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2008-06-09 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 June 9`h, 2008 7:Q0 PM Amended Agenda SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH R PAOLONI 7:00 PM Meeting called to order on June 9, 2008 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Public Hearings Local Law No. of the Year- 2008, Imposing a Temporary Town -Wide Moratorium on Residential - Moratorium IV. Discussions A. Town HalUHighway Garage Inspection Report - George Kolb, Bob Gray B. Emergency Services Building Fire Inspection Report - Mark Liebermann C. Carnwath (Access Road, Roof Preservation) - Bob Gray D. Town Hall Handicapped Parking - Bob Gray E. Town Hall Sign - Councilman Beale F. Arlene Drive - AI Roberts G. Town Interim Financial Report - Supervisor Colsey V. Tax Certiorari A. 2008 Assessment/Grievance Day Interim Report - Chris Harkins 2008-160. Resolution Authorizing Settlement of Tax Certiorari - Airport 2008-167. Resolution Authorizing Settlement of Tax Certiorari - Sunny Gardens 2008-168. Resolution Authorizing the Settlement of Tax Certiorari - Roberts Running Creek 2008-169. Resolution Authorizing Settlement of Tax Certiorari - Rawls Leisure Living, Inc 2008-170. Resolution Authorizing Settlement of Tax Certiorari - Maric VI. Minutes Approval Monday, May 12, 2008 Drive 2008-161. Resolution Authorizing Settlement of Tax Certiorari - K&J Partnership 2008-162. Resolution Authorizing Settlement of Tax Certiorari - Riverview Land Company 2008-163. Resolution Authorizing Settlement of Tax Certiorari - Wappingers Falls Owners Corp 2008-164. Resolution Authorizing Settlement of Tax Certiorari - Wappingers Mobile Home Park 2008-165. Resolution Authorizing Settlement of Tax Certiorari - Holiday Bowl 2008-166. Resolution Authorizing Settlement of Tax Certiorari - Imperial Blvd 2008-167. Resolution Authorizing Settlement of Tax Certiorari - Sunny Gardens 2008-168. Resolution Authorizing the Settlement of Tax Certiorari - Roberts Running Creek 2008-169. Resolution Authorizing Settlement of Tax Certiorari - Rawls Leisure Living, Inc 2008-170. Resolution Authorizing Settlement of Tax Certiorari - Maric VI. Minutes Approval Monday, May 12, 2008 VII. Correspondence Log 2008-177. Resolution Authorizing the Acceptance of the Correspondence Log VIII. Public Portion IX. Resolutions 2008-178. Resolution Adopting Local Law No of The Year 2008, Imposing A Temporary Town -Wide Moratorium On Residential Development 2008-179. Resolution Appointing an Accountant to the Town Of Wappinger 2008-180. Resolution Authorizing Refund of Unused Escrow for 12 Oak Way 2008-181. Resolution Authorizing Refund of Unused Escrow for 33 Truffle Ridge Road 2008-182. Resolution Authorizing Refund of Unused Escrow for 12 Whites Corners Road 2008-183. Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota 2008-184. Resolution Authorizing Refund of Unused Escrow for Toll Brothers (Shamrock Subdivision) 2008-185. Resolution Authorizing the Execution of the Agreement between the Town Of Wappinger and the Wappinger Yankees Collegiate Baseball Club 2008-186. Resolution to Execute Contracts For the Town Recreation Department Summer Concert Series 2008-187. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2008 2008-188. Resolution to Extend the Employment Contract Of a Temporary Accounting Employee 2008-189. Resolution Authorizing Employee to Work in Two Positions and Defining Priorities among Those Positions 2008-190. Resolution Appointing Seasonal Recreation Employees 2008-191. Resolution Authorizing Amendments to the 2008 Town Of Wappinger Budget 2008-192. Resolution Authorizing Addendum to Legal Services Agreement with MTBE Litigation Special Counsel 2008-193. Resolution Rescinding Prior Acceptance of Parcel for Town Highway Purposes and Authorizing Reconveyance of the Parcel to Property Owners 2008-194. Resolution Appointing Senior Center Recreation Leader X. Executive Session A. Absolute Properties B. Cranberry Hills Zoning - Joseph Paoloni XI. New Business XII. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ^' Minutes — Chris Masterson 845-297-5771 Monday, June 9, 2008 7:00 PM Town Hall IV. Call to Order Supervisor Colsey called the Meeting to Order at 7:03 PM. Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Late 7:52 PM Joseph Paoloni Town of Wappinger Councilman Present Bob Gray Town of Wappinger Engineer to Town Present Jim Horan Town of Wappinger Town Attorney Present Graham Foster Town of Wappinger Highway Superintendent Present David Stolman Town of Wappinger Town Planner Present Al Roberts Town of Wappinger Town Attorney Present Pledge of Allegiance Supervisor Colsey Statement Supervisor Statement - Agenda Supervisor Colsey noted that the Handicapped Parking item is being withdrawn. He also pointed out that the new Town website is now up and running. Public Hearings Motion To: open Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Local Law No._ of the Year 2008, Imposing a Temporary Town -Wide Moratorium on Residential - Moratorium Supervisor Colsey opened the Public Hearing at 7:06 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). The Supervisor then asked for a motion to open the Public Hearing. Councilman Bettina made the motion to open. The Motion was seconded by Councilman Paoloni and passed unanimously. Supervisor Colsey explained the proposal for and the purpose of the Moratorium. He had letters from Dutchess County Planning and Development and several letters requesting exemptions. The letters were not entered into the record. The Supervisor then opened the floor to the public. There were no comments. Councilman Bettina made a motion to close the public hearing. The motion was seconded by Councilman Paoloni. Councilman Beale asked the Supervisor to clarify how the moratorium would affect projects that have received preliminary approval. Supervisor Colsey replied that applicants having preliminary approval would not be affected. It would also not affect commercial projects. Councilman Beale also asked which subdivisions would be exempted from the moratorium. Supervisor Colsey answered that the moratorium affects those with 5 lots or more. It is tied to the Dutchess County Department of Health and is also tied the the 6 month Comprehensive Plan schedule. Councilman Paoloni asked if the moratorium would automatically be lifted once the Comprehensive Plan was complete. He noted that the Town of Wappinger Page I Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 recommendation from the County was that a moratorium usually begins when the Comprehensive Plan is complete. David Stolman, Town Planner, replied that the Town disagrees with the County's recommendation. He explained that the Town Board can lift the moratorium at any point in time. The intention is to have the moratorium effective long enough to complete the Comprehensive Plan and the associated Zoning amendments. Councilman Beale asked if another Local Law would be needed to lift the moratorium. Jim Horan, Town Attorney, replied that the moratorium is set to expire by its own terms in six months unless it is renewed. The Town Board could vote to extend or lift the moratorium. Discussion followed. Supervisor Colsey called for a vote on the motion to close. The motion passed unanimously and the Public Hearing closed at 7:13 PM. The Supervisor followed by moving Resolution 2008-178 up in the Agenda. RESULT: CLOSED [UNANIMOUS] 3 MOVER: Vincent Bettina, Councilman { SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni i ABSENT: Maureen McCarthy Town of Wappinger Page 2 Printed 6/18/2008 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE LOCAL LAW ENTITLED "LOCAL LAW NO. _ OF THE YEAR 2008, IMPOSING A TEMPORARY TOWN -WIDE MORATORIUM ON RESIDENTIAL DEVELOPMENT" 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 May 15th, 2008, your deponent posted a copy of the attached Notice of Public Hearing on the Local Law Titled, "Local Law No. _ of the Year 2008, Imposing a Temporary Town -Wide Moratorium on Residential Development", 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. Q� 0, 141, , } ohn C. asterson Town Clerk Town of Wappinger Sworn to before me the 15th day of May 2008 NOTARY PUBLIC ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess County Commission Expires Feb. 28, 20 / 0 ", sh91I adopt L f W FA I I No, "" � of P -t -F -F 1 .0 -1 %.e 1 -t-- <:> f` F> " U_> J_ i c=3 -17- i To F A1, I. 1A tl CI FF F)F' FTC r,jjF)f-)l F-Ril"Ai F I a NFLJ 'WRK A'Y I T T rnr t lir Pt I '.. I I iiFF f h+ -:I It F)tit it tr1 qt i OF: (-I i I-, 1,j r -j p p I r, I F A I I t f Cr T N= tJ n o f 1, o id t:_rv p I 11) 1 is f t N F t)J Y 0 P. K cl I I. I -I t: v RECEIVED 'NOT MAY 1 7 2000 W TOWN CLERK �l- �fmI't" ofth LdW 9 §0 A tim Hu th A st the In af�*11 bdnej�,�_`107 10 on Atb&mdy10bo8 ,6 nth day byOROMOrTHE juhla, 2t08, M 7-80'TOWN80ARD P.M.,itthlectown1101- OrfHET'OWN OF tjbwn; of, Wapping6r; ; I WAPPINOIE-N Poughkeepsie Journal Pjhkeepsie, N.Y. RECEIVED AFFIDAVIT OF PUBLICATION MAY t 3 21)(18 State of New York TOWN CLERK County of Dutchess LESLIE SHERADEN Notary Public, State of New York No. 01 SH5018755 ll Commission Expalifieires 1014/20in DCounty City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper printed and published every day in the year 3008 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published In the said newspaper for one insertion successively, in each week, commencing on the ®day of May in the year of 2008 and on the following dates thereafter, namely o ane year of 2008 th days inclusive. , Subscribed and sworn to before me this day of in the year of 2008 Notary Public - MY commission eupires Regular Meeting Minutes June 9, 2008 RESOLUTION: 2008-178 Resolution Adopting Local Law No. I of the Year 2008, Imposing a Temporary Town - Wide Moratorium on Residential Development WHEREAS, the Town Board of the Town of Wappinger duly adopted a resolution introducing a proposed Local Law entitled "Local Law No. of the Year 2008, Imposing a Temporary Town -Wide Moratorium on Residential Development"; 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 June 9, 2008, 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 Proposed Action is a Type II Action not subject to environmental review pursuant to 6 N.Y.C.R.R. §617.5 (c)(30) and pursuant to Town of Wappinger Code § 117- 5 (the Town's Environmental Quality Review Law); 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 of the Town of Wappinger hereby adopts Local Law No.I of the Year 2008 entitled "Local Law No. 1 of the Year 2008, Imposing a Temporary Town -Wide Moratorium on Residential Development", a copy of which is attached hereto and made part of this Resolution. 3. 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. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-178 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Initiator RI ❑ ❑ ❑ Adopted as Amended William Beale Seconder El El ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ E� ❑ Withdrawn Joseph Paoloni Voter 8 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 3 Printed 611812008 LOCAL LAW NO. 1 OF THE YEAR 2008 A Local Law entitled Local Law No. 1 of the Year 2008, Imposing a Temporary Town - Wide Moratorium on Residential Development. 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 Town of Wappinger Local Law No. 1 of 2008 entitled `'Local Law No. 1 of the Year 2008, Imposing a Temporary Town -Wide Moratorium on Residential Development." Section -II: PURPOSE AND INTENT. A. It is the intention of the Town Board of the Town of Wappinger in enacting this Local Law to temporarily suspend Residential Development, as defined in Section IV herein, by the imposition of a temporary moratorium on the issuance of permits and approvals for such Residential Development for a period of six (6) months from the effective date of this Local Law. Provision is made in this Local Law to allow for extension of the six month moratorium if necessary. B. The Town Board previously established a Comprehensive Plan Committee to review the Town's current Comprehensive Plan and to assist in drafting a New Comprehensive Plan. The Comprehensive Plan Committee has held informational meetings and sent questionnaires to obtain input from the residents of the Town. Based on this public input and its deliberations, the Comprehensive Plan Committee prepared a first draft of the New Comprehensive Plan and forwarded it to the Town Board for its review. The Town Board reviewed the first draft and directed that a second draft of the New Comprehensive Plan be prepared. The second draft the New Comprehensive Plan was prepared and public hearings were held thereon by the Town Board and the Comprehensive Plan Committee. Comments from the public were received at the public hearings and the Town Board is currently reviewing those comments in order to determine what revisions are necessary to the second draft of the New Comprehensive Plan. C. When finally adopted, it is anticipated that the New Comprehensive Plan will make recommendations to adjust the boundaries of Zoning Districts as established on the Town Zoning Map and recommendations related to revisions of the land use regulations of the Town, including the Zoning Code. It is also anticipated that the Town Board shall then revise the Town Code and Zoning Map accordingly. D. The purpose of this temporary moratorium is to preserve the status quo of Residential Development in the Town of Wappinger pending the completion and adoption of the Town's new Comprehensive Plan and the enactment of associated revisions and additions to the land use regulations contained in the Town Code. E. The adoption of a New Comprehensive Plan and the amendment of the Town's land use regulations will properly guide future growth throughout the Town in the near-term and on a long range basis in order to: 1. promote the general public health, safety and welfare; 2. preserve the character and the quality of life in the neighborhoods within the 1. Town; 3. ensure that the physical infrastructure of the Town is adequate to provide essential services to residents of the Town and that sufficient financial resources are available to support and maintain said infrastructure; 4. create a proper balance between and among residential, commercial, industrial and public uses within the Town; 5. consider and incorporate the statement of policies, principles and guidelines in the document entitled "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities" dated March 8, 2000, adopted by the Town of Wappinger as set forth in Local Law 1 of 2002; 6. preserve the natural beauty and the natural resources of the Town and promote passive and active recreational uses through the creation, preservation and protection of open spaces and recreational lands; 7. preserve, protect and enhance the existing watersheds, aquifers, streams, ponds and lakes in the Town of Wappinger, by adoption and enforcement of land use regulations that foster the reduction of pollution from stormwater runoff, 8. preserve and protect historic districts