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2008-01-14 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 January 14t1i, 2008 7:00 PM Agenda SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:00 PM Meeting called to order on January 14th 2008 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order H. Pledge of Allegiance III. Correspondence Log 2008-38. Resolution Authorizing the Acceptance of the Correspondence Log IV. Public Portion V. Discussions A. Recreation Issues - Ralph Holt B. Cablevision Update - Roger Connor C. MS4 Compliance Update - Jay Paggi VI. Items for Special Consideration VII. Resolutions 2008-39. 2008-40. 2008-4I. VIII. Adjournment Resolution Appointing Seasonal Recreation Employee Resolution Appointing Seasonal Recreation Employee Order Calling Public Hearing on the Establishment of the Maloney Heights Subdivision Drainage District Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Monday, January 14th, 2008 7:00 PM Town Hall Call to Order Supervisor Colsey called the Meeting to Order at 7:06 PM Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Late 7:07 PM Vincent Bettina Town of Wappinger Councilman Late 7:07 PM Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Pledge of Allegiance Correspondence Log RESOLUTION: 2008-38 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-38 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 21 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator ', D El El El El Withdrawn Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 14t", 2008 The Resolution is hereby duly declared adopted. IV. Public Portion Motion To: suspend the Rules for Public Comment on the Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Public Comments on the Agenda Items There were no comments from the public on the Agenda items. Town of Wappinger Page / Printed 1130/2008 Regular Meeting Minutes January 14, 2008 Motion To: reinstate the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni V. Discussions A. Recreation Issues - Ralph Holt Supervisor Colsey opened the discussion at 7:08 PM. Recreation Chairman Ralph Holt discussed the Resolutions that were before the Board for the winter basketball program appointments. He then discussed the recent vandalism problems at the Carnwath property and other Town parks, giving specific reports of what is being vandalized at each location. He is requesting some intervention on the Boards part to make the necessary efforts to control this. The neighbors near the parks are reluctant to get involved as they are afraid. Mr. Holt spoke about the incident that took place today at Rockingham Park. On routine Town patrols, members from the Highway Department discovered individuals vandalizing the park with their trucks and cars. One of the fields has been completely destroyed and, unfortunately, will not be usable this year. The Police have caught the offenders and their vehicles have been impounded. He asked for intervention to help prevent further destruction of our town properties. The parks currently have alarm systems on several of the buildings. These systems are only good enough if someone breaks into the structures. The systems do nothing for the Town if the person is there to vandalize only. Mr. Holt additionally reported that there has been unusual activity at the Carnwath property, such as the doors being left open. All buildings on the property, except for the Museum, have been broken into. He asked about the ADT proposal that was presented to the Board a few years back. He asked if the Town would be willing to entertain an updated proposal from ADT. Councilwoman McCarthy asked if the locks have been changed. Mr. Holt replied that they have changed the locks. She asked if one key opens all of the locks on the property. Mr. Holt answered that there are different keys for different buildings. Councilman Bettina asked if this could be someone that was given a key in the past. He recommended that the locks on all of the Carnwath doors be changed. Councilwoman McCarthy added that the people with .r.