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2007-12-26 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 December 26`I', 2007 7:30 PM Agenda – SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:30 PM Meeting called to order on December 26t", 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. L Call to Order II. Recognition Ceremony – Pop Warner Cheerleaders III. Minutes Approval 1. Monday, November 26, 2007 2. Monday, December 10, 2007 3. Monday, December 17, 2007 IV. Correspondence Log 2007-263. Resolution Authorizing the Acceptance of the Correspondence Log V. Public Hearings 1. Rescission of Local Law Authorizing Conservation Subdivision for Lands Owned by Cranberry Hills, LLC VI. Discussions A. Master Plan - Obercreek – Alex Reese B. Dutchess County Sports Museuru Request C. Audit 2006 – Sedore and Company D. Carnfvath Capital Fund Year End 2007 VII. Resolutions 2007-251. Resolution Adopting Local Law No. —of 2007 Re: Amendment to the Town's Zoning Map Regarding a Portion of the Property In the Wappinger Farm Estates Subdivision 2007-264. Adopting Resolution Rescission of Local Law Authorizing Conservation Subdivision for Lands Owned by Cranberry Hills, LLC 2007-265. Resolution Authorizing Application to the New York State Office of Children Services and Family Services for Grant 2007-266. Resolution Authorizing the Carry Over of Vacation Time 2007-267. Resolution Authorizing a Waiver of 30 -Day Hold Rights for Howling Dog Bar and Eatery Liquor License 2007-268. Resolution Appointing Board of Assessment Review Member 2007-269. Resolution Authorizing Budget Amendments VIII. New Business IX. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Chris Masterson 845-297-5771 Wednesday, December 26th, 2007 7:30 PM Town Hall I. Call to Order Supervisor Ruggiero called the Meeting to Order at 7:35 PM. Attendee Name Organization Title Status Arrived Joseph Ruggiero Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Absent Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Supervisor Ruggiero Statement Supervisor Ruggiero noted for the record that Councilman Bettina called in to inform the Board that he would not be in attendance as he is sick with the flu. Supervisor Ruggiero then thanked all present for coming out for his last meeting as Town Supervisor. He stated that it has been his pleasure to serve the Town of Wappinger for the past 14 years. He went on to say that it has been an honor to serve all of his colleagues, the Town Board, the Town's professional staff, the Town employees and the residents of Wappinger. Recognition Ceremony — Pop Warner Cheerleaders Supervisor Ruggiero opened the Recognition Ceremony for the Pop Warner Cheerleaders at 7:37 PM. He stated that there were two teams that went on to attain high honors in their divisions. The Pee Wee Division went on to win 1st Place at the Mid Hudson Level, Second Place at the State Level and then represented the area at the Regional Level in New Jersey. Supervisor Ruggiero and the Board presented the cheerleaders that were present with a certificate of recognition. They were Courtney Delaney, Adriana DeSantola, Marissa DiPalma, Karsen Ehrenreich, Jenna Krumholtz, Jennifer Lupo, Gabi Mei, Grace Mei, Krysta MacIssac, Sarah Olsen, Jacqui Pascucci, Sabrina Polini, Rita Rogan, Courtney Teft and Jordan Wojciekofsky. The Recognition Ceremony was closed at 7:43 PM. III. Minutes Approval Motion To: accept Minutes of 11-26-07, 12-10-07 and 12-17-07 and place them on file RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Monday, November 26"i, 2007 ✓ Vote Record - Acceptance of Minutes for November 26, 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 ❑ ❑ ❑ Monday, December 10th, 2007 ✓ Vote Record - Acceptance of Minutes for December 10, 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 ❑ ❑ ❑ Town of Wappinger Page l Printed 1/11/2008 Regular Meeting Minutes December 26, 2007 Monday, December 17th, 2007 ✓ Vote Record - Acceptance of Minutes for December 17 2007 7:00 PM Yes/Aye No/Nay Abstain Absent Abstain Joseph Ruggiero Voter 0 ❑ 11 B Accepted WilliaBeale m Seconder 0 ❑ El❑ Seconder ❑ Accepted as Amended Vincent Bettina Voter El ❑ El ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ Maureen McCarthy Joseph Paoloni Voter 21 ❑ ❑ ❑ IV. Correspondence Log RESOLUTION: 2007-263 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 -2007-263 Yes/Aye No/Nay Abstain Absent d Adopted Joseph Ruggiero Voter ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator D ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York December 26th, 2007 The Resolution is hereby duly declared adopted. V. Public Hearings Rescission of Local Law Authorizing Conservation Subdivision for Lands Owned by MO.. Cranberry Hills, LLC Supervisor Ruggiero opened the Public Hearing at 7:37 PM. Town Clerk Chris Masterson offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Ruggiero had Al Roberts, Town Attorney, explain the Local Law for the benefit of the audience. He then opened the floor to public comment. The first resident, Elva Gurtirl, asked the Board what would be the benefits of rescinding the Cranberry Hills Local Law. She noted that her main concerns were the wells and the traffic. Supervisor Ruggiero explained that since Cranberry Hills, LLC has not met the conditions and has not received final approvals, the Local Law will expire. This will allow the new Town Board to work in a direction that is consistent with the Town's Master Plan. The next resident, Sue Carrigan, asked the Board if the same stipulations would remain in effect for the surrounding areas of the subdivision in order to eliminate any flooding problems. Supervisor Ruggiero replied that all subdivision design criteria would be applicable. Ms. Carrigan also asked when the Local I:.aw would expire. Supervisor Ruggiero gave a brief time- line of deadlines that Cranberry Hills Subdivision needed to follow. Next to address the Board was Mr. Richard L. O'Rourke, on behalf of the property owners of Cranberry Hills LLC. He was joined by Mr. Alan Raylesberg, of the Law Finn of Chadbourne and Parke LLP. He stated that Cranberry strongly opposes the adoption of this Local Law as it seeks to stop an already approved project even thought the developer has met all maw the conditions and the project is ready to move forward. He continued on to say that Cranberry has paid millions of Dollars to Town Consultants to develop this property as a "Conservation Cluster Subdivision". He stated that their opposition to this Local Law is comprised of two reasons with the first being that this legislation is bad for the Town since this project provides open space, state of the art housing, walking and hiking trails, etc. The applicants will be paying over $1.1 Million into the Town's Recreation Fund and have already paid $275,000. Secondly, should the legislation be passed, it leaves them with no alternative other than to begin litigation against the Town. Mr. O'Rourke continued to speak about the benefits of the proposed development and terms that were previously negotiated with the Town. Mr. O'Rourke read Local Law #14 of 2002 along with this proposed Local Law. He commented that there is Town of Wappinger Page 2 Printed 1// 112008 Regular Meeting Minutes December 26, 2007 nothing in the proposed Master Plan that seems inconsistent with the Local Law adopted in 2002, that the Town now wants to rescind. Ile further states that he is aware of the positions on the Board, but believes that the significant benefits to the Town, Taxpayers and also business owners in the town would benefit tremendously and the Board should take these factors into consideration just as they did when they approved the Local Law #14 of 2002. Mr. Alan Raylesberg, then addressed the Board and those in attendance on the impact of this proposed legislation. He states that it seeks to take the approval of the project away from Cranberry. It seeks to change the approval that was approved with this Master Plan already in place. He connnnented that it is unfair to change the ground rules in the middle of the holiday season and five days before a new Town Supervisor takes office and new Town Board gets constituted. He feels that it is inappropriate to burden this new board. He asked for a postponement of this proposed Local Law, given the year end pressures of tile developer and its