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2008-08-11 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting August 11, 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 August 11, 2008 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order I[. Pledge of Allegiance II1. Certificate of Appreciation - Riley Finnegan IV. Public Hearings 1. 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 2. Public Hearing for Waiver of Moratorium due to Hardship V. Minutes Approval 1. Wednesday, July 23, 2008 VI. Public Portion V11. Discussions A. 2008 Highway Paving Schedule & Expenditures - Graham Foster B. Recycle Center Policies C. Memorial for Town of Wappinger Clerk/Justice Gloria Morse D. Memorial for Sergeant Palmateer former Town resident E. Highway Garage Environmental Study - Graham Foster F. Dog Park VIII. Bonding Resolutions 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. Tabled 6/23/2008 7:00 PM 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. Tabled 6/3/2008 7:00 PM IX. Resolutions 2008-228. Resolution to Reconvene the Town of Wappinger Disaster Preparedness Committee 2008-229. Resolution Appointing a Representative to the 2009 Hudson -Fulton - Champlain Quadri-Centennial Celebration Preparation Meetings 2008-230. Resolution Requesting NYSDOT to Construct a Rotary at NY 376, All Angels Hill Road and New Hackensack Road 2008-231. Resolution Introducing Local Law No. of 2008 Amending the Zoning Law So as to Include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the Single -Family Residential Zoning Districts 2008-232. Resolution Clarifying Certain Dates and Events During the Calendar Year 2008 2008-233. Resolution Introducing "Local Law No. of the Year 2008, Creating a New Article Vii of Chapter 35 of the Town Code, `Justice Court Personnel', and Repealing Local Law 9 of 1991 Codified as Article Iii of Chapter 35 `Deputy Court Clerk' of the Code of the Town of Wappinger" 2008-234. Resolution Appointing Town Historian of the Town of Wappinger 2008-235. Resolution Authorizing Refund of Unused Escrow for Maloney Heights Subdivision (Account 03-5080) 2008-236. Resolution Authorizing Refund of Unused Escrow for Direct Buy (Account 05-4023) 2008-237. Resolution Authorizing Refund of Unused Escrow for BRH Realty Subdivision (Account 03-5071) 2008-238. Resolution Authorizing Refund of Unused Escrow for Road Inspections of BRH Realty Subdivision (Account 03-5071) 2008-239. Resolution Authorizing Refund of Unused Escrow for Barger Family Trust (Account 06-3120) 2008-240. Resolution Authorizing Refund of Unused Escrow for Corporate Park 2008-241. Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota 2008-242. Resolution Adopting Base Percentages, Current Percentages and Current Base Proportions Pursuant to Real Property Tax Law Article 10 for the Levy of Taxes on the 2008 Assessment Roll 2008-243. Resolution Authorizing Purchase of Certain Parcels of Real Property from Dutchess County After in Rem Tax Foreclosure 2008-244. Resolution Authorizing Settlement of Wappinger Shopping Center Tax Certiorari 2008-245. Resolution Introducing Local Law No. of the Year 2008, Amending Chapter 103 of the Wappinger Code to Increase Exemption Limits on Construction Contracts 2008-246. Resolution Authorizing the Town Supervisor to Solicit Bids for Repairs to the Emergency Services Building Smoke and Fire Alarm System X. Items for Special Consideration XI. New Business X11. Executive Session A. MJ Watch B. Cranberry C. Dutchess County Rail Trail X111. Town Board Audit of Vouchers Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2008 Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2008-247 2008-248. 2008-249 XIV. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ~ Minutes ~ Chris Masterson 845-297-5771 Monday, August 11, 2008 7:00 PM Town Hall Call to Order Supervisor Colsey called the Meeting to Order at 7:06 PM. Attendee Name Organization Title Status Arrived Departed Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Late 7:07 PM Vincent Bettina Town of Wappinger Councilman Present 9:32 PM Maureen McCarthy Town of Wappinger Councilwoman Absent Joseph Paoloni Town of Wappinger Councilman Present David Stolman Town of Wappinger Town Planner Present Al Roberts Town of Wappinger Town Attorney Present Peter Setaro Town of Wappinger Engineer to the Town Present Graham Foster Town of Wappinger Highway Superintendent Present Pledge of Allegiance Certificate of Appreciation - Riley Finnigan Supervisor Colsey noted that this first item was brought to his attention by Ralph Holt, Chairman of the Recreation Commission. Mr. Holt was unable to attend this Meeting as he is out of town. He asked that the Town Board recognize Mr. Riley Finnigan. Mr. Finnigan, as part of his Eagle Scout process, did a lot of work at Reese Park. Some of the work included clearing areas and installing benches. The Supervisor then presented Mr. Finnigan with a certificate of appreciation. Public Hearings Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy 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 Supervisor Colsey opened the Public Hearing at 7:11 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). Supervisor Colsey asked the Town Attorney, Al Roberts, to explain the Local Law. Mr. Roberts explained that the Laws known as Chapter 718 of the Laws of 2006 authorize a consolidation of all the water districts and water improvement areas that were interconnected in the Town. When this legislative process was started, the Meadowood Water District was in its infancy. Although the format of Chapter 718 is sufficient to include Meadowood, it was inadvertently omitted when the Board adopted the findings. This proceeding verifies that Meadowood is a part of the United Wappinger Water District. Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. Supervisor Colsey asked for comments from 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 was closed at 7:11 PM. Town of Wappinger Page I Printed 812112008 Regular Meeting Minutes August 11, 2008 RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy r, Town of Wappinger Page 2 Printed 8/21/2008 CERTIFICATION OF POSTING STATE OF NEW YORK ss.: COUNTY OF DUTCHESS I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That on the 26"' day of June, 2008, I caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of Adoption of a bond resolution adopted by the Town Board of said Town on the 23"d day of June, 2008. A true and correct copy of such Notice of Adoption is attached hereto. Sworn to before me this 26th day of June, 2008. Notary Public DENISE MACIO Notary Public Stade of New York Qualified in Dutchess County Commission Expires 6 / 4 / 26 1 0-0, C 4tL� Town Clerk .,0l!THFRN C)LITCHESS NEWS BFAC:()N FREE PRESS 84 EAST MATH STREET-- LIAPPI[AGiFR`=> FAL.t S, NY Dist M D' A -t 1 Ci jEt v 1 t Ci -F F> kik kr To: TOMA OF WAPPT NEER--� FALLS (-/0 TOWN CLERKS OFFTCF 20 MIDDI_FBIISH RD, WAPP Ir.IG RS FALLS, tAY 125`=)0 Re:: Legal. notice #81-5,90 State c,)f Ni=I.J YORK 1 } SS: ('ottnt'r, (-)f DUTCHESS l T , PH) I L f .JUTT , L) e, i, ng dtt l y Stdc:>T 1'r , dept>s8 a sa> : that T am the PUBLISHER of Smit.hern r i')t_rtchess; NeWs , a t•. ae k l y newspaper of gene g irc,t..tlat.ion published in lAAPPlNt ERS FAL-1-S, E C:ctlnt:y of DHT(-'HFSS, State of (AEW YORK; and l thata notice of which the annexed is a i pr i nt e.d COPY, W,3S ChI 1 y PUh l i shed in Sout.herl Dutchess News once on 07/02/08. s S n to before F-ra t.hi.s 2nd day of July, 2C. ALBERT M ()STEN Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHFSS Courrt-y Piy commission expires on May 1.6, 2011 RECEIVED JUL 0 7 2008 TOWN CLERK red prior p e date of P 5lidation s '!bed, as s hall be- and; f not paid ;; F l`=;such h 5taxable;:. t, ytwithm shall= bet e; levy of 1"j xesvylth � k P_: as to ratelp; li fficientto,: f he K sof P iger lud- ons i -�'�-yd w..%0 %,Pt„.%j8k,�i ®-wULId ii It'll OLa hese i , N.Y. AFFIDAVIT OF PUBLICATION MAUREEN CIESLUK NOTARY PUBLIC, STATE OF NEW YORK N0.01 CI5096485 QUALIFIED IN DUTCHESS COUNTY CONIMISSION EXPIRES OCTOBER 14, 200 State of New York RECEIVED ECEIVED County of Dutchess E� City of Poughkeepsie �L 2 a 2008 TOWN CLERK' 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 Poughkeepsi, 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, commencingo� n the _.Za,Zdiday of July in the year of 2008 and on the following dates thereafter, namely on: m.. and ending on the day of the year of 2008------------ .in ,both days inclusive. Subscribed and sworn to before me this � � d of % l �f -- day in the year of 2008 ry Public MY conuMission expirbs Regular Meeting Minutes August 11, 2008 Public Hearing for Waiver of Moratorium due to Hardship Supervisor Colsey opened the Public Hearing at 7:13 PM. He explained that, in June, the Town enacted a short terin moratorium to finish the Town -wide Comprehensive Plan. As a part of that, there was a provision for hardship appeals. Mr. Jeffrey L. Strang has provided a letter to the Town requesting that his hardship appeal be granted. Supervisor Colsey asked the Town Attorney, Al Roberts, if he had any comments to add. Mr. Roberts briefly explained the process of requesting a waiver. Town Clerk Chris Masterson offered for the record the Affidavits of Posting, Publication and Mailing, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Mr. Strang then addressed the Board on the reasons that he was requesting an exemption. The main objections that Mr. Strang had were: that his parcel is non-residential, that his parcel is less than 5 lots, and that his zone is HB t and is not listed as a zone affected by the moratorium. He also noted that this would create a