� access to master keys should be limited. Councilman Paoloni asked what the result of the proposal from ADT was. Mr. Holt was not aware of the outcome of the project. Town Clerk, Chris Masterson, added that the old proposal was on file and he would provide copies for the Board. Councilman Bettina wanted to know how the placement of the cameras would be decided. Al Roberts, Town Attorney, replied that the placement would be up to the Board. Councilman Bettina noted that he has not seen a proposal. Councilman Beale recommended having another presentation on an upcoming agenda. Councilwoman McCarthy noted that the vandalism in the past has occurred mostly during warmer weather. She asked if this vandalism is due to how the Town is directing the patrols. Mr. Holt commented that the patrol is ineffective because the kids would see the search light on the patrol car and hide. When the patrol car left, the kids would come back out. He believes the Town Patrol may be afraid to go to places like Martz field. Councilman Paoloni commented that the cameras could be linked to the police station. The patrol would then know what he was responding to. Councilman Beale asked if the Town Patrol had access to Carnwath after hours. Mr. Holt recommended getting them a key if they did not have one already. Councilman Bettina asked about the Sports Museum regarding the value of the assets and the insurance coverage. Mr. Holt will look into that. Councilman Beale added that the Village of Wappingers Falls has "Park Wardens". These are volunteer positions and are made up of neighbors who keep an eye on the park and report any suspicious activity. Councilman Paoloni asked to further discuss the issue of the proposed caretaker the Town hired to maintain Carnwath. Supervisor Colsey commented that the Carnwath Caretaker issue would be on the January 281h Agenda. Discussion followed. Councilwoman McCarthy asked who would enforce a vandalism issue once the cameras do pick up an image. Councilman Paoloni again recommended that the camera feed directly to the Police Station. Mr. Holt noted that the Martz Field clubhouse was broken into and destroyed while the park was full of residents. When asked by the Police what happened, nobody saw or heard anything. Councilman Beale recommended that the fire alarm system at Carnwath be addressed. He doesn't believe the system is connected. Mr. Holt confirmed. The Board concluded that a Needs Assessment be performed on the problems discussed. Mr. Holt then spoke about the possibilities of raising the community's interest in Carnwath. Possible ideas of events include a 01 of July Fireworks program or a concert. He reinforced his belief that something has to be done with the Mansion. Something like fireworks Town of Wappinger Page 2 Printed 1/30/2008 Regular Meeting Minutes January 14, 2008 would draw a large crowd and help develop support from the community on the restoration of Carnwath. Councilman Paoloni questioned the rates for some of the recreation instructors. He noted that he was a CYO Basketball Coach in the past and performed those duties for free. Mr. Holt agreed that the coaches worked for free back then, but went on to say that it's not like that anymore. People aren't as willing to volunteer anymore. Councilman Paoloni had asked that each of the programs' costs be passed through. Mr. Holt replied that the costs for every program are covered by the revenue of that program. The participants in the gymnastics program, for example, are willing to absorb the 20% increase in the instructors' fees. Mr. Holt went on to say that the Wappinger rates are $5-$10 lower than the rates of other towns. Councilman Paoloni requested an Income/Expense Report to be provided to the Board. Now Chairman Holt additionally addressed the Board about his request for a John Deer Tractor and Truck. Councilman Bettina stated that he was aware of a bucket truck that was purchased by Recreation. He stated that the truck is not being used much and doesn't have outriggers on it. He believes this truck should be in compliance to avoid any liability issues and ensure that the town is protected. Mr. Roberts recommended that a risk assessment from the insurance company be conducted. Supervisor Colsey thanked Mr. Holt for the work his men did on the ceiling of the Courtroom. He then closed the discussion at 7:53 PM. B. Cablevision Update - Roger Connor Supervisor Colsey opened the discussion at 7:53 PM. Roger Connor, a representative of Cablevision, gave a brief update on the timetable of the Government Access Channel for the Town of Wappinger. Mr. Connor began by explaining the components of the plan. The maintenance closet in the Town Board Meeting Room will be converted into a studio. There will be two robotic cameras on the back wall. A third robotic camera will shoot toward the audience. The sound board and microphones would be upgraded and fed into the studio. An individual would need to be assigned to have control of the recording and broadcasting. The intention is to store the Meeting files to a hard drive, with the ability to burn the files to DVDs. The feed would also be able to be simulcast through the Town website. The Town would have a dedicated cable from the Town Hall to the Head -End at Cablevision. This dedicated line will