2008-10-15 SPMTown of Wappinger
20 Middlebush Road
2008-296.
Wappingers Falls, NV 12590
Special Meeting
townofwappinger.us
Agenda —
Chris Masterson
845-297-5771
Wednesday, October 15, 2008 7:00 PM Town Hall
7:00 PM Meeting called to order on October 15, 2008 at Town Hall, 20 Middlebush Rd,
Wappingers Falls, NY.
L Call to Order
II. Pledge of Allegiance
III. Public Portion
IV. Minutes Approval
Monday, September 22, 2008
V. Discussions
A. Comprehensive Plan Committee Presentation - Stolman
B. Appointment of Water & Sewer Committee - Colsey
VI. Executive Session
A. Rail Trail Contract
B. Adams Water & Sewer Contract
C. Absolute Litigation Update
D. MTBE
2008-292. Confidential Resolution - Executive Session
VII. Town Board Review of Vouchers
2008-293. Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board
2008-294. Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board
2008-295. Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board
VIII. Public Hearings
Resolution Introducing Local Law No. of the Year 2008, Revising Fees for Copying_
Town Records
IX. Resolutions
2008-296.
Resolution Adopting "Local Law No. of the Year 2008, Creating a
New Article VII of Chapter 35 of the Town Code, "Justice Court
Personnel", and Repealing Local Law 9 of 1991 Codified as Article III
of Chapter 35, "Deputy Court Clerk", of the Code of the Town of
Wappinger
2008-297.
Resolution Authorizing Amendments to the 2008 Town of Wappinger
Budget
2008-298.
Resolution to Authorize a Public Hearing on the Intended Use of
Community Development Block Grant Funds
2008-299.
Resolution Authorizing the Town Board to Issue and Approve the
Warrant to Pay the Audited Claims Presented to the Town for 2008
2008-300.
Resolution Introducing Local Law No. of 2008 Containing Zoning
Text Amendments Regarding Post -Approval Escrow Accounts
2008-301. Resolution Authorizing Code Enforcement Officials to Attend Local
Code Enforcement Seminar
2008-302. Resolution Authorizing Purchase of Hydraulic Salt Spreaders
2008-303. Resolution Authorizing Re -Levy of Unpaid 2008 Water & Sewer
Charges
2008-304. Resolution Authorizing Entry into Intermunicipal Agreement for
Dutchess County Rail Trail
2008-305. Resolution Authorizing Consultants to Advise Water and Sewer
Committee
2008-306. Resolution Denying Moratorium Hardship Waiver
2008-307. Resolution Approving Settlement with Settling Defendents (MTBE)
2008-308. Resolution Amending Resolution 2008-283 for Lee Knolls
2008-309. Resolution Introducing Local Law No. of the Year 2008
Establishing Stop Intersections and No Parking Zones
Toon of 14'aly inner Page l Printed 10/10/3008
E p �cial Meeting Agenda October 15, 2008
2008-310. Resolution Declaring Highway Equipment Surplus and Authorizing Its
Sale by Public Bid
2008-311. Resolution Adopting Local Law No.
Fees for Copying Town Records
X. Special Consideration
XI. New Business
XII. Budget Hearings
A. Accounting Department
B. Supervisor
C. Town Board
D. Town Clerk
XIII. Adjournment
of the Year 2008, Revising
T -wn of Wappinger Page 2 Printed 10/1012008
Town of Wappinger
Special Meeting
Minutes
20 Middlebush Road
Wappingers Falls, NY 12590
townofwappinger.us
Chris Masterson
845-297-5771
Wednesday, October 15, 2008 7:00 PM Town Hall
IV
V.
Call to Order
Supervisor Christopher Colsey called the meeting to order at 7:02 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 7:11 PM
Joseph Paoloni
Town of Wappinger
Councilman
Late 7:07 PM
Bob Gray
Town of Wappinger
Engineer to the Town
Present
Graham Foster
Town of Wappinger
Highway Superintendent
Present
Al Roberts
Town of Wappinger
Town Attorney
Present
David Stolman
Town of Wappinger
Town Planner
Present
Pledge of Allegiance
Reorder of the Agenda
Motion To: Reorder the Agenda
RESULT: ADOPTED IUNANIMOUSI
MOVER: Vincent Bettina, Councilman
SECONDER: William Beale, Councilman
AYES: Christopher Colsey, William Beale, Vincent Bettina
ABSENT: Maureen McCarthy, Joseph Paoloni
Minutes Approval
Monday, September 22, 2008
✓ Vote Record - Acceptance of Minutes for September 22, 2008 7:00 PM
Yes/Aye
No/Na}
Abstain
Absent
Christopher Colsey
Voter
0
❑
❑
❑
Z Accepted
William Beale
Initiator
2
❑
❑
❑
❑ Accepted as Amended
Vincent Bettina
Seconder
Z
❑
❑
❑
❑ Tabled
Maureen McCarthy
Voter
❑
❑
❑
Z
Joseph Paoloni
Voter
❑
❑
❑
Z
Discussions
A. Comprehensive Plan Committee Presentation - Stolman
Supervisor Colsey opened the discussion at 7:05 PM. David Stolman, Town Planner,
proceeded to update the Town Board on the status of the Comprehensive Plan - version 3. There
was a memo pertaining to the revised draft schedule for the completion of the Comprehensive
Plan that was included in the packet that Mr. Stolman provided. He first gave a summary of the
changes to the Plan. Al Roberts, Town Attorney, asked if the Supervisor wanted him to review
the Plan with the Town Engineer, Bob Gray. The Supervisor felt that it would be a good idea so
that they don't face challenges later. June Visconti asked if the Planning Board would be getting
a copy. Mr. Stolman replied that it is in the schedule. He went on to discuss the schedule.
Supervisor Colsey closed the discussion at 7:11 PM.
B. Appointment of Water & Sewer Committee - Colsey
Supervisor Colsey opened the discussion at 7:11 PM. He noted that lie would be
appointing Councilman Paoloni and Councilman Bettina to a Board that will provide advisory
Toren o/ ff'appinger Page I Printed 10/20/2008
Special Meeting Minutes October 15, 2008
comments to the Town Board in respect to any requests for municipal water and sewer. He then
closed the discussion at 7:13 PM.
