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2010-11-04 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting townofwappinger.us ~ Agenda ~ Chris Masterson 845-297-5771 Thursday, November 4, 2010 6:00 PM Town Hall 6:00 PM Meeting called to order on November 4, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Adoption of Agenda IV. Minutes Approval Monday, October 18, 2010 Thursday, October 21, 2010 Saturday, October 23, 2010 V. Correspondence Log 2010-339. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Comments VII. Public Hearings Public Hearing on the Proposed Budgets, O&M Charges, Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2011 Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2011 Preliminary Budget for Fiscal Year 2011 VIII. Executive Session A. Attorney Advice IX. Discussions X. Resolutions 2010-333. Resolution Confirming the Appointment of a Planning Board Secretary - Zoning Board of Appeals Clerk 2010-340. Resolution Granting Permission for the Town of Wappinger Justice Court to Apply for JCAP Grant 2010-341. Resolution Authorizing Refund of Unused Escrow for Wappinger Falls Mobile Home Park Proposed Connection to Municipal Water System (Account 10-9002) 2010-342. Resolution Altering the Town of Wappinger Town Board Meeting Schedule for November 2010 2010-344. Resolution Authorizing a Request for Proposals in Respect to the Town of Wappinger Recycle Center Operations XI. Special Consideration XII. New Business XIII. Town Board Review of Vouchers 2010-343. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIV. Adjournment Town of Wappinger Page 1 Printed 111112010 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting townofwappinger.us Minutes — Chris Masterson 845-297-5771 Thursday, November 4, 2010 6:00 PM Town Hall Call to Order Supervisor Christopher Colsey called the meeting to order at 6:02 PM on November 4, 2010. Attendee Name Organization Title Status 1 Arrived Departed Christopher Colsey Town of Wappinger Supervisor ; Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Late 6:12 PM Ismay Czarniecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present ' Al Roberts Town of Wappinger : Town Attorney Present Bob Gray Town of Wappinger Engineer to the Town I Present Graham Foster Town of Wappinger Highway Superintendent 1 Present Fredrick Awino Town of Wappinger { Town Accountant Present i IV. Pledge of Allegiance Adoption of Agenda Supervisor Colsey changes to the Agenda Supervisor Colsey noted that there is a Resolution before the Board that would change the Town Board Meeting schedule. He asked that this Resolution be moved to the end of the Agenda. Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina Minutes Approval Monday, October 18, 2010 ✓ Vote Record - Acceptance of Minutes for October 18 2010 6:00 PM Yes/Aye No/Nay . Abstain Absent Absent Colsey Christopher Voter P Y 0 ❑ ❑ ❑ 0 Accepted William Beale Initiator 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina i Voter ❑ ❑ ❑ 0 ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Seconder Joseph Paoloni Voter 0 ❑ ❑ ❑ Thursday, October 21, 2010 ✓ Vote Record - Acceptance of Minutes for October 21 201012:00 PM Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter r 0 ❑ ❑ ❑ 0 Accepted William Beale Initiator 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter ❑ ❑ ❑ 0 • Tabled Ismay Czamiecki Seconder 0 11 ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Saturday, October 23, 2010 ✓ Vote Record - Acceptance of Minutes for October 23 20101:00 PM Yes/AyeNo/Nay Abstain Absent Christophery Colsey Voter 0 ❑ { ❑ ❑ 0 Accepted William Beale }_ Initiator i 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Ismay Czarniecld Seconder i 0 ❑ ❑ ❑ Joseph Paoloni 1 Voter 0 ❑ ❑ ❑ Town of Wappinger Page 1 Printed 11112/2010 Special Meeting Minutes November 4, 2010 V. Correspondence Log RESOLUTION: 2010-339 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record- Resolution RES -2010-339 ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Voter ❑ ❑ ❑ 0 Tabled ❑ Withdrawn Ismay Czarnecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 04, 2010 The Resolution is hereby duly declared adopted. VI. Public Comments Motion To: open the floor for Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina Comments on the Agenda There were no comments on the Agenda. Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina VII. Public Hearings Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina Public Hearing on the Proposed Budgets, O&M Charges, Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2011 Councilman Beale made a motion to open the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. Town Clerk, Chris Masterson, offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Town of Wappinger Page 2 Printed 1111212010 Special Meeting Minutes November 4, 2010 Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Colsey asked if there were any comments from the Board or from the public. Councilwoman Czarniecki asked for clarification on the increase in the Watch Hill Sewer District. Mike Tremper, from CAMO Pollution Control, explained that the Watch Hill Sewer District is actually part of the Dutchess Park Sewer District. Those rates are a pass-through from Fishkill. There are no operational charges to the Watch Hill Sewer District in the Town of Wappinger. Mr. Tremper went on to discuss the Fleetwood Water District. Supervisor Colsey opened the floor to the public. There were no comments from the public. Councilman Beale made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina Town of Wappinger Page 3 Printed 11/12/2010 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AFFIDAVIT OF POSTING NOTICE OF PUBLIC HEARING ON TO HEAR ANY OBJECTIONS TO THE PROPOSED BUDGETS, 0 & M CHARGES, WATER/SEWER RATES AND RENTS FOR SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT AREAS FOR FISCAL YEAR 2011 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 October 13, 2010, your deponent posted a copy of the "Notice of Public Hearing on objections to the proposed budgets, O&M charges, water/sewer rates and rents for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2011, 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. ?ohn C. Masterson Town Clerk Town of Wappinger jor"befome 25th day of October, 2010 CHRISTOPHER COLSFY NOTARY PUBLIC -STATE OF NEW YM NOTARY PUBLIC No. 01C06271010 Qualified In Dutchess County My Commission Expires 8opt"*" OE, 201, VFZ1� %SED OCT" 2 0 zm TOWN OF %apPINOER TORN N CLERK Area Wappinge4Sewer NO 1 Watch kllSewer Imp'rovementArea Tali Trees Water..,_ ImpmiuemeatArd. Watch Hill WatersY r'r copiesr, ot,�s-thaw&.F posed benefitasse Iariwsipesvpours on Mon'day'through Fri- day from,,8;30 A.M. to 4;Po RML_:"'. Dated: October 1'3,2010 BY0Rt%k0 'THE TOWN BOARD (�F7HETOWN`OF WAPPINGER JOHN C. MASTERSON, TOWN CLERK LE(.,AL'N 111, E SOUTHERN DUTCHESS NEWS NOTICE f,�F'ljsl'lC NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET ,AEA TO HEA, , Nyyl;�0WRL,10"' WAPPINGERS FALLS, NY 12590 1 TFIE RR40p h4AR UMI iii` I F JEJ Affidavit of Publication fYJEN1Y$, FSR SPI�CI 4 IMRRQ�(EMENT To: TOWN OF WAPPINGERS FALLS ; :DISTRI•C SL�ANM; C/O TOWN CLERKS OFFICE s iSPECIAP, .` 2 0 MIDDLEBUSH RD. . IMPROYEMW'. '-AREAS, FOR 0 WAPPINGERS FALLS, NY 12590 . , . FISCALYEAR2011 ` iNOTICE I5 N�t�k�IY. Re: Legal notice #86112 'GIVEN;thatthfiown� Boardof th_ e'Vt f,, State of NEW YORK Wappinger, , utchess SS: Court yr No � York,'. County of DUTCHESS has tom Ited .the, proposed`Ndgets for I , JOAN MILLER, being duly sworn, depose and the" Specialr''Improve- menu' Districts and' say: that I am the Publisher of Southern Sbeeial°Improvement' Dutchess News, a weekly newspaper of general Areas. in the Town of circulation published in WAPPINGERS FALLS, Wappinget, ln,accor-' County of DUTCHESS, State of NEW YORK; and dan'cewithhheptelim- that a notice, of which the annexed is a inar'r;;budgets,, "'the., printed copy, was duly published in Southern `.Townhasestablished Dutchess News once on 10/20/10. OrIoposed - capital' budgots,quarfedyop- eration" and'; ;mainte-, nanherges' s a6d/60,,.'rents%to -- be Sworn to before m this 20th day of October, 2010 WSTMA-' Transmission Pipe'-O'r ,4A Oniy;r NANCY RYDUkEWappingerSewer ' Notary Public, State of NEW YORK Transmission/ k. Treatmentlmprover' ` No. O1HY6221990 mentArea *,'Phase+L Qualified in DUTCHESS County Wapp 1.g` 6e SeWer ,, My commission expires on June '14, 2014 Transmission/ ' Treatment improve,,ment. rolls have mentArea-Phaseg.j filed in the'offiee Wappinger;oewgr Town '�%, at VFZ1� %SED OCT" 2 0 zm TOWN OF %apPINOER TORN N CLERK Area Wappinge4Sewer NO 1 Watch kllSewer Imp'rovementArea Tali Trees Water..,_ ImpmiuemeatArd. Watch Hill WatersY r'r copiesr, ot,�s-thaw&.F posed benefitasse Iariwsipesvpours on Mon'day'through Fri- day from,,8;30 A.M. to 4;Po RML_:"'. Dated: October 1'3,2010 BY0Rt%k0 'THE TOWN BOARD (�F7HETOWN`OF WAPPINGER JOHN C. MASTERSON, TOWN CLERK Poupliheep'!5-te Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie LIY��L�yN07�N7yE�� 094 T011EA;!�=TWIPROPOSM �MWgASM AO WO ARRAS MR TRN:fSAIq��TEAR NOTICE 15 HEREBY'. GttlEN• that tl1e�To�wn Bohard� of to Di57Ricr� MACt + , it rici m s F � Astrid 4 AREAS: . Pipe Only�F nsmlSSIOV k tm�ent Im nsmission/ Treatment Im 2 nsmissloN' ,,treatment': Im- 3A a#5 vementAreaho.1 ►.errientArea,,, ementArea ienrerrt ArEa•+.� •,, NOTICE �rats'cAPles of� OP.E '11t Of Wi1PPtN(iER 1p N Ca`MASTERSQN, TOWN C$ERW 3754 t Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2010 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 20th day of Oct. in the year of 2010 and on the following dates thereafter, namely on. DECEIVED i 1 1 •11N -0F. WAPPINGER • // 1 Era the year of 2010 both days inclusive 1 Subscr&4 and sworn to before me this day of R� in the year of 2010_ No ROSE ANN SI PSON Notary Public, Stat of Ne"54omnussion expires No.O1S162 5893 Qualified in Dutc ess County Commission Expires January 4, 2014 Special Meeting Minutes November 4, 2010 Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2011 Councilman Beale made a motion to open the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. 