximum estimated cost of $45,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $45,000 serial bonds authorized to be issued therefor pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 81(b) of paragraph a of Section 11.00 of the Local Finance Law; and Section 2. The total maximum estimated cost of the aforesaid objects or purposes is and, and the plan for the financing thereof is by the issuance of $63,500 Bonds of said Town hereby authorized to be issued therefor pursuant to the Local Finance Law, to be allocated in accordance with the maximum estimated cost of each set forth in Section 1 hereof. The maximum maturity of the serial bonds herein authorized for each of the above-described objects or purposes described in Section 1(a) hereof shall be ten years and in Section 1(b) hereof shall be five years. Section 3. 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 in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 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 Supervisor of said Town, 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 5. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town. Section 6. 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 bonds 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 7. The validity of such bonds and bond anticipation notes may be contested only i£ 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or Town of Wappinger Page 24 Printed 7/1/2008 Regular Meeting Minutes June 23, 2008 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 8. This resolution shall constitute a statement of official intent for use in and 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 pennanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full or 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 10. Pursuant to the provisions of Section 36.00 of the Local Finance Law, this resolution is adopted subject to penmissive referendum. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-212 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter CEJ ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator Rl ❑ ❑ ❑ • Tabled Maureen McCarthy Voter D ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly tabled. RESOLUTION: 2008-213 A Resolution Authorizing, the Purchase of a Passenger Vehicle for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated cost of $8,000, and Authorizing the Issuance of $8,000 Bonds of said Town to pay the cost thereof. rtr BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The specific object or purpose of paying the cost of the purchase of a passenger vehicle for the Town of Wappinger, Dutchess County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized, at a maximum estimated cost of $8,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $8,000 bonds of said Town 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 three years, pursuant to subdivision 77 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 not exceed five years, being limited to three years bylaw. 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 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. .r 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. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, Town of Wappinger Page 25 Printed 7///2008 Regular Meeting Minutes June 23, 2008 appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. 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 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. 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 8. 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 be published in full or summary form in the official newspaper of the Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 8 1. 00 of the Local Finance Law. Section 10. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-213 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter a ❑ ❑ ❑ ❑ Defeated William Beale Seconder RI ❑ ❑ 0 * Tabled Vincent Bettina Initiator Z ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly tabled. XII. New Business Councilman Beale New Business Councilman Beale asked if the Town Board has been receiving letters from Jeffrey Strang. Supervisor Colsey confirmed. Councilman Beale noted that the gentleman has a project that he's been working on for 6 years. The project is on Old Route 9, behind Poughkeepsie Nissan. Councilman Beale then asked if Mr. Strang presently has anything before the Planning Board. Al Roberts, Town Attorney, replied that he did and went on to explain the project. Discussion followed. Supervisor Colsey answered that the Board has the letter and can formally consider the request at the next Meeting. Discussion followed. Councilman Paoloni New Business Councilman Paoloni asked if the Town Attorney, Al Roberts, could send a letter to Tony DeRosa. Mr. Roberts replied that, if Councilman Paoloni approved the format, he would circulate it for signature. The letter would go to Roger Higgins, with a copy to Tony DeRosa. Councilman Paoloni then asked about the Cranberry press release. Supervisor Colsey explained that Jim Horan was working on a press release and sent out a draft. Comments from the Board were then sent back to Mr. Horan. Mr. Roberts commented that he has not been involved in this yet. He will get it addressed. Discussion followed. Town ofWappinger Page 26 Printed 7///2008 Regular Meeting Minutes June 23, 2008 XII1. Executive Session Motion To: go into Executive Session at 9:49 PM RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Colsey, Beale, Bettina, McCarthy, Paoloni %W A. MTBE Litigation Motion To: approve Executive Session Resolution RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Motion To: come out of Executive Session at 9:54 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni XIV. Resolutions RESOLUTION: 2008-202 Resolution Approving Settlement WHEREAS, traces of methyl -tertiary butyl -ether (MTBE), tributyl alcohol (TBA) and other contaminants have been found in certain wells in the public water supply serving the United Wappinger Water District; and WHEREAS, the Town Board, by resolution dated February 9, 2004, retained the legal services of the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. (hereinafter "Special Counsel") to commence litigation on behalf of the Town of Wappinger and represent the Town in a class action lawsuit for all damages sustained by the Town as a result of the loss of use of groundwater because of contamination of MTBE, TBA and other contaminates in accordance; and WHEREAS, said litigation was commenced against