VI. Public Hearings
Resolution Introducing Local Law No. _ of the Year 2008, Revising Fees for Copying
Town Records
Councilman Bettina made a motion to open the Public Hearing at 7:13 PM. The motion
was seconded by Councilman Beale and passed unanimously. '['own Clerk Chris Masterson
offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These
Affidavits are attached hereto and inade a part thereof the Minutes of the Public Hearing).
Supervisor Colsey explained the Local Law and asked for comments. There were no
comments. Councilman Bettina made a motion to close the Public Hearing. The motion was
seconded by Councilwoman McCarthy and passed unanimously.
RESULT: CLOSED [UNANIMOUS)
MOVER: Vincent Bettina, Councilman
SECONDER: Maureen McCarthy, Councilwoman
AYES: Colsey, Beale, Bettina, McCarthy, Paoloni
Town of'Wappinger Page 2 Printed 10/20/2008
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON THE ADOPTION OF THE PROPOSED
LOCAL LANA' ENTITLED "LOCAL LAW NO. OF THE YEAR 2008,
RENTISING FEES FOR COPYING TOWN RECORDS"
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
�A'appinger, County of Dutchess and State of New York.
That on September 29, 2008, your deponent posted a copy of the Notice of
Public Hearing on the Adoption of the Proposed Local Law Entitled "Local
Law No. of the Year 2008, Revising Fees for Copying Town Records", on
the signboard maintained by your deponent in his office in the Town Hall of
the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess
County, New York.
ohn C. Masterson
Town Clerk
Town of Wappinger
Iwo i to before )me the 29th day of September, 2008
NOTARY'UBLIC
MARIA GILBRIDE
Notary P blit., State of New York
Reg. No. O1G15087374
Qualifiedin Dutkjit�ss Count
Commission Expires Nov. 3,�
Q C
I F 'P F P t -T' C 'f
I' j I
; Id I I ( ]-I t -'1 1' 1 P f I-) ( :" Ilie t h I : 1 C: t - 1.q , Il f hli [ I' I I I ^- i 7" i ) 11 '1 r�
t 1',) F 1.0
i -I Fi I I I I Ili i oi(lit
IIv f) I
I r I") i i 1"I av i
-TOWN CLERK
andt(
�for
copf
PLEA
: A-:, I
THEW ... .... . . . . . . . . . .
the TO
determi, ildc the
enactment of the
aforesaid Local Lawi,,
('11 1 t
an Unlisted Actior
tzi i -I I' :7
sions of, New York
Jp P -1 I,li F 1 F I I
l:-
t
t 1'
;vt I -I c,
Part 617 and,: Local
h i
h
(WEQR), The Town
Board , has deter-
mined that the pro-
posed action will not
; Id I I ( ]-I t -'1 1' 1 P f I-) ( :" Ilie t h I : 1 C: t - 1.q , Il f hli [ I' I I I ^- i 7" i ) 11 '1 r�
t 1',) F 1.0
i -I Fi I I I I Ili i oi(lit
IIv f) I
I r I") i i 1"I av i
-TOWN CLERK
andt(
�for
copf
PLEA
: A-:, I
THEW ... .... . . . . . . . . . .
the TO
determi, ildc the
enactment of the
aforesaid Local Lawi,,
an Unlisted Actior
pursuant to the provi
sions of, New York
State Environmental
Quality Review Act
,(81EQRA),6* NYCRR
Part 617 and,: Local
Law No.6 of 1992
(WEQR), The Town
Board , has deter-
mined that the pro-
posed action will not
have any environ-
mental significance.
PLEASE TAKE FUR-
THER',INOTICE that
copies! of the pro-
posed: Local Law are
,available for review
and inspection at the
Office of the Town
Clerk on weekdays
from 8:30 a.m. to 4:00
p.m., at the Town Hall,
201 Middlebush Road,
Wappingers, Falls,
New York.
Dated:
September 29th,
200r"
NOTICE OF'PU8LIC!,
BV,O,kDEROF'THE
HEARING,�
''TOWN BOARD
TOWN OP�
OF THETOWINOF
WA10PIN'GER
•WAPPINGER
NOTICE IS HEREBY
JOHN C. MASTER -
GIVEN that the Town
' SON; TOWN
Board of thelTown of
Rappingor will con-
ducta PUBLIC H EAR-
INGont ' he 15th day of
October
,2008,at7:OO
D.M. at the
e To� wn Hall,
Town � of, �� Wqppinger,
20 Middlebush Road,
w uv u:+L W,.� uJ `•� •Ws� hJ/ g K5 .61j el+,W Y'Lu G ,F1'lll
Potjghkdepsie� N.Y.
AFFIDAVIT OF PUBLICATION
_IVED State of PJew York
o 6 2008 County of Dutchess
TOWN CLERK City of Poughkeepsie
N01 ICE OF Rita Lombardi , of the City of Poughkeepsie,
PUBLIC HEARING Uutchess County, new York, being duly sworn, says
TOWN Of WAPPINGER
NOTICE IS HEREBY
GIVEN that the Town that at the several times hereinafter mentioned he/She
Board of the Town of
Wappinger will conduct
PUBLIC NEARING on thee was and still is the Principle Clerk of the Poughkeepsie
15th day of October, 2008,
at 7:00 p.mat the Town newspapers Division of Gannett Satellite Information
Hall, Town of Wappinger,
20 Middlebush Road, network, Inc.,
Wappingers Falls, New publisher of the Poughkeepsie Journal, a
York, at which time all
eve
parties in interest and cl- newspaper printed and published
tens shall have an oppgr; ty day in the year
tunity to be heard as lo� 2008 in the city Of P
whether the Town Board — ou ghkeepsle, ®L1tChesS C®Unty,
of the Town of Wappin9g new YOrk
shall adopt a pw6sed� , and that the annexed notice was duty
Local Law entitled "Local
Law No. __ of the Year published in the said newspaper for
2008, Revising Fees for fZn� f nSertiOri
Copying Town Records." successive) in each week
PLEASE TAKE FURTHER y' commencingon the
NOTICE that the purpose lst. Oct.
and intent of the, pro. �_ day of
in the year of
posed Local Law is to ; 2008
amend 0 122-16 B of the and on the following dates thereafter, on:
Town of Wappinger Code
Fee Schedule to allow the
Town Clerk to charge the
cost of reproduction for
oversized copies to reflect theactualactual costs incurred
and to increase the fee for
certification of copies.