and structures within the Town; 9. maintain and appropriately expand the commercial and industrial uses within the Town in order to expand the local economy, broaden the tax base and promote local job growth; and 10. properly manage growth in the Town in such a way to alleviate traffic congestion on roads, streets and highways within the Town. F. The temporary moratorium is being limited to Residential Development because the majority of acreage available for potential development in the Town is zoned for residential uses. Only a small amount of acreage with potential for future development is zoned for non-residential uses. Accordingly, the development of the existing non-residential parcels will not have a substantial impact on the infrastructure of the Town and will not adversely impact the implementation of the New Comprehensive Plan and the adoption of new land use regulations. Additionally, non-residential uses typically N ti benefit the economy of the Town and do not impose significant burdens on the educational and recreational resources of the Town. G. The temporary moratorium does not prohibit the review and approval of subdivisions containing less than five (5) lots because the Town Board has determined that during the pendency of the moratorium the cumulative effect of the approval of such subdivisions will not have a significant impact on the infrastructure of the Town and will not adversely impact the implementation of the New Comprehensive Plan or the adoption of new land use regulations. In reaching this determination, the Town Board has been guided by Public Health Law § 1115 and Article 11 of the Dutchess County Sanitary Code which do not require Dutchess County Department of Health review of subdivisions containing less than 5 lots. H. During the period of this temporary moratorium, the Town Board intends to suspend land use regulations in the Town Code which conflict with the effect and intent of this Local Law. Further, the Town Board specifically intends to supersede the default approval provisions of Town Law § 276 (8) and other provisions of Town Law that conflict with the intent and operation of this Local Law. Section -III: LEGISLATIVE FINDINGS OF FACT. A. The Town Board hereby finds that, pending the completion of the necessary studies, meetings, hearings, environmental review and other actions necessary and incident to proper consideration and adoption of a New Comprehensive Plan and any revisions and amendments of the land use regulations of the Town, reasonable measures must be taken to maintain the status quo with reference to Residential Development within the Town in order to protect the public interest and ensure that future land development will be consistent with the New Comprehensive Plan. B. The Town Board finds that the protection of the public interest and welfare is necessary to prevent premature and inappropriate land use and development that would be inconsistent with the New Comprehensive Plan and prospective land use regulations. C. The Town Board finds that the temporary moratorium shall not apply to non-residential development because there is a limited amount of undeveloped acreage within the Town with non-residential zoning and the development of any existing non-residential parcels will not have a substantial impact on the infrastructure of the Town, nor be inconsistent with the planned goals and objectives of the New Comprehensive Plan. D. The Town Board finds that the temporary moratorium shall not apply to subdivisions of land into less than five (5) lots because the cumulative effect of the creation of such lots, during the pendency of the moratorium, will not have a substantial impact on the infrastructure of the Town and will not be inconsistent with goals and objectives of the New Comprehensive Plan or the enactment of new land use regulations. 3 Section -IV: DEFINITIONS. A. RESIDENTIAL DISTRICTS. The following zoning districts established by Chapter 240 of the Town of Wappinger Code shall be deemed Residential Districts for purposes of this Local Law: 1. R-80 2. R-40/80 3. R-40 4. R-20/40 5. R-20 6. R-15 7. R-10 8. R -2F 9. RMF -3 10. RMF -5 11. PUD Planned Unit Development District 12. MU Mixed Use District 13. HM Hamlet Mixed Use B. RESIDENTIAL USE. 1. The following uses shall be deemed Residential Uses for purposes of this Local Law: (a) 1 -family dwellings, (b) 2 -family dwellings, (c) Multifamily dwellings, (d) Mobile home parks, (e) Temporary housing units (such as Elderly Cottage Housing Opportunity), (f) Family day-care homes, (g) Guest houses and caretaker dwellings, and (h) a grouping of attached or detached structures, containing a mix of residential dwelling units and any other commercial or industrial use (i.e. Mixed Use). M C. RESIDENTIAL DENTELOPMENT. shall be defined as an application for: (a) a subdivision of five (5) or more lots in a Residential District; (b) a Special Permit for a Residential Use under Chapter 240, Articles VII & VIII of the Zoning Code; (c) a Site Development Plan for a Residential Use under Chapter 240, Article IX of the Zoning Code; (d) a Petition to Rezone Property to or from a Residential District under Chapter 240, Article XIII; or (e) a Use Variance under § 240-107(B)(2)(b) that would enable a Residential Use in a non-residential district. Section -V: SCOPE OF CONTROLS. A. During the effective period of this Local Law, the Town Board, the Planning Board, the Zoning Board of Appeals, Director of Code Enforcement, Inspectors and the Zoning Administrator shall not permit, accept, process, interpret, deliberate upon, decide or approve any Residential Development except as set forth in Sections VI and VII below. Section -VI: EXCEPTIONS. A. The foregoing restrictions on Residential Development shall not apply to the following: 1. Subdivisions applications of less than 5 lots in Residential Districts provided that no new roads are required. 2. Subdivisions applications that have received Preliminary Subdivision Plat approval prior to the effective date of this Local Law. 3. Site plans applications or special permits applications that have received conditional approval prior to the effective date of this Local Law. 4. Applications for additions or alterations of existing structures or existing site plans provided the same do not violate existing zoning requirements. Section -VII: HARDSHIP. A. Should any owner of property affected by this Local Law suffer any unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Town Board of the Town of Wappinger in writing for a waiver from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a special permit, site plan, subdivision, variance or other permit during the period of the moratorium imposed by this Local Law. 5 B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a waiver from this Local Law, the Town Board shall, within thirty (30) days of receipt of said application, schedule a Public Hearing on said application upon five (5) days written notice in the official newspaper of the Town. Notice of said public hearing by regular mail, shall be provided to abutting property owners at the address shown on the tax rolls. 2. At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, within fifteen (15) days of the close of said Public Hearing, render its decision either granting or denying the application for variation from the strict requirements of this Local Law. 3. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall waive the application to this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. Section -VIII: PENALTIES FOR OFFENSES. Any person, firm, entity or corporation that shall construct, erect, enlarge or alter any building or structure, in violation of the provisions of this Local Law or shall otherwise violate any of the provisions of this Local Law shall be guilty of a violation and subject to a fine of not less than $200.00 nor more than $1,000.00. Each day that the violation continues shall be a separate offense. Section -IX: CONFLICTING LAWS SUPERSEDED. All local laws, ordinances, or parts of local laws and ordinances, of the Town of Wappinger that are in conflict with the provisions of this Local Law are hereby suspended to the extent necessary to give this Local Law full force and effect during the effective period of the moratorium. Section -X: SUPERSESSION OF THE TOWN LAW. This Local Law is hereby adopted pursuant to Municipal Home Rules Law § 10(1)(i) and §10(1)(ii)(a)(14) and Statute of Local Governments §10(6) of the State of New York. It is the 0 intent of the Town Board, pursuant to Municipal Home Rules Law §10(1)(ii)(d)(3) to supersede the following provisions of the New York State Town Law, Chapter 16 relating to time limits in connection with zoning and planning determinations: A. Town Law §265 (Public Hearing Procedure for Rezoning Application) B. Town Law §267-a (5) (Time for ZBA to act on variance); C. Town Law §274-a (8) (Public Hearing on Site Plan); D. Town Law §274-a (10) (SEQRA requirements for Site Plan); E. Town Law §274-b (6) (Public Hearing on Special Permit); F. Town Law §274-b (8) (SEQRA requirements for Special Permit); G. Town Law §276(5) (Procedure for Approval of Preliminary Subdivision Plats); H. Town Law §276(6) (Procedure for Approval of Preliminary Subdivision Plats); and I. Town Law §276(8) (Default Approval of Subdivision Plats). Section -XI: SEVERABILITY. A. If a court of competent jurisdiction finds any provision(s) of this law invalid, in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid, and all other provisions of the law shall continue to be separately and fully effective. B. If a court of competent jurisdiction finds the application of any provision of this law to any building, other structure of tract of land to be invalid, in whole or in part, the effect of such decisions shall be limited to the person, property or situation involved in the controversy, and the application of any such provision to any other person, property or situation shall not be affected. C. 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 application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger 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. 7 Section -XII: TERM. This Local Law shall remain in force for a period of six (6) months from its effective date. This local law is subject to review and renewal by the Town Board of the Town of Wappinger for two (2) additional six (6) month extensions by Town Board Resolution. Section -XIII: EFFECTIVE DATE. This Local Law shall take effect upon its adoption and filing with the Secretary of State dil in accordance with the provisions of Section 27 of the Municipal Home Rule Law. Regular Meeting Minutes June 9, 2008 V. Discussions A. Carnwath (Access Road, Roof Preservation) - Bob Gray Supervisor Colsey opened the discussion at 7:14 PM. Bob Gray, Engineer to the Town, discussed the project to repair the Carnwath roof first. His office has looked at the roof and prepared four proposals. The first two proposals are for the lower roof, which measures approximately 20X20 and is in serious need for waterproofing. Supervisor Colsey explained that there is a lower flat roof and a first -floor angle bay roof. The proposals are to put tarps on those roofs. There is another proposal to do maintenance and to seal off the upper mansion roof. The last proposal is to take down and stabilize the chimneys. Frank Algier and David Lawrence, from Vanguard Roofing, have been helping Mr. Gray along the way. Supervisor Colsey listed the qualifications of Mr. Gray, Mr. Algier, Mr. Lawrence and Vanguard Roofing. Mr. Algier explained the four proposals in depth, beginning with the Chimney Demolition proposal. The large chimney will be taken down to a legal height and then stabilized, capped and sealed. The lower chimney will be stabilized to be repaired at a future date. The total cost for those two items, at prevailing wage rates, is $6244. The next proposal was for the lower flat roof. He described the components of the roof and the defects associated with the components. He noted that the roof is not salvageable. There is an option to cover the roof with a tarp and another to do a new roof. The tarp proposal total is $2387. The cost of a new permanent roof is $13,419. Councilman Bettina asked if the structural integrity of the roof was not in question. Mr. Algier did not answer directly but did note that he had several workers on the roof that feel the deterioration is primarily in the decking. Mr. Gray noted that the Town had extensive reinforcing done to the structure in the previous year. Councilman Bettina followed up by asking if the roof structure is in any danger of collapsing. Mr. Gray confirmed that it is in good condition. Supervisor Colsey asked what the life expectancy of the roof would be after following through with Mr. Algier's proposal. Mr. Algier gave the rubber roof a life in excess of 15 years with a 10 year warranty. Councilman Paoloni asked how this compares with the roof that was proposed in the previous administration. Mr. Gray explained that Mr. Algier was not privy to to elements of previous proposals. Councilman Paoloni noted that the price for this proposal is considerably less than the price of the previous proposal. Mr. Algier answered that this proposal is only for the two lower roofs and not the entire roof. Councilman Bettina asked what it would cost to do the entire roof so that he could compare the cost to the cost of the previous project. Supervisor Colsey noted that he asked for the estimates that have been provided in order to get beyond the emergency and have time to plan the project out. Councilman Beale asked if the main roof was in a condition that needed to be replaced now. Mr. Algier answered that this would buy time on the main upper roof. The lower roofs, he went on to say, are not worth saving. Councilman Paoloni added that he would like the cost of the roof to see if buying time would even make sense. The third proposal was for the first floor angle bay roof. Mr. Algier explained the deterioration and the proposed repairs to the roof. The cost of the option to tarp is $1973. The cost of the option to do the single -ply thermoplastic would be $12,463. Supervisor Colsey asked what the life expectancy would be. Mr. Algier answered that they would exceed 15 years and it is not uncommon for them to live for 20 years. The final proposal is for the main upper roof. With a little bit of additional care in that area, the life of the roof could be stretched out for 3-5 years. Mr. Algier described the condition of the main roof and the work that would need to be done. The cost of this proposal is $8232. Supervisor Colsey asked what the square footage of the main roof is. Mr. Algier did not know, but replied that it was significantly larger. He also described the manner in which the main roof sheds water. He recommended that the roof be opened up to see how many layers there are. Councilman Paoloni noted that his original request was to look at all parts of the roof. He would like to see the main roof be