financial hardship for him. He has been working on this plan for about 7 years. It has been revised twice based on the Town's input. He has invested approximately $140,000 in this project since its 2001 inception. Supervisor Colsey asked where the applicant stood if the Board were to grant the exemption. He wanted to know if the applicant was able to be on the next available Planning Board Agenda. Mr. Strang confirmed. Mr. Roberts clarified that this is a mixed use project that has both a commercial and a residential component. Councilman Beale noted that this project has evolved and is consistent with the Comprehensive Plan outlook for that area. David Stolman, Town Planner, noted that he did not predict a zoning change that would prevent Mr. Strang to proceed. Councilman Beale asked if the Town Planner felt that it was justified that this project was affected by the moratorium. Mr. Stolman summarized that Mr. Strang feels that there are technical reasons that he does not fall under the moratorium. That is not consistent with Mr. Stolman's understanding of the moratorium. It was specifically crafted to include mixed use, which is what Mr. Strang is proposing. Therefore, he would very clearly be included in the moratorium. He can't tick off the things that don't apply and skip the one that does. Mr. Stolman does not feel that the Comprehensive Plan is going to change in such an extent that would prohibit this project from moving forward after the moratorium expires. Discussion followed. Supervisor Colsey opened the floor to the public. There were no comments. The Supervisor then read comments from a letter submitted by Wayne Thompson, a Poughkeepsie resident. The letter was submitted by Mr. Thompson on behalf of certain residents on Old State Road. The Town Clerk asked if this letter was to be on file on part of the Minutes. Supervisor Colsey replied that it is to be on file, but Councilman Paoloni asked to hear content of the letter. Supervisor Colsey summarized each paragraph of the letter. Mr. Thompson's letter noted opposition to granting the waiver. Councilman Bettina asked if Mr. Thompson was admitted to the BAR or if he is simply a Town of Poughkeepsie resident making statements. Councilman Paoloni found it interesting that a Town of Poughkeepsie resident has an interest in this. Councilman Beale noted that he is unable to figure out, even after speaking with the gentleman several times, what his interest lies in this concern. He questions what Mr. Thompson's motives are. Mr. Roberts noted that Mr. Thomson claims to represent certain residents, but those residents have not signed the letter. Discussion followed. Councilman Paoloni asked a question whether this was a hardship. Councilman Beale replied that it is. He went on to say that the applicant has made an effort to comply with the Town's vision of that corridor. He has changed his plan to comply with the Town's vision and has become a victim of the moratorium. The Councilman also noted that the moratorium was put in place so that the Board could be consistent with the Comprehensive Plan. Mr. Roberts explained the steps still needed to be taken. If the Board did grant this exemption, the project still would not be approved any time in the next few weeks. Discussion followed about the setting of precedents and how it would apply to other requests. Supervisor Colsey asked for a motion to close the Public Hearing. There were residents still wishing to speak. Mr. Strang commented on statements made by the Town Attorney. Mr. Strang feels confident that he will be able to go back to the Planning Board with a complete set of plans. Mr. Roberts asked if the HB zone permits this particular site plan to be approved. Mr. Stolman replied that it would. Wayne Thompson addressed the Board on behalf of residents on Old State Road. Supervisor Colsey noted that he had already read the letter. Mr. Thompson claimed that this is not a hardship application, it is merely a delay. He went on to list the other items that he objected to. Councilman Beale asked Mr. Thompson what his connection to the property is. Mr. Thompson replied that he is friends with Vince Liardo and he finds the Councilmember's question offensive. Discussion about the language of the Local Law followed. Councilman Paoloni noted that this project will probably continue after the moratorium. He gets the sense that there is something else going on, that someone really doesn't want this project. He recommends that, if that is the case, these people get to the Master Plan Meetings to voice those Town of Wappinger Page 3 Printed 8/2//2008 Ll 7 Regular Meeting Minutes August 11, 2008 opinions. Supervisor Colsey asked the Town Professionals if there is anything precluding the applicant from continuing to work with the Department of Health to rectify the issues. Mr. Roberts answered that the Health Department issues are handled at the County, not the Town. The applicant can handle those issues separately. Councilman Beale noted that the issue is that the applicant has a financial hardship. Mr. Thompson asked when complying with Town codes and regulations is a consideration for any Board which has a plan before it. He feels that it is the Board's responsibility to make sure that the Town Code is applied to the project. The Board should not be concerned with if the Code costs the applicant too much. Vince Liardo thanked the Board for reading the letter and putting it in the record. Councilman Beale asked where the other residents were that he claimed to be representing. Mr. Thompson replied that he "is working as a spokesman, articulating their concerns before a Board, which they may not have the wherewithal to articulate in a fashion that would be understood and applied by the Board at this point in time". Councilman Beale asked if Mr. Thompson was being remunerated for this service. Mr. Thompson replied that he was not. Discussion followed. Councilman Beale commented that it seems there is a personal vendetta by the residents of that area against the applicant. In his opinion, this is consistent with the Comprehensive Plan. One of the residents recommended that Councilman Beale attend the Planning and Zoning Board Meetings to see what the objections are. Discussion followed. Supervisor Colsey called for a motion to close the Public Hearing. Councilman Bettina made the motion. It was seconded by Councilman Beale and passed unanimously. The Public Hearing was then closed at 7:48 PM. RESULT: MOVER: SECONDER: AYES: ABSENT: Torn of Wappinger CLOSED [UNANIMOUS] Vincent Bettina, Councilman William Beale, Councilman Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni Maureen McCarthy Page 4 Printed 8/21/2008 TOWN BOARD= TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING FOR "WAIVING OF MORATORIUM DUE TO HARDSHIP" 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 July 28th, 2008, your deponent posted a copy of the attached Notice of Public Hearing for "Waiving of Moratorium due to Hardship", 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. �LA�— �Ohn C. Nfasterson Town Clerk Town of Wappinger Sworn to before me the 28th day of July 2008 NOTARY PUBLIC DENISE MACIO 01 MA6168116 Notary Public State of New York Qualified in Dutchess County Commission Expires 6 / 4 / 20 I 'loot S0(JTHFRN I)E,JTC+1ESS NEI.+JS BEACON FREE: PRESS 84 E=AST MAT.N STREET' WAPP T N(=iERS FALLS, NY 12590 A -F -rF 1. ci —=* %_0 i -t c_, -IF P u b 1. 1 r_— a. tt 1 c). n T c, TOL+.IN C)F IdAPP T NG F RS F AI. I.. c, C/0 TOWN CI._t=RKS 0FFT('E r1 0F)I F R I )S! -I PD , 1JAPPTM,mFRS AtJ_S;: NY 1.2-)`)0 P..,= Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York i id LG" County of Dutchess AUG % City of Poughkeepsie Y�. 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 30th day of July in the year of 2008 and on the following dates thereafter, namely o and ending on the day of in the year of 2008 ,both days inclusive. Su;aFrn to before me t(iis da of the year of 2008 MAUREEN CIESLUK ( -or°r NOTARY PUBLIC, STATE OF NEW YORK NO 0105096485 Notary Public QUALIFIED IN DUTCHESS COUNTY f COMMISSION EXPIRES OCTOBER 14, 2001 qty commission expires �� NOTICE OF PUBLIC HEARING AFFIDAVIT OF MAILING STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) JOHN C. MASTERSON, being duly sworn, deposes and says: I am over the age of eighteen (18) years of age and I reside at 5306 Princess Circle, Wappingers Falls, New York. On the 28`x' day of July, 2008, I served a true copy of the annexed Notice of Public Hearing by mailing a copy of same in a sealed envelope with a pre -paid postage thereon in a Post Office or official depository of the U.S. Postal Service within the Town of Wappinger, Dutchess County, New York, addressed to the last know addresses of the addressees as set forth on the attached Schedule No. I I. -.s JO C. MAWERSON TZ Clerk Sip to befor me on this A day of ; 2008 l NOTARY PUBLIC DENISE MACIO 01 MA6168116 Notary Public State of New York Qualified in Dutchess County Commission Expires 6 / 4 / 20�[ Regular Meeting Minutes August 11, 2008 V. Minutes Approval Wednesday, July 23, 2008 ✓ Vote Record.