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2007-11-26 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting November 26, 2007 7:30 PM Agenda — SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:30 PM Meeting called to order on November 26"', 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order IL Minutes Approval 1. Thursday, November 08t11, 2007 2. Tuesday, November 13`I', 2007 3. Wednesday, November 14t11, 2007 4. Thursday, November 15`I', 2007 III. Public Portion IV. Discussion A. Kendall Farms Drainage — Jay Paggi B. Klein and Alexander Property Donation - Briar Lane — Al Roberts C. Assessor's Car — Graham Foster D. Joint Landfill Closure Project Update — Jay Paggi, Al Roberts V. Resolutions 2007-245. Resolution Authorizing and Confinning the Maximum Expenditure to Pay the Town's Share of the Costs of the Closure of the Poughkeepsie- Wappinger Joint Landfill 2007-246. Resolution Accepting a Performance Agreement Secured by Letter of Credit for the Cranberry Hills Subdivision 2007-247. Resolution Authorizing Highway Department and Recreation Department to Purchase Certain Capital Equipment 2007-248. Resolution Authorizing Abandonment of Assessor Car 2007-249. A Resolution Authorizing the Issuance of Not Exceeding $300,000 Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of a Settled Claim In the Matter of O'MARA V. TOWN OF WAPPINGER VI. New Business VII. Executive Session A. Personnel Issue - Report from Hearing Officer Joseph Wooley B. Inter City Tire - Trial Status - Marco Caviglia, Al Roberts VIII. Post Executive Session Resolutions 2007-250. Resolution Authorizing Personnel Disciplinary Actions IX. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes Chris Masterson 845-297-5771 Monday, November 26th, 2007 7:30 PM Town Hall Call to Order Councilman Paoloni, Deputy Supervisor, called the Meeting to Order at 7:36 PM. Attendee Name Organization Title Status Arrived Joseph Ruggiero Town of Wappinger Supervisor Absent William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Jay Paggi 0 Town Engineer Present Al Roberts ❑ Tabled Town Attorney Present Graham Foster ❑ Highway Superintendent Present David Stolman 0 Town Planner Present Supervisor Ruggiero Absence Councilman Paoloni stated that Supervisor Ruggiero was on vacation and would not be present for the Meeting. Minutes Approval 1. Thursday, November 08th 2007 ✓ Vote Record - Acceptance of Minutes for November S, 2007 7:30 PM Yes/Aye No/Nay Abstain Absent Absent Joseph Ruggiero Voter ❑ ❑ ❑ 0 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ Initiator Joseph Paoloni Voter 0 ❑ ❑ ❑ 2. Tuesday, November 13t1i, 2007 ✓ Vote Record - Acceptance of Minutes for November 13, 2007 7:30 PM Yes/Aye Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter Joseph Ruggiero Voter ❑ ❑ ❑ 0 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ 3. Wednesday, November 14th, 2007 ✓ Vote Record - Acceptance of Minutes for November 14, 2007 7:30 PM Yes/Aye Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter Joseph Ruggiero Voter ❑ ❑ ❑ 0 0 Accepted William Beale Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ 4. Thursday, November 15t1i, 2007 ✓ Vote Record - Acceptance of Minutes for November 15, 2007 7:30 PM Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter ❑ ❑ ❑ 0 0 Accepted William Beale Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Councilman Bettina comments Councilman Bettina noted that he was absent for the November 15th Special Town Board Meeting as he was at Columbia Presbyterian Hospital. He wanted to know why the Budget was moved on Wednesday since he was present for both the Monday and Tuesday Meetings. Town of Wappinger Page ! Printed 1113012007 Regular Meeting Minutes November 26, 2007 III. Public Portion Public Comments on the Agenda Items Councilman Paoloni opened the floor to public comments on the agenda items. There were no comments from the public. Councilwoman McCarthy moved to close the public portion of the Meeting. The motion was seconded by Councilman Bettina and passed unanimously. Motion To: close the Public Portion of the Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni ABSENT: Joseph Ruggiero IV. Discussion A. Kendall Farms Drainage — Jay Paggi Councilman Paoloni opened the discussion at 7:40 PM. Jay Paggi addressed the issues concerning the drainage repairs on the Kendall Farms Easement north of Old Hopewell Road. The Town's application to the DEC was submitted on June 28th, 2007, to repair the ditch from the Shamrock Subdivision easement to the Kendall Farms Subdivision. The DEC lost the application. Mr. Paggi then re -submitted the application on October 31 S`. Approval was received on November 6`h 2007. Councilwoman McCarthy requested that residents receive a letter updating them on the status and approval of