included. Mr. Gray replied that the lower roofs are bad enough that something needs to be done right away. Councilman Paoloni asked if 3 of the 4 proposals could proceed. Mr. Gray answered that the upper roof is not as critical. Councilman Beale agreed that he would like to move forward with the three proposals. He noted that the proposals are only good until June 15th. Councilman Beale made a motion to add the vote to approve the proposals to the Agenda by unanimous consent. The motion was left on the table and Mr. Gray moved on to the discussion regarding the Carnwath fence. Mr. Gray gave a brief history of the fence. He concluded saying that it was no longer necessary to build a new access road for the Sports Museum. The building is now stable enough to allow safe passage on the existing road. The road does need to be widened by approximately ten feet and would cost between $10,000420,000, depending on the type of retaining wall that would be needed. Supervisor Colsey asked for more solid numbers. Councilman Bettina brought the discussion back to the main roof proposals. He noted that there is a significant discrepancy between what he was told and what is coming in now. Town of Wappinger Page 4 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 Supervisor Colsey asked for a motion to add the resolution for three of the four proposals. Councilman Beale made the motion. Councilman Bettina seconded the motion. Councilman Beale clarified that he does not want the tarp option. He would like to completely replace the roof. Councilman Paoloni noted that the total for the motion is just over $32,100. The motion passed unanimously and the item was added to the Agenda. Councilman Paoloni then made a motion to approve the proposals for the chimney work, the lower flat roof and the first floor angle bay roof, at a cost of $32,126. Al Roberts, Town Attorney, and Supervisor Colsey both stated that this is subject to going out to bid. Councilman Paoloni then commented that the Town would not get this price, as the estimate expires June 15th. Councilman Bettina asked if this was an emergency situation. Mr. Gray described the conditions. Councilman Paoloni asked if the January 2007 emergency had ever been lifted. Councilwoman McCarthy answered that the emergency was over when the shoring and stabilization work was completed. Mr. Roberts added that someone would need to make the determination. Mr. Gray explained that his staff approached this project with the understanding that this was an emergency. Discussion followed. Mr. Gray recapped the discussion to this point for Councilwoman McCarthy. Councilman Paoloni pointed out that this building was considered an emergency in January of 2007. A year passed and it was no longer an emergency. Now it is an emergency again. Councilwoman McCarthy commented that it is a different emergency. She went on to explain the difference between the two emergencies. Discussion followed about the definition of emergency and who can declare the building an emergency. Councilman Bettina noted that there was an asbestos abatement project before the Board along with the previous roof replacement proposal. He added that this total is substantially less than the last quote. There is no mention of asbestos abatement in these proposals, so he would like to know where that fits in. Mr. Gray explained the next steps regarding the roof. When the Town gets the roof off, asbestos materials may be found. Councilwoman McCarthy asked for a copy of the original estimate. Supervisor Colsey asked Councilman Paoloni to amend his motion. Councilman Bettina made a motion to take a look at fixing the roofs and adding the larger roof into the proposal. Councilman Paoloni seconded. Councilman Bettina added that the proposals would need to be brought back to the Board for review. Supervisor Colsey clarified that the motion is to authorize the project to go out to bid. It is not authorizing the work. Discussion followed. Mr. Gray noted that the lower roof projects were more simple than the main roof. The main roof would require a complete contract book. Councilman Bettina withdrew his motion. Councilman Paoloni asked that Councilman Bettina not withdraw part of his motion. Councilman Paoloni then made a motion for the two lower roof projects and the one chimney projects to go out to bid. Councilman Bettina seconded the motion. The motion passed 3-1, with Councilwoman McCarthy abstaining. Councilman Bettina made a motion that the main roof project be reviewed so that the Board could have a cost to compare to the cost of the previous proposal. The Town Clerk, Chris Masterson, asked for clarification on the motion. Councilman Bettina clarified his motion to be a motion that the main roof repairs be put out to bid and be brought to the Board for review. Councilwoman McCarthy added that it would come back to the Board before going out to bid. Councilman Bettina confirmed and went on to say that this is an estimate that he is asking for. Councilwoman McCarthy commented that she does not want it to go out to bid yet as she would like to compare the original structural engineer report to the report that Mr. Gray will come up with. Councilman Paoloni seconded the motion. Supervisor Colsey called for a vote. The motion passed unanimously. The discussion was then closed at 8:12 PM. Motion To: add Carnwath Roof to Agenda by unanimous consent RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Town of Wappinger Page 5 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 Motion To: put two lower roof projects and one chimney out to bid RESULT: ADOPTED [4 TO 01 MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSTAIN: Maureen McCarthy Motion To: put main roof out to get estimates and be brought to the Board for review RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni B. Town Hall Sign - Councilman Beale Supervisor Colsey opened the discussion at 8:12 PM. Councilman Beale commented that he would like a sign, similar to the sign at Schlathaus Park, that could be placed at the Town Hall. This would inform residents on that side of the Town about what is going on. He suggested a location between the Emergency Services Building and the Town Hall. He also asked who maintains the Town's signs that are in place. Graham Foster, Highway Superintendent, replied that Recreation maintains the signs. Supervisor Colsey noted that he has a verbal proposal for a sign for Town Hall. This particular sign is similar to the Schlathaus Park sign and would cost $3200. Councilman Paoloni asked if the Town would have to choose the lowest bid even if the Board prefers another more expensive bid. Al Roberts, Town Attorney, replied that the Town would be required to select the lowest bid from the lowest responsible bidder. Supervisor Colsey closed the discussion at 8:14 PM. C. Emergency Services Building Fire Inspection Report - Mark Liebermann Supervisor Colsey opened the discussion at 8:15 PM. Councilman Beale pointed out that Mark Liebermann, Fire Inspector, was not present due to a scheduling conflict. He asked that this topic be put on the next Town Board Meeting. Supervisor Colsey agreed. Councilman Beale asked if the fire alarm issue in the Emergency Services Building has been addressed. Supervisor Colsey answered that Art Platt, of Platts Country Village Locksmith, Inc., gave a rough estimate of $12,000. He has been asked to give a firm itemized estimate. Councilman Beale asked that Mr. Liebermann be prepared to discuss this at the next Meeting. Supervisor Colsey added that the expired fire extinguishers have been certified. Councilman Beale then mentioned that there are contradictory statements in the lease agreement for the tenants of that building with regards to capital improvements. Jim Horan, Town Attorney, explained that in the TransCare lease, the tenant is responsible for all repairs to the building. In the State Police lease, it seems that the Town is responsible for most of the capital improvements to the building. Councilman Bettina asked why the lease for one tenant could be different from the other. Mr. Horan answered that the State Police lease is based on agreements that New York State will agree to. Councilman Paoloni asked if Mr. Liebermann uncovered that the building wasn't in compliance. Supervisor Colsey recalled that the fire alarm has not been working since 2006. Councilman Paoloni asked why the professional in that area wouldn't act with that knowledge. Councilman Beale replied that the fire alarm system is one system for the entire building. The issue that needs to be discussed is who is responsible for that system. Councilman Paoloni commented that the Board is made up of people from various fields. The Town has professionals that investigate such issues. He would like that question addressed. Discussion followed. Councilwoman McCarthy asked if the Town inspects its buildings. If this building is not in compliance and it has not been inspected, that is also a problem. She wants the fire inspector at the next meeting. Supervisor Colsey tabled this discussion and will ask Mr. Liebermann to be at the next meeting. Al Roberts, Town Attorney, noted that each unit (State Police and Sloper-Willen) was constructed pursuant to separate specifications provided by each entity. The Town would need to go back and determine how the specifications for each unit were compiled. Discussion followed. Supervisor Colsey closed the discussion at 8:23 PM. Town of Wappinger Page 6 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 D. Town Hall/Highway Garage Inspection Report - George Kolb, Bob Gray Supervisor Colsey opened the discussion at 8:23 PM. George Kolb, Director of Code Enforcement, explained that he was asked by the Town Board to conduct a building inventory. He began with the more important buildings in the Town; specifically, the Highway Garage. He spent the last month or so compiling a history of the entire facility. That history has been provided to the Board. Along with that is a report from the Fire Inspector, a report from the Highway Superintendent and a report from the Town Engineer. Councilman Bettina asked if the building was suitable to keep working in. Mr. Kolb answered that he has no Certificates of Occupancy (CO) for any of the buildings, with the exception of the voting machine storage building. He clarified that, if a building is being used, it requires a CO. Half of the buildings that require permits and inspections were not issued them. The biggest problem with the site is the tremendous amount of safety violations. He recommends that the Board make a decision to repair or replace the structures. Discussion followed. Mr. Kolb noted that the next buildings to be looked at will most likely be the Town Hall and the Emergency Services Building. Councilwoman McCarthy stated that she appreciates the work that Mr. Kolb has put in to the research so far. Mr. Kolb commented that there are severe safety issues at the Highway site that need to be addressed immediately. The secretary's office is the first item. He recommends bringing in a construction trailer to operate from and working on a plan to rebuild or repair the facility. Councilwoman McCarthy asked if there are any structures that could be used instead of bringing in a trailer. Mr. Kolb was not sure. Supervisor Colsey asked if the Highway Department secretary needed to be on site. Graham Foster, Highway Superintendent, answered that the secretary handles the intercom and answers questions for walk-in people. Councilwoman McCarthy asked if those people and the phone lines could be redirected to an alternate location. Mr. Foster replied that he does not see how that could be possible. Councilman Bettina discussed the capabilities of the trailers available and noted that they could be rented at a reasonable price. Bob Gray, Town Engineer, added that the trailers cost about $300-$350 per month with an additional set-up fee. Councilwoman McCarthy again asked about the option to move Mr. Foster and his secretary. Mr. Foster commented that it is not an option for him to be away from the site. Councilman Bettina again voiced support for the idea of the trailer. Mr. Kolb mentioned that the voting storage building could be renovated to house office space. Mr. Gray noted that the building has no heat, insulation or electricity. Councilwoman McCarthy stated that she would like to utilize space that the Town already has than add to space that the Town is already having trouble maintaining, with an indefinite lease and an indefinite expenditure. Before committing to a trailer, she would like all options looked into. Mr. Foster replied that this would take away all efficiency. Supervisor Colsey pointed out that there is a Building Committee. He asked that Mr. Foster meet with the Building Committee. Councilman Beale asked if the Carbon Monoxide Detector was installed. Mr. Foster confirmed. Councilman Beale then stated that he wants the Town to enter into an intermunicipal agreement to use a joint highway facility. Ralph Holt, Recreation Commission Chairman, asked how these buildings could get to such a condition. Discussion followed. Supervisor Colsey closed the discussion at 8:40 PM. E. Arlene Drive - Al Roberts Supervisor Colsey opened the discussion at 8:40 PM. Al Roberts, Town Attorney, gave a brief background on the issue. Graham Foster received a letter back in February from an attorney representing one of the parties to the sale of the apartment complex located off of Maloney Road. During the title search, it was discovered that the Town Board had accepted what was basically an internal road to the apartment complex. Research disclosed that the County Real Property Tax Service Department had a note on the real property card that the Town had disclaimed ownership. The County does not know who put the note there. The practice and the consensus in all of the municipalities that Mr. Roberts is associated with, is that the Town does not accept private roads serving apartment complexes. In his opinion, this case is clearly a mistake. The road was accepted in 1967 in the deed recording. Since 1971, a tax grid number was assigned to the parcel and someone has been paying the taxes. Graham Foster, Highway Superintendent, has commented that, as long as he has been Town Highway Superintendent, the Town has never used, maintained, repaired or exercised any dominion or control over it. Mr. Foster's staff does not recall doing anything either. It is the opinion of the Town Attorney and Highway Superintendent that this was an error in judgment and should be conveyed back to the apartment complex owners. He also noted it is more of a liability than anything else. There are some technical glitches since the Town did acquire the road by deed. Mr. Roberts had told the attorney that the Town would need nominal consideration for the conveyance. The attorney agreed to pay $1500. Mr. Roberts feels that it should be conveyed back as quickly as possible Discussion followed. Supervisor Colsey closed the discussion at 8:46 PM. Town of Wappinger Page 