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 listed several of the districts that were part of this Public Hearing. He asked if there were any comments from the public. There were no comments. Councilman Beale made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki. RESULT: CLOSED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina Town of Wappinger Page 4 Printed 1111212010 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED BENEFIT ASSESSMENT ROLLS FOR FISCAL YEAR 2011 FOR SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT AREAS FOR FISCAL YEAR 2011 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 October 13, 2010, your deponent posted a copy of the "Notice of Public Hearing on the proposed benefit assessment rolls for fiscal year 2011 for special improvement districts and special improvement areas for fiscal year 2011, on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. _j'bhn C. Masterson Town Clerk Town of Wappinger .11 wo n to be re m the 25th day of October, 2010 w CHRISTOPHER COLSEY NOTARY PUBLIC -STATE OF NEW YORK NOTARY PUBLICNo- 01C06211010 Qualltied In Dutchess County MY Commission Expires Septembe, 08, 2013 SOUTHERN NORTHERN 84 EAST WAPPINGERS DUTCHESS NEWS DUTCHESS NEWS MAIN STREET FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #86113 State of NEW YORK SS: County of DUTCHESS I, JOAN MILLER, being duly sworn, depose and say: that I am the Publisher of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEWYORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 10/20/10. Sworn to before me G6his 20th day of October, 2010 A/(/ NANCY H DUKE Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June'14, 2014 Chelsea Lighting District' ' Hughsonville ' Lighting District -- KeenanAcres LEGAL NOTICE, TOWN OF'1: WAPPINGER NOTICE OF,PUBLIC f- HEARING i-- ON THE , -PROPOSED W --;ASSESSMENT ROL' LS FOR,{�.'a FISCALYEAR 2011: FORSPECIAL IMPROVEMENT; DISTRICTSAND; ,,,SPECIAL,.," IMPROVEMENT; AREAS.IN THE . •. ,::TOWN, NOTICE IS HEREBY. GIVENthat,the Town Assessorof thei, Town? of ,Wappinger, tchess , ' County,. York; filed, pro- MLOr L�� V l� l� Dralna9e Qistnct . op United Wappinger ;'dW - Sewer District ; �I �V� SPECIAL , fir`_ OCT 20 2010 IMPROVEMENT. � —a AREAS: TOWN OF Wp,PPINC W nsmission I?i e: 1a/ TOWN CLERK (Transmission p Wappinger Sewer aed 1 Transmission!. �yv s>� Treatment Improve-, mentArea-Phase'1 WappingerSewer, Transmission/ , zapo�a As- Im s in. rap; 1t to FUR- that 39 of i the reatment Improve- mentArea - Phase 2 WappingerSewer, Transmission/ Treatment Improve- mentArea -Phase 3A Sewer Improvement. Area #5; Wappinger Sewer ImprovementArea No.1 Watch Hill Sewer ImprovementArea Tall TreesWater ' ImprovementArea Watch Hili Water` ImprovementArea PLEASE TAKE FUR- THER NOTICE `that copies of the pro- posed benefitassess- mentsolls have been filed in theloffice.ofthe Town Clerk, at Town Hall,, 20,-Middlebush Road,, Wappingers Falls, New York and are available for in- spection during regu- lar business hours on Monday, through Fri- day from 8:30 A.M. to 4:00 P.M.. Dated: October 13, 2010 BY ORDER OF THE TOWN BOARD OF THE,TOWN OF WAPPINGER JOHN C. MASTERSON, TOWNCLERK M P f ";� ou�hheepqie 3off nal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says LEOALNOTICE that at the several times hereinafter mentioned fie/she TOWN OF WAPPINGER NOTICE: OF PURLIC'REAMNG oNTHE PROPOSED ASSESSMENT ROLLS was and still is the Principle Clerk of the Poughkeepsie FORTISCAL YEAR 2911 FOR SPECIAL IM pROvEMENT OISTINCTS AND SPECIAL IM-' MVEMENT AREAS IN THE TOWN Newspapers Division of Gannett Satellite information NOTICE IS HEREBY, GIVEN that the Town Assessor of :the Town, of Wappinger, Dutchess County,.. New York< filed proposed assessment; rolls for those' I prcrpMes within the $peclaPAmprovement Dis• Network, Inc., publisher of the Poughkeepsie Journal, a trlcts,or Special Improvement Areas In the Town of Wappingerfor Fiscal Year 2011, pursuant to news �a er published every day in the year 2010 in the Town LawSubsection239. I • P p PLEASE TAKE FURTHER�MOTICE thatpursuant to Subsection 239;of the^Town Law, the Ptown Board will conduct RoaPubWappingrieng t Tolls, Ne Hall, 20 city of Poughkeepsie, Dutchess County. Neu' York. and starting : at 6:00 p.m, on Thursday,; November 4, 2010 to hear any objections which may be made that the annexed Notice was duly published in the said to the, proposed benefit assessment rolls .for the following: one insertion SPECIAL IMPROVEMENT DISTRICTS newspaper for Town•wide Ambulance District United Wapppinger Water,District . Fleetwood WaterDistrict successively, in each week, commencing on the 20th Mid -Point Park Sewer District Wee w00oodsew rpt acct day of Oct. In the year of 2010 and Carrell Ll hting District Chelsea I. ghting District HughsonvilleLighting District on the following dates thereafter, namely on. Keenan Acres Drainage District United Wapppinngger SSewerDistrict SPECIAL IMPROVEMENTAREAS: wsrrna - Transmtsslan,Fipe Only Wappinger Sewer''Transmission/ Treatment Im- pprovementAreA-,Phase; Wappinger Sewer . Transmission/' Treatment Im• r— vement Area4hase2 ppinger Sewer. "Transmisslon/n Treatment Im pprovement Area • Phase 3A Sewer Improvement Area #S: W gingqer Sewer Improvement Area No. i : Watch HILI Sewer improvement Area -- Tall Trees Water. Improvement Area sTU Watch Hill Water lmppmvement Area _ PLEASE TAKE FURTHER NOTICE that copies of the -- pproposed benefit assessment rolls have been filed n the,offke f the Town Clerk, at Town Hall, 20MMiddleb MIR Wappinppe��rs falls New York --.--- ----- and `area fable ,.t?, ml O �Cti0 " during regular r biusfiiessi°Miours-awNlgnAa through Friday from And ending on the day of _ in r 30' M. to44:0dP M --- Da OatobEr513«2010 r �� BY'bRDEROFTHETOWNBOARQ the year Of 2� 1 both days inclusive OF THE TOWN OF WAPPINGER JOHN CyMASTERSON,.TOWItCLERK ,. 6755 a� Subscn ed and sworn to before me this da _ I y of in the ear of _201_0_ Nota�P.bhc ROS ANN SIMPSON 1 Notary P blic, StQ 'odOJ9N122#r&ion expires J -Z-v N . O1S Qualifie in Dutchess County Commission Expires January 4, :'() 14 Special Meeting Minutes November 4, 2010 Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina Preliminary Budget for Fiscal Year 2011 Councilman Beale made a motion to open the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. 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 first noted that there was confusion having to do with raises for the Town Board Members. He explained that there are no raises in the elected officials' line items in the Budget. There weren't any votes for raises either. The confusion stemmed from the Public Hearing notice that was published. The Supervisor is required to note in the Public Hearing Notice any money that is set aside for raises so that no new raises can be put in after the election. Councilwoman Czarniecki felt that it appears from the Notice that the Board is getting raises. Supervisor Colsey read the text of the Notice. Discussion about the Notice followed. Councilman Beale explained that, in the course of Budget discussions, it was noted that the union members are set to receive raises. The Board discussed whether it was fair that the other Town employees are not getting raises. A contingency line was established in the event that it is determined that non -highway employees should get raises. The contingency never differentiated between Town Hall employees and Town elected officials. Therefore, the Public Hearing Notice contained the note of the contingency fund. However, the Board never intended to give raises to the elected officials. Discussion followed. The Board went on to note how much they have done for the Town. Supervisor Colsey discussed several charts and graphs that were posted on the meeting room walls. Discussion about the charts, and the use of averages to analyze the Budget, followed. Councilman Beale noted that the average homeowner in the Town of Wappinger will pay $444.00 in Town taxes for the year. He added that this is the lowest tax per capita in Dutchess County. Councilman Paoloni noted that there were several other rates. Supervisor Colsey replied that all of the rates are laid out in the charts. He then opened the floor to the public. The first person to speak was Matt Alexander, Mayor of the Village of Wappingers Falls. Mr. Alexander stated that he has received numerous calls from his residents about the Town's Budget. The Village residents and business owners are concerned with the 29% and 43% increases in the A fund levy. He asked to discuss specific expenditure lines in the Budget. He first asked for explanation of the significant repayment of debt. Supervisor Colsey explained that the Town has been running negative unrestricted fund balances for a few years. There are also borrowings from water and sewer funds that took place in order to pay bills. Mr. Alexander asked if those funds were borrowed from the A fund. Supervisor Colsey answered that the funds did come from the A fund and need to be paid back. Discussion followed. Mr. Alexander asked what the deficit was caused by. Supervisor Colsey answered that it was caused by the loans and by under -funding due to the Tentative Budget becoming the Final Budget by default. There was $200,000 that should have been in the Final Budget, but never made it. Also, the Town has been running shortfalls in the unrestricted fund balances for years. This is an attempt to make up for several years of shortfalls. Mr. Alexander asked if there will be repeated increases in the repayment of debt or if this is a one-time occasion. Supervisor Colsey answered that this will be a two-year process, with equal amounts in each year. Mr. Alexander asked how much of the deficit was due to the Tentative Budget becoming the Final Budget by default. Fredrick Awino, Town Accountant, answered that $200,000 of the $800,000 was due to that factor. Councilman Paoloni did not understand how the Tentative Budget became the Final Budget and how that had the impact