counselors so that proper consideration can be given in order to prepare opposition to this legislation. Mr. Raylesberg maintains that all conditions have been met and they are now just awaiting a permit from the Army Corps of Engineers. To delay this project will result in a great cost to the developer and the town. As a result of this permit not being issued, the Planning Board did not sign the plot on December 7"', 2007. Mr. Raylesberg pointed out that the timing of this proposed legislation is troublesome. In his opinion, approval from the Corps of Engineers is not one of the conditions that needed to be met in order to move forward. He does however acknowledge that construction will not begin until that pennit is granted. He asked the "Town Board if they had received the most recent letter from Fish and Wildlife. Ile concluded that Cranberry Hills LLC is prepared to take any legal steps to protect its legal rights. He asks that the Board vote against this legislation or alternatively delay it until the new administration is in place. He also formally requests that the developer of Cranberry be given two weeks to provide a written submission to the town. Supervisor Ruggiero asked Mr. Roberts for the reasons why the Planning Board Chairman refused to sign the plat authorizing Cranberry to proceed. Mr. Roberts replied that there were comments made by the Town Engineer, Jay Paggi, in the December 12t1' Planning Board Resolution that noted that, if all approvals and permits are in place, then the site layout would not be altered. With the Arny Corps of Engineers permit not being approved, the Board could not be assured that the site plan would not have to be changed. A site plan change would require a resubmission. Mr. Paggi was then asked to summarize what was discussed during a conference call with the Army Corps of Engineers. Mr. Paggi spoke with Mr. Cannon and asked if the outcome of the study regarding the Indiana Bats could potentially change the layouts of roads, lots or house construction areas on the plat as presented. The Army Corps of Engineers stated that that was a possibility. That would therefore require further approval and a Public Hearing. Supervisor Ruggiero asked the Town Attorney if he felt that the Chairman of the Planning Board was justified in his actions of not signing the plat. Mr. Roberts replied that he was. Supervisor Ruggiero asked if there were any further comments from the floor. Mr. Victor Fanuele stated that this project began about 34 years ago. Since it has taken this long, perhaps it means it should not be developed. He noted that every time a project goes in, the school taxes go up, the school population goes up and Route 9 becomes a parking lot. He asked the Board to rrnake the decision tonight and not approve the request for a two week extension. The next resident to speak, Peter Clausen, brought up a letter he received fi•om the DEC. He spoke about endangered species such as the Spotted Turtle. Resident Susan Carrigan of Robert Lane commented to the Board on having representatives from Cornell University in her backyard to study the migratory patterns of the birds and some odd species that may or may not be facing extinction. She stated that many people on Robert Lane did receive the letter from the DEC and did respond. Councilman Paoloni asked that the Town Attorney explain the deadline process for the benefit of the audience. Mr. Roberts explained that a conditional Resolution of Subdivision Approval is valid for 180 days from the date of the adoption of resolution. Within those 180 days, the applicant must comply or fulfill all of tine conditions within the resolution. hl addition vow to the 180 days, the property owner is entitled to two 90 day extensions, which were granted by the Planning Board. That would be a total of 360 days from the December 12`1', 2006 adoption date. The official deadline would then be December 7t", 2007. Mr. Roberts then went on to state that it was a surprise to the town that they were unable to get the permit from the Army Corps of Engineers. He believes that this issue should have been addressed years ago with their first application in 2004. Councilwoman McCarthy spoke to the audience about her position on the Cranberry hills Subdivision. She pointed out that the land Cranberry plans to donate to tine School District is mostly wetlands and tine donation of this land is appreciated it but will not be usable. She also connrnented that the impact to traffic will be horrendous. The water problems created by paving Torn of Wappinger Page 3 Printed 1//1/2008 Regular Meeting Minutes December 26, 2007 are also a concern. She maintains her position as representative for her Ward and noted that she will be voting to rescind this local law. Mr. O'Rourke addressed the board and discussed the letter from Fish and Wildlife. Mr. Raylesberg commented on the issue of whether it is fair to change the rules so late in the project. fie again requested the two week extension and consideration from the Board. Supervisor Ruggiero stated that he has been on the Town Board for many years. Fie su nmarized the history of changes to the Cranberry Plan as well as the Master Plan throughout his tenure. He believes it is now time for town to have the opportunity to revisit this large plan. The next resident to speak, Val Dalbro, stated that the board consists of representatives of the town residents. He encouraged them to vote as they would without any reservations and the citizens will support them. The next resident, Terrie Bridgman, addressed the board on the changes in Wappinger over the years, such as classroom population and traffic. She asked the Board to consider these changes as they vote. Councilman Beale asked what the current zoning for Cranberry Hills is. Mr. Roberts answered that it is R20. He commented that he is confused relevant to the principle of this issue. In 2002, the conservation cluster subdivision initiative was promoted and endorsed. In Master Plan meetings, conservation clustering is considered a good thing. He questioned why this is now being spun as a negative way to develop. He also discussed the issue of recreation fees anticipated from each lot of this subdivision. These fees would be used towards certain recreation projects. Councilman Beale stated it is unfair to rush to rescind this local law which will result in extensive litigation. Although he does not support irresponsible development, he feels that residents of the portion of the Town that he represents will be affected by millions of dollars in litigation. Peter Clausen again asked to address the Board. He noted that Supervisor Ruggiero represents the entire town, not just one Ward. With no further comments, Councilwoman McCarthy moved to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. The Public Hearing closed at 8:46 PM, RESULT: CLOSED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman Now AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Tows: of Wappinger Page 4 Printed 1/11/2008 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW WHICH WILL RESCIND LOCAL LAW NO. 14 OF THE YEAR 2002, WHICH AUTHORIZED THE PLANNING BOARD TO PERMIT A "" CONSERVATION (CLUSTER) SUBDIVISION FOR LANDS OWNED BY CRANBERRY HILLS, LLC. 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 December 12th , 2007, your deponent posted a copy of the attached Notice of Public Hearing on the Local Law which will rescind "Local Law No. 14 of the Year 2002, which authorized the Planning Board to permit a Conservation (Cluster) Subdivision for Lands owned by Cranberry Hills, LLC", 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. Sworn to before me the 12th day of December, 2007 NOTARY PUBLIC DENISE MACIO 01 MA6168116 Notary N.ihlic State of New York Qualified in Dutchess County Commission Expires 6 / 4 / 20] ohn C. M sterson Town Clerk Town of Wappinger SOUTHERN DIJTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPOTN(_ER FALLS., N`r' 125",10 On't f -F i cf aE -1 -t c? -F FD' L -.t L> 1 i c -t i. cs rt To, WAPPIP,.IGERS FALLS, TCrWN WAPPINGERS FALLS, NY 12590 Re: Legal noti.c:e #79887 State of NEW YORK } SS. CoUrt/' of DUTCHESS f I , PHI LL I S JUTT , be i nq duly sworn,, (depose avid say. . that I am the PUBLISHER of Sot_.rttler n Dut.chess News, a weekl,r newspaper of c7ena7"a.l. c irc�u.lation published in WAPPINGERS FAL_L.S, C.oUVItY of DUTCHESS „ State, of NEW YORK; arIcJ that a not.i.ce, of vihich the annexed is a pr i. nted cop> ; �a� duly puflishe_. i.n Southern Dutchess News orrce on 1"2/26.,/()x" . Saturn to before me this 26th day of December, 2007 ALBERT P,l OSTEN Notaru Public, State of NFW YORK No, 14-8240760 is ua.li f ied in OUJCHESS Count,/, ftcommission expires on Ma:,-, 16„ 2011 RECEIVE® DEC 2 8 2007 TOWN CLERK Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York RECEIVED County of Dutchess DFC 1 ? 