this project and proposed scheduled work. Mr. Paggi replied that something could be sent out. Councilman Paoloni asked if a separate drainage district is required for this change. Mr. Paggi replied that it would have to be discussed by the Town Board. Discussion followed. Mr. Paggi asked for a list of residents from Kendall Farms who should receive letters. Councilwoman McCarthy replied that it only needed to be sent to the residents on Nicole Drive. Discussion was closed at 7:44 PM. B. Klein and Alexander Property Donation- Briar Lane — Al Roberts Councilman Paoloni opened the discussion at 7:44 PM. Al Roberts spoke about the Klein and Alexander Property that was offered to the Town, which consists of two parcels of land. The agreement was made contingent on a Phase One Environmental Review which was prepared by The Chazen Company and reviewed by Mr. Paggi. Mr. Paggi noted that there were some potential inconsistencies in the report and suggested that the matter be referred to an independent Environmental Review Company. Mr. Roberts contacted Jim Klein and received a letter back stating that Mr. Klein would pay for the independent review. Mr. Paggi recommended the town use Conrad Geoscience. Discussion followed. Councilman Paoloni commented that he was concerned about ground contamination from the Fairchild site. Mr. Paggi explained that the well logs were reviewed and there has not been any documentation of contamination. There is a potential for migration though. Councilman Paoloni asked why the owners were donating the property. Mr. Paggi answered that the owners have no use for the property. Discussion followed about the parcels. Mr. Paggi used a map to show which parcels were being discussed. Councilman Beale asked what the deadline for this agreement was. Mr. Paggi explained that it is the wishes of the owners to get this done before the end of the calendar year. Councilman Beale asked if this was feasible. Mr. Paggi replied that it was. Mr. Roberts added that the owners had indicated that the transfer is contingent on the Town accepting the property before December 31S`. If the deadline passes, the offer would expire by its terms. Councilman Paoloni noted that he would hate to accept something expeditiously and then find out later on that there is a problem with it. Discussion followed. The discussion closed at 7:55 PM. C. Assessor's Car— Graham Foster Councilman Paoloni opened the discussion at 7:55 PM. Graham Foster explained the contents of a memo that was submitted to the Board regarding the Assessor's car. The car is 14 years old and has rusted steel lines that need to be replaced. This car has been taken off the road and the plates have been turned in. Mr. Foster noted that the Board could decide to sell it or demolish it for scrap. The discussion was closed at 7:57 PM. Torn of Wappinger Page 2 Printed 1113012007 Regular Meeting Minutes November 26, 2007 D. Joint Landfill Closure Project Update — Jay Paggi, Al Roberts Councilman Paoloni opened the discussion at 7:57 PM. Al Roberts, Town Attorney, explained that the Airport Landfill has had a life that has progressively gotten more expensive. There have been adjustments along the way. The Joint Landfill had applied for and was approved for a $2,000,000 grant. The last approval authorized by the Town Board brought the total costs up to $10,000,000. The actually costs have come in at about $10,700,000. The differential was paid for by some of the grant money that has already been received. The engineers and accountants to the landfill have had trouble reconciling the total project cost. In October, Mr. Roberts was provided a memo from the engineer, which calculated the cost differential for each municipality. The Resolution before the Board was based on the memo. The Resolution confirms that each of the municipalities approves the $10,700,000 total cost. Mr. Paggi added that the Town's portion of the landfill is about 14.1 %. Councilman Paoloni asked how the 14.1 % was arrived at. Mr. Paggi answered that there was an intennunicipal agreement back in the early 1970's. The figure must have been figured based on populations of the municipalities at that time. With no other questions, the discussion was closed at 8:01 PM. V. Executive Session Motion To: go into Executive Session at 8:01 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni ABSENT: Joseph Ruggiero 1. Personnel Issue — Report from Hearing Officer Joseph Wooley 2. Inter City Tire - Trial Status — Marco Caviglia, Al Roberts Motion To: come out of Executive Session at 8:46 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni ABSENT: Joseph Ruggiero VI. Resolutions RESOLUTION: 2007-245 Resolution Authorizing and Confirming the Maximum Expenditure to Pay the Town's Share of the Costs of the Closure of the