PLEASE TAKE FURTHER _
NOTICE that the Town "
Board has determined
that the enactment of the a
aforesaid Local Law is an - —_
Unlisted Action pursuant
to the provisions of New
York State Environmental and L-'ndi- O
Quality Review Act (SE- rJ n the day Of
ORA), 6 NYCRR Part 617 _ ii t
th
and Local Law No.6 of the year of 2008 v
1992 (WEQR). The Town 9th inclusive.
Board has determined
that the proposed action
will not have any environ- �
mental significance.
PLEASE TAKE FURTHER �' G
NOTICE that copies of the
proposed Local Law are
available for review and
inspection at the Office of Subscribed and sworn to before nne III
the, Town Clerk on week- J
days from 8:30 a.m. to y� da y
4:00 p.m., at the Town' in t118 year of 2008Hall, 20 Middlebush Road,
Wappingers Falls, New
York.
Dated:
September 29th, 2008
BY ORDER OF THE �,✓ f//t %t��(,/ft
TOWN BOARD \`
OF THE TOWN OF
WAPPINGER
JOHN C. MASTERSON
TOWN CLERK NOtauT Public --
L_ — 9,175 kkN CIBSLUh
- i,.;, STATE OF NEW YORK
o,
tll 1ll�l;; ;Lt, III DUTCHESS COUNTY
l
"" 1 ' l_XPIRES OCTOBER 14, 2.00 �
Special Meeting Minutes October 15, 2008
VII. Public Portion
Motion To: suspend the Rules for Public Comment on the Agenda Items
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER: Vincent Bettina, Councilman
AYES: Colsey, Beale, Bettina, McCarthy, Paoloni
Public Comments on the Agenda Items
Councilwoman McCarthy made a motion to suspend the Rules for public comment on the
Agenda Items. The motion was seconded by Councilman Bettina and passed unanimously.
There were no comments on the Agenda items. Councilman Bettina made a motion to reinstate
the Rules. The motion was seconded by Councilwoman McCarthy and passed unanimously.
Motion To: Reinstate the Rules
RESULT:
MOVER:
SECONDER:
AYES:
VIII. Resolutions
ADOPTED [UNANIMOUS]
Vincent Bettina, Councilman
Maureen McCarthy, Councilwoman
Colsey, Beale, Bettina, McCarthy, Paoloni
RESOLUTION: 2008-296
Resolution Adopting "Local Law No. 5 of the Year 2008, Creating a New Article V11 of
Chapter 35 of the Town Code, "Justice Court Personnel", and Repealing Local Law 9 of
1991 Codified as Article III of Chapter 35, "Deputy Court Clerk", of the Code of the Town
of Wappinger
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2008,
Creating a New Article VII of Chapter 35 of the Town Code, `Justice Court Personnel', and
Repealing Local Law 9 of 1991 Codified as Article III of Chapter 35 `Deputy Court Clerk' of the
Code of the Town of Wappinger"; and
WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and
the Poughkeepsie Journal, the official newspaper of the Town; and
WHEREAS, the Public Hearing was held on September 22"a, 2008, and all parties in
attendance were pennitted an opportunity to speak on behalf of or in opposition to said proposed
Local Law or any part thereof; and
WHEREAS, the Town Board determined that the proposed Local Law was not subject to
Environmental Review; 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, as follows:
I. 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. 5 of
the Year 2008, 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 to 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.
Toon of Wappinger
Page 3 Printed 10/20/2008
Special Meeting Minutes October 15, 2008
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-296
Yes/Aye
No/Nay
Abstain
Absent
El
Adopted
Christopher Colsey
Voter
z
El
❑
El
Adopted as Amended
William Beale
Seconder
Lit
El
El11
El
Deferred
"tabled
Vincent Bettina
Initiator
El
El
El
❑
Withdrawn
Marilee]) McCarthy
Voter
❑
❑
❑
Joseph Paoloni
Voter
D
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
Town of {Vnppmger - Prnge 4 Printed 10/20/2008
LOCAL LA«' NO. 5 OF TILE YEAR 2008
A Local La" entitled "Local Law No. 5 of the Year 2008, Creating a New Article VII of
Chapter 35 of the Town Code. 'Justice Court Personnel', and repealing Local Lave 9 of 1991
codified as Article III of Chapter 35 'Deputy Court Clerk' of the Code of the Town of Wappinger."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title and Purpose:
This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 5 of
the Year 2008, Creating a New Article VII of Chapter 35 of the Town Code, "Justice Court
Personnel`, and repealing Local Law 9 of 1991 codified as Article III of Chapter 35 'Deputy
Court Clerk' of the Code of the Town of Wappinger." This Local Law No. 5 of the Year 2008,
establishes and creates the New Article VII of Chapter 35, "Justice Court Personnel" of the Code
of the Town of Wappinger, and repeals Local Lawv 9 of 1991 codified as Article III of Chapter 35
"Deputy Court Clerk" of the Code of the Town of Wappinger and incorporates the provisions of
Article III in this new Article VII.
Section It: Legislative Intent:
The Town of Wappinger Justice Court is currently staffed with the positions of Court
Clerk, Deputy Court Clerk and two Clerks to the Justices. It appears these positions were Gomm
approved by the "mown Board by Resolution and/or Motion of the Town Board many years ago.