2007 City of Poughkeepsie TOWN CLERK Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper printed and published every day in the year 2007 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice wad duly ion published in the said newspaper for one inseYweeks successively, in each week, commencing on the 12th day of Dec. in the year of 2007 and on the following dates thereafter, namely on: and ending on the day of in the y ar of ;2007 both days inclusive. Subscribed and swor to before me this �� y of L - in the year of 2007 MAUREEN CI@SLUR Notary Public NOTARY PUBLIC, STATE OF NEW YORK . r NO. 0!Y ,%ff ssion expires QUALIFIED IN DUTCHESS COUNTY COMMISSION EXPIRES OCTOBER 14, 200 Regular Meeting Minutes December 26, 2007 Motion To: move Resolution 2007-264 up in the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina VI. Resolutions RESOLUTION: 2007-264 wmmw Adopting Resolution Rescission of Local Law Authorizing Conservation Subdivision for Lands Owned by Cranberry Hills, LLC WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2007, Rescinding Local Law No. 14 of the Year 2002, Authorization to Planning Board to Pen -nit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of the Town; and WHEREAS, the Public Hearing was held on December 26t", 2007, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board has caused the preparation of an EAF; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. 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 has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR and Section 117 of the Code of the Town of Wappinger and hereby determines that the intended action, to wit, the adoption of the referenced Local Law, will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DECLARATION OF SIGNIFICANCE for this action and directs the filing of the EAF as required by law. 3. The Town Board of the Town of Wappinger hereby adopts Local Law No. 17 of the Year 2007 entitled "Local Law No. 17 of the Year 2007, Rescinding Local Law No. 14 of the Year 2002, Authorization to Planning Board to Pen -nit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC," a copy of which is attached hereto and made part of this Resolution. 4. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York, as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-264 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ 11 ❑ Adopted as Amended William Beale Voter ❑ 0 11 ❑ Defeated Vincent Bettina Voter ❑ ❑ El 0 ❑ Tabled Maureen McCarthy Seconder Rl ❑ ❑ ❑ El Withdrawn Jose h Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 26th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 5 Printed 1/1112008 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County Cl City of Wappinger 1M Town ❑ Village Local Law No. 17 of the year 20 07 A local law entitled, "Local Law No. 17 of the Year 2007, Rescinding Local Law No. 14 of the Year ()nsert Title) 2002, Authorization to Planning Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC." Be it enacted by the TOWN BOARD of the Name o Legi�Body ❑ County ❑ City of WAPPINGER V Town as follows: ❑ Village (TEXT TO COMMENCE ON NEXT PAGE) (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 05/05) Page 1 of 3 LOCAL LAW # 17 OF THE YEAR 2007 TOWN OF WAPPINGER A Local Law entitled "Local Law No. 17 of the Year 2007, Rescinding Local Law No. 14 of the Year 2002, Authorization to Planning Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title. This Local Law shall be known and cited as "Local Law No. 17 of the Year 2007,Rescinding Local Law No. 14 of the Year 2002, Authorization to Planning Board to Pen -nit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC." Section II: Legislative Intent. Pursuant to Local Law No. 14 of the Year 2002, the Town Board authorized the Planning Board to permit a Conservation Subdivision on a 322.67 acre tract of land owned by Cranberry Hills, LLC. Specifically, the Local Law authorized the Planning Board to modify various provisions of the Town of Wappinger Zoning Code with respect to lot area and dimensions so as to permit a 232 lot Conservation Subdivision on lands owned by Cranberry Hills, LLC, now identified as ..r Tax Grid No. 135689- 6158-04-951382 on the Town of Wappinger Tax Assessment Map, subject to and conditioned upon certain conditions set forth in Section III of Local Law No. 14 of the Year 2002. In addition, the Local Law also authorized a revision to the Town of Wappinger Zoning Map to identify the subject 322.67 acre parcel as a Conservation Subdivision pursuant to Section 278 of the Town Law. This Local Law will also rescind the authorization of such amendment to the Zoning Map. -1- The Town Board has detennined that the Conservation (Cluster) Subdivision as authorized by Local Law No. 14 of 2002 is no longer consistent with the long range land use plans of the Town and is not in the best interest of the residents of the Town of Wappinger. By rescinding Local Law No. 14 of 2002, the Town Board deems that any application for a future Conservation (Cluster) Subdivision should be subject to review and approval of the sitting Town Board at the WWW time such application is made. Section III: Rescission. Local Law No. 14 of the Year 2002, entitled "Authorization to Planning Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC," is hereby rescinded in its entirety. Section IV: Numberina for Codification. It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to '`Chapter", "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section V: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this -1)- Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable, had been specifically exempt therefrom. Section VI: Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law, or, upon the expiration of the Resolution of Final Subdivision Plat Approval for the Cranberry Hills Subdivision adopted by the Town of Wappinger Planning Board on December 12th, 2006, whichever date is later. -3- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No the (E&ff4)(ERt )(Town)OMKY0t�) of WAPPINGER Town Board on December 26 (Name of Legislative Body) provisions of law. 17 of 20 07 of was duly passed by the 20 07 in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of r... the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 20 in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No the (County)(City)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the on (Elective Chief Executive Officer*) and was deemed duly adopted of 20 of was duly passed by the 20 -and was (approved)( not approved) on 20 Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 - in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of . the (Co unty)(City)(Town)(Village) of (Name of Legislative Body) was duly passed by the on 20 and was (approved)(not approved) (repassed after disapproval) by the on �0 _ (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 in accordance with the applicable provisions of law. Such local * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS -239 (Rev. 05/05) Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law and was finally adopted in the manner indicated in paragraph 1 above. Clerthe county e islative body, City, Town or Village Clerk or officer signated by 1cal legislative body (Seal) Date: ) Z1 / 28 10'] (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF DUTCHESS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. .ice - pf Signature Albert P. Roberts, Attorney to the Town Title xof Wappinger Town X'X%N& Date: DOS -239 (Rev. 05/05) Page 3 of 3 Regular Meeting Minutes December 26, 2007 VII. Discussions A. Master Plan - Obercreek — Alex Reese Supervisor Ruggiero opened the discussion at 8:51 PM. Owner of Obercreek, Alex Reese, began his presentation on the proposed development plan and explained how this relates to the current Master Plan. He summarized the