- Acceptance of Minutes for July 23 2008 7:00 PM Superintendent, discussed his paving plans. He referenced a memo that he wrote in June, which was prepared in May, that listed the roads he planned to pave. Those roads are Wildwood Drive, Lea Lane, Wheeler Hill Road and Booth Boulevard. In his opinion, they are the worst roads in the Town. He noted that the roads could have been done when his memo was written, but he Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter a ❑ ❑ ❑ D Accepted William Beale Initiator El❑ sewer. Mr. Foster also noted that he is looking to protect the $150,000 that the Town would be ❑ ❑ ❑ Accepted as Amended Vincent Bettina seconder 0 ❑ ❑ ❑ ❑ Tabled able to be completed. Councilman Paoloni then noted that other Towns across the Nation are putting off paving expenditures. He asked why Wappinger would be the one Town in the Country not to put these projects off in the midst of a recession. Mr. Foster answered that these Maureen McCarthy Voter ❑ ❑ ❑ 0 Mr. Foster replied that these forms and figures are on file in the Comptroller's Office. Joseph Paoloni Voter D ❑ p ❑ VI. Discussions A. 2008 Highway Paving Schedule & Expenditures - Graham Foster Supervisor Colsey opened the discussion at 7:53 PM. Graham Foster, Highway Superintendent, discussed his paving plans. He referenced a memo that he wrote in June, which was prepared in May, that listed the roads he planned to pave. Those roads are Wildwood Drive, Lea Lane, Wheeler Hill Road and Booth Boulevard. In his opinion, they are the worst roads in the Town. He noted that the roads could have been done when his memo was written, but he does not feel that the whole plan can now be completed. Blacktop has gone up 40%-60% since June. Councilman Paoloni noted that that was his point. He was asking that perhaps this could be put off for one more year. Mr. Foster commented that the Town is currently not keeping up it's infrastructure. In the past, he planned on paving 7 miles of road per year. Now, he would be lucky to be able to pave 1.5 to 2 miles, due to the increase in costs. Instead of increasing the budget for paving with the costs of living, blacktop and labor, the Town has been cutting it. The Town is reaching a critical point in areas of infrastructure such as paving, drainage, water and sewer. Mr. Foster also noted that he is looking to protect the $150,000 that the Town would be getting from CHIPS. CHIPS is based on the number of miles that the Town has on inventory with the State. If the Town does not maintain a constant level of expenditures from Town funds, CHIPS will not give the Town its allocation. He is also trying to protect the "multi -modal". There is $132,000 in multi -modal money due back to the Town this year for previous expenditures. If the Board wanted to lean towards using that money, some of the paving may be able to be completed. Councilman Paoloni then noted that other Towns across the Nation are putting off paving expenditures. He asked why Wappinger would be the one Town in the Country not to put these projects off in the midst of a recession. Mr. Foster answered that these other towns may be up-to-date in their paving schedule, whereas Wappinger is 10 years behind. Councilman Paoloni asked for the Supervisor to ask the Town Accountant to provide the level of spending over the past 19 years. He would like to also see how the CHIPS money kicked in. Mr. Foster replied that these forms and figures are on file in the Comptroller's Office. Discussion about the CHIPS applications followed. Councilman Paoloni then discussed a comment made by Mr. Foster about not paving by ward in the past. The Councilman drove the roads that are on the list to be paved. He also drove roads in his ward that he feels to be in as bad shape. Each Councilman in each ward, in the Councilman's opinion, should present roads that they feel need to be paved. The representatives should be checking to ensure their roads are being paved. Mr. Foster asked what roads the Councilman feels are worse that the roads listed. Councilman Paoloni answered that Brook Place is one road. Mr. Foster replied that Brook Place and Briar Lane have not been done. Discussion followed. Councilman Paoloni then noted that he would like to see the roads to be paved within the text of the Bond. He went on ask about the costs of blacktop and how much blacktop would cover certain lengths of roadway. Mr. Foster noted that he had a book containing information about when roads have been paved. Discussion followed. Councilman Bettina asked how long this could be delayed before it affects the CHIPS money. Mr. Foster answered that, once the Board authorizes the bond, it will take a minimum of 30 days to get by the permissive referendum. Then it will have to be scheduled. As of now, he would be looking at paving in October. If the paving is done in October, lines will not be able to be painted. He can't understand why it has taken two months to get to this point. Councilman Beale explained that he understands the hesitation. He noted that there are record oil prices. Mr. Foster added that blacktop hasn't dropped at all. The Board then discussed the level of paving that should be done and what would be the effect to the CHIPS money. Sal Pennini, of Public Finance Associates, Inc., was present to discuss the procedure and costs associated with processing this bond. Supervisor Colsey asked if there were any other questions from Mr. Foster. Mr. Foster asked the Supervisor to let him know how much money he is getting so that he can tell how much paving he can do. Supervisor Colsey then asked if the Highway Superintendent wanted Town of Wappinger Page 5 Printed 8/2//2008 Regular Meeting Minutes August 11, 2008 software to keep track of the paving so that he could stop using the book. Mr. Foster explained that the book is all he has to see what was paved. The book, which he made 20 years ago, contains the road names and when they were paved. Councilman Bettina asked if the Highway Superintendent had an Excel Spreadsheet to do that tracking. Mr. Foster answered that he has been asking for software for 19 years and hasn't gotten any. Supervisor Colsey closed the discussion at 8:22 PM. B. Recycle Center Policies Supervisor Colsey opened the discussion at 8:22 PM. He explained that there have been numerous issues over the years such as who can use the site and how much to charge. He then asked what the Board felt about a "pay as you go" program. Councilman Bettina feels this program should at least break even. He went on to say that he has had many complaints about residents having to put stickers on their cars or not being able to rent a truck or borrow a car to dump their garbage. There are also residents that have ID with Wappingers Falls on it, but they are residents of other towns. Supervisor Colsey pointed out that the Town is running a deficit. The expenses are over $44,000 and the revenues are roughly $29,000. Councilman Paoloni felt that he could solve all of the recycle center problems by having no stickers and no monitoring. If one rate is charged to the users of the site, the site would pay for itself and there would be no impact to town taxes. It would be a true pass-through system. In this case, someone that is using the site several times would be paying for such usage. Graham Foster, Highway Superintendent, noted that it is not uncommon to have 600 cars on a Saturday morning. He doesn't know how the Board plans on opening it up to all the surrounding towns and still be able to handle the volume. Councilman Paoloni explained that the volume is a function of the cost. Someone that has one piece of garbage to dump would still have to pay the fee and may choose to wait. This could actually decrease the volume. The volume cannot be judged at zero cost. Councilman Bettina agreed but feels that there needs to be a higher charge for non- residents. Councilman Paoloni reminded Councilman Bettina of all of the problems associated with proving residency. Supervisor Colsey asked the Town Clerk, Chris Masterson, how he monitors trash tickets. Discussion followed. Supervisor Colsey asked how many complaints the Town Clerk received for trash ticket transactions. The Town Clerk answered that he doesn't get many complaints for that at all. The Supervisor asked whether a ticket based system for the rest of the recycle center would work as well. The Town Clerk replied that he would predict that type of system to work. Supervisor Colsey went on to say that the Town could still require identification to prove residency. The Town Clerk answered that the residency is the main problem and it is a problem going back years. Supervisor Colsey commented that he is just trying to address the capacity issue. Councilman Paoloni noted that he feels many non-residents are using the facility. Supervisor Colsey agreed. The Councilman went on to say that the Town shouldn't be so quick to eliminate the non-residents. Discussion about the possibility of turning the site into a profitable center followed. Councilman Paoloni feels that the Board should sit down and figure out how to implement this. At the top of the list of things to address is the process of proving residency. Councilman Beale feels that it needs to be much simpler than it is. He agrees that there should be a workshop to discuss the center. Supervisor Colsey noted that there are residents that are using the recycle center for business purposes at the Town's expense. The Town Clerk clarified that the particular person that the Supervisor is referring to is a Town resident. Mr. Foster added that, if the person has a sticker, he is permitted to enter the site. Supervisor Colsey explained that this resident made a scene and stated that he dumps every Wednesday and Saturday. This suggests there is an outside interest. Councilman Beale asked for clarification on what the refuse tickets permitted the residents to dump. Mr. Foster explained what the tickets were for. Discussion followed. Supervisor Colsey closed the discussion at 8:39 PM. C. Memorial for Town of Wappinger Clerk/Justice Gloria Morse Supervisor Colsey opened the discussion at 8:39 PM. Councilman Bettina stated that there should be some kind of memorial honoring