Ho,vever, New York State Civil Service Law Section 41.1. (d) requires that the creation of these
positions must be made by the adoption of a Local Law. A search of the Town's records
indicates that no such Local Law, has been previously adopted by the Town Board and it is the
purpose and intent of this Local Law to comply with the provisions of the New York State Civil
Service Lax. It is noted that pursuant to Local Law No. 9 of 1991, the Town Board permitted the
position of Deputy Court Clerl: of the JUstice Court of the Town of Wappinger to be filled by a
person who is not a resident or elector of the Town of Wappinger. Local Law No. 9 of 1991 is
codified in Chapter 1� "Officers and Employees". Article III "Deputy Court Clerk" of the Town
Code of the Town of \Wappinger. By adoption of this Local Law, Article III of Chapter 35 of the
code of the Town of Wappin<aer will be repealed in its entirety and the teens thereof contained
`� in the nem Article V'II of Chapter 35.
Section III: Repeal of Local Law 9 of 1991: "Deputy Court Clerk":
Local Law 9 of 1991 of the Code of the Town of Wappinger, codified as Article III of
Chapter 35 of said Town Code; is hereby repealed in its entirety; with the teens and contents thereof
to be included in the new Article VII of Chapter 35 of the Code of the Town of Wappinger as
hereinafter enacted.
Section IV: Enactment of Chapter 35 Article VII: "Justice Court Personnel":
A new Article VII of Chapter 35 of the Code of the Town of Wappinger is hereby created
and adopted to read as follows:
"ARTICLE VII
JUSTICE COURT PERSONNEL
35-30: PURPOSE.
The purpose of this Local Law is to comply with the provisions of New York State Civil
Service Law- Section 41.1.(d) to authorize and confirm the creation and appointment of non -judicial
Justice Court positions by Local Law.
35-31: CREATION OF THE POSITION OF COURT CLERK.
The Town Board, in accordance with the provisions of New York State Civil Service Law
Section 41.1.(d). hereby establishes and confirms the creation and appointment of the full-time
-1)-
position of Court Clerk, in accordance with New York State Uniform Justice Court Act Section 109
The Court Clerk will have those duties as authorized by New York State Uniform Justice Court Act
Section 109, or as assigned by any applicable rule or regulation and shall perform the duties as
identified by the Dutchess County Department of Personnel job classification for the position of
"Court Cleff'. The position of Court Clerk is hereby classified as `'exempt'' pursuant to Civil
Service Rules and Regulations.
§ 35-32: CREATION OF THE POSITION OF DEPUTY COURT CLERK
A. The Town Board; in accordance with the provisions of New York State Civil Service
Law Section 41.1.(d). hereby establishes and confirms the creation and appointment of the full-time
position of Deputy Court Clerk, in accordance with New York State Uniform Justice Court Act
Section 109. The Deputy Court Clerk will assist the Court Clerk in the performance of his./her duties
along with any other duties assigned by the Court Clerk or by the Justices of the Town of
Wappinger Justice Court. The Deputy Court Clerk shall also have all authority and duties set forth
nt Act Section 109, or as assigned by any applicable rule
in the New York State Uniform Justice Cou
or regulation. The Deputy Court Clerk shall assume all the duties, privileges and obligations of the
Court Clerk iii the absence or inability to perform of the Court Cleric. In such instances, the Deputy
Court Clerk may act for and in the place of the Court Clerk. The position of Deputy Court Clerk is
hereby- classified as "exempt'' pursuant to Civil Service Rules and Regulations.
B. Waiver of Residency Requirements for Deputy Court Clerk:
The Town Board acla-iowledges that § 23, Subdivision 1, of the Town. Lam% of the
State of New York requires every officer of the Town at the time of his/her appointment and
throughout his/her term of office to be an elector of the Town. Additionally, § 3, Subdivision 8, of
the Public Officers Law provides that those persons appointed to non -judicial positions in town
- 3 -
justice courts shall be a resident of such town. However, b)amendment to § of the Public Officers
the State Leuislature has exempted the residence requirements for any position within the
office of Court Clerk: in the Town of Bedford; and specifically exempted a Deputy Court Cler1 from
the residency requirements thereof.
?. Section 10 of the Municipal Home Rule Law of the State of New Yorl, authorizes a
town to adopt by local lave , for its own purposes, any statutory provision, amendment or exemption
which has been expressly authorized by the State Legislature for any other named town, thereby
superseding general statutory provisions to the contrary. Town Law § 20 also authorizes the Town
Board to appoint a Clerk; of the Court upon the "advise and consent's of the Town Justices.
3. The Town Board has received a request fi-om the Town Justices seeking to appoint a
person v) ho is a non-resident of the Town of Wappinger to the position of Deputy Court Clerk. The
Town Justices noted that they blew this person to be a skilled and qualified person having served in
a similar capacity in another municipality in Dutchess County, New York.
4. The purpose and intent of this article is to enable the Town Board to appoint a non-
resident of the Town of Wappinger to the position of Deputy Court Clerk.
5. In accordance with the legislative intent noted above, the person or persons
appointed to the position of Deputy Court Cleric of the Justice Court of the Town of Wappinger
shall not be required to be a resident or elector of the Town of M7appinger in order to hold and serve
such position.
§ 3-5-33. CREATION OF THE POSITION OF CLERK TO THE JUSTICE.
The Town Board, in accordance with the provisions of New York State Civil Service Law
Section 41.1.(d). hereby establishes and confirms the creation and appointment of the full-time
Position of Cleric to the Justice, in accordance with New York State Uniform Justice Court Act
-4-
"MW
Section 109. There shall be two such Clerks to the Justice, one for each elected Justice. The job
duties of the Clerk to the Justice shall be as set forth and defined in the job description for a Clerk to
the Justice maintained by the Dutchess County Department of Personnel. The position of Clerk to
the .Justice is hereby classified as "exempt" pursuant to Civil Service. Rules and Regulations.
§ 35-34. SALARIES.
The salaries of the Court Clerk, Deputy Court Clerk and Clerks to the Justices shall be •••
established by the Town Board of the Town of Wappinger yearly at the Town Board's aiuival
Reorganization Meeting.