history, attributes and location of the property. The zoning is a mixture of R20 and R80. He would like to move the density to one area that is close to the Village of Wappingers Falls where there is existing sewer. The plan calls for a shift of an area of density to an area close to the Village of Wappingers Falls and upzoning the remaining property to 3 acre and 5 acre lots. He believes that these efforts will help to reinforce the Hamlet of Hughsonville, while still creating conservation areas. Supervisor Ruggiero asked Mr. Reese to get to the heart of the issue. Mr. Reese explained that existing zoning allowed about 143 units on the property. He would like to shift the density to one area. There would be 26 units on the rest of the property, 13 of which are new and 13 are existing units. Mr. Reese proposes that he would appreciate the Board moving in the direction of approving the re -zone request and tabling a decision on the remaining land and Hamlet. He added that he has a farm ready to move into the property. Supervisor Ruggiero spoke about the benefits of this in terms of protecting the view shed on New Hamburg Road and the potential to bring water to the Tall Trees area of Wappinger. He asked what type of density Mr. Reese was looking for in the Hamlet and whether it is still economically feasible to bring water to Tall Trees. Mr. Reese answered that he began with 30 units and that wouldn't cover the costs. He then considered 50 units. He has not reached a conclusion, but asked that the Town move forward with the plan and address the rest at another time. Jennifer VanTuyl spoke on behalf of Mr. Reese and stated that the idea of reinforcing the hamlet did not come from Mr. Reese. It was originally the Town's idea to establish sound edges around the Hamlet of Hughsonville, as well as Chelsea. Tests indicate that the land on Obercreek has an excess of water on the land that can be shared with the other areas of the Town. Supervisor Ruggiero stated that the plans for Obercreek are in the Draft Master Plan and he will hand it over to his successor. The Town Attorney, Al Roberts, stated that, if there are amendments to the original plan, he would suggest that you include it in the plan along with the supporting data as to how the development of Obercreek will be implemented. Supervisor Ruggiero asked if the density is changed, would that affect the Comprehensive Plan. Al Roberts asked for the Town Engineer, Jay Paggi, to explain the technical difficulties with regard to the hamlet portion of the plan. The difficulties include sewer, water and traffic issues, along with financial issues on the applicant's part. He then stated that, given those uncertainties, this part should be removed from the Master plan if the Board wishes to move ahead. Councilwoman McCarthy stated that this was not what was discussed at the last workshop and if there is a shift of density then the portion that would remain in the plan would have to be changed. Mr. Reese added his input to explain the shift in density. Discussion followed. Supervisor Ruggiero asked Mr. Roberts whether the changes being discussed would require a Public Hearing. Supervisor Ruggiero also asked the representative on behalf of the Town Planner, Melissa Baine. Mr. Roberts believes it would need a Public Hearing because it is a change. Supervisor Ruggiero asked for questions. Councilman Paoloni asked what the technical difficulties were in building the 143 units. Jay Paggi stated that there were technical difficulties that must be met associated with the "as of right". Mr. Paggi explained that he was referring to specific roadblocks encountered in the Hamlet proposal. Councilman Paoloni asked if the condensing of certain areas, while leaving other areas wide open, would alter the probability of achieving a certain number of lots. For example, would developing under the current zoning only show a 50% probability of a certain number of lots while pennitting the rezone would result in a 100% probability of another number of lots. Mr. Paggi answered that there is not sufficient data to answer that question. Mr. Paoloni pointed out that it is flawed to assume a developer would be able to develop the full amount of lots "as of right", given the technical difficulties. Discussion followed. Councilman Paoloni again noted that he would like all of the data points before making a decision. Councilman Beale commented that the Board is only at a conceptual stage and is thinking to deeply about the issue. The Town has an opportunity to redefine the character of the Hughsonville Hamlet. He stated that one of the main goals of the Master Plan is to develop the hamlets of Wappinger into village centers. As a resident of Hughsonville, he believes this plan represents the flavor of the Master Plan and the Board should be pro -active and move ahead with this plan. Councilman Paoloni stated that the Board is glossing over certain information and embracing other information. These plans come with a cost and all factors and information must be taken into account. Torn of Wappinger Page 6 Printed ///l/2008 Regular Meeting Minutes December 26, 2007 B. C. W Supervisor Ruggiero clarified the legislative process with regard to amending the Master Plan. He added that the Town Planner will need direction in terms of any changes in order to get this process moving. Councilman Paoloni asked why it is significant that the Board allow this applicant to bypass the proper Zoning process when any other applicant would have to go through the process. Supervisor Ruggiero answered that this property owner is willing to impose restrictions on future owners, making the property less valuable. Councilman Paoloni asked if that couldn't happen through the Zoning process. Supervisor Ruggiero replied that it couldn't. Future Town Board's could come in and wipe out the Zoning map. If there are deed restrictions, it won't matter what the Zoning ordinance says. Councilman Paoloni noted that the owner could put those restrictions on through the normal process. Supervisor Ruggiero and Ms. VanTuyl answered that the Board could zone property however it likes, but it does not have the power to compel a landowner to impose conservation easements. Councilman Paoloni asked again if this applicant could impose the restriction on his property through the Zoning process. Ms. VanTuyl replied that he could not be compelled to impose the restrictions. Councilman Paoloni clarified his point that Mr. Reese could voluntarily impose the same restrictions on his property through the normal Zoning process. Supervisor Ruggiero replied that he could without Town government. Councilman Paoloni then asked what the benefit of doing this through the Comprehensive Plan was then. Mr. Reese answered that the Master Plan would say that the Town has a vision of this property. The project would then proceed through the Zoning process. Supervisor Ruggiero discussed the Master Plan and Zoning process. Discussion followed. Councilman Beale noted that the next Master Plan meeting would not take place until 2008. He reinforced his belief in being pro -active in an area of the Town that is in need of change. With no further comments, Supervisor Ruggiero closed the discussion at 10:00 PM. Dutchess County Sports Museum Request Supervisor Ruggiero opened the discussion at 10:00 PM. He read a memo from the Dutchess County Sports Museum requesting additional space for a concession stand. A representative from the museum was not present for comments. No specific financial details were in the request. Supervisor Ruggiero asked for a motion to table this discussion until the New Year. Councilman Beale made the motion. The motion was seconded by Councilwoman McCarthy and passed unanimously. The discussion closed at 10:01 PM. Motion To: table the Sports Museum topic until 2008 RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] William Beale, Councilman Maureen McCarthy, Councilwoman Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni Vincent Bettina Audit 2006 - Sedore and Company Supervisor Ruggiero opened the discussion at 10:01 PM. Ms. Hannigan, of Sedore and Company, gave a brief overview of the Town of Wappinger Audit for 2006. The Board received copies of the findings and the financial statements for 2006. She reported that the financial reports were presented fairly. Supervisor Ruggiero asked