7 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 F. Cranberry Hills Zoning - Joseph Paoloni Supervisor Colsey opened the discussion at 8:47 PM. He commented that this would be in Executive Session. Councilman Paoloni explained that he only wanted to ask a simple question pertaining to the Master Plan. He wanted clarification about including items as part of the Master Plan design. He noted that this project is not under contract nor under lawsuit, and yet it still cannot be visited in terms of the scope of the Master Plan. Al Roberts, Town Attorney, answered that it should be studied as part of the Master Plan. That was the purpose of the Moratorium. Discussion followed. Supervisor Colsey closed the discussion at 8:48 PM. G. Town Interim Financial Report - Supervisor Colsey Supervisor Colsey made a statement relative to the Town's interim financial report. The Town had to submit a report to the New York State Comptroller's Office. It was a report on the 2007 finances. The report was due to the State on May 1 st. As Town Supervisor and Chief Fiscal Officer, Supervisor Colsey is responsible to provide oversight to the Town's finances. This report will be one of many that he will be providing during his tenure. He noted that the Board will hopefully be voting on the Town Accountant and a clerk position. Prior to his administration, the accounting department was understaffed due to the proper termination of the former bookkeeper. For the past few months, his team and he have completed a significant amount of work to reconcile the 2007 books, while maintaining the 2008 records. He thanked the Board for hiring Rita Brennan. She helped complete the Annual Update Document and got it up to the Office of the State Comptroller. There were items that the Supervisor wished to note for the Board's information. The Town did have a mistake on the reporting to the IRS in 2006. That report was improperly completed. Regina Dauzat, the current bookkeeper, put together documents that led to successfully avoiding a $10,000 assessment. The Town's bank reconciliation statements were not done from May to the end of 2007. The Supervisor then reported that hundreds of accounting adjustment entries for 2007 were not done. Rita Brannan, Regina Dauzat and Sedore & O'Sullivan are well on the way to correcting that. The entries will be completed before the Preliminary Budget. Supervisor Colsey explained that he is not suggesting that the Town is missing any money or that anything illegal was done. The last item mentioned had to do with escrow accounts. There are approximately 250 escrow accounts and are way out of bounds. Some of the accounts were off for five or more years and some for just a few years. The Agenda has refunds for escrows that have been cleaned up. There is an escrow that the Supervisor used as an example that is $80,000 in arrears. That has been reconciled to the point that the people that are liable for the funds can be billed. He expects to encounter problems with builders that have completed the projects and perhaps have moved on to other projects. Supervisor Colsey commented that the hiring of the Town Accountant is a great step for the Town. This will help improve the Town's business posture, will help with the Budget process and will help keep the books up-to-date. Councilman Bettina noted that he is the senior member of the Board and has seen three Comptrollers come and go. He also pointed out that he asked for the CPA and is happy that the Board Members came together on it. Councilman Paoloni recalled a Town Board Meeting during which Linda Hannigan, of Sedore & O'Sullivan, provided a report giving the Town a clean bill of health. Councilman Beale noted that the report was probably pertaining to 2006. Councilman Paoloni went on to say that his original concerns about the escrows are still valid. He hears the escrows are fine one day and not fine another day. Supervisor Colsey had a copy of the Sedore report for 12/31/2006. He listed the topics that were on that report. Councilman Paoloni explained that the purpose of his comment is to question Sedore & O'Sullivan. He was told the Town got a clean bill of health. What he is hearing now with the escrows means that the clean bill of health was not true. Councilman Paoloni then brought up the extension of the accounting clerk. He noted that the contract was for a certain number of weeks. Supervisor Colsey replied that it was written to expire May 31 st. Councilman Paoloni asked if that was regardless of the time put in. Supervisor Colsey confirmed. Discussion followed. Councilman Paoloni then asked what accounting clerk was being hired now. Supervisor Colsey answered that the Town Board interviewed one applicant. He doesn't recall the person's name. Councilwoman McCarthy commented that the Supervisor recommended that Susan Randall apply. Supervisor Colsey clarified that he did not recommend that she apply. Ms. Randall applied on her own. Councilwoman McCarthy recalled discussing the fact that Susan Randall would be well suited to slide into that spot. Discussion followed. Supervisor Colsey closed the discussion at 9:03 PM. Town of Wappinger Page 8 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 VI. Tax Certiorari A. 2008 AssessmenNGrievance Day Interim Report - Chris Harkins Supervisor Colsey opened the discussion at 9:05 PM. Chris Harkins, Town Joint Assessor, and Scott Volkman, an attorney hired by the Town for tax certioraries, were on hand to discuss the 2008 Grievance Day. Mr. Harkins explained that this year's Grievance Day was excellent. There were less than 300 grievances, compared to over 1000 in 2007. Supervisor Colsey added that the Assessor let people come in, even on Saturdays, to go over their assessments. Councilman Bettina commented that Mr. Harkins did an admirable job. Councilman Beale asked how the Wappinger Grievance Day compared to Fishkill. Mr. Harkins answered that Fishkill dropped from approximately 800 down to less than 200. Under the State guidelines he needs to inspect 20% of the properties every year. Councilwoman McCarthy asked how the properties are selected. Mr. Harkins replied that it doesn't matter as long as he sees all of the properties. He does choose to see the neighborhoods that had the most grievances first. He went on to say that the Edgehill neighborhood had the most. Councilman Paoloni asked for an update on the issue with East Fishkill. He reminded the Board that the East Fishkill assessor lowered the assessments across the board. He wanted to make sure that there is some sort of coordination that one town doesn't lower the assessments to far down. He also mentioned that perhaps Wappinger should lower the assessments to at least be equal with East Fishkill. He explained that the school tax levy had to be spread across a smaller base in Wappinger. The commercial in East Fishkill was significantly less. The mean is drawn from the sum of the residential assessments for the five towns and the sum of the commercial assessments for the five towns. Being above the mean leads to the Wappinger residents subsidizing the other town's non-commercial. The 5% differential had to be picked up by the other towns. He asked if anything is going to be done. Mr. Harkins answered that the towns need to be within the State's guidelines of the 100% equalization. He knows what East Fishkill did and he notes that Wappinger is on par now. Wappinger follows the downward trend of the market. Wappinger may have even shifted downward a little more than East Fishkill did. Councilman Paoloni asked if there is any mechanism in place to make sure that the problem doesn't arise again. Mr. Harkins replied that the State analyzes each town's assessment rule. It makes sure that the towns are within the proper range of the equalization rate. He met with the CAP Assessors in the other towns as well. He then briefly discussed the tax certioraries that have been closed and are on the Agenda. Discussion followed. Supervisor Colsey closed the discussion at 9:19 PM. RESOLUTION: 2008-160 Resolution Authorizing Settlement of Tax Certiorari - Airport Drive WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2007 by Airport Drive Properties, LLC, regarding premises located at 72 Airport Drive, Unit 1-5, Unit 1-3, Unit 1-6, Unit 2-2 and Unit 2-3, Grid #'s 6259-04-689748- 00; 6259-04-690753-00; 6259-04-688745-00; 6259-04-702742-00; and 6259-04-702744-00, seeking a reduction in the 2007 tax assessment for the respective tax roll; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2007, as it pertains to Grid #'s 6259-04-689748-00; 6259-04-690753-00; 6259-04-688745-00; 6259-04-702742-00; and 6259-04-702744-00, as follows: 6259-04-689748-00 Original Revised Tax Year Assessment Assessment Reduction 2007 300,000 150,000 150,000 6259-04-690753-00 Original Revised Tax Year Assessment Assessment Reduction 2007 300,000 150,000 150,000 6259-04-688745-00 Original Revised Town of Wappinger Page 9 Printed 6/18/2008 F Regular Meeting Minutes June 9, 2008 Tax Year Assessment Assessment Reduction 2007 300,000 150,000 150,000 6259-04-702742-00 Original Revised Tax Year Assessment Assessment Reduction 2007 300,000 150,000 150,000 6259-04-702744-00 Original Revised Tax Year Assessment Assessment Reduction 2007 300,000 150,000 150,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008'-160' Assessment Assessment Reduction 2007/2008 6,200,000.00 a Adopted _ _ Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter RI ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 8 ❑ ❑ ❑ Joseph Paoloni Voter 00 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-161 Resolution Authorizing Settlement of Tax Certiorari - K&J Partnership WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2007 by K&J Partnership regarding premises located at 1083 Route 9, Grid # 6156-02-710924-00, seeking a reduction in the 2007 tax assessment for the tax roll; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2007, as it pertains to Grid No.: 6156-02-710924-00, as follows: Original Revised Tax Year Assessment Assessment Reduction 2007/2008 6,200,000.00 5,500,000.00 700,000.00 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. Town of Wappinger Page 10 Printed 611812008 Regular Meeting Minutes June 9, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-161 536,000 2005 536,000 2006 536,000 2007 2,600,000 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 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-162 Resolution Authorizing Settlement of Tax Certiorari - Riverview Land Company WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2004, 2005, 2006 and 2007 by Riverview Land Company, LLC, regarding premises located at 157 River Road North, Grid # 6056-01-174862-00, seeking a reduction in the 2004 through 2007 tax assessment for those respective tax roll; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2007, as it pertains to Grid No.: 6056-01-174862-00. Original Revised Tax Year Assessment 2004 536,000 2005 536,000 2006 536,000 2007 2,600,000 Assessment Reduction 376,900 159,000 335,750 200,250 297,500 238,500 850,000 1,750,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-162 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 11 ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ 13 11 ❑ Defeated ❑ Vincent Bettina Seconder 0 ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ 13 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-163 Resolution Authorizing Settlement of Tax Certiorari - Wappingers Falls Owners Corp. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006 and 2007 by Wappingers Falls Owners Corp. regarding premises located at 1548 Route 9, Grid # 6158-19-619142-00, seeking a reduction in the 1996 through 2007 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2007, as it pertains to Grid No.: 6158-19-619142-00, as follows: Tonin of Wappinger Page 1 i Printed 611812008 Regular Meeting Minutes June 9, 2008 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-163 Original Revised Tax Year Assessment Assessment Reduction 1996 1,340,000 1,340,000 -0- 1997 1,340,000 1,340,000 -0- 1998 1,340,000 1,340,000 -0- 1999 1,340,000 1,340,000 -0- 2000 1,340,000 1,340,000 -0- 2001 1,340,000 1,340,000 -0- 2002 1,340,000 1,340,000 -0- 2003 1,340,000 1,234,650 105,350 2004 1,340,000 1,213,293 126,707 2005 1,340,000 1,152,650 187,350 2006 1,340,000 1,152,650 187,350 2007 6,400,000 3,600,000 2,800,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-163 Original Revised Tax Year Assessment Assessment Reduction 1999 1,006,200 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ 1:1 Withdrawn Maureen McCarthy Seconder 0 ❑ 13 Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-164 Resolution Authorizing Settlement of Tax Certiorari - Wappingers Mobile Home Park WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 1999, 2000, 2001, 2002, 2003, 2004, 2006 and 2007 by Wappingers Falls Mobile Home Park, Inc., regarding premises known as Wappingers Falls Mobile Home Park located at 91-95 New Hackensack Road, Grid # 6158-02-700710-00, seeking a reduction in the 1999 through 2007 (exclusive of 2005) tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 1999 though 2007(exclusive of 2005), as it pertains to Grid No.: 6158- 02-700710-00, as follows: BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all Town of Wappinger Page 12 Printed 6/18/2008 Original Revised Tax Year Assessment Assessment Reduction 1999 1,006,200 933,600 726,000 2000 976,700 933,600 43,100 2001 972,900 933,600 43,100 2002 1,005,900 933,600 723,000 2003 1,005,900 933,600 723,000 2004 1,005,900 933,600 723,000 2005 No filing 2006 1,005,900 933,600 723,000 2007 3,312,500 3,312,500 -0- BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all Town of Wappinger Page 12 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-164 $ 609,800 2000 $ 609,800 2001 $ 609,800 2002 Yes/Aye No/Nay Abstain Absent ® Adopted -- Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-165 Resolution Authorizing Settlement of Tax Certiorari - Holiday Bowl WHEREAS, there are now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 1999, 2000, 2001, 2002, 2004, 2005, 2006, and 2007 by the Hoeventure, L.L.C. regarding premises known as Holiday Bowl, 1677 Route 9, Grid #6158-14- 491476, seeking a reduction in the 1999 through 2007 (exclusive of 2003) tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on each of these tax review proceedings NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 1996 though the year 2007 (exclusive of 2003), as it pertains to Grid No.: 6158-14-491476, as follows: YEAR ASSESSMENT 1999 $ 609,800 2000 $ 609,800 2001 $ 609,800 2002 $ 609,800 2003 NO FILING 2004 $ 609,800 2005 $ 609,800 2006 $ 609,800 2007 $2,200,000 REVISED ASSESSMENT REDUCTION $ 609,800 -0- $ 609,800 -0- $ 609,800 -0- $ 609,800 -0- $ 487,840 $121,960 $ 487,840 $121,960 $ 487,840 $121,960 $1,750,000 $450,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor, and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-165 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 13 