Poughkeepsie-Wappinger Joint Landfill WHEREAS, by Intermunicipal Agreement dated January 19`x', 1970, as supplemented by Intennunicipal Agreement dated September I11h, 2003, the Town of Poughkeepsie, the City of Poughkeepsie, the Town of Wappinger, the Village of Wappingers Falls and the Town of LaGrange operated and maintained a joint sanitary landfill located at the Dutchess County Airport, commonly known as the Poughkeepsie-Wappinger Joint Landfill; WHEREAS, each of the aforesaid municipalities has executed an Order on Consent with the New York State Department of Environmental Conservation, Department of Environmental Conservation Order On Consent File No. R3-20020628-75, pursuant to which such municipalities have agreed to undertake certain closure and remedial actions with respect to the Poughkeepsie- Wappinger Joint Landfill, all in accordance with a certain Closure Investigation Report approved by the Department of Environmental Conservation; and WHEREAS, pursuant to Intermunicipal Agreement dated January 19", 1970, the constituent municipality confirmed that the allocation of costs to close the Landfill was as follows: Municipality Percentage Town of Poughkeepsie 42.4208% City of Poughkeepsie 30.1898% Town of Wappinger 14.1728% Village of Wappingers Falls 3.7166% Torn of Wappinger Page 3 Printed 11/30/2007 Regular Meeting Minutes November 26, 2007 Town of LaGrange 9.5000% WHEREAS, it was originally estimated that the cost to complete the closure of the Landfill was $6,000,000.00 and by Resolution dated January 26t1i, 2004, the Town Board of the Town of Wappinger authorized the issuance of $850,368.00 serial bonds of said Town to pay said Town's share of the cost of the closure of the so-called Poughkeepsie-Wappinger Joint Landfill located at the Dutchess County Airport; and WHEREAS, it was subsequently detennined that the aggregate cost of the closure of the Landfill was estimated to be $10,000,000.00, an increase of $4,000,000.00 over that previously estimated, and that the Town's share of the cost of said closure, including the undertaking of the closure and remedial measures set forth in the aforesaid Order on Consent, was estimated to be $1,417,280.00, an increase of $566,912.00 over that previously estimated; and WHEREAS, the closure of the Joint Landfill has been completed pursuant to the "Order on Consent" and the Engineers and the Accountants to the Pouglikeepsie-Wappinger Joint Landfill Board have completed an accounting of all the costs and expenditures required to complete the closure of the Landfill and have now determined that the maximum estimated aggregate cost of the closure of the Landfill is $10,764,141.61, an increase of $764.141.61 over that previously estimated and that the Town's total share of the cost of said closure is $1,525,580.26, an increase of $108,300.26 over that previously estimated; WHEREAS, the individual constituent municipalities of the Poughkeepsie-Wappinger Joint Landfill will receive a grant from the New York State Department of Environmental Conservation in the amount of $2,000,000.00 to be allocated amongst the constituent municipalities in accordance with the above percentages; and WHEREAS, because of the aforementioned grant, no further borrowing will be required by any of the constituent municipalities to pay the costs of the closure of the Landfill; and WHEREAS, the Town Board hereby desires to confirm the maximum aggregate costs it has incurred in furtherance of the closure of the Landfill. 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 confines that the maximum aggregate cost of the Poughkeepsie-Wappinger Joint Landfill located at the Dutchess County Airport is $10,764,141.61, an increase of $764,141.61 over that previously estimated, and, by adoption of this Resolution, authorizes all prior expenditures made in furtherance of the closure of the Landfill consistent with the Order on Consent to a maximum aggregate of $10,764,141.61. •—" 3. It is hereby confirmed that the Town's share of the maximum aggregate cost of the closure of the Landfill is $1,525,580.26 and the expenditure of said sum is hereby authorized. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-245 Yes/Aye No/Nay Abstain Absent D Adopted Joseph Ruggiero Voter ❑ ❑ ❑ 0 ❑ Adopted as Amended William Beale Voter 0 1-10 ❑ 11 Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ El ❑ Tabled Withdrawn Maureen McCarthy Initiator 0 ❑ El El Joseph Paoloni Voter R1 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 26t1i, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-246 Resolution Accepting a Performance Agreement Secured by Letter of Credit for the Cranberry Hills Subdivision WHEREAS, the Town of Wappinger Planning Board received an application from ... Cranberry Hills, LLC, for a subdivision of lands more particularly described in a Subdivision Plat entitled, "Subdivision Plat of Cranberry Hills", prepared by Bunney Associates dated June 30t1i, 2006, last revised November 15th 2007; and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval by Resolution dated December 12th, 2006, subject to and conditioned upon completion of the conditions set forth in the aforementioned Resolution, as well as the completion of and implementation of the conditions set forth in Local Law #14 of 2002 adopted by the Town Board of the Town of Wappinger on October 15t1i, 2002, which granted Conservation Subdivision authorization to the Planning Board to permit a Conservation Town of Wappinger Page 4 Printed 1113012007 Regular Meeting Minutes November 26, 2007 Subdivision for the subject properties subject to certain conditions set forth therein; and WHEREAS, the Planning Board Resolution of Approval allowed for filing of the Subdivision Plat in sections subject to certain improvements being made and constructed as set forth on the aforementioned Subdivision Plat and related contract drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, Municipal Stormwater Management Law, Rules and Regulations of the Town of Wappinger and further subject to the requirements and comments contained in the letter of Paggi, Martin & Del Bene, LLP, Engineers to the Town, dated November 8t", 2006; and WHEREAS, the Engineer to the Town, in the memo of Paggi, Martin & Del Bene, LLP, dated October 26t1i, 2007, determined the amount necessary to be posted to secure the Performance Agreement guaranteeing the improvements required to be completed and conditions .... to be implemented in connection with the Resolution of Final Subdivision Plat Approval for Phase 1 to be $4,320,000.00; and WHEREAS, Town Law §277 requires that a developer of a subdivision guarantee the construction, installation and dedication of the improvements required by the Resolution of Subdivision Plat Approval, prior to the issuance of any Building Pen -nits; and WHEREAS, Cranberry Hills, LLC has tendered to the Town of Wappinger a Perfonnance Agreement duly executed by Cranberry Hills, LLC secured by an Irrevocable Letter of Credit issued by Bank of New York bearing number 500055737 in the principal amount of $4,320,000.00, in favor of the Town of Wappinger; and WHEREAS, Albert P. Roberts, attorney to the Town, has reviewed, examined and approved the aforementioned Performance Agreement and Letter of Credit. 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 Perfonnance Agreement executed on November 16t1i, 2007 by Cranberry Hills, LLC, by Glickenhaus Wappingers, LLC, by Seth Glickenhaus, Member, with an address of 118 North Bedford Road, Mount Kisco, New York 10549, as Obligor, in favor of the Town of Wappinger, is hereby accepted as the guaranty of the completion of the instruction, installation, implementation and dedication of the improvements required by the Resolution of Subdivision Plat Approval dated December 12t1i, 2006, pursuant to Town Law §277. 3. The Irrevocable Letter of Credit issued by Bank of New York bearing number S00055737 and issued in favor of the Town of Wappinger, dated November 15th, 2007, in the sum of $4,320,000.00, securing the obligations set forth in the Resolution of Subdivision Plat Approval dated December 12t1i, 2006, is hereby accepted as security for the Performance Agreement. 4. The original Performance Agreement executed on November 16, 2007, and the original Letter of Credit dated November 15, 2007 is directed to be placed on file with the Town Clerk. 0 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-246 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter ❑ ❑ ❑ 0 ❑ Adopted as Amended William Beale seconder 0 El ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ El Tabled Maureen McCarthy Voter 0 El El El Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 26t", 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-247 Resolution Authorizing Highway Department and Recreation Department to Purchase Certain Capital Equipment WHEREAS, the Town Board adopted a Resolution on October 9t1i, 2007, subject to pennissive referendum, that authorized the issuance of bonds in an amount not to exceed $450,000.00 for the purchase of capital equipment by the Highway Department and the Recreation Department; and WHEREAS, the time in which a Petition for Pennissive Referendum to be filed has expired, and the Notice of Estoppel has been published on November 14t", 2007; and WHEREAS, the equipment needed by the Recreation Department consists of a 4 -wheel Town of Wappinger• Page 5 Printed 1113012007 Regular Meeting Minutes November 26, 2007 drive pick-up truck, a large trailer, 4 -wheel drive mower and small flexible mower; and WHEREAS, the needed equipment by the Highway