enhance our security, as well as Internet, telephones, etc., using a "mini -node". The contract also includes a portable camera for events occurring outside of Town Hall. Mr. Connor expects the program to be up and running by the end of March/early April. He added that this is already being done in several other communities. Fishkill, East Fishkill, Poughkeepsie and Beacon are all in place. Councilwoman McCarthy expressed her concerns about the ability of anyone to edit the meetings. She wanted to make sure a continuous feed was being broadcast. Mr. Connor confirmed that the feed would be broadcast in real time with no editing. Councilman Paoloni asked about the use of the hard drive. Mr. Connor replied that the Meeting would be recorded to the hard drive. Councilman Paoloni asked for clarification that it would be recorded and broadcast live. Mr. Connor confirmed. Councilman Paoloni then asked if the video would be considered a legal document. He wanted to be sure that nobody could edit the feed of the Meeting to their pleasure. Councilman Beale shared the issue the Village of Wappingers Falls experienced with an individual editing the video and posting it on the Internet. Councilman Paoloni clarified that he was concerned with what would be broadcast on the Government Access Channel, that it was an actual continuous feed and not an edited file. Councilwoman McCarthy commented on an individual that uses the School Board Meeting recordings and replays the tape in a way that misrepresents the Meeting. Mr. Connor stated that the Town will maintain editorial control over the Government Access Channel. He went on to explain that the Meetings are public meetings. The individual Councilwoman McCarthy referred to makes his own recording of the School Board Meetings. The Town Clerk, Chris Masterson, explained that the same problem occurs with paper documents. A person could edit a document in any way he wishes. The Town would maintain the official copy. The same applies to the Town Board Meeting video files. Anyone can record the broadcast of the Meeting and edit if for personal use, but the Town would maintain the official copy. Councilman Beale stated that we really have no control over what the public can do with the video. However, the Town retains the original video in the event that it is necessary to make a comparison. He asked if it were necessary to run the Meeting live or if it could be broadcast at a specific time. He went on to say that a live feed could encourage an individual to come to a meeting with the intent to make a disturbance. If a delay in airing the meeting could occur, perhaps this potential would be eliminated. Councilman Paoloni stated the meeting should be live and that there should not be any ability to edit the record. Mr. Connor then addressed the Board concerning the cost to get the channel up and running. At this time, there is no expense to the town, other than the individuals that will run the Town of Wappinger Page 3 Printed //30/2008 Regular Meeting Minutes January 14, 2008 studio and update the bulletin board. Councilwoman McCarthy recommended that the Town tie this into the High School media classes. Councilman Beale asked about broadcasting the School Board Meetings. He wanted to know if the Town would have to share the channel with the District. Mr. Connor stated that the channel is, by regulation, and Educational/Government Access Channel. However, the editorial control remains with the Municipality. Supervisor Colsey stated that he would like to have Mr. Connor back in a few months for an update. He then closed the discussion at 8:13 PM. C. MS4 Compliance Update - Walter R. Artus Supervisor Colsey opened the discussion at 8:13 PM. Mr. Walter R. Artus, Stormwater Coordinator, reported on the Town's Stormwater Management Program. Mr. Artus conducted an analysis of the Town's MS4 program. He discussed the material that was reviewed. He noted that the Town is to be in compliance by January 8`h. Mr. Artus believes the Town is in compliance. He commented on a new draft permit, which was to be effective January 8'''. Once the permit comes out, there may be some minor amendments to some of the Town's ordinances. He would like to come back for a presentation to the Board for the annual report and for another brief update in February. Councilman Beale asked if the Town needed to have another training session for contractors in the second half of 2008. Mr. Artus answered that the DEC likes to see the training on an annual basis. He recommends conducting the training for all of the four municipalities that Mr. Artus represents in one shot at one Town Hall. Supervisor Colsey closed the