that Supervisor Colsey mentioned. Supervisor Colsey described the budget process that should have been followed last year. Mr. Awino explained how he calculated the $200,000 figure. Mr. Alexander asked that the Town Board provide a detailed analysis of the deficit so that he could explain it to the Village. Discussion about the A fund increases, the tax levy and the tax rates followed. Mr. Alexander then noted that there is a doubling in Attorney lines in the Budget. Supervisor Colsey explained why the lines increased. He went on to say that the Town has under -budgeted the lines for professionals over recent years. Mr. Alexander and the Board Town of Wappinger Page 5 Printed 11/12/2010 Special Meeting Minutes November 4, 2010 went on to discuss the Budget lines for Town professionals. Mr. Alexander then asked if there is a change in the way that the Town has looked at contingency funds. Supervisor Colsey described the contingency line in the 2011 Preliminary Budget. Mr. Alexander and Mr. Awino went on to discuss what they predict the deficit will be after next year. Councilman Beale asked the Mayor if there was anything that the Town should be providing to the Village. Mayor Alexander answered that the Village would like an explanation of the Budget deficit and an explanation of the intention to address the deficit. Discussion followed. Councilman Paoloni again brought up the problems caused when they Board failed to adopt a Final Budget last year. He stated that information was provided by the State Comptroller on September 4th. Supervisor Colsey noted that the information that Councilman Paoloni is referring to was included in the Preliminary Budget. Councilman Paoloni stated that the $200,000 was not due to information coming in late. He added that the Budget is meaningless unless the Board changes their spending habits. Supervisor Colsey pointed out that many of the items were captured in the Preliminary Budget. If the Board would have passed the Preliminary Budget last year, the Town would not have had some of these shortfalls. Discussion followed. The next resident to speak was Joseph Ruggiero. Mr. Ruggiero first stated that there is confusion due to a lack of information and the way information is being presented. He claims that there has always been a standard in how information is reported to the people. The common denominator, in his opinion, is the rate -per -$1000 assessment. He also stated that the Tentative Budget did not include an Article 8 and that the Preliminary Budget was adopted on a Saturday afternoon with nobody from the public in the room. Councilman Beale informed Mr. Ruggiero that he is incorrect. Mr. Ruggiero then stated that there is an error in the Article 8. He went on to explain the issue with publishing the higher figures in the Article 8. He then claimed that the deficit being addressed in the 2011 budget is due the "fraud" of a Budget that was put forth in 2009. He went on to list problems that grew from the 2010 Preliminary Budget not being adopted. He stated that the Highway department was not fully budgeted for the 2010 year or in the 2011 Tentative Budget. He also stated that people were left out of the Budget in 2010 and that those people were left in place and are now being told they are being laid off. Supervisor Colsey asked Mr. Ruggiero which personnel were told they were being laid off. Mr. Ruggiero felt that the fact that Mark Liebermann's position was made part-time in the Tentative Budget was an indication. Supervisor Colsey pointed out that he recommended that the position be part- time based on the success that the Town of Fishkill had with having a part-time Fire Inspector. Mr. Ruggiero followed up by clarifying that his position is that, if you under -fund positions and keep people on payroll, it contributes to the problems that the Town is having. He asked that the people be provided truth in budgeting. He credited Supervisor Colsey in providing information on the web more than he was able to do during his own administration. Mr. Ruggiero went on to say that the information being posted should be more accurate. He cited certain sections of the Budget to make his point. He claims that the "Town -Commercial" budget in the 2011 Preliminary Budget is the largest tax increase in Town history. He also asked what the new Recycle Center fee schedule will be and if the bulk pick-up was funded in the Budget for 2011. Mr. Ruggiero summarized some previous budget cycles and credited the Board for making tough decisions. Supervisor Colsey asked Mr. Ruggiero if he supports this Budget. Mr. Ruggiero stated that he does not support this Budget. He recommends looking at utilizing in-house professionals and looking at possible changes for the Recycle Center. Discussion followed. Supervisor Colsey took exception to Mr. Ruggiero's statement about the amount and quality of information being presented to the public. He warned Mr. Ruggiero not to suggest that information has not been presented. He has posted all of the budget documents, including the sewer and water rates. Mr. Ruggiero claimed that Supervisor Colsey was putting out incorrect information. Councilman Beale stated that, now that the Town is at 100% valuation, it can no longer use the tax rate comparisons. Mr. Ruggiero criticized Councilman Beale for being new on the Town Board. He went on to say that he was the Supervisor that made the tough decision to bring the Town up to 100% assessment. Councilman Beale and Mr. Ruggiero discussed the difference between using averages and rates in presenting numbers. They went on to compare the average increase in this budget to those of Mr. Ruggiero's administrations. Supervisor Colsey asked Mr. Ruggiero what level of fund balance he had to work with. Mr. Ruggiero had positive fund balance. Supervisor Colsey inherited a negative unrestricted fund balance from Mr. Ruggiero. Mr. Ruggiero disagreed with that statement. Supervisor Colsey explained that it was the auditing firm that Mr. Ruggiero used when he was Supervisor that verified that there was negative unrestricted fund balance. Mr. Ruggiero claimed that he received a clean audit when he left office. Supervisor Colsey recommended that the public go online and read the audits. He noted that, between the Ruggiero administration of 2006 and the Colsey administration of 2007, the unrestricted fund balance went from a positive $550,000 to a negative balance of 4162,000. Councilman Beale told Mr. Ruggiero not to come to the Town Board saying that the Board is causing fraud. He takes great exception to that statement. Arguing ensued. The next resident to speak was Peter Tomasic. The majority of Mr. Tomasic's statements Town of Wappinger Page 6 Printed 1111212010 Special Meeting Minutes November 4, 2010 were indecipherable. He said something about tearing his building down and burning his house down and then something about doing to Supervisor Colsey what the Russians did to Napoleon. He was clearly upset and angry with Supervisor Colsey and the Town Attorney, Al Roberts. Mr. Tomasic claimed that the Town paid Mr. Roberts $165 per hour for a total of $600,000. Mr. Roberts noted for the record that his fees never approached the levels that Mr. Tomasic claimed. He stated that, with litigation, the total was a little over $200,000, and that included serious ongoing litigation. Discussion followed. The next resident to speak was Mary Schmalz. She again brought up the Article 8 that was discussed at length earlier in the Meeting. The Board went on discussing the Article 8. Ms. Schmalz then asked if the Town purchased two or three golf carts. Supervisor Colsey answered that one cart was purchased and another was gained through a grant. Ms. Schmalz asked if the Town will be purchasing more golf carts. Supervisor Colsey answered that the Town would not. Ms. Schmalz then discussed several lines in the Recreation budget. She asked if the Town Board is cutting the swimming program. Supervisor Colsey confirmed. Ms. Schmalz claimed that Wappinger is the only town and the only school district that does not have a swimming pool. She recommended that the Town Board look into how many drownings occur in the area. She feels that the swimming program is important and should be kept. She also noted that parents pay $200 for their kids to attend the summer camps. Ms. Schmalz then discussed a letter that she saw in the Correspondence Log. She asked why the Town would be cutting employees in the Code Enforcement department. The next resident to speak was Rebecca Chaoussoglou. She first stated that she was opposed to the paint and carpet that was used in the Town Clerk's Office. She felt that Town residents cannot afford paint and carpet. Therefore, she didn't understand why paint and carpet was bought for the Town Hall. Ms. Chaoussoglou then noted that she does not use the Recycle Center or bulk pick-up. She does not want costs pushed down to people that aren't using the site. She would like to see any increases in the Budget to go towards safety first. She then asked what could be done with the expected increased tax revenue to offset the 2011 Budget. She also suggested that the Town Board look for ways to protect the taxpayers and look for ways to reduce the Budget. Councilman Bettina asked if the resident was opposed to the Recycle Center. Ms. Chaoussoglou stated that she was opposed to a fee. Discussion about the bulk pick-up and Recycle Center followed. The next resident to speak was Lori Guistino. She asked to discuss the position in the Code Enforcement Department that is not in the Budget. Supervisor Colsey explained that it was his intention to move that employee into another position. The other Board Members disagreed and have determined not to fund this position in 2011. Ms. Guistino stated that this department brings in the most money. Supervisor Colsey explained that it is an issue of "work available", not "income generated". Discussion followed. The next resident to speak was Max Dao. Mr. Dao noted that it is his wife that is being laid off. He went on to give