§ 35-35. APPOINTMENT.
The Court Clerk, Deputy Court Clerk and Clerks to the Justices shall be employed by
appointment of the Town Board upon the advice and consent of the Town Justices. Such
appointments shall be made at the re -organizational meeting of the Town Board each year hereafter.
§ 35-36. SUPERSESSION.
This Article is intended to supersede any contrary provisions contained in Town Law H 20
and 23, or Public Officers Law 3, Subdivision 8 with respect to the residency requirements of the
Deputy Court Clerk."
Section'\': Numbering for Codification:
It is the intention of the Town of «iappinger and it is hereby enacted that the provisions of
this Local Law shall be included in the Code of the Town of Wappingers that the sections and sub-
sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such
intention; the Codifier shall make no substantive changes to this Local Law ;the word "Local Law"
shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and
- 5 -
any such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section VI: Separability:
The provisions of this Local Law are separable and if any provision, clause,
sentence_ subsection. word or part thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality,
or inapplicability, shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this local law or their 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.
Section VII: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law Municipal Home Rule Law.
-6-
special Meeting Minutes October 15, 2008
RESOLUTION: 2008-297
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;
WHEREAS, the Town received unanticipated revenues in the amount of Forty Eight
Thousand - Nine Hundred Dollars ($48,900.00) for cell tower fees;
WHEREAS, the unanticipated revenues were allocated to A2410.000 (Rental of Real
Property) upon receipt;
WHEREAS, the Town Board authorized the purchase and bonding of certain technology
equipment and software through Resolution No. 212, on July 23, 2008;
WHEREAS, the Town Accountant presented a summary of the Town finances on
September 8, 2008;
WHEREAS, the Town Board directed the Town Accountant to research the alternate
method of utilizing current budget balances rather than bonding the aforementioned technology
equipment and software;
WHEREAS, the Town Board amended the adopted budget through Resolution 2008-272
thereby transferring $20,000.00 to budget line item A 1315.406 (Accounting Software), on
September 22, 2008; and,
WHEREAS, the Town Accountant, after additional research, recommends the utilization
of the unanticipated revenues as allocated to budget line item A2410.000 (Rental of Real
Property) to offset the purchase of the aforementioned technology equipment and software,
thereby eliminating the necessity of incurring indebtedness through bonding.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the
Town Accountant to affect the following budget amendments to the Town of Wappinger Budget
adopted for the calendar year of 2008 for the purpose of eliminating the necessity of incurring
indebtedness through bonding:
Increase
A0960 (Appropriations)
$48,900.00
Increase
A0510 (Estimated Revenues)
$48,900.00
Increase
A2410.000 (Rental of Real Property)
$48,900.00
Increase
A1315.406 (Comptroller Software)
$16,000.00
Increase
A 1410.409 (Town Clerk Software)
$12,500.00
Increase
A1680.400 (Central Data Processing)
$20,400.00
El
Total
$48,900.00
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-297
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
Christopher Colsey
Voter
Q
El
El
El
13 Adopted as Amended
William Beale
Voter
Rl
El
ElEl
Defeated
Vincent Bettina
Initiator
0
El
❑
El Tabled
❑ Withdrawn
Maureen McCaithy
Seconder
2
❑
❑
❑
Joseph Paoloni
Voter
Rl
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
Motion To: amend Resolution 2008-298 to set Public Hearing date
RESULT: ADOPTED ]UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Maureen McCarthy, Councilwoman
AYES: Colsey, Beale, Bettina, McCarthy, Paoloni
RESOLUTION: 2008-298
Resolution to Authorize a Public Hearing on the Intended Use of Community Development
Block Grant Funds
WHEREAS, the Dutchess County Department of Planning and Development is soliciting
Totm of lthippinger Page 5 Primed 10/20/2008
Special Meeting Minutes October 15, 2008
applications for the 2009 Community Development Block Grant Program; and
WHEREAS, the Town of Wappinger intends to make application for a Community Development
Block Grant pursuant to the Dutchess County Department of Planning and Development's Community
Development Block Grant Program for calendar year 2009; and
WHEREAS, the Town of Wappinger is required to hold a Public Hearing to discuss the Town's
intended use of Community Development Block Grant Funds prior to and in furtherance of making
application for said funds.
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 schedules a Public Hearing to be held at Town Hall, 20
Middlebush Road, Wappingers Falls, New York, on the 5th day of November, 2008 at
7:00 P.M. at which time all parties in interest and citizens shall have an opportunity to offer comments
and suggestions on the 't'own's intended use of Community Development Block Grant Funds being
applied for by the Town of Wappinger for calendar year 2009.
3. The Town Board has determined that pursuant to 6 NYCRR 617.5 (c) (20) the proposed
adoption of the aforementioned Resolution is a Type II action not requiring environmental review
pursuant to the State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of
1992 and, accordingly, no environmental review has been undertaken.
4. John C. Masterson, Town Clerk to the Town of Wappinger, is hereby directed to post and
publish the Notice of Public Hearing in the form annexed hereto which said publications are to be made in
the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled
Public Hearing.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-298
Yes/Aye
No/Nay
Abstain
Absent
El
Adopted
Christopher Colsey
Voter
0
❑
❑
❑
❑
Adopted as Amended
William Beale
Initiator
2
❑
❑
❑
❑
Defeated
Vincent Bettina
Seconder
Q
❑
❑
❑
❑
Tabled
❑
Withdrawn
Maureen McCarthy
Voter
D
❑
❑
❑
Joseph Paoloni
Voter
D
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
RESOLUTION: 2008-299
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; and
WHEREAS, since the Town Board has resolved to utilize a civil service Town
Accountant, as hired effective July 2008, the duties of auditing claims 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 21143 with a total of Fifty Nine Thousand, Eight Hundred
Eighty -Three Dollars and 50/100 ($59,883.50);
2. Abstract 21144 with a total of Forty Thousand, Forty -Four Dollars and
36/100 ($40,044.36);
3. Abstract 21145 with a total of Thirty -Eight Thousand, Seven Hundred
Forty -Three Dollars and 10/100 ($38,743.10);
4. Abstract 21 146 with a total of One Hundred Sixteen Thousand, Five
Hundred Thirty -Three Dollars and 58/100 ($116,533.58); and,
5. Abstract 21 147 with a total of Seventy -Five Thousand, One Hundred
Seven Dollars and 57/100 ($75,107.57);
6. Abstract 21148 with a total of One Hundred Ninety -Four Thousand, Two
Town of Wappinger- Page 6 Printed 10120/2008
Special Meeting Minutes October 15, 2008
Hundred Eighteen Dollars and 51/100 ($194,218.51).