discussion at 8:17 PM. VI. Items for Special Consideration A. Comparison on PayChex Supervisor Colsey reminded the Board that a question was raised about savings that could be realized in switching from weekly pay periods to bi-weekly or bi-monthly periods. The Supervisor pointed out that the fee was about $15,000 for a weekly program and about $7,800 for bi-weekly. Discussion followed. B. Emergency Services Coordinator The Emergency Services Coordinator, Joe Kovalsky, was unable to be at this Meeting. The Board was provided with a report for the month of December. Mr. Kovalsky offered to come to the upcoming Meeting on January 28`t'. Councilwoman McCarthy asked that Mr. Kovalsky compile a list of his duties and how he accounts for his time before coming to the next meeting. Discussion followed. C. Resolutions Motion To: add Resolution 2008-42 to the Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni D. Zoning Board of Appeals Motion To: start interviews on the vacancy on the ZBA RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni E. Comptroller Memo Supervisor Colsey noted that the Comptroller, Jean Gallucci, was asked to be at this Meeting to discuss a memo that she had written on January 9"'. Mrs. Gallucci discussed a discrepancy in the Budget. She had on hand a copy of the Official Town Budget that is filed in the Town Clerk's Office. On that document, she had highlighted the $114,000 total for line item A1220.100. She also had copies of the worksheets used in the Budget preparation. In that document, there was only $112,000 accounted for. She is asking the Town Board which line item they would like her to assign the extra $2,000. Town of Wappinger Page 4 Printed 1/30/2008 Regular Meeting Minutes January 14, 2008 Councilwoman McCarthy questioned the validity of the $114,000 amount. Her Budget worksheets agree with the Budget worksheet for the Tentative Budget. Councilman Beale commented that the discrepancy is with the worksheets. Councilman Paoloni asked if the money could be put into an "other" category and be used as needed. Mrs. Gallucci replied that it has to be put into the A1220.100 line. Discussion about where this extra $2000 needs to go followed. Councilwoman McCarthy asked what other categories were within that 100 category. Mrs. Gallucci answered that the subcategories were 100, 101, 102, 103, and 104. Councilman Paoloni asked again if the money could be put in and "other" category. Mrs. Gallucci replied that she could put it there if the Board told her to put it there. Councilwoman McCarthy asked how much the Board Members make and if they are all paid the same. Councilman Beale answered that the salary was $9465.00. Councilwoman ... McCarthy asked if any Board Members have been paid anything extra. Mrs. Gallucci answered, "No." To clarify, Councilwoman McCarthy asked if any money has been directed anywhere else. Mrs. Gallucci replied again, "No." Councilman Beale noted that the Deputy Supervisor line is blank and that it may have been left blank inadvertently. Councilwoman McCarthy stated that she recalled that the Deputy Supervisor and Budget Officer lines were not left blank inadvertently. The Deputy Supervisor line was left blank on purpose and part of the Budget Officer line was taken and added to the Supervisor's salary. This was done from the beginning of the Budget process. Councilman Beale commented that he was at every Budget Meeting and did not recall any conversation relevant to not funding the Deputy Supervisor or Budget Officer. Councilwoman McCarthy referred to the working documents dated 10/05/2007. Nothing has been put in or taken out since that document. She recalled discussions about the appearance of voting in a raise, and she would like to make sure that nothing is being paid out to the Deputy Supervisor. Councilman Paoloni added that they would be able to tell from looking at the Cash Disbursement Statements. He asked the Comptroller if he could have those statements. Councilwoman McCarthy also asked for statements of what has been paid out for this portion of the Budget year-to-date. Councilman Beale asked how there could be a $2000 surplus in the Supervisor/ Personal Services line when there is a blank for the Deputy Supervisor line. Councilwoman McCarthy replied that the Deputy Supervisor line was left blank intentionally. Councilman Beale disagreed, saying that he remembers no discussion about removing funding for the Budget Officer or Deputy Supervisor. Councilwoman McCarthy added that it was not discussed because it was not in the Budget to begin with. She mentioned certain Budget Workshop discussions during which comments were made about working on the School