reasons why his wife should not be let go. Councilwoman Czarniecki stated that it is not up to the Board to decide who should be let go. Councilman Beale added that the issue has nothing to do with job performance. The next resident to speak was Dennis Procak. Mr. Procak asked for information on the Keenan Acres Drainage District. The Highway Superintendent, Graham Foster, explained that the Town's MS4 counsel usually tells the Town what needs to be done in these cases. He also gave a brief history of the Keenan Acres Drainage District. Discussion about the district followed. The next resident to speak was Sandra Towski. Ms. Towski again brought up the topic of giving raises. She asked whether Town employees got a raise in 2009 and 2010. Supervisor Colsey answered that they did not. She felt that, since there are people in Wappinger, including senior citizens, that have not gotten raises, people would be upset if the Town employees got a 3% raise. Ms. Towski also asked if union contracts have been negotiated, if the contract raises could be spread out, if the Town could consolidate departments and if the Town could share services. The Board provided answers to the resident. Ms. Towski concluded by saying that she would be offended if a 3% raise went through. She also asked if the Town has looked into renegotiating health care. Supervisor Colsey answered that the Town does that every year and the process is going on now. Councilman Bettina explained that the Board never agreed to raises. Councilwoman Czarniecki clarified that the Board never agreed to raises for elected officials. She added that the Board did agree to consider raises for Town employees that are not elected. Discussion followed. Ms. Towski then asked what the Town is doing about overtime. Supervisor Colsey answered that, aside from Highway, there is no authorized overtime. Ms. Towski then compared the Recycle Center in Wappinger to the program that is in place in Cortland Manor. Councilwoman Czarniecki explained the plan that the Board is following with regard to the Recycle Center. Ms. Towski then compared the Wappinger Recycle Center to the program that is in place in the Town of Hempstead. Councilman Beale noted that Hempstead is the largest town in the United States. Discussion followed. Ms. Towski then compared the way Town of Wappinger Page 7 Printed 11/12/2010 Special Meeting Minutes November 4, 2010 that the Town of Wappinger permits yard sales to the way that the Town of Hempstead conducts theirs. She recommended that the town of Wappinger charge for yard sale permits. Ms. Towski again stated that she opposes a 3% raise. The next resident to speak was Randolph Kathmann. Mr. Kathmann stated that he is tired of hearing that the Town has to honor contracts just because they are bound by them. He does not oppose unions or union employees, but he is disgusted by the comments that the contracts can't be broken. Councilwoman Czarniecki noted that the Board would not follow that path without first seeking the advice of counsel. Mr. Kathmann replied that he is sick of seeking the advice of counsel as well. Councilwoman Czarniecki also noted that many of the Highway employees are also taxpayers. Discussion followed. The next resident to speak was Donna Steffanci. Ms. Steffanci noted that she is upset, frustrated and does not have any hope. She did not mind the tax increases in the past because jobs were plentiful and there were plenty of services offered. She went on to compare the running of town government to the running of a business. She asks that everyone try to be more creative, to look harder and to make the hard decisions. Discussion followed. Councilman Beale noted that the Town of Wappinger had less than I% growth from 1990-2000. The Town does need to attract business and is lucky to have the Adams project in process. He also noted that State and County mandates trickle down, sometimes after the Budget is already set. He listed some of the mandates that are currently coming down from above. Councilman Paoloni stated that it is one thing to notice the mandates coming down, but another thing to do something about them. He added that the Board new about the mandates, but needs to change the spending habits. The next resident to speak was Richard Siegmund. He has been in Wappinger since 1967. He built a larger house, thinking that his children would stay in the area. The children all moved to other states because there are no good jobs in Wappinger and Dutchess County. This has been an ongoing problem since IBM stopped hiring. Mr. Siegmund has decided that he will stay in Wappinger. He would like Wappinger to be a more fun place that has things to do when his grandchildren are visiting. Mr. Siegmund then mentioned some ways that cities in Arizona are making cuts. He would appreciate anything that the Board can do to keep the taxes down. Councilman Bettina added that there are many people in corporate America that are taking pay decreases in order to keep their jobs. Discussion followed. The next resident to speak was Theodore Izzo. Mr. Izzo first cited a section in the Budget for "celebrations". Councilman Beale explained that this line is for the Town of Wappinger Community Day. The Board went on to discuss the Community Day expenses. Mr. Izzo then questioned a line in the Budget for "coupons". The Town Accountant explained that coupon is a fee associated with bond issues. Mr. Izzo then noted that he works for Verizon and moved up to Wappinger from Long Island in 2001. He feels that moving to Wappinger was one of the biggest mistakes of his life. He noted that his taxes have gone up every year since 2001. It was explained to him that the majority of his taxes are school taxes and the Town Board does not handle school taxes. The Board agrees with Mr. Izzo that the school taxes are a problem. Mr. Izzo then noted that his commute has increased from an hour to an hour and a half. He went on to say that a lot of people are moving up from the city. Therefore, there must be a lot of revenue coming to Wappinger. He asked what the Town is spending all of that revenue on. Councilman Beale again noted that 85% of the taxes are school district taxes, and 71 % of those taxes go towards salaries. He again explained that the Town Board does not have any control over school taxes. He added that the school budget goes out to referendum. The school tax increase was higher than the Town tax for the entire year. The school taxes are strangling Wappinger residents. It is difficult for the Town Board to compensate for the weight of the school taxes and still be able to offer services. He asked what the Town Board can do relative to the school district. Councilwoman Czarniecki noted that there are services that go into providing clear roads for this resident to commute on. The costs of sand and salt have increased dramatically. She stated that the Board has looked at every single line item for ways to cut costs. Mr. Izzo then asked what the tax increases will cause in the future. He noted that this is the reason that people are moving out of the area. He recommends that the Board start cutting taxes. Otherwise, more residents, including senior citizens, will move to Florida. He does not want to hear that the Town Board has no control over the school taxes. He wants the Town Board to find out who has the control and hold them accountable. Councilman Bettina noted that there was a referendum and the residents in the school district voted for the budget and the associated tax increases. Discussion followed. Supervisor Colsey asked if there were any other comments from the audience. There were none. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. The Public Hearing closed at 8:23 PM. Town of Wappinger Page 8 Printed 11/12/2010 Special Meeting Minutes November 4, 2010 RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Town of Wappinger Page 9 Printed 11112/2010 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE 2011 TOWN OF WAPPINGER PRELIMINARY BUDGET 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 October 24, 2010, your deponent posted a copy of the "Notice of Public Hearing on the 2011 Town of Wappinger Preliminary Budget, 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. ohn C. Masterson Town Clerk Town of Wappinger Sworn to Wore me t 25th day of October, 2010 al -4 NOTARY PUBLIC ' MARK LIEBERMANN Notary Public - state of New York No. 01 U6199007 Qualified in Dutchess County My commission Expires October 12, 2013 SOUTHERN NORTHERN 84 EAST WAPPINGERS DUTCHESS NEWS DUTCHESS NEWS MAIN STREET FALLS, NY 12590 NANCY HY UKE of .8:30. a.m. to 4:00 Notary Public, State of NEW YORK p.m.,Mondaythrough No. 01HY6221990 Friday, where it may Qualified in DUTCHESS County be inspected by any 20? 4 interestedper on. My commission expires on June 14,E The -:;'-proposed salaries* ' of. ' each ' memberaof the Town Board,, the Superin- Affidavit of Publication ,Councilman NOTICE OF, PUBLIC aCou45.06 , , kIN�4RINCy $9,$45.00"Posted To: TOWN OF WAPPINGERS FALLS �"' T�VIrN OF' C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. ,WAPPINGER, NOTICE IS HEREBY crease held in contin- WAPPINGERS FALLS, NY 12590 GIVEN ,that -the Town 1'QwN OF WAPPINGER Town Board approval. Board . of. the: Town of Dated: October24,2010 Re: Legal notice #86153 Wappinger"will"con- ducta PUBLIC HEAR - TOWN BOARD ING on the 4th day of OFTHE TOWN OF State of NEW YORK November,.. 2010, at SS : 6:00 p.riC6ft,he Town MASTERSON, County of DUTCHESS Hall, Town of Wap- ping'er, 20'° Middle - I, JOAN MILLER, being duly sworn, depose and bush' � Road, Wap - say: that I am the Publisher of Southern pingersFalls, New Dutchess News, a weekly newspaper of general York, for the purpose of holding a Public circulation published in WAPPINGERS FALLS, Hearing onthe Prelim - County of DUTCHESS, State of NEW YORK; and inary-Budget of said that a notice, of which the annexed is a Townforthefiscalyear printed copy, was duly published in Southern beginning January 1, Dutchess News once on 10/27/10. 