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 RESOLUTION: 2008-166 Resolution Authorizing Settlement of Tax Certiorari - Imperial Blvd WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2007 by Loewen Development of Wappingers Falls, LP regarding premises located at 67-72 Imperial Blvd., Grid # 6158-19-646130-00, seeking a reduction in the 2007 tax assessment for the tax roll; and WHEREAS, the Town Assessor recommends a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2007, as it pertains to Grid No.: 6158-19-646130-00, as follows: Original Revised Tax Year Assessment Assessment Reduction 2007 11,000,000.00 7,500,000.00 3,500,000.00 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-166 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-167 Resolution Authorizing Settlement of Tax Certiorari - Sunny Gardens WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2007 by R&B Properties, Inc., regarding premises known as Sunny Gardens Greenhouse, located at 2283 Route 9, Grid # 6057-04-963316-00, seeking a reduction in the 2007 tax assessment for that respective tax roll; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2007, as it pertains to Grid No.: 6057-04-963316-00, as follows: Original Revised Tax Year Assessment Assessment Reduction 2007 600,000 300,000 300,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. Town of Wappinger Page 14 Printed 6/1812008 Regular Meeting Minutes June 9, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-167 Original Revised Tax Year Assessment Assessment Reduction 1999 2,509,300 Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-168 Resolution Authorizing the Settlement of Tax Certiorari - Roberts Running Creek WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 1999, 2000, 2001, 2002, 2003, 2004, 2006, and 2007 by Roberts Running Creek Mobile Home Park, Inc., regarding premises known as Roberts Running Creek Mobile Home Park located at 1 Laurenda Lane, Grid # 6358-03-288170-00, seeking a reduction in the 1999 through 2007 (exclusive of 2005) tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 1999 through 2007 (exclusive of 2005), as it pertains to Grid No.: 6358-03-288170-00. BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-168 Original Revised Tax Year Assessment Assessment Reduction 1999 2,509,300 1,741,200 768,100 2000 2,286,400 1,741,200 545,200 2001 2,170,200 1,741,200 429,000 2002 2,247,800 1,741,200 506,600 2003 2,247,800 1,741,200 506,600 2004 2,247,800 1,741,200 506,600 2005 No Filing Vincent Bettina Voter 0 2006 2,247,800 1,741,200 506,600 2007 5,472,000 5,472,000 -0- BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-168 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-169 Resolution Authorizing Settlement of Tax Certiorari - Rawls Leisure Living, Inc. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 1999, 2000, 2001, 2002, 2003, 2004, 2006 and 2007 by Rawls Leisure Living, Inc., regarding premises located at 52 Osbourne Hill Road, Grid # 6156-02-578907-00, Town of Wappinger Page 15 Printed 6/18/2008 T1j Tj Regular Meeting Minutes June 9, 2008 seeking a reduction in the 1999 through 2007 (exclusive of 2005) tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 1999 through 2007 (exclusive of 2005), as it pertains to Grid No.: 6156-02-578907-00, as follows: BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-169 Original Revised 918,000 Tax Year Assessment Assessment Reduction 1999 659,900 412,300 247,600 2000 639,700 412,300 247,400 2001 652,300 412,300 240,000 2002 599,200 412,300 186,900 2003 599,200 412,300 186,900 2004 599,200 412,300 186,900 2005 No Filing 2006 599,200 623,500 211,200 2007 1,592,500 1,592,500 -0- BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-169 918,000 2003 918,000 2004 918,000 El Adopted 2006 918,000 Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter it ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder El ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-170 Resolution Authorizing Settlement of Tax Certiorari - Maric WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2002, 2003, 2004, 2005, 2006 and 2007 by Maric, LLC, regarding premises located at 1429 Route 9 and 1445 Route 9, Grid #'s 6157-02-607815-00 and 6157-02- 607850-00, seeking a reduction in the 2002 through 2007 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 2002 through 2007, as it pertains to Grid #'s 6157-02-607815-00 and 6157-02-607850-00 as follows: 6157-02-607815-00 Original Tax Year Assessment 2002 918,000 2003 918,000 2004 918,000 2005 918,000 2006 918,000 2007 3,800,000 Revised Assessment Reduction 918,000 -0- 918,000 -0- 842,460 75,540 780,125 137,875 752,500 165,500 2,250,000 1,550,000 Town of Wappinger Page 16 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 VII. Vlll. 6157-02-607850-00 Original Tax Year Assessment 2002 750,000 2003 750,000 2004 750,000 2005 750,000 2006 750,000 2007 2,400,000 Revised Assessment Reduction 750,000 -0- 750,000 -0- 687,270 62,730 641,875 108,125 621,250 128,750 1,850,000 550,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-170 Yes/Aye No/Nay Abstain Absent 0 Adopted -- Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ 11❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 El ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. Minutes Approval A. Councilman Bettina correction to Minutes of 2008-05-12 Councilman Bettina had a correction to be made with regards to the Town Board Minutes for 2008-05-12. On page 5, in the Pet Crematorium discussion, the Minutes reflect that Councilman Bettina said, "...while this will be for pets, there is also a need for humans". According to Councilman Bettina, what he was saying was that it was going to be looked into for the Master Plan. Supervisor Colsey asked the Town Clerk, Chris Masterson, if he caught what the Councilman was correcting. Mr. Masterson replied that he did not but will check the audio after the Meeting. The Town Clerk then provided the recorder to the Councilman to make his correction statement. Councilman Bettina stated for the record the following: "If there's gonna be a... A constituent asked what they were gonna do about a human crematorium. I sent that over to the Master Plan Committee to review what necessary language has to be put in for that." Supervisor Colsey asked if there were any other comments on the Minutes. There were none. Councilwoman McCarthy made a motion to accept the Minutes. The motion was seconded by Councilman Beale and passed unanimously. Monday, May 12, 2008 ✓ Vote Record - Acceptance of Minutes for May 12 2008 7:00 PM Yes/Aye No/Nay Abstain Absent ® Christopher Colsey Voter 0 ❑ ❑ ❑ Accepted William Beale Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2008-177 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. Town of Wappinger Page 17 Printed 6/18/2008 rt Regular Meeting Minutes June 9, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-177 suspend the Rules for public comment on the Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. IX. Public Portion Motion To: suspend the Rules for public comment on the Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Comments on the Agenda Items Supervisor Colsey asked for a motion to suspend the Rules for public comment on the Agenda items. Councilman Bettina made the motion. It was seconded by Councilwoman McCarthy and passed unanimously. Concetta Olivieri asked if she heard correctly that there are "lines missing that were unaccounted for in an open safe". Supervisor Colsey replied that her question relates to escrow monies and goes back to 2006. Monies that were held overnight in the Building Department were held in a filing cabinet. It is now being recommended that the monies be kept in a locked fire safe. Mrs. Olivieri asked if there were monies missing. Supervisor Colsey answered that this is all about record keeping relative to the escrows. Councilman Bettina clarified that there are no monies missing. Supervisor Colsey added that there are monies that need to be collected in order to bring the escrows up to balance. That is what was meant when Mrs. Olivieri heard "monies missing". Discussion about the refunding of escrows followed. Mrs. Olivieri asked how far behind the Town is. Supervisor Colsey answered that the invoicing just started. He does not believe that any invoicing has been done in the past six to eighteen months. David Stolman explained the process of setting an escrow up and charging against it. Mary Schmalz had a question about Resolution 2008-185. She asked if all of the members of the team were Wappinger residents and if there was going to be any cost to the Town. Supervisor Colsey answered that the proposal is $1000, which is coming out of the budget. He believes that three of the players are from the Town of Wappinger. Mrs. Schmalz followed up asking if they are all Town of Wappinger residents. The Supervisor again stated that three players are residents. Mrs. Schmalz asked if the Supervisor was saying that the Town is giving the team $1000 and there are only three residents on the Town. Councilman Paoloni asked how this is legal. Al Roberts, Town Attorney, explained that the Yankees are asked to provide a senior baseball program, which the Town would pay a $1000 to allow eligible ball players in the age category to participate. If the Board does not want to spend $1000 for three players, they would vote it down. Councilman Paoloni noted that this is the same problem he sees with soccer. Mr. Roberts commented that this is something that has been promulgated by Recreation. This $1000 has been paid by the Town to the Wappinger Yankees for the last 15 years. He summarized the research that his office has done to determine whether allocating money to these programs is proper. It was found that the Town could contract with the organizations to provide managerial services or program administration services. In this case, there are three ball players from the Town that are going to be participating on this particular team. Councilwoman McCarthy noted that the managers are Town residents and the players pay substantial fees to play. She asked how many games are played. Supervisor Colsey answered that there are approximately 40 games. She asked how much that would be per game. Councilman Paoloni stated that the point is that the Town doesn't want to set precedent. Discussion followed. Mrs. Schmalz then asked about Resolution 2008-191. She wanted to know if the Town Budget is available on the Town website. Supervisor Colsey answered that it is not but it can be obtained through the Town Clerk. She then asked if the Town bills and voucher numbers are on Town of Wappinger Page 18 Printed 6/1812008 Regular Meeting Minutes June 9, 2008 the Town website. Supervisor Colsey replied that they are not. Mrs. Schmalz followed up by asking if the position for the Senior Citizen Director was advertised. Supervisor Colsey answered that it is a civil service position and was not advertised. The person being appointed scored in the top three on the test. Concetta Olivieri asked a question about Resolution 2008-189. She wanted to know what two positions the person would be working. Supervisor Colsey replied that the worker already works in the Receiver of Taxes office. The Resolution is proposing that she be appointed to oversee escrow accounts. The Supervisor explained the positions and the qualifications of the employee. Supervisor Colsey asked for a motion to reinstate the Rules. Councilman Bettina made the motion. It was seconded by Councilwoman McCarthy and passed unanimously. Motion To: reinstate the Rules at 9:44 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni X. Resolutions Motion To: amend Resolution 2008-179 to include a six-month probation period RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-179 Resolution Appointing an Accountant to the Town of Wappinger WHEREAS, the Town Board of the Town of Wappinger resolved to fill the vacancy formerly occupied by a Town Comptroller with the Civil Service (competitive) title of Accountant, and WHEREAS, the Town Board of the Town of Wappinger held interviews in accordance with the policies and procedures of the Civil Service utilizing List No. 2008-00000182 as certified on May 6th, 2008. THEREFORE BE IT RESOLVED, that Town Supervisor Christopher Colsey is hereby authorized to extend an offer of employment to Fredrick Awino as Town of Wappinger Accountant, with an annual salary not to exceed $60,000 as consistent with that established within the approved Town of Wappinger 2008 Budget. BE IT FURTHER RESOLVED, that there will be a six-month probation period, as is consistent with Civil Service. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-179 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 10 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 19 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 RESOLUTION: 2008-183 Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota WHEREAS, DCH Wappingers Falls Toyota deposited funds for expenses associated with an Amended Site Development Plan as described below; Orizinal Escrow Date of 1" Deposit Balance $3,750.00 July 10, 2006 $2,377.35 $3,750.00 August 29, 2007 $3,210.00 $22,500.00 August 16, 2006 $49,107.50 $7,500.00 May 27, 2005 $5,188.75 Total $37,500.00 $59,883.60 WHEREAS, DCH Wappingers Falls Toyota has requested refunds the aforementioned escrow balances totaling for Fifty Nine Thousand, Eight Hundred -Eighty Three Dollars and 60/100 ($59,883.60), as approved by George Kolb, Director of Code Enforcement to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the total amount of Fifty Nine Thousand, Eight Hundred -Eighty Three Dollars and 60/100 ($59,883.60), made payable to DCH Wappingers Falls Toyota for the refund of the unused escrow deposited for the identified Amended Site Development Plan associated with Tax Map Nos. 6157-02- 553618, 6157-02-553706, 6157-02-558657 and 6157-02-567678. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-183 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ 0 Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly tabled. RESOLUTION: 2008-180 Resolution Authorizing Refund of Unused Escrow for 12 Oak Way WHEREAS, on or about January 22, 2008 Mid -Hudson Development deposited One Thousand Dollars and 00/100 ($1,000.00) with the Town of Wappinger for expenses associated with a stabilization (seeding) performance condition; and, WHEREAS, Creekview Homes has requested a refund for One Thousand Dollars and 00/100 ($1,000.00), as approved by George Kolb, Director of Code Enforcement to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of One Thousand Dollars and 00/100 ($1,000.00), made payable to Mid -Hudson Development, Account Number 6156-01-440974, for the refund of the unused escrow deposited for the identified project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-180 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ El Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 20 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 RESOLUTION: 2008-181 Resolution Authorizing Refund of Unused Escrow for 33 Truffle Ridge Road WHEREAS, on or about December 19, 2007 Creekview Homes deposited One Thousand, Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for expenses associated with a stabilization (seeding) performance condition; and, WHEREAS, Creekview Homes has requested a refund for One Thousand, Five Hundred Dollars and 00/100 ($1,500.00), as approved by George Kolb, Director of Code Enforcement to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of One Thousand - Five Hundred Dollars and 00/100 ($1,500.00), made payable to Creekview Homes, Account Number. 