Board without a stipend and donating the Town Board stipend. Councilman Beale commented that the positions in question here are jobs, not volunteer work. He brought up the fact that the Deputy Supervisor and Budget Officer salaries have been budgeted for at least 20 years. He asked who would be putting the Budget together and not receiving any compensation. Councilwoman McCarthy felt that it was wrong to vote himself a pay raise after reading the document multiple times, after the Budget has been adopted and after the public has been made aware of the Budget. Councilman Bettina asked that Sedore & Company come before the Board to discuss this issue. Councilwoman McCarthy added that she wants the PayChex documentation showing what has gone back and forth so far. Mrs. Gallucci notified the Board that she has already spoken to Sedore & Co. Discussion followed. Sedore & Co. recommended that Mrs. Gallucci ask the Board where to appropriate the $2,000 as she does not have the authority to make her own determination of where to put it. Councilman Bettina made a motion to have Sedore & Co. come before the Board. Councilman Beale asked what that would accomplish. Councilwoman McCarthy answered that she wants to make sure all Council Members have been paid the same amount. Councilman Beale asked if there was a concern about that. Councilwoman McCarthy replied that, considering the vigor with which this topic is being argued, she would like that infonnation for her own piece of mind. Supervisor Colsey asked the Comptroller is she could vouch that all Council Members have been paid the same amount. The Comptroller replied that they all have been paid the same amount. Supervisor Colsey asked for a second on Councilman Bettina's Motion. The Motion was seconded by Councilwoman McCarthy and passed unanimously. Town of Wappinger Page 5 Printed //30/2008 Regular Meeting Minutes January 14, 2008 Motion To: have Sedore & Co. come before the Board to discuss the Budget issues RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni F. Field Utilization Report - Paoloni Councilman Paoloni mentioned the report that he was given by Ralph Holt, Chairman of the Recreation Department. Supervisor Colsey noted that this is the report that Councilman Paoloni had requested. Councilman Paoloni explained that he had asked for a field utilization study of the existing playing fields in order to determine if all fields are being used to capacity. The report he was given was a utilization report of the soccer fields. Supervisor Colsey clarified that the report is only 50% of what Councilman Paoloni was asking for. Councilman Paoloni further clarified that this report is 0% of what he was asking for. It is actually the exact opposite of what he is looking for and he does not feel this should be such a difficult thing to understand. He explained that you would check your existing capacity on something before adding additional capacity. Councilwoman McCarthy commented that there might have been a misunderstanding. Councilman Paoloni noted that this request has taken over a year now. VII. Resolutions RESOLUTION: 2008-39 Resolution Appointing Seasonal Recreation Employee WHEREAS, the Chairman of the Town of Wappinger Recreation Commission issued a memo dated January 8, 2008 entitled "PROGRAM SALARIES FOR WINTER PROGRAMS " and therein has requested approval for the following salaries respective to annual Recreation programs: NAME PROGRAM PREVIOUS NEW FUND SALARY SALARY Dawn Turpin-Orgetas* Gymnastics, Dir. $25.00 hr $30.00 hr. A-7140.103 Marisa Bisaccia** Gymn. Asst. Dir. $12.00 hr $12.50 hr. A-7140.103 Suzi Chafetz Gymnastics $ 7.15 hr $7.37 hr. A-7140.103 Nicole Sheremeta Gymnastics $ 7.15 hr $7.37 hr. A-7140.103 Jessica Bender Gymnastics $ 7.15 hr $7.37 hr. A-7140.103 Mariah Doerr Gymnastics $ 7.15 hr $7.37 hr. A-7140.103 Stephanie Hanford Gymnastics $ 7.15 hr $7.37 hr. A-7140.103 Christina Mojica Gymnastics $ 7.15 hr $7.37 hr. A-7140.103 Gina Palazzolo Gymnastics $ 7.15 hr $7.37 hr. A-7140.103 Melissa Rose Gymnastics $ 7.15 hr $7.37 hr. A-7140.103 Jaclyn Peck *** Gymnastics $6.75 hr $7.15 hr. A-7140.103 Sarah LaPerche Gymnastics $7.15 hr A-7140.103 Rebekah Colon Gymnastics $7.15 hr A-7140.103 Angela Hernandez Gymnastics $7.15 A-7140.103 Rosemary DiGennaro Aerobics $40.00 hr. $40.00 A-7140.104 Walter Leczinski Volleyball $30.00 hr. $30.00 A-7140.106 Melaine Rottkamp Baton Twirling $30.00 hr. $30.00 A-7140.113 BE IT RESOLVED, that Recreation Chairman Ralph Holt is hereby authorized to initiate Seasonal/Part-time employment with the aforementioned in accordance with the practices and policies of the Town of Wappinger. Town of Wappinger Page 6 Printed 