2011.'A'copy of said Preliminary Budget is available at the office oftheTownClerkofthe Town; of, VUappinger, /ethis Town Hall" 20 Middle - Sworn to before 27th day of October, 2010 bush Road, Wap- pingers' falls, New York during the hours NANCY HY UKE of .8:30. a.m. to 4:00 Notary Public, State of NEW YORK p.m.,Mondaythrough No. 01HY6221990 Friday, where it may Qualified in DUTCHESS County be inspected by any 20? 4 interestedper on. My commission expires on June 14,E The -:;'-proposed salaries* ' of. ' each ' memberaof the Town Board,, the Superin- YI�VIII IIQII°"' $9.,9,45.00 `. ,Councilman ;. $9,945.00 aCou45.06 , , u �� $9,$45.00"Posted VED salaries re- flect a 3% annual in- ��T 2 S ZO1 crease held in contin- gency pending ;final 1'QwN OF WAPPINGER Town Board approval. TOWN CLERK Dated: October24,2010 BY ORDER OF THE TOWN BOARD OFTHE TOWN OF ..`;.t ��WAi�RIIVGER v, 1JQHN C. MASTERSON, TOWN CLERK Poughliee#5ie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION p State of New York County of Dutchess City of Poughkeepsie NOV 01 20►0 Rita Lombardi, of the City of Poughkeepsie, TOWN OFWAPPINGER Dutchess County, New York, being duly sworn, says TOWN CLERK that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2010 in the city of Poughkeepsie, Dutchess County. Nein York. and that the annexed Notice was duly published in the said newspaper for — eiie iiisez t±un _ successively, in each Week, commencing on the --24-th day of Oct. in the year of 2010 and on the following dates thereafter, namely on. And ending on the ___ day of --_ _ in the y r of 2010 , both days inclusive Subsc edlan.d� sworn to before me this _� day of 1� Uj,� in the�yc-4r of 2010__ ROSE AN SIMPpN Notary Public. S ate of cJb gRginussion expires No o, i i 5a_ Qualitied in Du chess County Commission Expires January 4, 2014 Noiary 1 I yl -Z-f) I Special Meeting Minutes November 4, 2010 VIII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Colsey, Supervisor SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni A. Attorney Advice Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni ABSENT: William Beale IX. Resolutions RESOLUTION: 2010-333 Resolution Confirming the Appointment of a Planning Board Secretary - Zoning Board of Appeals Clerk WHEREAS, the Town of Wappinger incurred a vacancy for the position of Planning Board Secretary -Zoning Board of Appeals Clerk due to an internal promotion; and WHEREAS, representatives from the Planning Board and Zoning Board of Appeals initiated the recruitment of candidates through print media advertisements and conducted interviews on October 6, 2010; and WHEREAS, the respective Chairs of the Boards provided a recommendation for employment via written memo dated October 8, 2010; and WHEREAS, the 2010 Town of Wappinger Budget reflects appropriations for the joint position through budget lines B8010.100 and B8020.100; and WHEREAS, the Town Board authorized the Town Supervisor, through Resolution 2010- 323, to appoint a Planning Board Secretary -Zoning Board of Appeals Clerk consistent with the recommendations of respective Boards; and WHEREAS, the candidate declined the offer due to personal availability conflicts; and WHEREAS, the representatives from the Planning Board and Zoning Board of Appeals deliberated and authorized the Planning Board and Zoning Board of Appeals Chairs to issue a letter of recommendation for an alternate candidate; and WHEREAS, the Town Board has considered the recommendation of the Planning Board and Zoning Board of Appeals, and hereby appoints to the position of Planning Board Secretary -Zoning Board of Appeals Clerk at the annual salary of NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the appointment of as Planning Board Secretary -Zoning Board of Appeals Clerk jointly directed by and under the joint supervision of the Planning Board and the Zoning Board of Appeals. 3. The salary for the Planning Board Secretary -Zoning Board of Appeals Clerk shall be provided in equal shares from budget lines B8010.100 and B8020.100 in the annual amount of ($ ) in accordance with the Town of Wappinger 2010 Budget. 4. The Town Board hereby authorizes the Town Supervisor to extend an offer of employment to the aforementioned candidate in accordance with this resolution. 5. This resolution shall take effect immediately. Town of Wappinger Page 10 Printed 11/12/2010 Special Meeting Minutes November 4, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-333 ❑ Adopted Y_ _ es/Aye Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter Christopher Colsey Seconder f El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ 0 0 0bled Defeated Ta Vincent Bettina Initiator 0 ❑ ❑ 0i ❑ Withdrawn Ismay Czamiecla Voter - 0 ❑ ❑ 0 ❑ ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York November 04, 2010 The Resolution is hereby tabled. RESOLUTION: 2010-340 Resolution Granting Permission for the Town of Wappinger Justice Court to Apply for JCAP Grant WHEREAS, the Town of Wappinger Justice Court is eligible for a grant from the State of New York Unified Court System through the Justice Court Assistance Program; and WHEREAS, Town of Wappinger Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Clerk, Cheryl Hait, have recommended an application for such grant be made; and WHEREAS, Town Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Clerk, Cheryl Hait, have prepared an application to the Justice Court Assistance Program Grant in the form attached hereto; and WHEREAS; the application was required to be submitted to the New York State Office of Court Administration by October 31, 2010 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes an application to be made on behalf of the Town of Wappinger Justice Court pursuant to the Justice Court Assistance Program for a grant, as set forth in the copy of the attached application for said grant. 3. The Town Board hereby confirms the authorization to have said application signed by Supervisor Christopher J. Colsey, as well as Town Justices Carl S. Wolfson and Heather L. Kitchen, and further authorizes and ratifies the actions of Supervisor Christopher J. Colsey, who signed the certification attached to the application, dated October 27, 2010, and Justice Court Chief Clerk Cheryl Hait, who completed the application and submitted same to the New York State Office of Court Administration, to comply with the October 31, 2010 submission date. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-340 0 Adopted Y_ _ es/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ ! -- ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0i ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 04, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-341 Resolution Authorizing Refund of Unused Escrow for Wappinger Falls Mobile Home Park Proposed Connection to Municipal Water System (Account 10-9002) WHEREAS, on or about April 30, 2010, Wappinger Falls Manufactured Housing, Inc. (hereinafter the "Applicant"), petitioned the Town Board to connect to the Town's water supply system; and WHEREAS, on or about April 30, 2010, the Applicant deposited Five Thousand Dollars Town of Wappinger Page 11 Printed 1111212010 Special Meeting Minutes November 4, 2010 and 00/100 ($5,000.00) into an escrow account under Account Number 10-9002 with the Town of Wappinger for payment of the fees of the Town's professionals to review the Applicant's request; and WHEREAS, by letter dated October 6, 2010, the Applicant has withdrawn his request and has requested that the balance of the escrow account be returned; and WHEREAS, all professional fees incurred during the review of the Applicant's request have been paid and a balance of Three Thousand, Four Hundred Seventeen Dollars and 50/100 ($3,417.50) remains in escrow account number 10-9002 and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of Three Thousand, Four Hundred Seventeen Dollars and 50/100 ($3,417.50) from escrow account number 10-9002, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-341 i Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ Li 8 ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 04, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-344 Resolution Authorizing a Request for Proposals in Respect to the Town of Wappinger Recycle Center Operations WHEREAS, the Town Board authorized Supervisor Christopher Colsey to draft a Request for Proposals in respect to the Town of Wappinger Recycle Center operations for fiscal year 2011; and WHEREAS, the Town Board hereby authorizes the Town Supervisor and/or Town Clerk to post and publish the Request for Proposals in respect to the Town of Wappinger Recycle Center operations. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Town Supervisor and/or Town Clerk to post and publish the Request for Proposals in respect to the Town of Wappinger Recycle Center operations. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-344 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey t Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ 0 ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 04, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 12 Printed 11/1212010 Special Meeting Minutes November 4, 2010 X. Special Consideration Motion To: add Resolution 2010-345 to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni ABSENT: William Beale Councilman Bettina Statement Councilman Bettina asked that the record show that: "he will be out of town, he asked the Board to adjourn it, they said'no'." He also wanted to note that: "the Board has called him back into session; they've held things off because he couldn't make a meeting." Supervisor Colsey asked for clarification on Councilman Bettina's statement. Councilman Bettina explained that the Board did not want to make a decision unless he was there to make the decision last Meeting. Discussion followed. RESOLUTION: 2010-345 Resolution Introducing Local Law No._ of the Year 2010 Entitled "Dog Control Law" WHEREAS, the Town Board has determined that it is in the best interest of the residents of the Town of Wappinger to provide for the licensing and identification of dogs, the control and protection of the dog population, the protection of persons, property, domestic animals and deer from dog attack and damage, and to otherwise protect the health, safety and well being of persons and property by imposing restrictions on the keeping and running at large of dogs with the Town of Wappinger; and WHEREAS, recent amendments to the Agriculture and Markets Law enacted pursuant to Part T of Chapter 59 of the Laws of 2010 has made it necessary for the Town of Wappinger to amend the present Town Code; and WHEREAS, the Town Board has determined that it is necessary to rescind Chapter 68 entitled "Animals" and to replace it with a new Chapter 68 entitled "Dog Control Law" in order to be in compliance with the recent amendments to the Agriculture and Markets Law; and WHEREAS, 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 Quality Review Act ("SEQRA"). 