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 Abstracts 21143 through 21148.
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 -2008-299
Yes/Aye
No/Nay
Abstain
Absent
D
Adopted
Christopher Colsey
Voter
23
El
El
El
Adopted as Amended
William Beale
Voter
0
❑
❑
❑
El
Defeated
Vincent Bettina
Seconder
Z
El
❑
11
Tabled
Withdrawn
Maureen McCarthy
Initiator
Z
11
El
El
Joseph Paoloni
Voter
❑
❑
0
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
Motion To: amend Resolution 2008-300 to set Public Hearing date
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER: Vincent Bettina, Councilman
AYES: Colsey, Beale, Bettina, McCarthy, Paoloni
RESOLUTION: 2008-300
Resolution Introducing Local Law No. of 2008 Containing Zoning Text Amendments „M00
Regarding Post -Approval Escrow Accounts
WHEREAS, the Town Board of the Town of Wappinger has detennined that the
Zoning Law should be amended so as to modify the provisions regarding post -approval
escrow accounts (the "Proposed Action"); and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has detennined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board of the Town of Wappinger hereby introduces for consideration of
its adoption proposed Local Law No. of 2008 in the form annexed hereto; except
as specifically ;modified by the amendments contained therein, the Zoning Law as
originally adopted and amended from time to time thereafter is to remain in full force
and effect and is otherwise ratified, readopted and confirmed.
2. The Town Board has reviewed the Proposed Action and hereby reserves the right to _„
make its Detennination of Significance pursuant to SEQRA at the conclusion of the
Public Hearing(s) on the proposed amendments to the Zoning Law.
3. The Town Board hereby schedules a public hearing regarding the adoption of the
annexed proposed Local Law No. of 2008 for 7:00 PM on the 24th day of
November, 2008 and the Town Clerk is hereby directed to publish notice thereof in
the Town's official newspapers not less than ten (10) days prior to said public hearing
date.
4. The Town Board hereby directs the Town Clerk to act as follows with respect to the
proposed Zoning Law:
1"onvi of Wappinger Page 7 Printed 10/20/2008
Special Meeting Minutes October 15, 2008
a. To serve a copy of this resolution, the annexed proposed Local Law, and the
public hearing notice to the municipal clerk of each abutting municipality not
less than ten (10) days prior to said public hearing;
b. To serve a copy of this resolution, the annexed proposed Local Law, and the
public hearing notice to the Dutchess County Department of Planning and
Development for advisory review in accordance with Section 239 of the
General Municipal Law; and
C. To distribute a copy of this resolution, the annexed proposed Local Law, and
the public hearing notice to the Town of Wappinger Planning Board for its
review and recommendation pursuant to Section 240-112 of the Zoning Law
.... prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-300
Yes/Aye
Ves/Aye
No/Nay
Abstain
Absent
D
Adopted
Christopher Colsey
seconder
10
❑
❑
❑
❑
Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑
Defeated
Vincent Bettina
Voter
0
❑
❑
❑
❑
El
Tabled
Maureen McCarthy
Initiator
10
El
El
❑
Withdrawn
Jose h Paoloni
Voter
21
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
RESOLUTION: 2008-301
Resolution Authorizing Code Enforcement Officials to Attend Local Code Enforcement
Seminar
WHEREAS, New York State certified Code Enforcement Officers are required to attend
twenty-four (24) hours of training per year to maintain such status; and
r..� WHEREAS, George Kolb, Director of Code Enforcement has requested that the
following employees be authorized to attend a local seminar for Code Enforcement Officers with
the cost of tuition only paid by the Town of Wappinger:
George Kolb - Director of Code Enforcement
Mark Liebermann - Fire Inspector
Tatiana Lukianoff - Zoning Administrator
Salvatore Morello - Code Enforcement Officer
Susan Dao - Code Enforcement Officer
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 the aforementioned employees to attend a
local seminar for Code Enforcement Officers, with the cost of tuition at a per
employee cost of $65.00 paid by the Town of Wappinger through budget line item
B3620.400.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-301
Yes/Aye
No/Nay
Abstain
Absent
Rl Adopted
Christopher Colsey
Voter
Z
❑
❑
❑
❑ Adopted as Amended
William Beale
Initiator
0
❑
❑
❑
❑ Defeated
Vincent Bettina
seconder
2
❑
❑
❑
❑ Tabled
Maureen McCarthyEl
Voter
�
❑
❑
El Withdrawn
Jose h Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
Town of Wappinger Page 8 Printed 10/20/2008
Special Meeting Minutes October 15, 2008
RESOLUTION: 2008-302
Resolution Authorizing Purchase of Hydraulic Salt Spreaders
WHEREAS, the Town Highway Superintendent has recommended the purchase of two
hydraulic salt spreaders for use by the Town of Wappinger Highway Department; and
WHEREAS, on August 11, 2008, the Town Board considered Resolution 2008-209,
which dealt with the issuance of $47,000 in bonds for the purchase of certain equipment for the
Highway Department, including hydraulic salt spreaders, which cost less than $15,000 each; and
WHEREAS, at its August 11, 2008 meeting, the Town Board discussed several options
for funding the purchase of salt spreaders from current Town Funds; and
WHEREAS, at its August 11, 2008 meeting, the Town Board tabled Resolution 2008-
209 but authorized the Town Highway Superintendent to solicit bids for an Air Saw, two Salt ..�
Spreaders and a Jumping Jack; and
WHEREAS, the Highway Superintendent solicited bids for 2 hydraulic salt spreaders;
and
WHEREAS, bids were opened on September 30, 2008, for 2 Hydraulic Salt Spreaders
by Town Clerk, John C. Masterson; and
WHEREAS, the following bids were received:
Bidder
Unit Price
Total
Hudson River Truck & Trailer
$10,541.00
$21,082.00
Chemung Supply Corp.