if there were any questions for Ms. Hannigan. There were none. The discussion closed at 10:04 PM. Carnwath Capital Fund Year End 2007 Supervisor Ruggiero opened the discussion at 10:04 PM. Jean Gallucci, Town Comptroller, discussed the Carnwath Capital Fund for the Year End. She presented each member of the Board with a copy of the report and discussed the Carnwath Farms Projects. She broke the report down into individual projects; however, she was more familiar with the emergency repairs starting in February 2007. Supervisor Ruggiero went on to summarize the larger amounts and the repairs that were completed and reflected in the report. Supervisor Ruggiero asked the Board if there were any questions. There were none. Ms. Gallucci proceeded to explain Resolution 2007-269, which is a Resolution calling for Budget amendments. The discussion closed at 10:08 PM. Town of Wappinger Page 7 Printed 1/11/2008 Regular Meeting Minutes December 26, 2007 VIII. Resolutions Motion To: untable Resolution 2007-251 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina RESOLUTION: 2007-251 Resolution Adopting Local Law No.18 of 2007 Re: Amendment to the Town's Zoning Map Regarding a Portion of the Property In the Wappinger Farm Estates Subdivision WHEREAS, the Town Board of the Town of Wappinger is entertaining the amendment of the Town's Zoning Map regarding a portion of the property in the Wappinger Fann Estates subdivision (the "Proposed Action"); and WHEREAS, the Planning Board of the Town of Wappinger has recommended in favor of granting the proposed rezoning; and WHEREAS, the Town of Wappinger Planning Board, as Lead Agency, has issued a Negative Declaration regarding the Proposed Action pursuant to Article 8 of the Envirornnental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions). NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 18 ..� of 2007; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-251 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder D ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York December 26th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 8 Printed 1/11/2008 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County City of WAPPINGER Town Village Local Law No. 18 of the year 20 07 A local law entitled "Local Law #18 of the Year 2007, Amending the Town's Zoning Map (Insert Title) Regarding a Portion of the Property in the Wappinger Farms Estates Subdivision." Be it enacted by the TOWN BOARD of the (Name of Legislative Body) ❑ County ❑ City of WAPPINGER V Town ❑ Village (TEXT COMMENCES ON NEXT PAGE) as follows: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 05/05) Page 1 of 3 LOCAL LAW # 18 OF THE YEAR 2007 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map Regarding a Portion of the Property in the Wappinger Farm Estates Subdivision from the Now R-40/80 1 -Family Residence District to the R-40 1 -Family Residence District." Section 2. Legislative Intent The Town Board has received a request from the owners of certain property located on Robinson Lane to re -zone a portion of the subject property from R-40/80 1 -Family Residence District to the R-40 1 -Family Residence District. The subject property is the lot described as 19-6459-03-110235 on the Town of Wappinger tax map. The property is adjacent to the Town of Wappinger Robinson Lane Recreation Field. The Town Board agreed to the proposed re -zoning subject to certain conditions which are set forth in a written agreement dated September 25, 2007 and executed by Boris Shtutman, on behalf of S & Z Development Corporation, the owners of the property. This local law is intended to implement the re -zoning in accordance with the aforementioned agreement. The re -zoning of this property is consistent with the Town's current Comprehensive Plan. Section 3. Changing the Zoning of a Portion of the Property in the Wappinger Farm Estates Subdivision �.• The zoning of the portion of the lot known as 19-6459-03-110235 on the Town of Wappinger tax map and described on Schedule A attached to this local law is hereby changed from the R-40/80 1 -Family Residence District to the R-40 1 -Family Residence District. Section 4. Amendment to the Zoning Map of the Town Code The Zoning Map of Chapter 240, Zoning, of the Town Code is hereby amended by changing the zoning district designation of the property described on Schedule A from the R-40/80 1 -Family Residence District to the R-40 1 -Family Residence District, as shown on the map attached hereto entitled "Wappinger Farm Estates Rezoning." DOS -239 (Rev. 11/99) Section 5. Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Attachments: Schedule A Map 2 SCHEDULE A As prepared by Spectra Engineering, Architecture and Surveying, P.C. and presented by Corbally, Gartland and Rappleyea, LLP, dated November 14, 2007: Metes and Bounds Descriptions of the Lands of Wappinger Farm Estates to be Rezoned from R-40/80 to R-40 by the Town Board of the Town of Wappinger. All that tract or parcel of land situate in the Town of Wappinger, County of Dutchess, and State of New York, bounded and described as follows: Beginning at a point on the easterly line of Robinson Lane located 285 feet northerly of the centerline intersection of Robinson Lane and Paulette Lane. Thence along said easterly line of Robinson Lane the following four (4) bearings and distances: 1) North 21°-15'-54" East 129.73 feet, 2) North 220-21'-48" East 118.65 feet, 3) North 160-19'-50" East 169.75 feet, 4) North 08°-20'00" East 688.70 feet, Thence along the southerly line of lands of Tartter as recorded in the Dutchess County Clerk's Office in Liber 1952, Page 219, South 28°-45'-50" East 436.15. Thence along the southerly line of lands of the Town of Wappinger as recorded in Liber 1066, Page 82, South 28°-36'-04 East 899.40 feet, and South 28°-00'-14 East 230.89 feet to a point in the southeasterly corner of proposed lot 9 in Wappinger Farm Estates. r Thence through Wappinger Farm Estates South 62°-00'-29" West 726.26 feet to a point in the south westerly corner of proposed lot 10 in said Wappinger Farm Estates, said point also located on the easterly line of lands now or formerly Wickinon (liber 1619, page 917) on file at the Dutchess County Clerk's Office as lot 22 on filed map number 4014. Thence continuing along the easterly line of lots 20 through22 of the aforementioned filed map number 4014 the following four (4) bearings and distances: 1) North 28°-25'-14" West 95.16 feet, 2) North 28°-25'-00" West 200.91 feet, 3) North 28°-00'-34" West 237.26 feet, 3 4) North 28°-55'-04" West 196.39 feet to the point of the beginning. Containing 804,418 Sq. Ft. = 18.47 acres of land. November 14, 2007 This survey description is for and describes the easterly section of the Lands of Wappinger Farm Estates (lands on the easterly side of Robinson Lane). Boris Shtutman, the property owner and applicant before the Town of Wappinger Planning Board, has applied to the Wappinger Town Board for a change of zoning from the current R-40/80 to R-40 for this section of Wappinger Farm Estates. This survey description is taken from a survey prepared by Spectra Engineering, Architecture and Surveying P.C., with the starting point of 285 feet taken from the existing deeds of the former owner, Robert Ingrassia, on file in the Office of the Dutchess County Clerk. This survey description does not include the westerly section of the Lands of Wappinger Farm Estates (lands on the westerly side of Robinson Lane), nor proposed lot 20, nor the lands of Wappinger Farm Estates to be dedicated to the Town of Wappinger for recreational purposes, as a re -zoning of the westerly section, the recreational lands, and said lot 20 is not being applied for. M ie:P:1Pmleas15001wappinger_.Comprehensrve_ Plan\GISlProduclionlpmjeclslSiieRevie slWappingerFar Eslales570.727ZoneChange.mxd G ( Dl Existing Zoning District Boundary ft-� Existing Zoning District Boundary to be Removed f aaccauce.acs.. Proposed Zoning District Boundary WAPPINGER FARM ESTATES REZONING FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Town of Wappinger, Dutchess County, NY Feet August 17, 2007 N 600 300 0 600 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of WAPPINGER TOWN BOARD on December 26 (Name of Legislative Body) provisions of law. 18 of 20 07 of was duly passed by the 20 07 in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(ViIIage) of was duly passed by the (Name of Legislative Body) (repassed after disapproval) by the on 20 and was (approved)(not approved) (Elective Chief Executive Officer*) on 20 in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted of 20 of was duly passed by the on 20 and was (approved)( not approved) (Elective Chief Executive Officer*) on 20 Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (specia►)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the was duly passed by the "' on 20 and was (approved)(not approved) (Elective Chief Executive Officer*) on 20 . Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS -239 (Rev. 05/05) Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 7 ,above. Qp'--O-th� Clerk he county le 'slative body, City, Town or Village Clerk or officer dbsignated by local legislative body (Seal) Date: Z IA I 0J (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF DUTCHESS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Albert P. Roberts, Attorney to the Town Title DOS -239 (Rev. 05/05) W" County CityofWAPPINGER Town Village Date: l2 Lovq� Page 3 of 3 Regular Meeting Minutes December 26, 2007 RESOLUTION: 2007-265 Resolution Authorizing Application to the New York State Office of Children Services and Family Services for Grant WHEREAS, the Town of Wappinger has submitted a grant application to the New York State Office of Children and Family Services (OCFS) for approval of the projects described in the Youth Development Delinquency Prevention, and WHEREAS, in submitting the application, it is agreed that: 1) The municipality will abide by OCFS as to the propriety of all expenditures upon which state aid is requested; 2) This project will be operated in compliance with the laws, rules, regulations, resolutions, and codes of the State of New York and pertinent political subdivisions; 3) No youth will be denied the services or facilities of this project because of race, creed, color, or sex; and 4) No fee will be charged for the programs supported by State funds. BE IT RESOLVED, that the Town Board of the Town of Wappinger herby authorizes that a grant application be made to the New York State Office of Children and Family Services (OCFS) for approval of the projects described in the Youth Development Delinquency Prevention Application on file with OCFS and the Dutchess County Youth Bureau. In submitting the application, it is agreed that: 1) The municipality will abide by OCFS as to the propriety of all expenditures upon which state aid is requested; 2) This project will be operated in compliance with the laws, rules, regulations, resolutions, and codes of the State of New York and pertinent political subdivisions; 3) No youth will be denied the services or facilities of this project because of race, creed, color, or sex; and 4) No fee will be charged for the programs supported by State funds. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-265 4 19 Dorothy Groark 5 20 Eileen Manning 4 19 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter RI ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 9 ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York December 26t", 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-266 Resolution Authorizing the Carry Over of Vacation Time WHEREAS, the Town of Wappinger personnel manual states that 15 unused vacation days can be carried over to the following year by any non-union employee, and WHEREAS, due to the demands of their jobs, two employees have not used all of their vacation time in excess of the 15 authorized carry over days, and WHEREAS, the employees have made the following requests: Employee Excess Days Total Carryover Days Debra Brown 2 17 Loretta Brunello 4 19 Dorothy Groark 5 20 Eileen Manning 4 19 Patricia Maupin 3.36 18.36 Susan Randall 3 18 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 following vacation carry over time is hereby authorized for the following employees: Town of Wappinger Page 9 Printed 1/1112008 ..,W Regular Meeting Minutes December 26, 2007 Employee Excess Days Total Carryover Days Debra Brown 2 17 Loretta Brunello 4 19 Dorothy Groark 5 20 Eileen Manning 4 19 Patricia Maupin 3.36 18.36 Susan Randall 3 18 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-266 Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Joseph Paoloni Voter 0 ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 26th 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-267 Resolution Authorizing a Waiver of 30 -Day Hold Rights for Howling Dog Bar and Eatery Liquor License WHEREAS, the current Applebee's site has been licensed for on -premise beer, wine, and liquor since at least 1992: and WHEREAS, Howling Dog Bar and Eatery is filing an application with the State Liquor Authority to allow for on premise beer, wine, and liquor under the laws of the aforesaid state agency; and WHEREAS, Howling Dog Bar and Eatery has requested that the Town of Wappinger waive its right to a 30 day hold on their application. 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 of Wappinger hereby waives its rights to a 30 -day hold on the Howling Dog Bar and Eatery Liquor License Application. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-267 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 26th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-268 Resolution Appointing Board of Assessment Review Member WHEREAS, Joseph Perillo's term expired September 2007, on the Board of Assessment Review, and WHEREAS, the Town of Wappinger Town Board wishes to re -appoint Joseph Perillo to the Town of Wappinger Board of Assessment Review THEREFORE, BE IT RESOLVED, that the Town of Wappinger Town Board hereby re -appoints Joseph Perillo to the Town of Wappinger Board of Assessment Review for a five year term. Town of Wappinger Page 10 Printed 1/11/2008 Regular Meeting Minutes December 26, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-268 A510 Estimated Revenues $53,298.00 Increase A 1090 Int/Penalty Real Prop Tax 50,000.00 Increase A2401 Interest and Earnings 3,298.00 Increase Yes/Aye No/Nay Abstain Absent 15,000.00 Adopted Joseph Ruggiero Voter 0 El ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 11 ❑ D ❑ Tabled Maureen McCarthy Initiator D ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 2 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 26th 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-269 Resolution Authorizing Budget Amendments WHEREAS, the Comptroller to the Town of Wappinger, Jean Gallucci, has recommended certain budget transfers hereby amending the Town budget as set forth in a letter from Jean Gallucci, and WHEREAS, the budget amendments are as follows: Increase A510 Estimated Revenues $7,490.00 Increase A5031 Interfund Transfer 7,490.00 Increase A960 Appropriations $7,490.00 Increase A7110.200 Parks -Fencing 4,370.00 DiPiet Fence Co. Castle Point -$3,150 DiPiet Fence Co. Robinson Lane -$1,220 Increase A7110.401 Parks -Robinson Lane 3,120.00 Bracaden Construction -dugout @ Rob La To modify the 2007 adopted budget to record the transfer of Parkland Funds into the General Fund for park improvements. Increase A510 Estimated Revenues $400.00 Increase A3060 Records Management Grant 400.00 Increase A960 Appropriations $400.00 Increase A1410.410 Records Mgt. Supplies 400.00 To modify the 2007 adopted budget to reflect receipt of Records Management Grant revenue. Increase A510 Estimated Revenues $53,298.00 Increase A 1090 Int/Penalty Real Prop Tax 50,000.00 Increase A2401 Interest and Earnings 3,298.00 Increase A960 Appropriations $53,298.00 Increase Al 110.405 Justice -Security 15,000.00 Increase A1320.400 Indep. Audit/C.E. 13,740.00 Increase A1620.400 Central Hudson 10,558.00 Increase A1680.400 Central Data/C.E. 14,000.00 To modify the 2007 adopted budget increasing appropriations with unanticipated revenue. Increase B510 Estimated Revenues $300,000.00 Increase B5730 Bond Anticipation Note 300,000.00 Increase B960 Appropriations $300,000.00 Increase B1930.400 Judgements & Claims 300,000.00 To modify the 2007 adopted budget to record Board authorization to pay judgements and claims from bond proceeds. Town of Wappinger Page 11 Printed 1/11/2008 Regular Meeting Minutes December 26, 2007 Increase B599 Appropriated Fund Balance $135,000.00 Increase B960 Appropriations $135,000.00 B 1420.400 Attorney $135,000.00 To record an increase in appropriations to be financed from appropriation of additional fund balance as a result of the Absolute lawsuit. General (A) Fund Increase: Al 110.104 Clerk to Justice $5000.00 Al 110.199 Justice Court -Comp Time $500.00 Al 110.406 Interpreters $300.00 A1110.407 Computer Services $150.00 A1110.408 Justice -Supplies $1,500.00 A1220.401 Supervisor-Misc. $2,000.00 A 1220.404 Supervisor -Telephone $900.00 A 1220.405 Supervisor -Postage $3,000.00 A1315.199 Comptroller -Comp. Time $4,000.00 A1315.402 Compt.