numerous Defendants in the United States District Court for the Southern District of New York under the caption In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation, Master File No. 1:00-1898 MDL 1358 (SAS), M21-88 (hereinafter the "Action"); and WHEREAS, after substantial litigation, Special Counsel has negotiated a proposed settlement of the Action against a Defendant Lyondell Chemical Company (hereinafter "Lyondell"), and the action continues against other Defendants, including Exxon/Mobil; and WHEREAS, Special Counsel has provided the Town Board and the Attorney to the Town the Settlement Agreement and a Release and Indemnity Agreement (the "Settlement Documents") for their review and consideration, the terms of which are confidential until a final settlement is reached; and WHEREAS, Special Counsel and the Attorney to the Town advise and recommend that the terms of the Settlement Documents are fair and reasonable and should be accepted; and WHEREAS, the Attorney to the Town appeared at a duly called executive session on this date and discussed the Settlement Documents with the Town Board; and WHEREAS, the Town Board determines that it is in the best interest of the residents of the Town of Wappinger to settle the Action against Lyondell in accordance with the terms of the Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the actions it has taken in Executive Session Town of Wappinger Page 27 Printed 7/1/2008 Regular Meeting Minutes June 23, 2008 this evening and hereby determines that it is in the best interests of the Town to settle with Lyondell and by authorizing the execution of the Settlement Agreement as negotiated by Special Counsel, Weitz & Luxenberg, P.C. and Baron & Budd., P.C., a copy of which has been reviewed and approved by the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-202 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ 0 0 ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ 0 0 ❑ Withdrawn Maureen McCarthy Voter El ❑ ❑ ❑ Jose h Paoloni Voter 0 ❑ 0 ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. XV. Town Board Audit of Pending Vouchers RESOLUTION: 2008-205 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2008 WHEREAS, pursuant to Town Law § 119, which sets forth the procedure for the auditing of claims and issuance of warrants where there is no Town Comptroller, the Town Board must audit the claims and issue the warrants for the payment of said claims; WHEREAS, since the office of the Town Comptroller is currently vacant and the duties of auditing claims presented to the Town, and the issuing of warrants authorizing the payment of said claims and bills must be approved by the Town Board; and, WHEREAS, the Town Board has found that all the claims are just and accurate, has directed the Town Accounting Department to prepare an abstract of the audited claims, specifying the number of the claim, the name of the claimant, the amount allowed and the fund and appropriation account chargeable therewith. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby confirms that it has previously audited and approved all the vouchers as identified in the abstracts as provided to the Town Board in support of this Resolution as follows: 1. Abstract 21113 with a total of Three Hundred and Twenty -Seven Thousand, Five Hundred and Eighteen Dollars and 90/100 ($327,518.90); 2. Abstract 21114 with a total of One Hundred and Twenty -Three Thousand, Eight Hundred and Sixty-five Dollars and 00/100 ($123,865.00); 3. Abstract 21115 with a total of Twenty -Two Thousand, Eight Hundred and Thirty -Three Dollars and 36/100 ($22,833.36); 4. Abstract 21116 with a total of One Hundred and Three Thousand, Five Hundred and Eighty -Seven Dollars and 26/100 ($103,587.26); 5. Abstract 21117 with a total of Sixty -One Thousand, One Hundred and Sixty -Six Dollars and 65/100 ($61,166.65); 6. Abstract 21118 with a total of Sixty -Seven Thousand, Seven Hundred and Thirty -Five Dollars and 17/100 ($67,735.17). NOW THEREFORE BE IT FURTHER RESOLVED, the Town Board hereby authorizes the Town of Wappinger Accounting Department to transfer the respective funds into the General Disbursement Fund (GDF) to pay all claims as outlined in Abstracts 21113 through 21118. NOW THEREFORE BE IT FURTHER RESOLVED, the Town Board hereby authorizes the issuance of warrants in accordance with the abstracts identified herein and then shall direct same to Supervisor Christopher Colsey and authorize and direct him to pay the claimant(s) the amount allowed upon their claim. Town of Wappinger Page 28 Printed 7/1/2008 t Regular Meeting Minutes June 23, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-205 A AM Yes/Aye No/Nay Abstain Absent * Adopted Christopher Colsey Voter Rl ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter $3,569.16 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator $207.99 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-206 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: Vendor A AM B DB SR WU CAMO Pollution $3,558.42 Central Hudson $40.90 Orkin MVP $125.63 $8,673.93 $3,569.16 $13,703.04 MVP Gold $2,287.89 $207.99 Automotive Brake $246.10 Sec. By Hammond $1,120.00 West Payment $77.60 West Payment $134.00 Medicus $66.00 $60.00 $174.00 Kent Automotive $ 231.39 Kent Automotive $990.810.81 Carquest $20.81 $97.07 Ruge's Part Center $48.20 Arkel Motors $113.26 Atlantic Pavement $12,284.00 NY Tech Supply $119.6. CSEA $2,116.40 BOA Safe Dep $45.00 Box General Code Tire King $230.95 $1,150.20 Tilcon $200.82 .82 Staples $31.55 $7.53 $7.52 Staples $46.84 Mark Liebermann $25.00 George Kolb $25.00 Transcare $32,916.66 RDS $72.95 Poland Springs $190.15 Verizon Wireless $382.43 $598.11 Totals $13,525.82 $32,916.66 1 $4,554.27 1 $30,526.69 1 $7.53 1 $3,565.94 William Beale, Councilman Ward 1 Vincent Bettina, Councilman Ward 2 Maureen McCarthy, Councilwoman Ward 3 Joseph Paoloni, Councilman Ward 4 Torn of Wappinger Page 29 Printed 71112008 Regular Meeting Minutes June 23, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-206 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 2 0 ❑ 0 ❑ Defeated William Beale Initiator 0 ❑ 0 0 ❑ Tabled Vincent Bettina Voter ❑ ❑ 0 0 ❑ Withdrawn Maureen McCarthy Seconder Rl ❑ 0 0 Jose h Paoloni Voter 21 ❑ ❑ 0 Dated: Wappingers Falls, New York June 23, 2008 The Resolution is hereby duly declared adopted. XVI. Adjournment Motion To: adjourn at 10:03 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina The Meeting Adjourned at 10:03 PM. Join C. Masterson Town Clerk Ton"n of Wappinger Page 30 Printed 7///2008