1130/1008 Regular Meeting Minutes January 14, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-39 Yes/Aye No/Nay Abstain Absent Rl Adopted Christopher Colsey Voter 23 ❑ ❑ El Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy t Initiator 2 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator ' D ❑ ❑ ❑ Dated: Wappingers Falls, New York January 14"i, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-40 Resolution Appointing Seasonal Recreation Employee BE IT RESOLVED, that Lawrence Brooks, Jr. is hereby appointed as a Seasonal Instructor for the Winter Boys and Girls Basketball Program starting January 19, 2008 at an hourly rate of $25.00 and affecting Town of Wappinger Budget Line A-7140.105 as consistent with the approved 2008 Town Budget. BE IT RESOLVED, that Aaron Brooks is hereby appointed as a Seasonal Assistant Instructor for the Winter Boys and Girls Basketball Program starting January 19, 2008 at an hourly rate of $12.00 and affecting Town of Wappinger Budget Line A-7140.105 as consistent with the approved 2008 Town Budget. BE IT FURTHER RESOLVED, that Recreation Chairman Ralph Holt is hereby authorized to initiate employment with the aforementioned in accordance with the practices and policies of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-40 Yes/Aye No/Nay Absent Rl Adopted Christopher Colsey Voter 0 Abstain ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 2 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy t Initiator 2 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 14t", 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-41 Order Calling Public Hearing on the Establishment of the Maloney Heights Subdivision Drainage District WHEREAS, the written Petition of ATTALLAH NESHEIWAT and JOSEPH NESHEIWAT, dated November 27t1i, 2007, as Petitioners and Owners of 100% of the MALONEY HEIGHTS SUBDIVISION, having been duly presented to the Town Board of the Town of Wappinger, New York, requesting that a drainage district to be known as the "MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT" which is more particularly described in the attached Map, Plan and Report of the MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT Subdivision dated September 22"d, 2005, prepared by Paggi, Martin & Del Bene, LLP and filed in the Office of the Town Clerk; and WHEREAS, Attallah Nesheiwat and Joseph Nesheiwat are the Owners of 100% of the property contained in the proposed drainage district; and WHEREAS, the properties to be included within the MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT, consist of those properties described in Exhibit "A" attached hereto and hereby incorporated herein; and WHEREAS, the map entitled "Map, Plan and Report for the MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT" dated September 22nd, 2005, and relating to the establishment of the proposed drainage district was prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report has been duly filed with the Torn of Wappinger Page 7 Printed //.30/2008 Regular Meeting Minutes January 14, 2008 Town Clerk and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report is in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, the improvements proposed in said district consist of the construction, installation and maintenance of a drainage system to serve the properties within said district in accordance with certain plans incorporated in the Map, Plan and Report dated September 22°d, 2005 and which is hereby approved and adopted by this Town Board and is now on file in the Office of the Town Clerk; and WHEREAS, the Petitioners, Attallah Nesheiwat and Joseph Nesheiwat shall construct said drainage system at their own expense and once the drainage facilities required for the subdivision have been properly constructed to the satisfaction of the Town, the drainage facilities shall be transferred to the Town of Wappinger and/or the MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT, without any cost to the Town, and all costs and expenses occasioned by the creation of this district shall be borne by the Petitioners, Attallah Nesheiwat and Joseph Nesheiwat; and WHEREAS, Attallah Nesheiwat and Joseph Nesheiwat shall install all improvements referenced in the Map, Plan and Report and dedicate same to the District upon completion thereof; and WHEREAS, the improvements to be constructed for the MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT shall be the storm water facilities outside the limits of the Town roads, rights -of -ways and shall consist of such facilities, including but not limited to, sixteen (16) catch basins, 1,283 +/- linear feet of piping, two (2) detention ponds, four (4) drains with rip -rap inlet and outlet protection and one (1) swale; and WHEREAS, the maintenance of all drainage easements and incidental improvements and expenses in connection therewith is more fully described in the Map, Plan and Report, herein further described; and WHEREAS, following the aforementioned Petitioner's construction and dedication of the improvements to the Town, the cost for and for maintaining the District shall be assessed, levied and collected from the several lots and parcels of land within said district in proportion to the benefit which each lot and parcel of land in said district shall derive there from as set forth in the Map, Plan and Report; and WHEREAS, the Map, Plan and Report, including an estimate of costs has been prepared in such manner and detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York relating to the establishment of the proposed Drainage ...� District of the Town of Wappinger, Dutchess County, New York to be known as the MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT; and WHEREAS, maximum estimated costs of said improvements to the Town is zero ($0.00); and WHEREAS, there are no hook-up fees proposed to the typical property in the MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT; and WHEREAS, the estimated costs to the MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT for the first-year budget will be approximately Five Thousand Two Hundred ($5,200.00) Dollars resulting in a cost to the typical lot of Six Hundred and Fifty ($650.00) Dollars per lot; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year costs to the typical property in the MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the Office of the Town Clerk where the same is available during regular office hours for examination by any person interested in the subject matter thereof; and WHEREAS, the Town Board determines that the creation of this Drainage District is a Type II action as defined in 6 NYCRR 617.5 and in Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617; and WHEREAS, it is now desired to call a Public Hearing on the establishment of the MALONEY HEIGHTS DRAINAGE DISTRICT all pursuant to Section 209-d of the Town Law; and NOW, THEREFORE, BE IT ORDERED, that the Town Board of the Town of Wappinger, Dutchess County, New York as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. Public Hearin. The Town Board hereby detennines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the day of Town of Wappinger Page 8 Printed 1/30/2008 Regular Meeting Minutes January 14, 2008 , 2008 at 7:30 P.M., for the purpose of holding a Public Hearing to consider the establishment of the MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT described herein and to consider the Map, Plan and Report dated September 22nd, 2005, filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or authorized by law. 3. Publication and Posting. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within the proposed MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT, as shown upon the latest completed assessment roll of the Town. 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-41 Yes/Aye No/Nay Abstain Absent El Adopted Christopher Colsey Voter 0 El ❑ El Adopted as Amended William Beale Voter 0 ElEl❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 El El 0 Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 14th, 2008 The Resolution is hereby tabled. RESOLUTION: 2008-42 Resolution Appointing Town of Wappinger Ethics Board WHEREAS, the Wappinger Town Board is charged with appointing an Ethics Board made up of five members with the Town Supervisor and each Councilperson appointing one representative, and WHEREAS, the appointments for the Town of Wappinger are as follows: Supervisor Chris Colsey appoints Paul Pilon Councilman William Beale appoints Vincent Francese Councilman Vincent Bettina appoints Joseph Incoronato Councilman Maureen McCarthy appoints Joseph Ruggiero Councilman Joseph Paoloni appoints Robert Valdati The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-42 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York January 14t", 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 9 Printed 1/30/2008 Regular Meeting Minutes January 14, 2008 VIII. Executive Session Motion To: go into Executive Session at 8:48 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni A. Litigation Motion To: come out of executive session at 9:33 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni IX. Adjournment Motion To: adjourn at 9:35 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 9:35 PM. C. sterson Town Clerk Torn of Wappinger Page 10 Printed 1/30/2008