-Office Supplies $2,200.00 A1315.405 Comptroller -Paychex $9,000.00 A]330.199 Tax -Comp. Time $700.00 A1330.400 Tax Collection/C.E. $2,000.00 A1330.401 Tax -Postage $5,405.00 A1355.100 Assessor $7,500.00 A1355.101 Deputy Assessor $5,000.00 A1355.199 Assessor -Comp Time $700.00 A1355.401 Assessor -Lease Copier $1,204.00 A1355.402 Assessor -Office Supplies $300.00 A1410.402 Town Clerk -Supplies $3,000.00 A1410.405 Town Clerk-Dues/Train $80.00 A1420.400 Attorney $30,800.00 A1420.450 Fiscal Advisor $5,118.00 A1620.400 Central Hudson $9,594.00 A1620.450 Misc. $14,400.00 A1910.400 Unallocated Insurance $361.00 A3510.100 Dog Warden $2,034.00 A3510.403 Dog Van Gasoline $800.00 A4020.100 Vital Statistics/P.S. $1,300.00 A7020.199 Recreation -Comp. Time $2,110.00 A7020.400 Culture/Rec/C.E. $340.00 A7110.103 Parks -Seasonal #1 $8,216.00 A7110.105 Parks -Seasonal #3 $5,613.00 A7110.199 Parks -Comp. Time $4,000.00 A7110.405 Parks -Custodial Services $500.00 A7110.415 Tools Locks Bolts Chains $1,000.00 A7110.419 Maintenance -Tractors $4,500.00 A7110.420 Maintenance -Gas and Oil $5,500.00 A7110.423 Pye La, SH, CP, QA, AP Ground $1,100.00 A7110.426 Trash Removal $5,300.00 A7110.432 Maintenance -Pea Gravel $460.00 A7110.433 Maintenance -Top Soil $350.00 A7140.103 Gymnastics Boys/Girls $1,561.00 A7140.404 Advertising $10.00 A7140.413 Fishing Program -Supplies $116.00 A7550.400 Celebrations $2,500.00 A7610.400 Dial -A -Ride $1,318.00 A7620.105 Senior -Exercise Thursday $1,225.00 A8162.100 Recycle/P.S. $9,500.00 A9040.800 Workmans Compensation $1,250.00 A9730.600 B.A.N Principal $3,125.00 Decrease: A1110.403 Justice -Williamson Law $481.00 A1010.404 Justice -Stenographer $2,000.00 A 1110.410 Justice -Postage $6,000.00 Town of 6f'nppiltger Page 12 Printed 1/11/2008 Regular Meeting Minutes December 26, 2007 A1220.199 Supervisor -Comp Time $2,000.00 A1315.101 Bookkeeper $6,700.00 A1315.400 Comptroller -Mileage $262.00 Al 315.401 Compt.-Fiscal Advisor $2,500.00 A1315.403 Comptroller -Postage $3,000.00 A]330.200 Tax Equipment $1,082.00 A1355.400 Assessor -Seminars $563.00 A1355.405 Assessor -Postage $1,000.00 A1355.450 Assessor -Vehicle Maint. $1,000.00 A1380.400 Coupon Fees $3,000.00 A1410.404 Town Clerk -Law Books $1,500.00 A1420.410 Tax Attorney $6,000.00 A1440.430 Architect $5,000.00 A 1620.410 Telephone $1,000.00 A1620.420 Xerox Copies $5,500.00 A1620.451 Water for Town Hall $1,900.00 A1620.452 Water Testing Camo $3,000.00 A 1620.460 Heating Oil $18,000.00 A1660.400 Central Storeroom $500.00 A1680.401 OCIS Chargeback $25,000.00 A3510.406 Dog Vet Service $1,205.00 A3520.400 Pub Safety/Other Animals $500.00 A7020.401 Rec-Postage $1,500.00 A7110.104 Parks- Seasonal #2 $10,000.00 A7110.106 Parks -Seasonal #4-8 $2,500.00 A7110.107 Parks-Maint. #3 $15,184.00 A7110.108 Parks-Maint #4 $8,000.00 A7110.402 Parks -Castle Point $1,900.00 A7110.403 Parks -Reese Park $776.00 A7110.408 Parks -Montfort Rd $1,600.00 A7110.410 Repairs -Plumbing $1,500.00 A7110.411 Repairs -Electric $700.00 A7110.412 CAMO Water Testing $1,000.00 A7110.414 Supplies -Paint $800.00 A7110.435 Maint.-Fence Guard $3,000.00 A7110.437 Spookhill-Safety Blocks $1,375.00 A7140.104 Playground -Aerobics $1,370.00 A7140.106 Open Volleyball $317.00 A7140.108 Playground -Babysitting $250.00 A7140.110 Reese Park Director $2,000.00 A7140.115 Fishing Program-P.S. $250.00 A7620.104 Senior -Exercise Wed $1,225.00 A8162.400 Recycle/Contractual $9,500.00 A9010.800 State Retirement $15,000.00 General (B) Fund Increase: B1420.450 Fiscal Advisor $4,311.00 B3120.100 Vandalism Patrol/P.S. $4,000.00 B3410.405 Fire Prev.-Office Supply $630.00 B3410.406 Fire Code on CD Annual $700.00 B3620.100 Building Inspector $6,200.00 B3620.400 Building/Contractual $2,400.00 B3620.404 Build -Cell and Radios $1,000.00 B6410.400 Printing/Advertising $1,700.00 B7310.101 Summer Director Playgr $86.00 B7310.102 Playground Director $1,316.00 B7310.103 Playground Counselors $2,400.00 B7310.105 Floating Director $341.00 B7310.401 Youth-BOH/15` Aid/WSI $867.00 B7310.405 Playground Supplies $193.00 B7310.406 Paper Products & Clean $49.00 B7310.412 Cell & Land Line Phones $1,800.00 B8010.400 Zoning Administrator $248.00 B8015.199 Zoning Dept. -Comp Time $2,600.00 Town of Wappinger Page 13 Printed 1/11/2008 Regular Meeting Minutes December 26, 2007 B8015.402 Zoning -Vehicle Repairs $1,600.00 B8015.403 Zoning -Telephone $266.00 B8015.405 Zoning -Pager $55.00 B8015.406 Zoning Publications $67.00 B8015.408 Zoning -Office Supplies $218.00 B8020.199 Planning Comp. Time $1,000.00 B8020.400 Planning -Planner $10,000.00 B8020.408 Plan -Office Supplies $93.00 B8090.400 Environmental Control $600.00 B8510.400 Community Beautification $2,000.00 B9010.800 State Retirement $692.00 B9030.800 Social Security $461.00 B9040.800 Workers Compensation $2,100.00 B9730.600 B.A.N Principal $125.00 Decrease: B3120.400 Vandalism Patrol/C.E. $10,000.00 B3410.401 Fire -Vehicle Gas $1,000.00 B3410.410 Fire-Equafax $75.00 B3620.105 Deputy Build Insp P/T $13,296.00 B3620.199 Building -Comp Time $3,300.00 B3620.405 Building -Postage $500.00 B3620.407 Building-Equafax $305.00 B5182.400 Street Lighting $8,000.00 B7310.107 Carnwath Camp $1,875.00 B7310.200 Youth -Bleachers $2,500.00 B7310.206 Mobil Mat $3,500.00 B7310.400 Youth -Tee Shirts $1,197.00 B8010.401 ZBA-Postage $1,100.00 B8015.409 Zone -Postage $200.00 B8015.411 Zone-Equafax $75.00 B8020.405 Plan -Postage $2,895.00 B8020.407 Plan-Equafax $300.00 General (DB) Fund D135130.401 Machinery/Contract-Tires Increase: D135132.400 Garage/C.E. DB 1420.400 Attorney $673.00 DB 1420.400 Fiscal Advisor $6,387.00 DB 1440.400 Engineer $2,166.00 DB 1910.400 Insurance $250.00 D135110.405 Blacktop $28,446.00 D135130.200 Machinery/ Equipment-Misc $9,119.00 D135130.401 Machinery/Contract-Tires $410.00 D135132.400 Garage/C.E. $100.00 D135142.401 Snow Removal-Grits/Sand $19,520.00 DB9040.800 Works Compensation $8,630.00 DB9050.800 Unemployment Insurance $1,466.00 DB9901.900 Transfers to Other Funds $28,431.00 Decrease: DB 1990.400 Contingent Acct. $42,649.00 D135130.400 Machinery/C.E-Parts $9,629.00 D135142.400 Snow Removal/C.E. Salt $19,520.00 DB9730.600 B.A.N. Principal $30,000.00 DB9730.700 B.A.N. Interest $3,800.00 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby further authorizes the Comptroller to make any necessary budget transfers in the future that are needed to close out the 2007 budget. 3. The Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2007: Increase A510 Estimated Revenues $7,490.00 Increase A5031 Interfund Transfer 7,490.00 Increase A960 Appropriations $7,490.00 Town of'Wappinger Page 14 Printed 1// 112008 Regular Meeting Minutes December 26, 2007 Increase A7110.200 Parks -Fencing 4,370.00 DiPiet Fence Co. Castle Point -$3,150 DiPiet Fence Co. Robinson Lane -$1,220 Increase A7110.401 Parks -Robinson Lane 3,120.00 Bracaden Construction -dugout @ Rob La To modify the 2007 adopted budget to record the transfer of Parkland Funds into the General Fund for park improvements. Increase A510 Estimated Revenues $400.00 Increase A3060 Records Management Grant 400.00 Increase A960 Appropriations $400.00 Increase A1410.410 Records Mgt. Supplies 400.00 To modify the 2007 adopted budget to reflect receipt of Records Management Grant revenue. Increase A510 Estimated Revenues $53,298.00 Increase A1090 Int/Penalty Real Prop Tax 50,000.00 Increase A2401 Interest and Earnings 3,298.00 Increase A960 Appropriations $53,298.00 Increase Al 110.405 Justice -Security 15,000.00 Increase A1320.400 Indep. Audit/C.E. 13,740.00 Increase A1620.400 Central Hudson 10,558.00 Increase A1680.400 Central Data/C.E. 14,000.00 To modify the 2007 adopted budget increasing appropriations with unanticipated revenue. Increase B510 Estimated Revenues $300,000.00 Increase B5730 Bond Anticipation Note 300,000.00 Increase B960 Appropriations $300,000.00 Increase B1930.400 Judgements & Claims 300,000.00 To modify the 2007 adopted budget to record Board authorization to pay judgements and claims from bond proceeds. Increase B599 Appropriated Fund Balance $135,000.00 Increase B960 Appropriations $135,000.00 B 1420.400 Attorney $135,000.00 To record an increase in appropriations to be financed from appropriation of additional fund balance as a result of the Absolute lawsuit. General (A) Fund Increase: Al 110.104 Clerk to Justice $5000.00 •1110.199 Justice Court -Comp Time $500.00 A 1110.406 Interpreters $300.00 Al 110.407 Computer Services $150.00 Al 110.408 Justice -Supplies $1,500.00 A1220.401 Supervisor-Misc. $2,000.00 A1220.404 Supervisor -Telephone $900.00 A1220.405 Supervisor -Postage $3,000.00 A1315.199 Comptroller -Comp. Time $4,000.00 A1315.402 Compt.