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 the Year 2010 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 Quality Review Act ("SEQRA") or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of the Year 2010 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 18th day of November, 2010, at 12:00 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. Town of Wappinger Page 13 Printed 11//2/2010 Special Meeting Minutes November 4, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-345 Yes/Aye No/Nay Abstain Absent 0 Ado ted p Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ 0 ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni 'Voter 0 ❑ ❑ Dated: Wappingers Falls, New York November 04, 2010 The Resolution is hereby duly declared adopted. Motion To: add Resolution 2010-346 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni ABSENT: William Beale RESOLUTION: 2010-346 Resolution Introducing Local Law No._ of the Year 2010,Entitled "Amending Chapter 122, Fees and Fines, Article IV, § 122-16.C. and Article V, § 122-20.D. Relative to Chapter 68, Dog Control Law" WHEREAS, simultaneously herewith, the Town Board adopted revisions to Chapter 68 of the Town Code entitled "Dog Control Law" to implement recent amendments to the NYS Agriculture and Markets Law which transferred the function of dog licensing from the state to local governments and authorized the state's Animal Population Control Program to be administered by a not-for-profit entity selected by the Department consistent with New York's procurement laws; and WHEREAS, the fees and fines associated with the Dog Control Law are contained in the applicable sections of Chapter 122 of the Town Code, specifically Article IV, § 122-16.C. and Article V, § 122-20.D:; and WHEREAS, this Local Law is intended to establish the fees and fines associated with the Dog Control Law and to rescind the prior sections which are no longer applicable; and WHEREAS, 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 Quality Review Act ("SEQRA") and Local Law No. 6 of 1992, Town of Wappinger. 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 the Year 2010 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 Quality Review Act ("SEQRA") or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of the Year 2010 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 18th day of November, 2010, at 12:00 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. Town of Wappinger Page 14 Printed 11/12/2010 Special Meeting Minutes November 4, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-346 ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman 0 Adopted Yes/Aye No/Nay Abstain Absent 11 Adopted as Amended Christopher Colsey Voter 21 El 11 11 13 Defeated William Beale Voter 11 13 110 ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 04, 2010 The Resolution is hereby duly declared adopted. Motion To: add Resolution 2010-347 to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni ABSENT: William Beale Motion To: add Resolution 2010-349 to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czamiecki, Councilwoman AYES: Christopher Colsey, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni ABSENT: William Beale RESOLUTION: 2010-349 Resolution Accepting Roads, Easements, Utilities, and Other Public Improvements Constructed in Connection with Section 1, Parcel 1, Meadowood Subdivision Together with Maintenance Agreement Secured by Letter of Credit WHEREAS, Meadowood Development Corp. (hereinafter "Applicant") had previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision plat entitled "Section 1, Parcel 1, Meadowood Subdivision", hereinafter referred to as "Meadowood 1", prepared by Lawrence J. Paggi, P. E., P.C., dated March 11, 1999 and last revised October 12, 2004; and WHEREAS, the Town of Wappinger Planning Board granted Final Subdivision Plat Approval by Resolution dated November 25, 2003, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map and related Contract Drawings, including dedication of the roads, easements and other public improvements for Meadowood 1, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town; and WHEREAS, the Meadowood 1 subdivision was developed in conjunction with an adjacent subdivision known as "Section 2, Parcel 1 Meadowoods Subdivision" prepared by Lawrence J. Paggi, PE, last revised December 1, 2004, hereinafter referred to as "Meadowood 2"• and WHEREAS, in addition to the improvements to be constructed in Meadowood 1, the Applicant was required to construct certain public improvements within Meadowood 2, which improvements were necessary for the development of Meadowood 1; and WHEREAS, the Town Board has determined that all of the roads and other public improvements, constructed in connection with the development of both Meadowood 1 and Meadowood 2, have been completed in due and proper form and the Town Board hereby agrees to accept the roads, easements, utilities and other public improvements that were required to be constructed in accordance with the original resolutions of subdivision plat approval for both Meadwood 1, together with those improvements made by the Applicant within easements located in Meadowood 2; and WHEREAS, pursuant to the subdivision regulations of the Town of Wappinger, O'Donnell Group, LLC is required to guaranty that the quality of the workmanship of the roads Town of Wappinger Page 15 Printed 11/12/2010 Special Meeting Minutes November 4, 2010 and other public improvements, including the potable water pipes and storm water drainage pipes and facilities accepted herein by the Town will be free from defects in materials and workmanship for a period of one (1) year from the date of acceptance by the Town; and WHEREAS, O'Donnell Group, LLC purchased the subdivision from the Applicant and has completed development of the subdivision, including all of the improvements as required by the Resolution of Final Subdivision Approval; and WHEREAS, the Applicant had previously tendered to the Town of Wappinger the following documents: an Irrevocable Offer of Cession and Dedication dated October 20, 2004, which was filed in the Dutchess County Clerk's Office on November 12, 2004, as document number 02 2004 12236; original Grant of Permanent Easement for Sewer, Storm Sewer and Water Purposes duly executed by Meadowood Development Corp. by Steven Domber as President, dated October 20, 2004, together with accompanying TP -584; original Grant of Snow Easement duly executed by Meadowood Development Corp. by Steven Domber as President, dated October 20, 2004, together with accompanying TP -584; original deed for dedication of the well fields/recreation parcel executed by Meadowood Development Corp. by Steven Domber as President, dated October 26, 2004, together with accompanying TP -584 and RP -5217; original deed for road dedication of Whites Corner Lane executed by Meadowood Development Corp. by Steven Domber as President, dated October 21, 2004, together with accompanying TP -584 and RP -5217; original deed for dedication of the so-called "Parcel 3" located at the southeast quadrant of the intersection of All Angels Hill and Old Hopewell Road executed by Meadowood Development Corp. by Steven Domber as President, dated October 26, 2004; and original Policy of Title Insurance issued through First American Title Insurance Company of New York bearing Policy No.756D02362PA-8809, all in recordable form and approved by the Attorney to the Town, Albert P. Roberts, by letter dated November 5, 2004; and WHEREAS, Applicant also constructed a waterline and other public improvements within easements located within the Meadowood 2 subdivision and the Town Board hereby agrees to accept the grant of water, sewer and stormwater easements, and the snow easement previously tendered to the Town in connection with the Meadowood 2 subdivision; and WHEREAS, the Town Board has determined it is in the best interest of the residents of the Town of Wappinger, and particularly the residents of the Meadowood 1 Subdivision, to accept the roads, easements, utilities and other public improvements that have been constructed in accordance with the original Resolutions of Subdivision Plat Approval for the above - referenced subdivisions; and WHEREAS, pursuant to the Subdivision Regulations of the Town of Wappinger, O'Donnell Group, LLC is required to guarantee that the quality and workmanship of the road and other improvements accepted by the Town will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, by letter dated October 25, 2010, the engineer to the Town has recommended that the Maintenance Bond required to guarantee that the quality of workmanship of the roads and other improvements should be in the amount of One Hundred Twenty -Eight Thousand Two Hundred Sixty -Eight Dollars ($128,268.00); and WHEREAS, The O'Donnell Group, LLC, the current owner and developer of the aforementioned subdivision, has executed a Maintenance Agreement to be Secured by a Letter of Credit issued by M&T Bank, bearing number SB -906391-2000, in the principal sum of One Hundred Twenty -Eight Thousand Two Hundred Sixty -Eight Dollars ($128,268.00) and issued in favor of the Town of Wappinger as the financial security to guarantee the obligation set forth in the Maintenance Agreement; and WHEREAS, the aforementioned Letter of Credit will be delivered to the Town simultaneously with the release of the Letter of Credit issued to guarantee the financial obligation of the Performance Agreement previously posted in connection with the Meadowood 1 Subdivision; and WHEREAS, as additional security to secure the obligation that the improvements will be free from defects, John O'Donnell and Sean O'Donnell, Members of O'Donnell Group, LLC, has further agreed to personally guarantee the obligations of O'Donnell Group, LLC as set forth herein; and WHEREAS, by letter dated October 27, 2010, Graham Foster, Highway Superintendent of the Town of Wappinger, has inspected the construction of the roads within the Meadowood Subdivision, Whites Corner Lane, and has recommended that the Town Board accept it as a town road; and WHEREAS, by letter dated October 25, 2010, the engineer to the Town has recommended that the road and related infrastructure within the subdivision be accepted by the Town Board. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Town of Wappinger Page 16 Printed 1111212010 Special Meeting Minutes November 4, 2010 2. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger, and particularly the residents of Meadowood 1 and Meadowood 2 subdivisions, to accept the road known as Whites Corner Lane, and related easements, utilities, potable water pipes, stormwater drainage pipes and facilities, and other public improvements made and constructed in connection with the Planning Board's Resolution of Final Subdivision Plat Approval dated November 25, 2003 for Meadowood 1, and the Town Board hereby accepts same upon the delivery of the original Maintenance Agreement and Letter of Credit in the sum of One Hundred Twenty -Eight Thousand Two Hundred Sixty -Eight Dollars ($128,268.00) above mentioned and upon the express condition that the roads, easements and other public improvements are conveyed to the Town free and clear of any liens or encumbrances, and upon payment by The O'Donnell Group, LLC of all outstanding fees and escrow reimbursements due to the Town. 3. The Town Supervisor, Christopher J. Colsey, Engineer to the Town, Robert J. Gray, and Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the aforementioned Deed, Easements and related Bills of Sale, if any, recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary for such recording and/or filing, upon a determination that the aforesaid documents are delivered free and clear of any liens or encumbrances and are otherwise in compliance with the Town's Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code. 4. The Maintenance Agreement executed on October 19, 2010, by O'Donnell Group, LLC with an address of 62 Carpenter Road, Hopewell Junction, New York 12533, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the road and other public improvements will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town as required by the Subdivision Regulations of the Town of Wappinger. 5. The Letter of Credit issued by M&T Bank, bearing number SB -906391-2000 and issued in favor of the Town of Wappinger in the principal sum of One Hundred Twenty -Eight Thousand Two Hundred Sixty -Eight Dollars ($128,268.00) securing the obligations set forth in the Maintenance Agreement, is hereby accepted as the financial security to guarantee the obligations contained in the Maintenance Agreement. 6. The personal guarantees issued by John O'Donnell and Sean O'Donnell, incorporated into the Maintenance Agreement, in favor of the Town of Wappinger, securing the obligations set forth in the Maintenance Agreement, is hereby accepted as additional security for the Maintenance Agreement. 7. The Town Board acknowledges that the developer, O'Donnell Group, LLC has completed all of the work required by the Planning Board's Resolution of Final Subdivision Plat Approval dated November 25, 2003, and the Town Board hereby authorizes the Town Clerk to release the original Letter of Credit posted to secure the Performance Agreement previously submitted to the Town to guarantee the construction and installation of the roads and other public improvements required by the aforesaid Resolution of Final Subdivision Plat Approval. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-349 ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Christopher Colsey, Supervisor ® Christopher Colsey, Vincent Bettina, Ismay Czamiecki, Joseph Paoloni ABSENT: William Beale Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ 0 ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ _ ❑ _. ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 04, 2010 The Resolution is hereby duly declared adopted. Motion To: prepare a Resolution to call the bond for 30 days non-compliance RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, Vincent Bettina, Ismay Czamiecki, Joseph Paoloni ABSENT: William Beale Town of Wappinger Page 17 Printed 11/12/2010 Special Meeting Minutes November 4, 2010 RESOLUTION: 2010-342 Resolution Altering the Town of Wappinger Town Board Meeting Schedule for November 2010 WHEREAS, the Town Board adopted a schedule of public meetings at its annual re- organization meeting of January 4, 2010; and WHEREAS, the Town Board has met on Thursday, November 4, 2010, for the purpose of statutorily required public hearings in respect to the 2011 budget and held a public meeting immediately after to address all known pending business; and WHEREAS, the Town Board has determined the meeting on Monday, November 8, 2010, to be unneeded and has resolved to cancel such meeting; and WHEREAS, New York State Town Law requires the adoption of a Final Budget no later than November 20, 2010 or the last adopted budget shall become the default budget for fiscal year 2011; and WHEREAS, the regularly scheduled meeting of Monday, November 22nd falls during the week of Thanksgiving, a time in which many are unavailable due to personal commitments; and WHEREAS, the Town Board hereby cancels the Town Board meeting for Monday, November 22, 2010; and WHEREAS, the Town Board, in recognition of the final budget adoption schedule, and in consideration of the holiday period, hereby schedules a public Town Board meeting for Thursday, November 18, 2010, at 12:OOPM, at Wappinger Town Hall. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the cancellation of the Town Board meetings for Monday, November 8, 2010 and Monday, November 22, 2010. 3. The Town Board hereby schedules a public Town Board meeting for Thursday, November 18, 2010, at 12:00 PM, at Wappinger Town Hall, for the purpose of addressing any matters of pending Town business. 4. The Town Board hereby authorizes the Town Clerk to post and publish the modified meeting schedule in accordance with this adopted resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-342 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ 0 ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecld Seconder 0 ❑ i ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 04, 2010 The Resolution is hereby duly declared adopted. Councilman Bettina Statement Councilman Bettina noted for the record that he will have to be out-of-state on November 18th. He has a family concern on that day. Supervisor Colsey Statement Supervisor Colsey noted for the record that the Board will not be meeting on November 8th, 2010. The Meeting that was set for November 22nd, 2010, is being moved to November 18th, 2010. Councilman Bettina Statement Councilman Bettina again noted for the record that he has said that he will be out-of-town prior to the setting of the November 181h Meeting. He has a family issue on that date and will be out-of-state. He asked that the record reflect that. Town of Wappinger Page 18 Printed 11/1212010 Special Meeting Minutes November 4, 2010 XI. New Business Councilwoman Czarniecki New Business Councilwoman Czarniecki noted that the house at the intersection of Wildwood Drive and New Hackensack Road is still standing. Al Roberts, Town Attorney, noted that it appears as though the house is being prepared to be moved. Councilwoman Czarniecki then noted that Councilman Beale shot down, or dismissed, the Resolution for a sign at Town Hall. She asked that the Resolution be put on the Agenda for November 181H Supervisor Colsey New Business Supervisor Colsey noted that Gary Trudell is moving out-of-town. Councilman Bettina stated that he would like to have an award to honor Mr. Trudell. Supervisor Colsey then noted that New York State is considering allowing municipalities to alter fire district budgets after they are submitted. Discussion followed. Mary Schmalz New Business Mary Schmalz addressed the Board about her request to attend an outdoor resources seminar as a representative of the Town of Wappinger. Councilman Bettina made a motion to allow Mary Schmalz to attend the outdoor resources seminar. The motion was seconded by Councilwoman Czarniecki and passed unanimously. Motion To: allow Mary Schmalz to attend an outdoor resources seminar RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni ABSENT: William Beale XII. Town Board Review of Vouchers RESOLUTION: 2010-347 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 201ODDD Vendor A (General Townwide) B (General PartTown) DB (Highway) Assoc of Towns $1,500.00 CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson $384.92 Southern Dtc News $56.59 Home Depot $3.94 Vellano Brothers $309.38 Mid Hudson Fasteners $253.80 Bottini Fuel $5,427.10 West Paymnt Ctr $148.00 West Paymnt Ctr $857.60 DC Soil Water Cons $500.00 American Red Cross $2,405.00 Town of Wappinger Page 19 Printed 11/12/2010 Special Meeting Minutes November 4, 2010 Matthew Meybohm $201.05 NYS Assoc Highway $150.00 NOCO Energy $1,157.40 Kearns Electric $164.95 HGE (Highway Emergency Generator) HN (Wappinger United 992R Project) Reserve Account $4,000.00 Susan Dao $17.50 Gellert & Klein $544.50 Gellert & Klein $519.75 Gellert & Klein $874.50 $940.50 $304.41 Gellert & Klein $4,829.00 Chappaqua Dut Transp $980.00 Community Energy Chris Masterson $34.72 Carmel Winwater Works $6,074.50 Morris Associates $6,127.80 $5,684.00 $754.00 Morris Associates $330.00 $147.00 Morris Associates Morris Associates Morris Associates Morris Associates KVS Information $6,605.00 Perfect Comfort $480.00 Perfect Comfort Hannaford $2.84 Tru Green $2,474.00 John DiMartino A-1 Supply $21.63 Totals $29,988.90 $10,497.84 $14,778.64 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Unreserved fund balance/(deficit) as of 11/3/2010 $3,483,404.00 $2,990,185.03 $4,636.00 $488,582.97 14.03% $ (600,084.54) Deficit $1,353,147.00 $1,255,200.39 $0.00 $97,946.61 7.24% (6,881.80) Deficit $2,553,172.00 $2,073,809.90 $172,387.25 $306,974.85 12.02% 63,750.01 Vendor CD (Trails Grant PKS-04-TA-095) HGE (Highway Emergency Generator) HN (Wappinger United 992R Project) Assoc of Towns CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Southern Dtc News Home Depot Vellano Brothers Mid Hudson Fasteners Bottini Fuel West Paymnt Ctr West Paymnt Ctr DC Soil Water Cons American Red Cross Matthew Meybohm Town of Wappinger Page 20 Printed 1111212010 Special Meeting Minutes November 4, 2010 NYS Assoc Highway NOCO Energy Kearns Electric Reserve Account Susan Dao Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein Chappaqua Dut Transp Community Energy Chris Masterson Carmel Winwater Works Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates KVS Information $4,500.10 $406.00 Perfect Comfort HNC (Cider MITI Loop Water Tank Rehabilitation Project) HTB (Boiler Replacement) LC (Camel! Light) Perfect Comfort Hannaford Tru Green John DiMartino $2,200.00 A-1 Supply Totals $2,200.00 1$4,500.10 $406.00 2010 Adjusted Budget N/A N/A N/A YTD Actual Expended $5,448.80 $4,764.10 $59,668.27 YTD Encumbered $0.00 $0.00 $0.00 YTD available budget balance N/A N/A N/A YTD available budget bal % N/A N/A N/A Cummulative Unreserved fund $ (9.72) $ (4,764.10) $ 582,780.65 balance/(deficit) as of 11/3/2010 American Red Cross Deficit Deficit Vendor HNC (Cider MITI Loop Water Tank Rehabilitation Project) HTB (Boiler Replacement) LC (Camel! Light) Assoc of Towns CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Southern Dtc News Home Depot Vellano Brothers Mid Hudson Fasteners Bottini Fuel West Paymnt Ctr West Paymnt Ctr DC Soil Water Cons American Red Cross Matthew Meybohm Town of Wappinger Page 21 Printed 1111212010 Special Meeting Minutes November 4, 2010 NYS Assoc Highway LD ( Chelsea Light) LH (Hughsonville Light) SI (Sewer Improvement #1) NOCO Energy Kearns Electric Reserve Account Susan Dao Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein Chappaqua Dut Transp Community Energy $1.71 Chris Masterson Carmel Winwater Works Morris Associates $3,269.70 $39.20 Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates KVS Information Perfect Comfort Perfect Comfort $4,325.00 Hannaford Tru Green John DiMartino A-1 Supply Totals 1$3,269.70 $4,364.20 $1.71 2010 Adjusted Budget N/A N/A $775.00 YTD Actual Expended $8,082.61 $499.60 $720.75 YTD Encumbered $0.00 $0.00 $0.00 YTD available budget balance N/A N/A $54.25 YTD available budget bal % N/A N/A 7.00% Cummulative Unreserved fund $ 409,200.83 $ (7,177.71) $ balance/(deficit) as of 11/3/2010 833.15 Deficit Vendor LD ( Chelsea Light) LH (Hughsonville Light) SI (Sewer Improvement #1) Assoc of Towns CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Southern Dtc News Home Depot Vellano Brothers Mid Hudson Fasteners Bottini Fuel West Paymnt Ctr West Paymnt Ctr DC Soil Water Cons American Red Cross Matthew Meybohm NYS Assoc Highway Town of Wappinger Page 22 Printed 1111212010 Special Meeting Minutes November 4, 2010 NOCO Energy Kearns Electric Reserve Account Susan Dao Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein Chappaqua Dut Transp Community Energy $42.45 $125.62 Chris Masterson Carmel Winwater Works Morris Associates $268.00 Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates KVS Information Perfect Comfort Perfect Comfort Hannaford Tru Green John DiMartino A-1 Supply Totals $42.45 $125.62 $268.00 2010 Adjusted Budget $9,625.00 $33,980.00 $639,509.00 YTD Actual Expended $8,031.50 $24,440.55 $515,065.50 YTD Encumbered $0.00 $0.00 $0.00 YTD available budget balance $1,593.50 $9,539.45 $124,443.50 YTD available budget bal % 16.56% 28.07% 19.46% Cummulative Unreserved fund $ $ 16,883.66 $ balance/(deficit) as of 11/3/2010 3,726.33 69,533.95 Vendor SR (Rockingham Sewer District) SV (Phase 3A Sewer) WU (Wappingers United) Assoc of Towns CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Southern Dtc News Home Depot Vellano Brothers Mid Hudson Fasteners Bottini Fuel West Paymnt Ctr West Paymnt Ctr DC Soil Water Cons American Red Cross Matthew Meybohm NYS Assoc Highway NOCO Energy Town of Wappinger Page 23 Printed 1111212010 Special Meeting Minutes November 4, 2010 Kearns Electric Reserve Account Susan Dao Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein Chappaqua Dut Transp Community Energy Chris Masterson Carmel Winwater Works Morris Associates $268.00 $268.00 $2,153.00 Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates KVS Information Perfect Comfort Perfect Comfort Hannaford Tru Green John DiMartino A-1 Supply Totals $268.00 $268.00 $2,153.00 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Unreserved fund balance/(deficit) as of 1113/2010 $420,816.00 $362,839.05 $0.00 $57,976.95 13.78% (81,360.61) Deficit $1,275,278.00 $1,193,102.93 $0.00 $82,175.07 6.44% $ 529,635.33 Vendor I T92 I T96 Assoc of Towns CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Southern Dtc News Home Depot Vellano Brothers Mid Hudson Fasteners Bottini Fuel West Paymnt Ctr West Paymnt Ctr DC Soil Water Cons American Red Cross Matthew Meybohm NYS Assoc Highway NOCO Energy Kearns Electric Reserve Account Susan Dao Gellert & Klein $340.00 $340.00 $1,579,922.00 $1,421,579.60 $692.16 $157,650.24 9.98%' 1,224,433.87 $180.00 Town of Wappinger Page 24 Printed 1111212010 Special Meeting Minutes November 4, 2010 Gellert & Klein N/A YTD Actual Expended Gellert & Klein YTD Encumbered N/A Gellert & Klein N/A YTD available budget bal % Chappaqua Dut Transp Cummulative Unreserved fund balance/(deficit) N/A Community Energy Adopted Christopher Colsey Chris Masterson a ❑ Carmel Winwater Works ❑ ❑ Adopted as Amended Morris Associates $8,587.70 $290.00 Morris Associates $9,666.40 Rl Morris Associates $550.80 Initiator Morris Associates ❑ $1,407.00 Morris Associates $33.60 Morris Associates $26.80 KVS Information ❑ Withdrawn Perfect Comfort Seconder Rl Perfect Comfort ❑ ❑ Hannaford Joseph Paoloni Voter Tru Green ❑ ❑ John DiMartino A-1 Supply Totals $19,545.30 $1,877.00 2010 Adjusted Budget N/A YTD Actual Expended N/A YTD Encumbered N/A YTD available budget balance N/A YTD available budget bal % N/A Cummulative Unreserved fund balance/(deficit) N/A as of 11/3/2010 Adopted I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of November 4, 2010, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-347 11 _ Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ Rl ❑ Defeated Vincent Bettina Initiator ll ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Seconder Rl ❑ ❑ ❑ Joseph Paoloni Voter Rl ❑ ❑ ❑ Dated: Wappingers Falls, New York November 04, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-343 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 201OCCC Vendor I A I B I DB WU Town of Wappinger Page 25 Printed 11/12/2010 Special Meeting Minutes November 4, 2010 2010 Adjusted Budget $3,483,404.00 YTD Actual Expended $2,943,846.84 YTD Encumbered $4,636.00 YTD available budget $534,921.16 balance YTD available budget 15.36% bal % Cummulative Unreserved fund $(595,511.28) balance/(deficit) as of $1,353,147.00 $1,241,333.22 $0.00 $111,813.78 8.26% $2,553,172.00 $2,040,434.39 $172,387.25 $340,350.36 13.33% $1,579,922.00 $1,418,540.83 $0.00 $161,381.17 10.21% $ (65,997.25) $ 97,069.15 $ 1,223,430.73 Town of Wappinger Page 26 Printed 11/1212010 (General Townwide) (General PartTown) (Highway) (Wapp United) CAMO Pollution $461.00 CAMO Pollution $25.00 CAMO Pollution $25.00 Central Hudson $552.48 Central Hudson $64.29 DC Office Aging $11,116.56 FedEx $43.98 Montfort Brothers $384.00 Poughkeepsie Journal $173.20 Southern Dtc News $165.43 Home Depot $6.98 Home Depot $22.47 Home Depot $50.60 Home Depot $29.00 Home Depot $5.93 Signal Graphics $112.99 First Unum Life $232.99 $70.91 $151.95 Carquest $24.58 $18.80 DC OCIS $2,393.00 Pine Plains Tractor $243.91 Pine Plains Tractor $479.19 Enviro Clean $1,650.00 Arkel Motors $606.86 Foam and Wash $3.50 $17.50 Williams Lumber $123.86 Cryo Weld $548.00 McGrath and Co. $4,700.00 AtlasStar $13.20 Christopher Colsey $26.97 Wells Fargo $518.62 Walter Leczinski $30.18 Gellert & Klein $2,161.50 DC SPCA $162.00 WB Mason $10.19 Michael Krisko $62.17 Big Top Portables $58.50 Big Top Portables $312.50 $195.50 Hudson Riv Vly Tours $680.00 Wilson Oil $2,603.43 Wilson Oil $646.89 Hannaford $5.68 Paetec $862.82 Frances Malofante $24.40 Totals j $27,663.94 $671.52 $4,499.07 $43.98 2010 Adjusted Budget $3,483,404.00 YTD Actual Expended $2,943,846.84 YTD Encumbered $4,636.00 YTD available budget $534,921.16 balance YTD available budget 15.36% bal % Cummulative Unreserved fund $(595,511.28) balance/(deficit) as of $1,353,147.00 $1,241,333.22 $0.00 $111,813.78 8.26% $2,553,172.00 $2,040,434.39 $172,387.25 $340,350.36 13.33% $1,579,922.00 $1,418,540.83 $0.00 $161,381.17 10.21% $ (65,997.25) $ 97,069.15 $ 1,223,430.73 Town of Wappinger Page 26 Printed 11/1212010 Special Meeting Minutes November 4, 2010 10/20/2010 Deficit Deficit I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of November 4, 2010, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-343 0 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ 0 ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 04, 2010 The Resolution is hereby duly declared adopted. XIII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni ABSENT: William Beale The meeting adjourned at 9:39 PM. hn C. Masterson Town Clerk Town of Wappinger Page 27 Printed 11/12/2010