former Town Justice and Town Clerk Gloria Morse. George Kolb, Director of Code Enforcement, and Supervisor Colsey are currently working on a memorial. Graham Foster, Highway Superintendent, has been told by Sunny Gardens that they will donate a tree for the memorial. Mr. Kolb is raising private money for the memorial. Councilman Bettina would like something sent to the newspapers that the Town is soliciting donations. Town of Wappinger Page 6 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 D. Memorial for Sergeant Palmateer former Town resident Supervisor Colsey opened the discussion at 8:40 PM. Councilman Beale stated that he and the Legislative Aide, Joseph Incoronato, have been looking at a parcel in the Town to turn into a memorial for Army Sgt. Mark Palmateer. He would like this in place by Memorial Day 2009. Councilman Bettina recommended the option of putting the memorial in front of the Town Hall near the 9/11 memorial. Councilman Beale agreed and went on to note how this was the first local line of duty death directly related to the 9/11 attacks. Al Roberts, Town Attorney, speaking as a resident, noted that many communities have a memorial to all residents that have passed while serving in previous wars. He thought it may be appropriate to have the Historian go through the archives to find records to honor those fallen servicemembers. Councilman Beale added that the Village of Wappingers Falls lost more residents, per capita, than any other community in the United States. Supervisor Colsey closed the discussion at 8:44 PM. E. Highway Garage Environmental Study - Graham Foster Supervisor Colsey opened the discussion at 8:45 PM. Graham Foster, Highway Superintendent, noted that the Town Engineer, Bob Gray, had requested three quotes for this project. Unfortunately, the Town's email technology has not caught up to the way the Town is doing things. Two of the quotes are not signed. He feels that this item needs to be tabled. He also noted that one of the quotes is vague. Peter Setaro, Town Engineer, further described the quotes that were received. Discussion followed. Supervisor Colsey recommended moving this item to the next Agenda. He then closed the discussion at 8:47 PM. F. Dog Park Supervisor Colsey opened the discussion at 8:47 PM. Councilman Bettina noted that he walked through the area at Carnwath that would be suitable for the dog park. Graham Foster, Highway Superintendent, pointed out that this is the septic area. Councilman Bettina confirmed and went on to describe the area. He explained that it wouldn't cost any money because it could come out of the Parkland Trust. Supervisor Colsey commented that he was contacted by a resident that wanted to know why the Town was spending $30,000 of taxpayers money. Councilman Bettina again noted that this money would be coming from the Recreation fees that come from the developers and go into the Parkland Trust Fund. The Parkland Trust money would be used and not the taxpayers money. Supervisor Colsey asked what the Recreation Maintenance workers' responsibilities would be. Councilman Bettina briefly described the duties. He also noted that he has been contacted by 16 residents that requested a dog park. The Board has looked at seven parcels that all had something prohibiting a dog park. In that time, two other municipalities that weren't even discussing this idea back then have moved forward with dog parks. He feels it is time to move forward and get something accomplished. Joe DeRosa, a Town Recreation Maintenance employee, noted that he is the gatekeeper at Carnwath. He frequently encounters residents that let their dogs run loose at that property. Councilman Bettina replied that the dogs wont be able to run loose once the dog park is there. He also noted that there is a Town "Leash Law". Discussion followed. Supervisor Colsey closed the discussion at 8:53 PM. VII. Public Portion Motion To: suspend the Rules for Public Comment on the Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Public Comments on the Agenda Items Supervisor Colsey asked if there were any comments from the public on the Agenda items. There were none. Town of Wappinger Page 7 Printed 8/21/2008 TZ, Regular Meeting Minutes August 11, 2008 Motion To: reinstate the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, ABSENT: Maureen McCarthy VIII. Bonding Resolutions Motion To: untable Resolution 2008-208 RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [3 TO 11 William Beale, Councilman Vincent Bettina, Councilman Vincent Bettina, Joseph Paoloni Christopher Colsey, William Beale, Vincent Bettina Joseph Paoloni ABSENT: Maureen McCarthy Motion To: amend Resolution 2008-208 to $209,000 RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy 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 $209,000 and Authorizing, Subject to Permissive Referendum, the Issuance of $209,000 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, landscaping, grading or improving rights-of-way, as well as and other incidental improvements and expenses in connection therewith, is hereby authorized, SUBJECT TO PERMISSIVE REFERENDUM, at a maximum estimated cost of $209,000. Section 2. SEQR DETERMINATION: It is hereby determined that the aforesaid purpose constitutes a Type 11 Action under the regulations of the State of New York promulgated pursuant to the State Environmental Quality Review Act which, as such, will not have a significant adverse impact upon the environment. Section 3. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $209,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Subject to the provisions of the Local Finance Law, the power to authorize Town of Wappinger Page 8 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 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) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. Upon this resolution taking effect, the same shall be published in full or in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 11. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-208 Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. Councilman Beale Statement Councilman Beale would like the idea of an infrastructure capital reserve fund to be entertained as the Town approaches the Budget process. Motion To: untable Resolution 2008-209 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Town of Wappinger Page 9 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 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. 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. Town of Wappinger Page 10 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-209 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy No/Nay Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter ❑ 0 ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ 0 Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby tabled. Motion to: , at the recommendation of the Highway Superintendent, go out to bid for the $47,000 worth of equipment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy IX. Resolutions RESOLUTION: 2008-228 Resolution to Reconvene the Town of Wappinger Disaster Preparedness Committee WHEREAS, the Town of Wappinger Town Board authorized an update of the Town of Wappinger Disaster Preparedness Plan in 2002; and WHEREAS, the Town of Wappinger Town Board appointed Mark Liebermann as the Chairperson of this committee; and WHEREAS, the Town of Wappinger Disaster Preparedness committee met regularly through 2005 to complete its assigned task; and WHEREAS, the former Chairperson of Town of Wappinger Disaster Preparedness Committee has identified opportunities to update the current Plan NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town of Wappinger Disaster Preparedness Committee to reconvene with the purpose of updating the current Town of Wappinger Disaster Preparedness Plan and hereby appoints Mark Liebermann as the Chairperson of this Committee. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby directs the Chairperson to propose a list of members to the Town Board for its consideration and approval. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger further directs the Chairperson to develop criteria within the revised Plan in coordination with the Dutchess County Animal Response Team. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-228 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator El ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 11 Printed 812112008 Regular Meeting Minutes August 11, 2008 Motion To: amend Resolution 2008-229 wording and inserting Mary Schmalz RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy RESOLUTION: 2008-229 Resolution Appointing a Representative to the 2009 Hudson -Fulton -Champlain Quadri- Centennial Celebration Preparation Meetings BE IT RESOLVED, that Mary Schmalz is hereby appointed to be the chairperson for the Town of Wappinger respective to the Hudson -Fulton -Champlain Quadri-Centennial Celebration planning meetings. BE IT FURTHER RESOLVED, that any proposed expenses related to the Hudson - Fulton -Champlain Quadri-Centennial Celebration preparations shall be submitted in advance to the Town of Wappinger in written form and such shall be considered in accordance with the Town of Wappinger Procurement Policy. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-229 No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter _Yes/Aye El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ El ❑ Withdrawn Joseph Paoloni Seconder El ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-230 Resolution Requesting NYSDOT to Construct a Rotary at NY 376, All Angels Hill Road and New Hackensack Road WHEREAS, the Members of the Town Board acknowledge that the intersection of NY 376, All Angels Hill Road and New Hackensack Road near the Dutchess County Airport is a heavily trafficked intersection resulting in numerous traffic delays, especially at peek commuting hours; and WHEREAS, in an effort to decrease traffic congestion at this intersection, the Town Board is desirous of having the New York State Department of Transportation investigate the possibility of constructing a rotary at said intersection. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Supervisor, Christopher J. Colsey, to send a letter to the New York State Department of Transportation formerly requesting a feasibility study to determine if the construction of a rotary at the intersection of NY 376 with County roads, All Angels Hill Road and New Hackensack Road will result in a decrease in traffic congestion, and if the feasibility study so determines, that the State construct a rotary at said intersection. 3. A certified copy of this Resolution is to be attached to the letter to be forwarded by Supervisor Colsey. Town of Wappinger Page 12 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-230 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 and is otherwise ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make Yes/Aye No/Nay Abstain Absent ® Adopted --- Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder m ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter D 13 ❑ ❑ 11 Tabled Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ El Joseph Paoloni Initiator a ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-231 Resolution Introducing Local Law No. of 2008 Amending the Zoning Law so as to Include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the Single -Family Residential Zoning Districts WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Law should be amended so as to include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the single-family residential zoning districts (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 of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. _ of 2008 in the form annexed hereto; 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 and is otherwise ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Zoning Law. 3. The Town Board hereby schedules a public hearing regardin� the adoption of the annexed proposed Local Law No. of 2008 for 7:00 PM on the 22n day of September, 2008, and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Zoning Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. Town of Wappinger Page 13 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-231 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ _ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2008-232 RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Vincent Bettina, Councilman William Beale, Councilman Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni Maureen McCarthy RESOLUTION: 2008-232 Resolution Clarifying Certain Dates and Events during the Calendar Year 2008 WHEREAS, the Town of Wappinger annually produces a schedule of meeting dates and events, to include paid holidays; and, WHEREAS, certain clarifications are necessary to ensure proper employee and public notice BE IT RESOLVED, that the following schedule accurately reflects a schedule of dates and events in respect to the business of the Town of Wappinger: Town Board Meeting, Monday, August 11 Labor Day, Monday, September 1 Columbus Day, Monday, October 13 Election Day, Tuesday, November 4 Veterans Day, Tuesday, November 11 Thanksgiving, Thursday, November 27 and Friday, November 28 Christmas, Thursday, December 25 Employee Floating Holiday, Friday, December 26 BE IT FURTHER RESOLVED, that the Town of Wappinger shall resume its regular schedule of Town Board meetings on Monday, September 8, 2008. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-232 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 14 Printed 8/2112008 Regular Meeting Minutes August 11, 2008 RESOLUTION: 2008-233 Resolution Introducing "Local Law No. of the Year 2008, Creating a New Article VII of Chapter 35 of the Town Code, `Justice Court Personnel', and Repealing Local Law 9 of 1991 Codified as Article III of Chapter 35 `Deputy Court Clerk' of the Code of the Town of Wappinger" WHEREAS, it has come to the attention of the Town Board that the positions of Court Clerk, Deputy Court Clerk and Clerks to the Justices must be authorized by Local Law and not by Resolutions; and WHEREAS, it appears that these positions were approved and created by the Town Board by Resolution and/or Motion of the Town Board many years ago and not by Local Law; and WHEREAS, the Town Board wishes to adopt a Local Law to approve and create the aforementioned positions in accordance with New York State Civil Service Law Section 41. L(d) by enacting a new Article VII to Chapter 35 of the Code of the Town of Wappinger entitled Justice Court Personnel; and WHEREAS, the previous Town Code provisions contained in Article III Chapter 35 regarding the Deputy Court Clerk will be incorporated in the new Article VII of Chapter 35; and WHEREAS, the Town Board determines that this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No._ of 2008 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of 2008 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 22nd day of September, 2008, at 7:00 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-233 ® Adopted - Yes/Aye No/Nay Abstain Absent AdopDefeated ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ ed William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-234 Resolution Appointing Town Historian of the Town of Wappinger WHEREAS, a Town Historian was appointed in accordance with the annual Town of Wappinger Reorganizational Meeting; and WHEREAS, such appointee was unable to complete the Oath of Office process in a timely manner due to out of state travels. NOW, THEREFORE, BE IT RESOLVED, that Constance O. Smith is hereby appointed as Town Historian of the Town of Wappinger for 2008. Town of Wappinger Page 15 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-234 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 13 ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Initiator El ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-235 Resolution Authorizing Refund of Unused Escrow for Maloney Heights Subdivision (Account 03-5080) WHEREAS, on or about December 15, 2003, JOSEPH NESHEIWAT (hereinafter the "APPLICANT") filed an application for approval of a Realty Subdivision under Application Number 03-5080 (hereinafter the "APPLICATION"); and WHEREAS, on or about, November 24, 2003, the APPLICANT deposited Twenty -Two Thousand Five Hundred and 00/100 Dollars ($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, the APPLICATION was approved and a Final Subdivision Plat was signed on March 27, 2008; and WHEREAS, all professional fees incurred during the review of the APPLICATION have been paid and a balance of Three Thousand, Five Hundred Seventy -Three and 75/100 Dollars ($3,573.75) remains in the escrow account and the APPLICANT 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 the APPLICANT. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Three Thousand, Five Hundred Seventy -Three and 75/100 Dollars ($3,573.75) shall be made to JOSEPH NESHEIWAT representing a refund of the remaining escrow balance for the APPLICATION. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-235 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-236 Resolution Authorizing Refund of Unused Escrow for Direct Buy (Account 05-4023) WHEREAS, on or about July 18, 2005, Mycor Holdings, Inc. (hereinafter the "APPLICANT") filed an application for approval of a Site Development Plan under Application Number 05-4023 (hereinafter the "APPLICATION"); and WHEREAS, on or about, July 1, 2005, the APPLICANT deposited Seven Thousand, Five Hundred Dollars and 00/100 ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the APPLICATION; and WHEREAS, the APPLICATION was approved and a Site Plan was signed on August 30, 2007; and Town of Wappinger Page 16 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 WHEREAS, all professional fees incurred during the review of the APPLICATION have been paid and a balance of Six Thousand, Four Hundred Forty-six and Dollars and 70/100 ($6,446.70) remains in the escrow account and the APPLICANT 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 the APPLICANT. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Six Thousand, Four Hundred Forty-six and Dollars and 70/100 ($6,446.70), shall be made to Mycor Holdings, Inc. representing a refund of the remaining escrow balance for the APPLICATION. The foregoing was put to a vote which resulted as follows: ✓ Vote Record- Resolution RES -2008-236 0 Yes/Aye Yes/Aye No/Nay Abstain Absent Christopher Colsey Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-237 Resolution Authorizing Refund of Unused Escrow for BRH Realty Subdivision (Account 03-5071) WHEREAS, on or about June 13, 2003, Phantom Hollow Equities, Inc. (hereinafter the "APPLICANT") filed an application for approval of a Realty Subdivision under Application Number 03-5071 (hereinafter the "APPLICATION"); and WHEREAS, on or about, May 29, 2003, the APPLICANT deposited Twenty -Two Thousand Five Hundred Dollars and 00/100 ($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, the APPLICANT subsequently deposited an additional Thirteen Thousand Six Hundred Six Dollars and 25/100 ($13,006.25); and WHEREAS, the APPLICATION was approved and a Subdivision Plat was signed on November 19,2007; and WHEREAS, all professional fees incurred during the review of the APPLICATION have been paid and a balance of Three Thousand, One Hundred Eighty -One Dollars and 20/100 ($3,181.20) remains in the escrow account and the APPLICANT 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 the APPLICANT. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Three Thousand, One Hundred Eighty -One Dollars and 20/100 ($3,181.20) shall be made to Phantom Hollow Equities, Inc. representing a refund of the remaining escrow balance for the APPLICATION. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-237 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator D ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 17 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 RESOLUTION: 2008-238 Resolution Authorizing Refund of Unused Escrow for Road Inspections of BRH Realty Subdivision (Account 03-5071) WHEREAS, on or about June 15, 2006, Phantom Hollow Equities, Inc. (hereinafter the "APPLICANT") deposited an inspection escrow in the amount of Fourteen Thousand Dollars and 00/100 ($14,000.00) in connection with the construction of roads to be created in connection with a Realty Subdivision under Application Number 03-5071 (hereinafter the "APPLICATION"); and WHEREAS, the Project was changed and a subdivision plat was signed on November 19, 2007 that did not require the construction of any roads; and WHEREAS, all professional fees incurred during the review of the APPLICATION have been paid and a balance of Fourteen Thousand and 00/100 Dollars ($14,000.00) remains in the escrow account and the APPLICANT 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 the APPLICANT. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Fourteen Thousand and 00/100 Dollars ($14,000.00) shall be made to Phantom Hollow Equities, Inc. representing a refund of the remaining escrow balance for the APPLICATION. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-238 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Seconder Rl ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ a B Tabled Maureen McCarthy Voter ❑ 11 El ❑ Withdrawn Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby tabled. RESOLUTION: 2008-239 Resolution Authorizing Refund of Unused Escrow for Barger Family Trust (Account 06- 3120) WHEREAS, on or about July 6, 2005, BARGER FAMILY TRUST (hereinafter the "APPLICANT") filed an application for approval of a Site Development Plan under Application Number 05-4023 (hereinafter the "APPLICATION"); and WHEREAS, on or about, June 22, 2005, the APPLICANT 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, additional escrow deposits of Three Hundred Fifty -Five Dollars and 00/100 ($355.00) and One Thousand, Six Hundred Twenty -Three Dollars and 10/100 ($1,623.10) were made on March 8, 2006 and June 21, 2006, respectively; and WHEREAS, the APPLICATION was approved and a Site Plan was signed on June 27, 2006; and WHEREAS, all professional fees incurred during the review of the APPLICATION have been paid and a balance of Seventy -Seven Dollars and 75/100 ($77.75) remains in the escrow account and the APPLICANT 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 the APPLICANT. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Seventy -Seven Dollars and 75/100 ($77.75), shall be made to BARGER FAMILY TRUST representing a refund of the remaining escrow balance for the APPLICATION. Town of Wappinger Page 18 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-234 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-240 Resolution Authorizing Refund of Unused Escrow for Corporate Park WHEREAS, on or about September 30, 2005, Corporate Park deposited Forty Thousand Dollars and 00/100 ($40,000.00) into an escrow Inspection Account with the Town of Wappinger for payment of the fees of the Town's professionals and supplemented that amount on or about July 24, 2006 by depositing an additional Eighteen Thousand, Seven Hundred Sixty - Four and 38/100 ($18,764.38); and WHEREAS, all professional fees incurred during the review of this application have been paid and a balance of Five Thousand, Ninety -Seven Dollars and 00/100 ($5,097.00) remains in the escrow account and Corporate Park has requested a refund of said escrow balance; NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Five Thousand, Ninety -Seven Dollars and 00/100 ($5,097.00) shall be made to Corporate Park representing a refund of the remaining escrow balance. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-240 0 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-241 Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota WHEREAS, on or about August 8, 2006, DCH Wappingers Falls Toyota deposited Five Thousand Dollars and 00/100 ($5,000.00) into a Sewer Hook-up escrow account with the Town of Wappinger; and WHEREAS, all professional fees incurred during the review of this project have been paid from other accounts and a balance of Five Thousand Dollars and 00/100 ($5,000.00) remains in the escrow account and DCH Wappingers Falls Toyota has requested a refund of said escrow balance. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Five Thousand Dollars and 00/100 ($5,000.00), shall be made to DCH Wappingers Falls Toyota representing a refund of the remaining escrow balance for the Sewer Hook-up account. Town of Wappinger Page 19 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-241 135689-6158-02-870777-0000 Parcel Location: 1 Wildwood Dr, Town of Wappinger Owner Information: Absolute Property Management Inc. Municipal Use: Open Space Restricted by Subdivision Plat with Utility Easement Municipal Use: Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2008-243 "not -to -exceed" amount to $32,500 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Joseph Paoloni ABSENT: Vincent Bettina, Maureen McCarthy RESOLUTION: 2008-243 Resolution Authorizing Purchase of Certain Parcels of Real Property from Dutchess County after In Rem Tax Foreclosure WHEREAS, the County of Dutchess has obtained title to certain parcels of real property located within the Town of Wappinger after In Rem tax foreclosure proceedings by virtue of a deed from Pamela Barack, Commissioner of Finance of the County of Dutchess dated June 27, 2008, and recorded in the Office of the Dutchess County Clerk on June 27, 2008, at Document No. 02-2008-3950 (hereinafter the "In Rem Parcels"); and WHEREAS, the County of Dutchess adopted a Land Disposition Policy by Resolution 244 of 1997 which allows municipalities within the County of Dutchess to acquire In Rem Parcels from the County of Dutchess for public purposes by paying the back taxes due; and WHEREAS, the Town Board has determined that there is a valid public purpose for the Town of Wappinger to acquire three of the In Rem Parcels obtained by the County of Dutchess after In Rem tax proceedings; and WHEREAS, the identification of the parcels and their respective public uses are: Parcel 1 Parcel Grid #: 135689-6158-02-870777-0000 Parcel Location: 1 Wildwood Dr, Town of Wappinger Owner Information: Absolute Property Management Inc. Municipal Use: Open Space Restricted by Subdivision Plat with Utility Easement Parcel 2 Parcel Grid #: Parcel Location: Owner Information Municipal Use: 135689-6158-02-820749-0000 120 New Hackensack Rd, Town of Wappinger Absolute Property Mgmt Inc. Open Space Restricted by Subdivision Plat with Utility Easement 135689-6256-02-833769-0000 E. Salem Rd., Town of Wappinger Darlene Cantarella Road WHEREAS, Parcels 1 and 2 have been the subject of much litigation concerning the validity of the "open space" designation placed on the parcels by the Town of Wappinger Planning Board in 1963; and WHEREAS, the United States Court of Appeals for the Second Circuit, as well as the New York State Court of Appeals have confirmed the validity of the "open space" designation on these parcels; and Town of Wappinger Page 20 Printed 8/21/2008 Parcel 3 Parcel Grid #: Parcel Location: Owner Information Municipal Use: 135689-6158-02-820749-0000 120 New Hackensack Rd, Town of Wappinger Absolute Property Mgmt Inc. Open Space Restricted by Subdivision Plat with Utility Easement 135689-6256-02-833769-0000 E. Salem Rd., Town of Wappinger Darlene Cantarella Road WHEREAS, Parcels 1 and 2 have been the subject of much litigation concerning the validity of the "open space" designation placed on the parcels by the Town of Wappinger Planning Board in 1963; and WHEREAS, the United States Court of Appeals for the Second Circuit, as well as the New York State Court of Appeals have confirmed the validity of the "open space" designation on these parcels; and Town of Wappinger Page 20 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 WHEREAS, the "open space" designation requires that these parcels remain in an undeveloped condition; and WHEREAS, acquisition of the absolute parcels will put an end to the litigation; and WHEREAS, Parcel 3 is a small portion of a road that was inadvertently assigned a Tax Grid Number; and WHEREAS, acquisition of Parcel 3 will reinstate title in the Town of Wappinger; and WHEREAS, the Town Board has determined that the acquisition of In Rem Parcels would be in the best interests of the public health, safety and welfare of the residents of the Town of Wappinger; and WHEREAS, the County of Dutchess has advised that the outstanding taxes and fees that need to be paid to acquire the parcels as of August 29, 2008 are: Parcel 1 $16,597.21 Parcel 2 $4,279.96 Parcel 3 $390.17 TOTAL $21,267.34 WHEREAS, the County of Dutchess has scheduled an auction sale for the In Rem Parcels on October 8, 2008; and WHEREAS, the Town Board acknowledges that the prior owners of the In Rem Parcels have the right to redeem the parcels until 5:00 p.m. on October 7, 2008; and WHEREAS, the Town Board has undertaken an environmental review of this action and has caused a Short Form Environmental Assessment Form to be prepared and has determined that there are no negative environmental impacts associated with the acquisition of these parcels. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board determines that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and 3. The Town Board determines that the Proposed Action is an action for which there are no other Involved Agencies and the Town Board is therefore, by default, Lead Agency for this action. 4. Based on its review of the Short Form EAF and the information contained therein, the Town Board hereby determines that there are no negative environmental impacts associated with the Proposed Action (the purchase of the above-mentioned parcels) and the Town Board hereby makes a negative determination of significance for the proposed action. 5. The Town Board hereby determines that it is in the best interest of the Town to acquire the aforementioned parcels of property for the purposes stated herein. 6. The Town Board directs that a certified copy of this resolution be delivered to the Commissioner of Finance of the County of Dutchess and the Clerk of the Legislature of the County of Dutchess on or before October 1, 2008, in accordance with the Land Acquisition Policy of the County of Dutchess. 7. The Town Board hereby authorizes an amount not to exceed $32,500.00 to be paid to Commissioner of Finance of the County of Dutchess which represents the back taxes, costs, fees and accrued interest due to the County for the In Rem Parcels as consideration for transfer of title to the Town of Wappinger; said payment to be made within 60 days of delivery of a certified copy of this resolution to the Commissioner of Finance authorized above. 8. The Town Board further authorizes the Town Supervisor, Christopher Colsey, to execute any and all documents necessary for the acquisition of the In Rem Parcels and the recording of deeds and related documents. 9. The Town Board appropriates a sum not to exceed $2,500.00 for the procurement of title insurance for the In Rem Parcels in an appropriate amount, the recording of the deeds and associated documents for said parcels and other necessary expenses. 10. The Town Board authorizes and directs the Attorney to the Town, Albert P. Roberts, to obtain title insurance and to insure the recording of the deeds. Town of Wappinger Page 21 Printed 8/21/2008 I], rl Regular Meeting Minutes August 11, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-243 Yes/Aye No/Nay Abstain Absent RI Adopted Christopher Colsey Initiator a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 13 ❑ ❑ 0 13 Tabled Maureen McCarthy Voter ❑ El 0 ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-242 Resolution Adopting Base Percentages, Current Percentages, Current Base Proportions and Adjusted Base Proportions Pursuant to Real Property Tax Law Article 19 for the Levy of Taxes from the 2008 Assessment Roll WHEREAS, pursuant to Real Property Tax Law §1903, the Town Board enacted Local Law 1 of 1987 which authorized the Town to levy taxes on Homestead Properties and Non - Homestead Properties at different rates; and WHEREAS, Real Property Tax Law §1903 requires the Town to certify Base Percentages, Current Percentages and Current Base Proportions for the 2008 Assessment Roll for Homestead and Non -Homestead Properties; and WHEREAS, the New York State Office of Real Property Services has proposed, calculated and determined the required Base Percentages, Current Percentages and Current Base Proportions for the 2008 Assessment Roll for the Town of Wappinger, as shown on the document entitled "Certificate of Adjusted Base Percentages, Current Percentages, and Current Base Proportions Pursuant to Article 19, RPTL, for the Levy of Taxes on the 2008 Assessment Roll" dated 7/30/2008, a copy of which is annexed hereto; and WHEREAS, the Assessor for the Town of Wappinger has reviewed the calculations and has determined that they accurately reflect the values of properties denoted on the 2008 Assessment Roll and recommend that they be adopted. NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts and adopts the Base Percentages, Current Percentages, Current Base Proportions and Adjusted Base Proportions as set forth in the Certificate of Adjusted Base Percentages, Current Percentages, and Current Base Proportions Pursuant to Article 19, RPTL, for the Levy of Taxes on the 2008 Assessment Roll prepared by the New York State Office of Real Property Services dated 7/30/2008, copies of which are attached hereto, consisting of four pages. 3. The Town Clerk, is hereby directed to certify on behalf of the Town of Wappinger the Certificate of Adjusted Base Percentages, Current Percentages, and Current Base Proportions Pursuant to Article 19, RPTL, for the Levy of Taxes on the 2008 Assessment Roll prepared by the New York State Office of Real Property Services dated 7/30/2008 and to deliver the Certificate to the necessary parties as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-242 Yes/Aye No/Nay Abstain Absent RI Adopted Christopher Colsey Seconder El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator RI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ El ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter _ a ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 Town of Wappinger The Resolution is hereby duly declared adopted. Page 22 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 RESOLUTION: 2008-244 Resolution Authorizing Settlement of Wappinger Shopping Center Tax Certiorari WHEREAS, there are now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008 by Wappinger Shopping Center, LLC f/k/a Wappinger Associates, LLC f/k/a Wappinger Acquisition, L.P., regarding premises known as Hannaford Plaza, located at 1486- 1506 Route 9, Grid # 6157-02-653974, seeking a reduction in the 1996 though 2008 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement on this tax review proceeding; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 1996 through 2008, as it pertains to Grid No.: 6157-02-653974 as follows: BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-244 Original Revised Tax Year Assessment Assessment Reduction 1996 4,900,000 4,900,000 -0- 1997 4,900,000 4,900,000 -0- 1998 4,900,000 4,900,000 -0- 1999 4,900,000 4,900,000 -0- 2000 4,900,000 4,900,000 -0- 2001 4,900,000 4,900,000 -0- 2002 4,900,000 4,900,000 -0- 2003 4,900,000 4,900,000 -0- 2004 4,900,000 4,532,990 367,010 2005 4,900,000 4,337,970 562,030 2006 4,900,000 4,115,020 784,980 2007 17,150,000 12,600,000 4,550,000 2008 17,150,000 12,600,000 4,550,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-244 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ 11 Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-245 Resolution Introducing Local Law No. of the Year 2008, Amending Chapter 103 of the Wappinger Code to Increase Exemption Limits on Construction Contracts WHEREAS, the Town Board adopted Local Law 3 of 2005 which created Chapter 103 of the Town Code which requires that contractors entering into construction contracts with the Town of Wappinger are required to have apprenticeship agreements appropriate for the type and scope of work to be performed and which have been registered with, and approved by, the New York State Commissioner of Labor in accordance with Article 23 of the New York State Labor Law, notwithstanding anything to the contrary contained in § 103 of the New York General Municipal Law or the procurement policy of the Town of Wappinger pursuant to Chapter 46 of the Code of the Town of Wappinger; and WHEREAS, Local Law 3 of 2005 provides that Construction Contracts for less than $20,000.00 are exempt from its provisions; and Town of Wappinger Page 23 Printed 8/21/2008 IT, Regular Meeting Minutes August 11, 2008 WHEREAS, most contractors submitting bids for construction contracts for the Town of Wappinger for work less than $500,000.00 are individuals or small contractors with few employees and have not established apprenticeship programs in accordance with Article 23 of the New York State Labor Law; and WHEREAS, the exemption for separate contracts set forth under the Wicks Law (General Municipal Law § 101 (1) for Towns) was increased from $50,000.00 to $500,000.00 by Part MM of Chapter 57 of the Laws of 2008; and WHEREAS, in several instances, no contractors bidding on the proposed public works contract for the Town have had apprenticeship programs which has required the contracts to be re -advertised and re -bid adding additional expense to the Town of Wappinger; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to adopt a Local Law modifying the provisions of Chapter 103 of the Town of Wappinger Code increasing the exemption from $20,000 to $500,000.00 to reflect the increase in the Wicks Law exemption; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and the Town Board is therefore, by default, Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. of the Year 2008 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Chapter 103 as adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 3. The Town Board has caused to be prepared a Short Form EAF and has reviewed the proposed action pursuant thereto and hereby determines that the proposed action will not have a significant impact on the environment and hereby makes a Negative Declaration of Significance with respect to the proposed amendments to the Town of Wappinger Code. 4. The Town Board hereby schedules a Public Hearing regarding the proposed adoption of the annexed Local Law No. of 2008 for 7:00 P.M., on the 8th day of September 2008, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) days prior to said public hearing date. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-245 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ El ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ El ❑ Withdrawn Joseph Paoloni Seconder El ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-246 Resolution Authorizing the Town Supervisor to Solicit Bids for Repairs to the Emergency Services Building Smoke and Fire Alarm System WHEREAS, it was determined after a smoke incident that the alarm system in the Emergency Services Building was not functional; and WHEREAS, investigation into the repairs by a local alarm company resulted in an estimate of Nine Thousand, Seven Hundred Twelve Dollars and 00/100 ($9,712.00); and WHEREAS, the Town Fire Inspector has reviewed the aforementioned proposal and has determined such to be accurate and complete as related to the scope of repairs. NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is authorized to Town of Wappinger Page 24 Printed 812112008 Regular Meeting Minutes August 11, 2008 X. 1:/1 solicit written bids for the repair of the smoke and fire alarm system in accordance with the Town of Wappinger Procurement Policy for subsequent consideration by the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-246 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder EI ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. Items for Special Consideration A. Village of Wappingers Falls Revitalization Supervisor Colsey explained that the Village of Wappingers Falls is looking to do a revitalization project on West Main Street. The Mayor of the Village, Matt Alexander, has asked that the Town of Wappinger draft a letter of support to help them in the grant process. Discussion followed. Councilman Beale made a motion to direct the Supervisor to write a letter of support for the West Main Street Revitalization Project for the Village of Wappingers Falls. The motion was seconded by Councilman Paoloni and passed unanimously. Motion To: draft letter of support for the Village of Wappingers Falls West Main Street Revitalization Project RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy New Business A. Councilman Paoloni New Business Councilman Paoloni asked for clarification on what is considered confidential. Al Roberts, Town Attorney, explained what would be confidential and what could be carried out in public session. Discussion about the Cranberry topic followed. Councilman Paoloni also asked why the Rail Trail item was confidential as well. B. Supervisor Colsey New Business Supervisor Colsey had three items for New Business. He referred to a memo submitted by the Town Accountant. The subject of the memo was the transfer of funds for 99-2(r). The Supervisor did not ask for any decision. He only wanted to bring the item to the attention of the Board. The Supervisor then noted that the Justice Court is asking for permission and funding to destroy records. He will prepare a Resolution for the next Town Board Meeting. Supervisor Colsey also mentioned that the Town Accountant is asking that he, along with the Supervisor and department heads, take time to look at the Town professionals' bills before they come to the Town Board. He is requesting that there be an audit team to accomplish this. Councilman Paoloni recommended performing this action at 6:00 PM, prior to Town Board Meetings. The Supervisor further explained what the intention is. Discussion followed. Town of Wappinger Page 25 Printed 8/21/2008 Regular Meeting Minutes August 11, 2008 XII. Executive Session Motion To: go into Executive Session at 10:20 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy A. MJ Watch B. Dutchess County Rail Trail C. Cranberry Motion To: come out of Executive Session at 11:31 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy XIII. Town Board Audit of Vouchers RESOLUTION: 2008-247 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; and WHEREAS, since the office of the Town Comptroller has been vacant through July 1, 2008, 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 21125 with a total of Thirty -Nine Thousand, One Hundred Fifty Dollars and 50/100 ($39,150.50); 2. Abstract 21126 with a total of Two Hundred Twenty -Five Thousand, Eight Hundred Two Dollars and 44/100 ($225,802.44); 3. Abstract 21127 with a total of Sixty -Five Thousand, Three Hundred Fifty - Nine Dollars and 53/100 ($65,359.53); 4. Abstract 21128 with a total of Thirty -Five Thousand, Two Dollars and 22/100 ($35,002.22); 5. Abstract 21129 with a total of One Hundred Thirty -Six Thousand, Four Hundred Ninety -Six Dollars and 63/100 ($136,496.63); and 6. Abstract 21130 with a total of Twenty -Six Thousand, Six Hundred Thirteen Dollars and 21/100 ($26,613.21). 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 21125 through 21130. 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 Town of Wappinger Page 26 Printed 8/2//2008 Regular Meeting Minutes August 11, 2008 Supervisor Christopher Colsey and authorize and direct him to pay the claimant(s) the amount allowed upon their claim. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-247 A B DB T14 T16 T92 WU Central $335.07 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 8 ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Voter ® ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 8 Joseph Paoloni Seconder El ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-248 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 B DB T14 T16 T92 WU Central $335.07 George Kolb $4.97 Hudson Louise Rose $113.60 Central $45.19 Hudson Kmart $76.65 Pough Jrnl $274.81 Signal Graphics $288.70 Signal Graphics $295.00 Signal Graphics $347.00 Signal Graphics $209.66 Signal Graphics $147.21 Bottini Fuel $548.44 Bottini Fuel $9,429.73 Al Roberts $30.00 Al Roberts $660.00 Al Roberts $214.50 Al Roberts $105.00 Al Roberts $30.00 EMS Assoc $326.41 Anaconda $946.20 Sports First Unum $273.51 $91.17 $172.21 Life NYS GFOA $65.00 Leggette, $648.98 Brasher Williams $36.24 Lumber GHI $10,848.98 Banc of $225.00 America Staples $127.39 Staples $365.09 Staples $26.14 Staples $249.98 Staples $136.77 $273.54 Dell $751.80 David Varco $94.90 Wells Fargo $324.90 Aflac I I I 1 1 $675.30 Vendor A B DB T14 T16 T92 WU George Kolb $4.47 George Kolb $4.97 Louise Rose $113.60 Town of Wappinger Page 27 Printed 8/2112008 Regular Meeting Minutes August 11, 2008 De Lage $373.52 $369.52 Landen HG LC WB Mason $12.49 CAMO All Star Water $256.25 No/Nay All State Absent 0 Jaclyn Smith Christopher Colsey $200.52 Hud Riv Vly $600.00 ❑ Trs ❑ Adopted as Amended J. Osborn $800.00 0 Orches ❑ ❑ Michael $30.00 Vincent Bettina Wielgas El ❑ Scott Cheney ❑ $54.25 $1,119.52 Totals 1 $26,753.56 1 $3,474.87 1 $303.35 1 $1,119.52 1 $675.30 1 $660.00 1 $648.98 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-248 A AM B DB HG LC LD LH CAMO $25.00 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-249 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 HG LC LD LH CAMO $25.00 CAMO $25.00 Ctral Hud $3,981.00 Ctral Hud $53.26 Ctral Hud $28.54 Ctral Hud $90.85 Ctral Hud $75.35 Mntfrt Bros $661.80 Home Depot $225.73 Home Depot $245.44 $24.49 Home Depot $107.77 Home Depot $87.00 Home Depot $33.06 Sgnl Grap $102.02 MVP $8,673.93 $3,569.16 $13,703.0 4 MVP Gold $2,079.90 $207.99 Bottini Fuel $4,517.78 West $348.86 West $134.00 Al Roberts $18,425.1 $3,831.50 $874.50 $132.00 1 Healthques $66.00 $60.00 $174.00 t Pine PIs Trct $158.33 Pine PIs Trct $99.89 Brdy's Pwr $85.28 Brdy's Pwr $89.95 Petty Cash $187.49 Bstwck Sls $459.84 Arkel Motors $94.40 Hghld Rdtor $450.00 Adams Pwr $131.49 Wlms Lmbr $10.58 Town of Wappinger Page 28 Printed 8/2//2008 Regular Meeting Minutes August 11, 2008 AC MooreI I I $293.82 Vill Fshkl Vendor A AM B DB HG LC LD LH St Cmptler $27,171.0 4 9 1 1 0 1 1 5 2 ❑ 0 Morris Assoc William Beale $1,542.00 0 $979.30 Morris Assoc ❑ Tilcon Vincent Bettina Voter ® $2,614.42 ❑ ❑ ❑ Withdrawn Maureen McCarthy Perma $8,945.28 $417.28 $14,773.3 $60,742.1 Joseph Paoloni Seconder ® ❑ ❑ ❑ 4 8 Fshkl Pins $31.00 Gar Nortrax $121.29 Van Kleeck $221.82 Transcare $32,916.6 6 Kay Von $80.88 Reyn Kay Von $178.50 Reyn Comm $1.7 $42.4 $125.6 Engy 1 5 2 Toshiba $447.60 Muni Engy $298.95 Sv Poland Spg $184.45 Met Life $1,872.45 $533.05 IQM2 $2,400.00 Cornerston $1,211.11 $270.73 e Morris $8,887.90 $5,406.90 $1,062.00 $2,327.3 Assoc 0 Morris $2,592.60 $147.00 $958.00 Assoc Hdsn Rvr $950.00 Trs Winget, $7,500.00 Spada Drake, Loeb $385.00 Patricia $78.65 Lustig Marion $17.88 Trudell Totals $96,082.0 $33,333.9 $37,027.2 $81,467.8 1 $2,459.3 $1.7 $42.4 1 $125.6 $82.50 3 4 9 1 1 0 1 1 5 2 Vendor SR T92 WF WU Al Roberts $33.00 $297.00 $82.50 Vill Fshkl Abstain Absent $9,947.84 Christopher Colsey Perma ® ❑ ❑ $1,667.92 Morris Assoc William Beale $1,542.00 0 $979.30 Morris Assoc ❑ $460.50 Vincent Bettina Voter Totals 1 $33.00 1 $2,299.50 1 $9,947.84 1 $2,729.72 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-249 ® Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ Tabled Vincent Bettina Voter ® ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Seconder ® ❑ ❑ ❑ Dated: Wappingers Falls, New York August 11, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 29 Printed 8/21/2008 T -j 7 Regular Meeting Minutes August 11, 2008 XIV. Adjournment Motion To: adjourn at 11:33 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy The Meeting Adjourned at 11:33 PM. Jn C. sterson Town Clerk Town of Wappinger Page 30 Printed 8/21/2008