-Office Supplies $2,200.00 A1315.405 Comptroller -Paychex $9,000.00 A1330.199 Tax -Comp. Time $700.00 A1330.400 Tax Collection/C.E. $2,000.00 A1330.401 Tax -Postage $5,405.00 Town of Wappinger Page 15 Printed 1/11/2008 Regular Meeting Minutes December 26, 2007 A1355.100 Assessor $7,500.00 A1355.101 Deputy Assessor $5,000.00 A1355.199 Assessor -Comp Time $700.00 A1355.401 Assessor -Lease Copier $1,204.00 A1355.402 Assessor -Office Supplies $300.00 A 1410.402 Town Clerk -Supplies $3,000.00 A1410.405 Town Clerk-Dues/Train $80.00 A1420.400 Attorney $30,800.00 A1420.450 Fiscal Advisor $5,118.00 A 1620.400 Central Hudson $9,594.00 A1620.450 Misc. $14,400.00 A 1910.400 Unallocated Insurance $361.00 A3510.100 Dog Warden $2,034.00 A3510.403 Dog Van Gasoline $800.00 A4020.100 Vital Statistics/P.S. $1,300.00 A7020.199 Recreation -Comp. Time $2,110.00 A7020.400 Culture/Rec/C.E. $340.00 A7110.103 Parks -Seasonal #1 $8,216.00 A7110.105 Parks -Seasonal #3 $5,613.00 A7110.199 Parks -Comp. Time $4,000.00 A7110.405 Parks -Custodial Services $500.00 A7110.415 Tools Locks Bolts Chains $1,000.00 A7110.419 Maintenance -Tractors $4,500.00 A7110.420 Maintenance -Gas and Oil $5,500.00 A7110.423 Pye La, SH, CP, QA, AP Ground $1,100.00 A7110.426 Trash Removal $5,300.00 A7110.432 Maintenance -Pea Gravel $460.00 A7110.433 Maintenance -Top Soil $350.00 A7140.103 Gymnastics Boys/Girls $1,561.00 A7140.404 Advertising $10.00 A7140.413 Fishing Program -Supplies $116.00 A7550.400 Celebrations $2,500.00 A7610.400 Dial -A -Ride $1,318.00 A7620.105 Senior -Exercise Thursday $1,225.00 A8162.100 Recycle/P.S. $9,500.00 A9040.800 Workmans Compensation $1,250.00 A9730.600 B.A.N Principal $3,125.00 Decrease: Al 110.403 Justice -Williamson Law $481.00 A1010.404 Justice -Stenographer $2,000.00 Al 110.410 Justice -Postage $6,000.00 A1220.199 Supervisor -Comp Time $2,000.00 A1315.101 Bookkeeper $6,700.00 A1315.400 Comptroller -Mileage $262.00 A1315.401 Compt.-Fiscal Advisor $2,500.00 A1315.403 Comptroller -Postage $3,000.00 A1330.200 Tax Equipment $1,082.00 A1355.400 Assessor -Seminars $563.00 A1355.405 Assessor -Postage $1,000.00 A1355.450 Assessor -Vehicle Maint. $1,000.00 A1380.400 Coupon Fees $3,000.00 A1410.404 Town Clerk -Law Books $1,500.00 A1420.410 Tax Attorney $6,000.00 A1440.430 Architect $5,000.00 A1620.410 Telephone $1,000.00 A1620.420 Xerox Copies $5,500.00 A1620.451 Water for Town Hall $1,900.00 A1620.452 Water Testing Camo $3,000.00 At 620.460 Heating Oil $18,000.00 A1660.400 Central Storeroom $500.00 A 1680.401 OCIS Chargeback $25,000.00 A3510.406 Dog Vet Service $1,205.00 A3520.400 Pub Safety/Other Animals $500.00 A7020.401 Rec-Postage $1,500.00 A7110.104 Parks- Seasonal #2 $10,000.00 Torn offappinger Page 16 Printed 1/11/2008 Regular Meeting Minutes December 26, 2007 A7110.106 Parks -Seasonal #4-8 $2,500.00 A7110.107 Parks-Maint. #3 $15,184.00 A7110.108 Parks-Maint #4 $8,000.00 A7110.402 Parks -Castle Point $1,900.00 A7110.403 Parks -Reese Park $776.00 A7110.408 Parks -Montfort Rd $1,600.00 A7110.410 Repairs -Plumbing $1,500.00 A7110.411 Repairs -Electric $700.00 A7110.412 CAMO Water Testing $1,000.00 A7110.414 Supplies -Paint $800.00 A7110.435 Maint.-Fence Guard $3,000.00 A7110.437 Spookhill-Safety Blocks $1,375.00 A7140.104 Playground -Aerobics $1,370.00 A7140.106 Open Volleyball $317.00 A7140.108 Playground -Babysitting $250.00 A7140.110 Reese Park Director $2,000.00 A7140.115 Fishing Program-P.S. $250.00 A7620.104 Senior -Exercise Wed $1,225.00 A8162.400 Recycle/Contractual $9,500.00 A9010.800 State Retirement $15,000.00 General (B) Fund Increase: B 1420.450 Fiscal Advisor $4,311.00 B3120.100 Vandalism Patrol/P.S. $4,000.00 B3410.405 Fire Prev.-Office Supply $630.00 B3410.406 Fire Code on CD Annual $700.00 B3620.100 Building Inspector $6,200.00 B3620.400 Building/Contractual $2,400.00 B3620.404 Build -Cell and Radios $1,000.00 B6410.400 Printing/Advertising $1,700.00 B7310.101 Summer Director Playgr $86.00 B7310.102 Playground Director $1,316.00 B7310.103 Playground Counselors $2,400.00 B7310.105 Floating Director $341.00 B7310.401 Youth-BOH/ls` Aid/WSI $867.00 B7310.405 Playground Supplies $193.00 B7310.406 Paper Products & Clean $49.00 B7310.412 Cell & Land Line Phones $1,800.00 B8010.400 Zoning Administrator $248.00 B8015.199 Zoning Dept. -Comp Time $2,600.00 B8015.402 Zoning -Vehicle Repairs $1,600.00 B8015.403 Zoning -Telephone $266.00 B8015.405 Zoning -Pager $55.00 B8015.406 Zoning Publications $67.00 B8015.408 Zoning -Office Supplies $218.00 88020.199 Planning Comp. Time $1,000.00 B8020.400 Planning -Planner $10,000.00 B8020.408 Plan -Office Supplies $93.00 B8090.400 Environmental Control $600.00 B8510.400 Community Beautification $2,000.00 B9010.800 State Retirement $692.00 B9030.800 Social Security $461.00 B9040.800 Workers Compensation $2,100.00 B9730.600 B.A.N Principal $125.00 Decrease: B3120.400 Vandalism Patrol/C.E. $10,000.00 B3410.401 Fire -Vehicle Gas $1,000.00 B3410.410 Fire-Equafax $75.00 B3620.105 Deputy Build Insp P/T $13,296.00 B3620.199 Building -Comp Time $3,300.00 B3620.405 Building -Postage $500.00 B3620.407 Building-Equafax $305.00 B5182.400 Street Lighting $8,000.00 B7310.107 Carnwath Camp $1,875.00 Town of Wappinger Page 17 Printed 1/l1/2008 Regular Meeting Minutes December 26, 2007 IX. B7310.200 Youth -Bleachers $2,500.00 B7310.206 Mobil Mat $3,500.00 B7310.400 Youth -Tee Shirts $1,197.00 B8010.401 ZBA-Postage $1,100.00 B8015.409 Zone -Postage $200.00 B8015.411 Zone-Equafax $75.00 B8020.405 Plan -Postage $2,895.00 B8020.407 Plan-Equafax $300.00 General (DB) Fund D135130.401 Machinery/Contract-Tires Increase• DB5132.400 Garage/C.E. DB 1420.400 Attorney $673.00 DB 1420.400 Fiscal Advisor $6,387.00 DB 1440.400 Engineer $2,166.00 DB 1910.400 Insurance $250.00 DB5110.405 Blacktop $28,446.00 D135130.200 Machinery/ Equipment-Misc $9,119.00 D135130.401 Machinery/Contract-Tires $410.00 DB5132.400 Garage/C.E. $100.00 D135142.401 Snow Removal-Grits/Sand $19,520.00 DB9040.800 Works Compensation $8,630.00 D139050.800 Unemployment Insurance $1,466.00 D139901.900 Transfers to Other Funds $28,431.00 Decrease: DB 1990.400 Contingent Acct. $42,649.00 DB5130.400 Machinery/C. E -P arts $9,629.00 D135142.400 Snow Removal/C.E. Salt $19,520.00 DB9730.600 B.A.N. Principal $30,000.00 D139730.700 B.A.N. Interest $3,800.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-269 Yes/Aye No/Nay Abstain Absent D Adopted Joseph Ruggiero seconder z ❑ 11 El Adopted as Amended William Beale Voter Rl ❑ ❑ El Defeated Vincent Bettina Voter ❑ ❑ ❑ z ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator 9 ❑ ❑ El Joseph Paoloni Voter Cif ❑ ❑ ❑ Dated: Wappingers Falls, New York December 26t", 2007 The Resolution is hereby duly declared adopted. New Business Councilman Beale New Business Councilman Beale offered his good wishes and thanks to Supervisor Ruggiero on behalf of the Board for his years of service the Town. Councilwoman McCarthy New Business Councilwoman McCarthy added her own thanks and appreciation to the Supervisor, and thanked him for his friendship and leadership. Councilman Paoloni New Business Councilman Paoloni added his thanks and best wishes to the Supervisor. Supervisor Ruggiero New Business help. Supervisor Ruggiero wished his successor, Chris Colsey, the best of luck and offered his Town of Wappinger Page 18 Printed 1/11/2008 Regular Meeting Minutes December 26, 2007 X. Adjournment Motion To: adjourn at 10:16 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina The Meeting Adjourned at 10:16 PM. _ J¢hn C. sterson (� Town Clerk Toth of Wappinger Page 19 Printed 1/1112008