6257-04-746352, for the refund of the unused escrow deposited for the identified project. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-181 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-182 Resolution Authorizing Refund of Unused Escrow for 12 Whites Corners Road WHEREAS, on or about March 11, 2008 O'Donnell & Sons, Inc. deposited Nine Thousand Dollars and 00/100 ($9,000.00) with the Town of Wappinger for expenses associated with stabilization (seeding) and driveway performance conditions; and, WHEREAS, O'Donnell & Sons, Inc. has requested a refund for Nine Thousand Dollars and 00/100 ($9,000.00), as approved by George Kolb, Director of Code Enforcement to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Nine Thousand Dollars and 00/100 ($9,000.00), made payable to O'Donnell & Sons, Inc. Account Number 6257-04-900299, for the refund of the unused escrow deposited for the identified project. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-182 Yes/Aye No/Nay Abstain Absent 0 Adopted - Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El 11 ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-184 Resolution Authorizing Refund of Unused Escrow for Toll Brothers (Shamrock Subdivision) WHEREAS, Toll Brothers, Inc. deposited funds for expenses associated with the Shamrock Subdivision Plan for seeding (stabilization) and driveway performance conditions as described below; Town of Wappinger Page 21 Printed 6/18/2008 F -- Regular Meeting Minutes June 9, 2008 Lot# Orizinal Escrow Date of 1" Deposit Balance 2 $1,500.00 February 7, 2008 $1,500.00 9 $1,500.00 January 24, 2008 $1,500.00 58 $7,980.00 January 17, 2008 $7,980.00 59 $1,500.00 December 31, 2007 $1,500.00 Total $12,480.00 $12,480.00 WHEREAS, Toll Brothers, Inc. has requested refunds the aforementioned escrow balances totaling for Twelve Thousand, Four Hundred -Eighty Dollars and 00/100 ($12,480.00), as approved by George Kolb, Director of Code Enforcement to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the total amount of Twelve Thousand, Four Hundred -Eighty Dollars and 00/100 ($12,480.00), made payable to Toll Brothers, Inc. for the refund of the unused escrow deposited for the identified Amended Site Development Plan associated with Tax Map Nos. 6257-04-527406, 6257-04- 513434, 6257-04-427503 and 6257-04-487412. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-1:84 0 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-185 Resolution Authorizing the Execution of the Agreement between the Town of Wappinger and the Wappinger Yankees Collegiate Baseball Club WHEREAS, the Wappinger Yankees Collegiate Baseball Club (hereinafter "Wappinger Yankees") participates in the Hudson Valley Collegiate Baseball League, which provides opportunities for baseball players from the Town of Wappinger to sharpen their baseball skills in a competitive environment; and WHEREAS, the Wappinger Yankees and the Town of Wappinger have negotiated an agreement which requires the Wappinger Yankees to provide certain services to the Town; and WHEREAS, the rules and regulations of the Wappinger Yankees and the Hudson Valley Collegiate Baseball League permit the Wappinger Yankees to enter into the proposed agreement; and WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Wappinger Yankees provide the baseball activities in accordance with the proposed Agreement between the Town of Wappinger and the Wappinger Yankees; and WHEREAS, the Town Board finds that the Wappinger Yankees provide a specialized skill, attained by years of training as baseball coaches, and pursuant to Town Code §46-6(b)(1), the agreement between the parties shall be exempt from the Town's procurement policy. The Wappinger Yankees have a 15 year relationship with the Town of Wappinger and they have demonstrated their accountability, reliability and responsibility in providing the proposed services. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby agrees to enter into a written Agreement between the Town of Wappinger and Wappinger Yankees Collegiate Baseball Club which will provide baseball activities for qualified residents of the Town of Wappinger for the 2008 baseball season; said agreement provides that the Town shall provide $1,000 Dollars to the Wappinger Yankees in consideration of the services provided. 3. Supervisor Christopher Colsey is hereby authorized and directed to sign on behalf of the Town the Agreement between the Wappinger Yankees Collegiate Baseball Club in substantially the same form as attached hereto, including the attached Rider to Agreement, copies of which are affixed hereto. Town of Wappinger Page 22 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record- Resolution RES -2008-185 Yes/Aye No/Nay Abstain Absent ® Adopted p 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 ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-186 Resolution to Execute Contracts for the Town Recreation Department Summer Concert Series WHEREAS, the Town Recreation has submitted two contracts for consideration by the Town Board relative to the 2008 Summer Concert Series, and WHEREAS, the contracts are as follows: Company Cost The Jim Osborn Orchestra $800.00 Thunder Ridge $1,100.00 NOW, THEREFORE, BE IT RESOLVED, that Supervisor Christopher Colsey is hereby authorized and directed to sign on behalf of the Town the contract on behalf of the Town of Wappinger, copies of which have been provided to the Town Board in support of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-186 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-187 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2008 WHEREAS, pursuant to Town Law § 119, which sets forth the procedure for the auditing of claims and issuance of warrants where there is no Town Comptroller, the Town Board must audit the claims and issue the warrants for the payment of said claims; WHEREAS, since the office of the Town Comptroller is currently vacant and the duties of auditing claims presented to the Town, and the issuing of warrants authorizing the payment of said claims and bills must be approved by the Town Board; and, WHEREAS, the Town Board has found that all the claims are just and accurate, has directed the Town Accounting Department to prepare an abstract of the audited claims, specifying the number of the claim, the name of the claimant, the amount allowed and the fund and appropriation account chargeable therewith. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby confirms that it has previously audited and approved all the vouchers as identified in the abstracts as provided to the Town Board in support of this Resolution as follows: 1. Abstract 21108 with a total of Ninety Thousand, Nine Hundred and Sixty - Six Dollars and 38/100 ($90,966.38); 2. Abstract 21109 with a total of One Hundred Ninety -Nine Thousand, One Hundred Fifty Three Dollars and 10/100 ($199,153.10); 3. Abstract 21110 with a total of Thirty Dollars and 00/100 ($30.00); Town of Wappinger Page 23 Printed 6/1812008 Regular Meeting Minutes June 9, 2008 4. Abstract 21111 with a total of Ninety Thousand, One Hundred Ninety - Seven Dollars and 40/100 ($90,197.40); and, 5. Abstract 21112 with a total of One Hundred Eight Thousand, Two Hundred Six Dollars and 69/100 ($108,206.69). BE IT FURTHER RESOLVED, the Town Board hereby authorizes the Town of Wappinger Accounting Department to transfer the respective funds into the General Disbursement Fund (GDF) to pay all claims as outlined in Abstract 21101. BE IT FURTHER RESOLVED, the Town Board hereby authorizes the issuance of warrants in accordance with the abstracts identified herein and then shall direct same to Supervisor Christopher Colsey and authorize and direct him to pay the claimant(s) the amount allowed upon their claim. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-187 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2008-188 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-188 Resolution to Extend the Employment Contract of a Temporary Accounting Employee WHEREAS, the Town Board previously approved the employment of Rita Brannen for a period of sixty (60) days at 17.5 hours per week to provide a temporary solution for the vacancy in the position of Town Comptroller; and WHEREAS, a Memorandum of Employment was prepared by the Attorney to the Town establishing a termination of employment effective May 31, 2008, which Memorandum of Employment was executed by Rita Brannen and the Supervisor to the Town; and WHEREAS, Rita Brannen had a family medical issue during her period of employment which limited her actual hours worked to 113.5 out of a total of 140 hours authorized by the Memorandum of Employment; and WHEREAS, Rita Brannen has agreed to continue in her position beyond May 31, 2008; and WHEREAS, while the Town Board is actively pursuing a solution to fill the vacancy in the office of Town Comptroller, or, in the alternative establish the position of Town Accountant, neither position has been filled by the Town Board; and WHEREAS, competent financial oversight is vital to the integrity and financial well being of the Town; WHEREAS, the Town Board also finds that it is important to maintain continuity within the Accounting Department of the Town in order to provide a smooth transition of accounting oversight pending a permanent replacement by a Town Comptroller or Town Accountant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes an extension to the Memorandum of Employment between Rita Brannen and the Town of Wappinger 3. The total hours of work provided under the extended Agreement may not exceed 17.5 hours per week. Town of Wappinger Page 24 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-188 Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-189 Resolution Authorizing Employee to Work in Two Positions and Defining Priorities among those Positions WHEREAS, Susan Randall was appointed as Account Clerk Typist as a permanent competitive class employee from eligible list number 49-05; and WHEREAS, Randall's present job duties are as Tax Receiver Clerk, and said duties are consistent with those set forth for an Account Clerk Typist, as described by the Dutchess County Department of Personnel; and WHEREAS, certain vacancies in the Accounting Department have created a need for filling the duties of Escrow Account Clerk; and WHEREAS, the duties of Escrow Account Clerk require the reconciliation of escrow account balances, processing of vouchers, receipt of payments, checking of bookkeeping records, preparation of reports, filing or records, and other duties all of which are consistent with the classification of Account Clerk Typist; and WHEREAS, the Dutchess County Department of Personnel has determined that both positions may be filled by an Account Clerk Typist; and WHEREAS, the Town Board finds that it is in the best interest of the Town of Wappinger to authorize the Account Clerk Typist presently employed as Tax Receiver Clerk to also perform the duties of Escrow Account Clerk 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. An Account Clerk Typist acting as Tax Receiver Clerk shall be authorized to also perform the duties of Escrow Account Clerk, consistent with duties prescribed for an Account Clerk Typist. 3. Susan Randall is hereby designated as the Account Clerk Typist who shall perform the duties of Tax Receiver Clerk and Escrow Account Clerk. 4. During periods when real property taxes are collected by the Town of Wappinger Receiver of Taxes, or when employee shortages are created in the Office of the Receiver of Taxes due to the volume of tax collection, vacation, disability or illness, the Account Clerk Typist shall also be required to staff the office of the Receiver of Taxes as Tax Receiver Clerk. 5. At other times, the Account Clerk Typist shall perform the duties of Escrow Account Clerk. 6. The salary for the Account Clerk Typist shall be provided from the budget as follows: Fifty Percent (50%) from A1330.101 (Tax Receiver Clerk) and Fifty Percent (50%) from B8020.102 (Escrow Account Clerk). 7. Any dispute regarding allocation of work hours between positions shall be resolved by the Supervisor, in his or her sole discretion. 8. The Supervisor and any other person with control of the Town Computer systems is hereby authorized to grant access to Susan Randall to any software programs necessary for the performance of duties as Escrow Account Clerk. 9. This resolution shall take effect immediately. Town of Wappinger Page 25 Printed 6/18/2008 IF Regular Meeting Minutes June 9, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-189 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey _ Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter El ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-190 Resolution Appointing Seasonal Recreation Employees WHEREAS, the Town of Wappinger Recreation Director has requested, in a letter dated March 13, 2008, authority to hire certain persons as seasonal parks (labor) employees. WHEREAS, the following employees were approved for hire on a seasonal basis in accordance with the approved 2008 Town Budget (A7110.100): Name Employment Period 2007 2008 Jeff DeChristopher May 1 - September 1 $9.55 $9.84 Alex Pilouris May 1 - September 1 $9.27 $9.55 Frank McKinney March 26 - September 1 $14.45 $14.88 Bernie Roe March 26 - September 1 $11.88 $12.24 Vincent LaVacca March 26 - September 1 N/A $11.88 John Mighore March 26 - September 1 N/A $11.88 WHEREAS, the Town of Wappinger Recreation Director has requested, in a letter dated May 22, 2008, authority to hire Maxwell Dolenk as a seasonal parks (labor) employee in the place of Alex Pilouris, who has declined an employment offer for 2008. NOW, THEREFORE, BE IT RESOLVED, that the Recreation Director is hereby authorized to initiate employment with the aforementioned in accordance with the practices and policies of the Town of Wappinger. BE IT FURTHER RESOLVED, that any and all employees utilizing Town vehicles must provide proof of a valid driver's license for the purpose of notice to the Town of Wappinger liability insurer. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008.190 Yes/Aye No/Nay Abstain Absent 8 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Seconder 0 11 ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-191 Resolution Authorizing Amendments to the 2008 Town of Wappinger Budget WHEREAS, the Town Board approved the 2008 Town of Wappinger budget on November 15, 2007; and WHEREAS, a review of the budget in accordance with the 2008 preparation of the Annual Update Document (AUD) to the Office of the State Comptroller, has produced evidence of certain appropriations not accurately allocated and/or appropriately added, and thereby requiring the amendment of the 2008 Town budget as set forth below: GENERAL TOWN WIDE (A) FUND INCREASE: A1990.400 Contingency $23,501.00 Town of Wappinger Page 26 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 HIGHWAY FUND (D13) INCREASE: D132300.000 Revenue Trans Svcs -Other UNITED WAPPINGER WATER (WU) INCREASE: WU1001.000 Revenue Real Property HUGHSONVILLE LIGHT DISTRICT INCREASE: LH1001.000 Revenue Real Property LH5182.400 Appropriation SEWER IMPROVEMENT #1 INCREASE: S11011.000 Revenue Real Property SEWER PHASE 3A INCREASE: SV2120.000 Revenue Sewer Rents $ 1.00 $ 2,752.00 $ 1,000.00 $ 1,000.00 $ 2,396.00 $6.00 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2008. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-191 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter El El ❑ ❑ Adopted as Amended William Beale Seconder m ❑ ❑ ❑ 11 Defeated Vincent Bettina Voter ® ❑ ❑ 11 11 11 Tabled Withdrawn Maureen McCarthy Initiator D ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-192 Resolution Authorizing Addendum to Legal Services Agreement with MTBE Litigation Special Counsel WHEREAS, the Town Board, by resolution dated February 9, 2004, retained the legal services of the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. (hereinafter "Special Counsel") to commence litigation on behalf of the Town of Wappinger and represent the Town in a class action lawsuit for all damages sustained by the Town as a result of the loss of use of groundwater because of contamination of MTBE, TBA and other contaminates; and WHEREAS, said litigation was commenced against numerous Defendants in the United States District Court for the Southern District of New York under the caption In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation, Master File No. 1:00-1898 MDL 1358 (SAS), M21-88 (hereinafter the "Action"); and WHEREAS, after substantial litigation, Special Counsel negotiated a settlement of the Action with many of the Defendants in said Action, and the action continues against other Defendants, including Exxon/Mobil; and WHEREAS, the Town Board authorized the settlement of the MTBE Litigation which resulted in a Settlement Agreement, that provides for substantial payments to the Town as well as an agreement from the Settling Defendants to provide further treatment of Town wells if future contamination is discovered. (hereinafter "the Treatment Protocol"); and WHEREAS, the current Legal Services Agreement (hereinafter "LSA") with Special Counsel provided that they would be compensated for the present value of the Treatment Protocol as part of its fee; and WHEREAS, the Town and Special Counsel agree to amend the LSA so that Town of Wappinger Page 27 Printed 6/18/2008 T� Regular Meeting Minutes June 9, 2008 compensation is due to Special Counsel only if future benefit is derived by the Town from the Treatment Protocol. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board determines that it is in the best interest of the residents of the Town of Wappinger to amend the Legal Services Agreement with Weitz & Luxenberg, P.C. and Baron & Budd., P.C. 3. Supervisor Christopher Colsey is authorized, on behalf of the Town of Wappinger, to execute and deliver the Addendum to the Legal Services Agreement that is substantially in conformance with the copy attached hereto as Exhibit A. 4. The Supervisor and Attorney to the Town, Albert P. Roberts, are further authorized and directed to take whatever steps are reasonable and necessary to implement the provisions of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-192 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey _ Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-193 Resolution Rescinding Prior Acceptance of Parcel for Town Highway Purposes and Authorizing Reconveyance of the Parcel to Property Owners WHEREAS, the apartment complex known as Village Crest Apartments located on Maloney Road in the Town of Wappinger was recently sold to HP Coolidge Maloney Road, LLC; and WHEREAS, in consequence of that sale, a title search disclosed that Arlene Drive, a road within the apartment complex, had been conveyed to the Town of Wappinger by deed dated April 9, 1964, and recorded in the Dutchess County Clerk's Office at Liber 1127 Page 287 on May 8,1964; and WHEREAS, pursuant to a search of the Town's records conducted by Highway Superintendent, Graham Foster, Attorney to the Town, Albert P. Roberts, and Deputy Assessor, Loretta Brunello, it was determined that Arlene Drive was constructed as part of an apartment complex originally known as Summit Gardens (now known as Village Crest Apartments); and WHEREAS, in consequence of the development of the apartment complex, the road, known as Arlene Drive, was constructed in order to provide access and parking to the apartments in accordance with a site plan approved by the Town of Wappinger Planning Board; and WHEREAS, on April 9, 1964, the Town Board of the Town of Wappinger adopted a resolution authorizing the acceptance of Arlene Drive as a Town road; and WHEREAS, a review of the Town Assessor's records reveals that, as far back as 1971, Arlene Drive was assessed to the record owner of the apartment complex; and WHEREAS, a review of the records maintained by the Dutchess County Department of Real Property Tax Services reveals that a hand written notation was placed on those records indicating that the Town of Wappinger had disclaimed ownership of the road, although it is unknown who placed the notation on the records; and WHEREAS, it is not the practice of the Town to accept parcels as public roads when developed in connection with a site plan for multi -family construction; and WHEREAS, Arlene Drive has been assigned a real property tax grid number - 19-6259- 02-583857; and WHEREAS, it appears that real property taxes have been levied against Arlene Drive and that all such taxes have been paid by the various owners of the subject apartment complex, further confirming that the Town did not claim ownership to the property and that the road was owned by the apartment complex; and WHEREAS, by deed dated April 13, 1984, made by Chase Manhattan Bank and Vilcrest Town of Wappinger Page 28 Printed 6/1812008 Regular Meeting Minutes June 9, 2008 Corporation, as grantors, to A.R. Fuels, Inc., as grantee, recorded in the Dutchess County Clerk's Office at Liber 1633 page 139, several parcels were conveyed by using tax grid numbers as the legal description, including the tax grid number for Arlene Drive - 19-6259-02-583857, despite the fact that there is no record that the Town of Wappinger ever formerly renounced ownership of the parcel or ever re -conveyed the parcel back to the original apartment complex owners; and WHEREAS, from April 13, 1984, until the sale to HP Coolidge Maloney Road, LLC, A.R. Fuel, Inc. has paid all the real property taxes levied against the parcel known as Arlene Drive; and WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has confirmed that Arlene Drive has never been used, maintained or repaired by the Town of Wappinger since 1990, and, to the best of his knowledge, prior to 1990, it was never used or maintained by the Town as a public road; and WHEREAS, both Albert P. Roberts, Attorney to the Town, and Graham Foster, Town of Wappinger Highway Superintendent, have confirmed that it is not the practice of the Town to acquire parcels for public highway purposes when such parcels are used solely for ingress and egress to a private apartment complex; and WHEREAS, Mr. Roberts has submitted a written opinion that the initial acceptance of Arlene Drive as a Town road was a mistake; and WHEREAS, Graham Foster has also confirmed that the acceptance of Arlene Drive as a Town road was a mistake, that the road is currently in a state of disrepair, is in need of resurfacing, and has not and never has complied with the Town of Wappinger Highway Specifications; and WHEREAS, Graham Foster has also confirmed that it is not the practice of the Town of Wappinger to accept roads within a private apartment complex; and WHEREAS, the Town Board has determined that the proposed action is an Unlisted Action, pursuant to Article 8 of the Environmental Conservation Law and pursuant to Local Law No. 6 of 1995 (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has determined that the proposed resolution is an action for which there are no other Involved Agencies and that the Town is the only Involved Agency, and is therefore the Lead Agency for this action; and WHEREAS, the Town Board has determined that there are no adverse environmental impacts associated with the adoption of this Resolution and hereby issues a Negative Declaration of Significance, and the Town Clerk is directed to file the Negative Declaration as provided by law. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines and confirms that the Town's authorization to accept Arlene Drive as a Town road pursuant to Resolution adopted April 9, 1964 was inappropriate and a mistake and that the subsequent transfer of Arlene Drive to the Town of Wappinger by deed dated April 9, 1964, and recorded in the Dutchess County Clerk's Office at Liber 1127 Page 287 on May 8, 1964, was also a mistake inasmuch as the road was only used for parking, ingress and egress for the apartment complex. 3. The Town Board further acknowledges the opinion of Albert P. Roberts, Attorney to the Town, that it is not the practice of the Town of Wappinger to accept roads wholly contained within an apartment complex for public highway purposes, and also acknowledges Highway Superintendent Graham Foster's opinion that Arlene Drive does not now, nor never has, conformed to the Town of Wappinger Highway Specifications. 4. The Town Board further acknowledges that both the actions of the Town of Wappinger and of the various owners of the apartment complex confirmed that neither the Town, nor the owners of the apartment complex, ever deemed Arlene Drive a public highway, and, accordingly, hereby formally rescinds the Resolution of Acceptance dated April 9, 1964. 5. The Town Board hereby authorizes the Town Supervisor, Christopher J. Colsey, to execute a Quit Claim Deed from the Town of Wappinger as grantor to HP Coolidge Maloney Road, LLC together with such other documents and instruments necessary to effectuate a transfer of title from the Town of Wappinger to HP Coolidge Maloney Road, LLC. 6. Albert P. Roberts, Attorney to the Town, is further directed to draft a Quit Claim Deed from the Town of Wappinger to HP Coolidge Maloney Road, LLC, and such other documents as may be necessary to effectuate a transfer of Arlene Drive, tax grid number 19- 6259-02-583857 to HP Coolidge Maloney Road, LLC. 7. The Town Board has reviewed the Proposed Action pursuant to Article 8 of the Environmental Conservation Law, and pursuant to Local Law 6 of 1992, and hereby determines that there are no adverse environmental impacts associated with the adoption of this Resolution, and hereby issues a Negative Declaration of Significance for this project. 8. The Town Clerk is hereby directed to file the Negative Declaration of Town of Wappinger Page 29 Printed 6/1812008 Regular Meeting Minutes June 9, 2008 Significance as provided by law. 9. The Town Clerk is further directed to send a certified copy of this Resolution to Charles Traver, Acting Director of the Dutchess County Department of Public Works. 10. The Town Clerk is directed to publish the Notice of Adoption of this Resolution Subject to Permissive Referendum in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal and to post a copy thereof on the sign board maintained by the Town Clerk. 11. This Resolution is adopted subject to a Permissive Referendum. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES=2008-193 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ❑ ❑ ❑ 11 Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-194 Resolution Appointing a Senior Center Director in the Town of Wappinger Recreation Department WHEREAS, the Town Board previously created the position of Senior Center Director; and WHEREAS, the resignation of the town's Senior Center Director, in November 2007, created a vacancy in said position; and WHEREAS, the Town Board designated Althea (Kay) Von Reyn, then Recreation Assistant to the Senior Center, as provisional Senior Center Director pending completion of the Civil Service examination and selection process; and WHEREAS, the Dutchess County Department of Personnel determined that the position of Senior Center Director is a competitive position under Civil Service Law subject to examination under the Civil Service Job Classification of Recreation Leader; and WHEREAS, Althea (Kay) Von Reyn, passed the Civil Service examination for Recreation Leader and was among the top three candidates on the active Dutchess County Civil Service list for the position of Recreation Leader; and WHEREAS, Althea (Kay) Von Reyn is eligible for the position of Senior Center Director under New York Civil Service Law, the Rules and Regulations of the Dutchess County Department of Personnel, and the Rules and Regulations of the Town of Wappinger; and WHEREAS, Ralph Holt, Recreation Director and Chairman of the Recreation Commission recommends Althea (Kay) Von Reyn for the post of Recreation Leader. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby appoints Althea (Kay) Von Reyn as Senior Center Director in the Recreation Department having the duties of a Recreation Leader. 3. The Senior Center shall report to and be under the direction of the Recreation Director. 4. The salary for the Senior Center Director shall be provided from budget line A7620.100 (Senior Citizens Administration -Director) in accordance with the Town of Wappinger 2008 Budget. 5. This resolution shall take effect immediately. Town of Wappinger Page 30 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 XI. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-194 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2008 The Resolution is hereby duly declared adopted. New Business Councilman Beale New Business Councilman Beale mentioned that he brought up an issue with Steinhaus Lane last year. The residents are within a light district, but there is no street light there. He would like the Town professionals to look into the matter to see what could be done. Mr. Foster replied that there are no poles in that cul-de-sac and that everything is underground. The rest of the development is overhead. Supervisor Colsey stated that he will take a look at it. Councilman Beale then brought up an issue with a 1 st Ward resident and his escrow account. He asked who the point of contact for escrows is. Supervisor Colsey replied that Inez Maldonado is currently the contact person. Councilman Bettina New Business Councilman Bettina asked the Town Engineer, Bob Gray, and the Highway Superintendent, Graham Foster, to look into putting a dog park on the parcel that was deeded to the Town in the area of All Angels Hill Road and Old Hopewell Road. Mr. Gray replied that he will look at fencing and access. He asked how many acres it should be. Councilman Bettina answered that the Town of Newburgh has a section for dogs that are 30 lbs and under and a section for dogs that are 30 lbs and over. Mr. Gray added that the parcel is 17 acres. He does not feel the Town would want to fence the whole parcel. Councilman Bettina agreed and added that the parcel floods in sections. Councilman Bettina then asked the Supervisor how the scheduling of the Town Patrol is arranged. Discussion followed. Councilman Bettina then mentioned that the members of the Chelsea Sportsman club do not want the speed trailer near their property. Discussion followed. Councilwoman. McCarthy New Business Councilwoman McCarthy asked for an update on the land donation next to Robinson Lane. The Pop Warner organization has contacted her asking for information. Al Roberts, Town Attorney, explained that the owner has received "preliminary". The contract is drafted so that the property will be donated after they received the approvals. The approvals are stuck up at the County Heath Department. David Stolman, Town Planner, added that there is nothing that the Town could do to speed it up. Supervisor Colsey asked that a memo be drafted. Councilwoman McCarthy asked that the memo address the concerns of Pop Warner. Mr. Stolman will compile a letter. Councilwoman McCarthy then brought up issues that have been brought to her attention pertaining to the Town Bulk Pick -Up program. She notes that some things were left on the resident's property. Overall, it raises questions about the Recycle Center. She would like an accounting of the Recycle Center. She would like to know what the expenditures are and how the Town accounts for bottles that are returned there. She has heard stories of recycle center employees returning the bottles for vacation money. She needs information to have a better understanding of the Center to answer the questions from employees. She also mentioned differing views of what is required to prove residency. She claims that some people use a sticker and others only show their license. It would be helpful to have rules. She has heard that some residents only show their license to gain access while others are fighting with the Town Clerk to get a permit. Graham Foster, Highway Superintendent, noted that the Board has never come up with any rules. He feels that rules are needed. Councilwoman McCarthy feels this is something that needs to be looked at. Councilman Paoloni mentioned that he was holding in his hand the Rules that were drafted by the Town Clerk. Councilwoman McCarthy went on to say that she needs to have a better understanding of how the site runs, because it is a business in and of itself. Councilman Beale noted that the Board has already discussed this a year ago and he feels that the Town of Wappinger Page 31 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 Town needs standard operating procedures. Councilman Paoloni again noted that he was holding the Rules for the Recycle Center. Councilwoman McCarthy went on to say that, before looking into standard operating procedures, she would like to know what the revenue and the expenses for the Recycle Center are. Mr. Foster replied that nobody knows what the revenue is. Councilman Paoloni added that he knows the revenue of the Recycle Center. "It is zero", he noted. Councilwoman McCarthy commented that there is revenue if someone is using the money from recyclable bottles to go on vacation. Mr. Foster explained that, before the Recycle Center, there was an agreement that the old ladies could take the recycle bottles. If Councilwoman McCarthy does not want them taking the bottles, they could be thrown right in "Recycle". It was before his time, he added. Councilwoman McCarthy noted that stuff comes in and stuff goes out. She is asking what the cost for all that to happen is. Mr. Foster answered that those figures are in the budget. Councilwoman McCarthy asked to be brought through the entire process. Mr. Foster explained that the Board decided to allow people to dump by showing only an electric bill. He has discouraged that. He went on to say that the Town Clerk will not give a permit unless the resident can show a driver's license from Wappinger and a resident vehicle registration from Wappinger. The Town Clerk stated that that is not true. When asked what was not true, the Town Clerk went on to say that the resident only has to show that they pay Town taxes. Councilwoman McCarthy asked if the Town got money for certain types of waste. Mr. Foster answered that the Town gets money for car batteries. The recycle center separates those out and takes them to AW Scrap. They then get a receipt and send the money to the Town Clerk. Councilwoman McCarthy would like to see a spreadsheet showing what is taken in and what the Town makes. Mr. Foster recommended that she get that through the Accounting Department. She went on to ask, "If the Recycle Center employee can go on vacation with the money he gets collecting bottles, why isn't that money in the Town coiffeurs?" Mr. Foster asked if she wants to go over to stand at Hannaford's and put people's bottles in. He explained that the employees went over to Hannaford's on their own time. He cannot pay a Town employee to go over to stand in line to put nickel bottles in. If there is an issue, he will put the bottles in co -mingled. Supervisor Colsey noted that the information that Councilwoman McCarthy is asking for could be compiled in two hours. Mr. Foster noted that the only revenue is being collected in the Town Clerk's Office for garbage tickets. Supervisor Colsey described the spreadsheet that could be prepared. Councilwoman McCarthy asked that it show how much if costs to have someone there working. Mr. Foster answered that they are employees of the Town and the figures are in the budget. Discussion followed. Councilman Paoloni pointed out that people are running businesses dropping their customer's junk off at the Recycle Center. Councilwoman McCarthy feels that the Town needs to come up with a consistent method of permitting access. She would like a future Board discussion to hone in on specifics. Councilman Paoloni noted that, if this were a business, it should go bankrupt. He commented on statements that the Town is not in the garbage business. He stated that the Town does everything that a garbage business does except collect money. He feels that this is an opportunity that is costing the Town a lot of money when it should at least pay for itself. Councilman Beale added that there has just been an increase in the fees charged by Royal Carting. Mr. Foster asked that the Board understand that there really is no revenue. The service provided costs several hundreds of thousands of Dollars though. Discussion followed. Mr. Foster brought the discussion back to the complaints pertaining to the Bulk Pick -Up Program. He spoke specifically about a complaint that the Highway personnel did not pick up a resident's video tapes. Councilwoman McCarthy replied that she did not know about that specific complaint. She did hear from residents that they were told to use the Recycle Center for those items. She gave an example of an 85 year old woman that put a toaster over out for pick- up. The item was not picked up because it should have gone to the Recycle Center. That particular resident cannot bring her item to the Recycle Center. Councilwoman McCarthy stated that the residents pay for the pick-up and the Recycle Center. Mr. Foster disagreed. He went on to say that the labor for the Bulk Pick -Up has never been funded. He hears several residents say that they pay taxes. He did research and found that the average house in Rockingham pays $350 to $400 per year in Town taxes, of which 30% goes to the Highway Department. Councilwoman McCarthy stated that she lives in Rockingham and pays much more than that. Mr. Foster then told her that she pays about $350 in Town taxes. She is paying 30% of that, or $110 per year to the Highway Department. Councilwoman McCarthy asked where the Bulk Pick -Up items go. Mr. Foster answered that the items go to separate dumpsters at the garage. Councilwoman McCarthy asked if the workload for Bulk Pick -Up has increased or decreased since the opening of the Recycle Center. Mr. Foster answered that it has decreased. Councilman Paoloni asked where the money for the Bulk Pick -Up comes from. Mr. Foster answered that the money comes from the budget. Councilman Paoloni replied that budgets don't make money. He again asked where the money comes from. Mr. Foster answered that the money comes from taxes. Councilwoman McCarthy noted that the woman with the toaster over pays taxes. She is frustrated and noted that the customer service aspect is very important. She claims that she is Town of Wappinger Page 32 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 receiving complaints that residents are not happy with the response they got. Mr. Foster showed the Councilwoman pictures of properties that his crew dealt with during the pick-up. He noted that it looks like the junk fell from 30,000 feet and would take a half hour to pick up. The discussion turned to the type of items that are to be picked up. Mr. Foster noted that the pick-up is for furniture and appliances. Councilwoman McCarthy commented that there is more to the pick-up than furniture and appliances. Mr. Foster has seen people walk out of the house with a dresser drawer full of junk only to turn the drawer over and dump the junk on the pile. Councilwoman McCarthy summarized by saying that people are using the Recycle Center and the Town is encouraging people to use the Recycle Center. Others save up their items for the Bulk Pick -Up program. She feels that the Town has to be better about the service if that is the service that is going to be provided. Mr. Foster explained that some people feel that the service should be discontinued. He spoke of the costs, the amount that the service is abused, and noted that no other municipalities in Dutchess County does it. He also pointed out that the crew picks up items that residents could dispose of themselves. Councilwoman McCarthy felt that Mr. Foster was assuming that the residents could dispose of the items themselves. She commented that the residents may choose not to personally dispose of items that are on the list of approved items for the Bulk Pick -Up, or they might not be able to. Mr. Foster noted that the postcard that the Board approved and sent out says that the pick-up is only for items that cannot fit into an average car. Councilwoman McCarthy replied that she did not see the postcard before it went out. She feels that, if an 80 year old woman wants to throw out a toaster, the Town should pick it up. Mr. Foster asked, if she throws out a pair of sneakers, does that need to be picked up as well. Councilwoman McCarthy replied that sneakers are not an appliance or furniture. Supervisor Colsey stated that he sent out the postcard. The postcard uses the language that was used in previous years. It states that, if the item can be put in an average sized vehicle, it should be brought to the Recycle Center. Councilman Beale added that a microwave is on the list and can fit in an average car. He asked that the Meeting proceed. In conclusion he noted that he received one call from a constituent pertaining to the Bulk Pick -Up. The resident put out a television set. A scavenger picked up the TV, took it home, realized it didn't work, and then dropped it back off after the Pick -Up had gone by. Mr. Foster's crew went out and picked up the TV. Councilman Paoloni New Business Councilman Paoloni noted that Beacon residents are not paying the Cablevision surcharge. He asked why Wappinger residents are still paying. He also noted that Cablevision has clearly reneged on their responsibility to provide the studio and cameras. Now that the Town has Verizon FIOS, is it fair to ask the residents to subsidize one vendor and not the other. Councilman Bettina added that the Town has a right to cancel at any time. The $0.58 was for advertising and was meant to supplement the advertising for a limited time. Councilman Beale asked that Roger Connor, Cablevision Director of Government Relations, be brought in for discussion. He would like to remind Mr. Connor that the TV cameras have not been provided. Councilman Paoloni brought the discussion back to the surcharge. Councilman Beale noted that the Cablevision contract was just renewed. The Town Board was under the impression that the Town would have an entire set-up within 90 days. When the Verizon negotiations began, Cablevision started claiming that they were encountering delays. The Board has an obligation to the taxpayers to find out where the $0.58 is going. Councilman Bettina asked for a copy of the contract. Jim Horan, Town Attorney, commented that it is a memorandum of understanding. Al Roberts, Town Attorney, added that it was a temporary thing that was spearheaded by Assemblyman Miller. Beacon opted out at the 11 `h hour. Discussion followed. Councilman Beale mentioned that Channel 22 has a notice that the Town of Wappinger will be broadcasting soon. That notice makes the Town look bad. Councilman Paoloni asked that Mr. Connor be contacted and something be put together to waive the surcharge. Town Attorney New Business Jim Horan, Town Attorney, noted that Verizon has made their first payment on the PEG grant. He believes the payment was for $13,334. Al Roberts, Town Attorney, informed the Board that the Town did get restitution for the damage done to the Rockingham soccer fields. The rain storms made the work easier to do and the Town received a reduced estimate from JVB Landscaping. That cost has been paid in full. Councilman Beale asked what the total was. Mr. Roberts answered that it was approximately $3000. Supervisor Colsey New Business Supervisor Colsey stated that there is a program that will accept old cell phones and provide them to soldiers. He asked if there was any opposition to providing the old Nextel cell Town of Wappinger Page 33 Printed 6/18/2008 Regular Meeting Minutes June 9, 2008 phones to this program. There was no opposition from the Board. There was no motion or second for this action, but there was a unanimous vote in the affirmative. XII. Executive Session Motion To: go into Executive Session at 10:40 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni A. Absolute Properties Motion To: come out of Executive Session at 11:07 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni ........ ......... ........ ........ ........_ XIII. Adjournment Motion To: adjourn at 11:07 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman I SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni ... The Meeting Adjourned at 11:07 PM. / i" 0 huv!�- Jo n C. sterson Town Clerk Town of Wappinger Page 34 Printed 6/18/2008