$12,500.00
$25,000.00
Keil Equipment Co. Inc.
$13,335.00
$26,670.00
Westchester Tractor, Inc.
$16,687.00
$33,374.00
Amthor Welding Inc.
$17,790.00
$35,580.00
WHEREAS, Highway Superintendent Graham Foster has reviewed the above noted bids
and has submitted a bid recommendation dated September 30, 2008, a copy of which is attached
hereto.
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 awards the contract for the purchase of 2 Hydraulic Salt
Spreaders to Hudson River Truck & Trailer, the lowest responsible bidder.
3. The Town Highway Superintendent, Graham Foster is hereby authorized to ""
purchase 2 Hydraulic Salt Spreaders from Hudson River Truck & Trailer and submit a voucher
for payment to the Town Board in accordance with the Town of Wappinger Procurement Policy
and Town Law.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-302
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Christopher Colsey
Voter
0
❑
❑
❑
❑
Adopted as Amended
William Beale
Initiator
0
❑
❑
❑
❑
❑
Defeated
Vincent Bettina
Voter
Z
❑
❑
❑
❑
Tabled
Withdrawn
Maureen McCarthy
Seconder
0
❑
❑
❑
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
RESOLUTION: 2008-303
Resolution Authorizing Re -Levy of Unpaid 2008 Water & Sewer Charges
WHEREAS, the last day for payments to be made at Town Hall for unpaid water/sewer
accounts is November 18, 2008.
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. Debbie Brown, Water/Sewer Billing Clerk to the Town of Wappinger is hereby
authorized to forward all unpaid water/sewer accounts to the Dutchess County Department of
Real Property Tax on November 21, 2008, to be re -levied upon the 2009 County Land Tax bills.
11 wn oFWappinger Page 9 Printed 10/20/2008
Special Meeting Minutes October 15, 2008
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-303
Yes/A3°e
No/Nay
Abstain
Absent
Adopted
Christopher Colsey
Voter
0
El
El
El
❑
Adopted as Amended
William Beale
Voter
0
11El❑
El
Defeated
Vincent Bettina
Seconder
0
El
El
El
El
Tabled
Withdrawn
Maureen McCatthy
Initiator
0
El
El
❑
Withdrawn
Jose h Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
RESOLUTION: 2008-305
Resolution Authorizing Consultants to Advise Water and Sewer Committee
WHEREAS, Supervisor Christopher J. Colsey has created a Water and Sewer
Committee consisting of Councilmen Vincent F. Bettina and Joseph P. Paoloni to study water
and sewer issues, extension of water and sewer districts and authorization to pen -nit outside users
to connect to the water and sewer systems; and
WHEREAS, the Water and Sewer Committee may need the advice of the Town's
Consultants to assist them in their deliberations, studies and determinations
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. Robert J. Gray, P.E., and Albert P. Roberts, Attorney to the Town, are hereby
authorized to meet with the Water and Sewer Committee to provide such professional assistance
as the Water and Sewer Committee may deem necessary and appropriate.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-305
Yes/Aye
No/Nay
Abstain
Absent
Adopted
Christopher Colsey
Voter
0
❑
❑
❑
[I
Adopted as Amended
William Beale
Initiator
0
El
❑
❑
Defeated
Vincent Bettina
seconder
0
❑
El
El
Tabled
Maureen McCarthy
Voter
0
El
El
❑
Withdrawn
Jose h Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
RESOLUTION: 2008-306
Resolution Denying Moratorium Hardship Waiver
WHEREAS, Brooks Real Estate Development, on behalf of the Homestead Farris
Subdivision, has made application to the Town Board to be exempted from the provisions of the
Town Wide Moratorium on Residential Development; and
WHEREAS, the Town Board conducted a Public Hearing on September 22, 2008; and
WHEREAS, Brooks Real Estate Development made a presentation to the Town Board in
support of the application; and
WHEREAS, the Town Board heard the presentation and all evidence submitted on
behalf of Homestead Farms Subdivision; and
�..r. WHEREAS, the Town Board detennined that the evidence presented was insufficient to
establish a hardship on the part of the applicant; and
WHEREAS, the Town Board adopted a verbal motion to deny the application; and
WHEREAS, the Town Board wishes to formalize the denial of the application by written
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 hereby confirms that the application of Brooks Real Estate
Development on behalf of the Homestead Farms Subdivision, for exemption from the provisions
Town of W'appinger Page 10 Printed 10/20112008
Special Meeting Minutes October 15, 2008
of the Town Wide Moratorium on Residential Development, was denied on the basis that the
applicant had failed to establish hardship.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-306
Yes/Aye
No/Nay
Abstain
Absent
Adopted
Christopher Colsey
Voter
0
❑
El
❑ Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
0
❑
11
El Tabled
Maureen McCarthy
Seconder
CEJ
❑
11
❑ Withdrawn
Joseph Paoloni
Initiator
0
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
RESOLLJTION: 2008-308
Resolution Amending Resolution 2008-283 for Lee Knolls
WHEREAS, pursuant to Resolution No. 2008-283, the Town Board accepted the roads,
easements and utilities and other improvements in Phase IV of the Lee Knolls Subdivision; and
WHEREAS, O'Donnell Builders of Dutchess, Inc. posted a Maintenance Agreement
secured by a Letter of Credit in the principal sum of Fifty -Seven Thousand, One Hundred
Twenty -Three Dollars and 00/100 ($57,123.00) to secure the obligations contained in the
Maintenance Agreement; and
WHEREAS, principal amount of the Letter of Credit was erroneously described as being
in the amount of Twenty -Three Thousand, Three Hundred Twenty -Eight Dollars and 00/100
($23,328.00) in Resolution No. 2008-283.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Resolution No. 2008-283 is hereby amended to reflect that the Maintenance
Agreement executed by O'Donnell Builders of Dutchess, Inc., posted with the Town of
Wappinger as the guarantee that the quality and workmanship of the improvements of the Phase
IV of the Lee Knolls Subdivision will be free from defects in materials for a period of one year,
was secured by a Letter of Credit issued by M&T Bank, bearing No. SB -906323-2000 in the
principal sum of Fifty -Seven Thousand One Hundred Twenty -Three ($57,123.00) Dollars.