Department consists of a sweeper, a case backhoe and an international truck #8; and WHEREAS, both the Highway Department and the Recreation Department seek permission to solicit bids for their requested equipment and/or purchase that equipment through the "State Bid"; and WHEREAS, the Town Board determines that the purchase of the capital equipment 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 pursuant to Local Law No. 6 of 1992 and, accordingly, no environmental review is required. NOW, THEREFORE, BE IT RESOLVED, that the Highway Department and the Recreation Department are hereby authorized to establish specifications and to advertise bids for the above referenced equipment in accordance with § 103 of General Municipal Law and/or purchase said equipment through the "State Bid". BE IT FURTHER RESOLVED, that any contract for purchase of the above referenced equipment is subject to approval by the Town Board and in accordance with the provisions of the Town of Wappinger Procurement Policy. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-247 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter El ❑ ❑ 0 ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ El Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ 1-1 Tabled Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-248 Resolution Authorizing Abandonment of Assessor Car WHEREAS, there is a 1993 Oldsmobile Cutlass with a blown brake line, severely rusted fuel and transmission lines in danger of rupturing; and WHEREAS, none of these lines are available to purchase and would need to be custom made at a repair shop; and WHEREAS, Highway Superintendent Graham Foster has recommended that this vehicle be removed from the fleet and disposed of as it is sitting inactive without plates on it. 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 abandons the 1993 Oldsmobile Cutlass due to the dangerous condition it is in. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-248 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter ❑ ❑ ❑ 0 ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator Rl ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 26th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 11130/2007 Regular Meeting Minutes November 26, 2007 RESOLUTION: 2007-249 A Resolution Authorizing the Issuance of Not Exceeding $300,000 Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of a Settled Claim in the Matter of O'MARA V. TOWN OF WAPPINGER BE IT RESOLVED, by the affinnative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of a settled claim in the matter of O'Mara v. Town of Wappinger, including incidental costs of issuance and expenses in connection therewith, there are hereby authorized to be issued not exceeding $300,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $300,000, and the plan for the financing thereof is by the issuance of not exceeding $300,000 bonds of said Town herein authorized. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 33(a) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terns, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if - 1) £1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with as of the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long -teen basis, or otherwise set aside with respect to the pennanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form thereof in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk substantially in the form provided in Section 81.00 of the Local Finance Law. Torn of Wappinger Page 7 Printed 1113012007 Regular Meeting Minutes November 26, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-249 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter ❑ ❑ ❑ 0 ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ 11❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ 11 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 26th, 2007 The Resolution is hereby duly declared adopted. lumm RESOLUTION: 2007-250 Resolution Authorizing Personnel Disciplinary Actions WHEREAS, the Town Supervisor Joseph Ruggiero, of the Town of Wappinger, has brought certain misconduct charges against employee Andrea Paustian, pursuant to Civil Service Law §75, and WHEREAS, a hearing was held on August 9" and 22nd, 2007, before Hearing Officer Joseph Wooley, at which the charged party appeared, and WHEREAS, pursuant to Civil Service Law §75, the Town Board is required to review the recommendations of the hearing officer in order to decide the case, and the Town Board is free to make new findings as to guilt or innocence, and to impose a discipline different from that recommended by the hearing officer, within the confines of the evidence, and WHEREAS, the burden of proving misconduct is on the person alleging the same, and WHEREAS, the Town Board has reviewed the record in this matter, including the transcripts of the hearing, the exhibits introduced into evidence at the hearing, and the Findings of Fact and Recommendation of the Hearing Officer, NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts the Hearing Officer's Finding of Fact and/or Recommendations relating to the charge of misconduct, and determines that the hearing officer's recommendation of the finding of guilt was based upon the substantial evidence in the record. .... BE IT FURTHER RESOLVED, that the Town Board having confirmed the Findings of Fact relating to guilt of the misconduct charge, the Town Board turns now to the penalty phase. Civil Service Law §75 provides for a range of penalties, including: a reprimand, a fine not to exceed $100 to be deducted from the salary or wages of the employee, suspension without pay for a period not exceeding two months, demotion in grade and title, or dismissal from service. That section also provides that the time during which an employee is suspended without pay may be considered as part of the penalty. In reviewing the penalty, the Board is mindful that it has no obligation to follow the recommendation of the hearing officer, and could impose a penalty within the range allowed by the statute, as set forth above. However, based upon the record, the Board concludes that the penalty of dismissal from service, effective immediately, is the appropriate sanction and adopts the hearing officer's penalty recommendation for the reasons set forth within his Recommendation. BE IT FURTHER RESOLVED, that the Board hereby directs the Town Supervisor or his designee to take whatever steps are necessary to inform Ms. Paustian of this determination and to file the necessary documents with Dutchess County Department of Civil Service. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-250 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter ❑ . ❑ ❑ 0 ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator Z❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 26th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 8 Printed 1113012007 Regular Meeting Minutes November 26, 2007 VII. New Business Councilman Beale New Business Councilman Beale had been contacted by a resident of Marlorville Road about chickens that are running rampant. He asked if the Town has legislation that would cover this issue. George Kolb, Director of Code Enforcement, replied that there is legislation for this matter. The problem is that the specific issue predates the Town Zoning. The owners have documentation going back 30 years for the chickens. There are measures to address this issue today, but the Marlorville Road issue predates those measures. Councilwoman McCarthy asked if the resident has been approached about the matter. Mr. Kolb answered that they have. That is when the documentation was provided. David Stolman, Town Planner, read portions of the Town Code that would apply for the same issue today. Mr. Kolb recommended looking into expanding the scope of the Dog Warden to cover other animals. Discussion followed. Councilman Bettina New Business Councilman Bettina noted that he wants the Town Planner, David Stolman, to prepare a Resolution implementing a dog park. He pointed out that the Towns of Fishkill and LaGrange have such parks. He would like the Resolution for the next Town Board Meeting. Councilman Bettina also had a resident of the First Ward complaining about street lights that are flickering near the intersection of Route 9D and Franklindale Avenue. Graham Foster, Town Highway Superintendent, noted that the Town can call Central Hudson with the pole number and make a report. Councilman Beale will get that information. Councilman Bettina asked the Town Comptroller, Jean Gallucci, about an internal audit. Mrs. Gallucci asked if the Councilman was talking about "the AUD". She noted that "the AUD" had been filed in April. Councilwoman McCarthy New Business Councilwoman McCarthy mentioned a house on Rowell Lane that is unsightly. She noted that someone from the Department of Code Enforcement has been out to the house. George Kolb, Director of Code Enforcement, confirmed. Councilwoman McCarthy went on to say that the property between the house in questions and the property of the resident that is complaining looks like a garbage site. Mr. Kolb will have a report on this to the Councilwoman later in the week. Councilwoman McCarthy then asked for an update on the Schnabl Court Street light. VIII. Adjournment Motion To: adjourn at 9:01 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: AYES: ABSENT: Maureen McCarthy, Councilwoman William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni Joseph Ruggiero The Meeting Adjourned at 9:01 PM. u_ JJ , n C. Ma erson Town Clerk Town of Wappinger Page 9 Printed 1111012007