Except for the amount of the security bond posted to secure the Maintenance Agreement
executed by O'Donnell Builders of Dutchess, Inc., Resolution No. 2008-283 is herby otherwise
ratified and continued.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-308
Yes/Aye
No/Nay
Abstain
Absent
0 Adopted
Christopher Colsey
Voter
0
❑
❑
❑
❑ Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑ Defeated
❑ Tabled
Vincent Bettina
Seconder
0
❑
❑
❑
❑ Withdrawn
Maureen McCarthy
Initiator
0
❑
❑
❑
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
Motion To: Amend Resolution 2008-309 to set Public Hearing Date
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: William Beale, Councilman
AYES: Colsey, Beale, Bettina, McCarthy, Paoloni
!'c.,rn of,Wappinger Page !L Printed /0/20/2008
Special Meeting Minutes October 15, 2008
RESOLUTION: 2008-309
Resolution Introducing Local Law No. of the Year 2008 Establishing Stop
Intersections and No Parking Zones
WHEREAS, residents have alerted Town officials to potentially hazardous traffic
situations in the Town of Wappinger at the intersection of Market Street and Spring Street, the
intersection of Marlorville Road and Connor Road and an unsafe parking situation along Ronsue
Drive that could prevent access for emergency vehicles; and
WHEREAS, Alfreda Drive was recently accepted as a Town Road with a Stop Sign at its
intersection with Ketchamtown Road; and
WHEREAS, the Highway Superintendent and the Town Engineer have investigated
these locations and have recommended that the Town Board install signs to control these
situations; and
WHEREAS, the Town Fire Inspector recommends the creation of a No Parking Zone to
insure the safe passage of emergency vehicles along Ronsue Drive; and
WHEREAS, the Town Board reviewed the recommendations of the Highway
Superintendent, the Town Engineer and the Town Fire Inspector and examined the facts and
circumstances, and the Town Board has detennined that it is in the best interest of the citizens of
the Town of Wappinger to revise the "T'own's Vehicles and Traffic Code to create three new stop
intersections and to designate a no parking zone on Ronsue Drive; and
WHEREAS, the Town Board has determined that the proposed Local Law is not subject
to environmental review.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby introduces for consideration of its adoption proposed
Local Law No. of the Year 2008 "Establishing Stop Intersections and No Parking Zones"
in the form annexed hereto; except as specifically modified by the amendments contained
therein, Chapter 230 as adopted and amended from time to time thereafter is to remain in full
force and effect and is otherwise to be ratified, readopted and confirmed.
3. The Town Board hereby determines that the enactment of the aforementioned
Local Law is a Type II action pursuant to 6 NYCRR 617.5(c)(16) and 6 NYCRR 617.5(c)(27)
and, accordingly, the Town Board hereby expressly detennines that this action is not an action
that requires review pursuant to the provisions of New York State Environmental Quality
Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 (WEQRA) or pursuant to 6
NYCRR Part 617.
4. The Town Board hereby schedules a Public Hearing regarding the proposed
adoption of the annexed Local Law No. of 2008 for 7:00 P.M., on the 10th day of
November 2008, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York,
and the Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in
the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less
than ten (10) days prior to said public hearing date and to post the notice of said public hearing
on the sign board of the Town.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-309
Yes/Ase
No/Nati
Abstain
Absent
0 Adopted
Christopher Colsey
Voter
0
❑
❑
❑
❑ Adopted as Amended
William Beale
Seconder
0
❑
❑
❑
❑ Defeated
Vincent Bettina
Initiator
0
❑
❑
❑
❑ Tabled
Maureen McCarthy
Voter
0
❑
❑
❑
❑ Withdiawn
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
amn October 15, 2008
The Resolution is hereby duly declared adopted.
RESOLUTION: 2008-310
Resolution Declaring Highway Equipment Surplus and Authorizing Its Sale by Public Bid
WHEREAS, the Town of Wappinger owns a 1996 Johnston Sweeper used by the
Highway Department and a 1993 Oldsmobile Cutlass Station Wagon that was used by the Town
Assessor, and
Town o(Wappinger Page 12 Printed 10/20/2008
Special Meeting Minutes October 15, 2008
WHEREAS, a new sweeper has been purchased for the Highway Department and the
Town Assessor has no further use for the Station Wagon; and
WHEREAS, the Town Highway Superintendent has recommended that the above items
are surplus and should be sold by public bid.
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 determines that the 1996 Johnston Sweeper and the 1993
Oldsmobile Cutlass Station Wagon have no further use by the Town and are surplus items.
3. The Highway Superintendent, the Town Supervisor and the Town Clerk are
hereby authorized to solicit bids from the public, or to hold a public auction for the above noted
surplus items; said surplus items shall be sold in AS IS CONDITION without any warranty as
to condition.
4. Proceeds from the sale of the items shall be first used to pay debt service that is
outstanding for the items, if any, and any balance that remains shall be paid into the highway
fund.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-310
Yes/Aye
No/Nay
Abstain
Absent
D Adopted
Christopher Colsey
Voter
0
1-10
❑
❑ Adopted as Amended
William Beale
Voter
0
El
El
El Defeated
Vincent Bettina
Initiator
23
El
El
El Tabled
El
Maureen McCarthy
Seconder
2
❑
El
El
Withdrawn
Jose h Paoloni
Voter
2
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
RESOLUTION: 2008-311
Resolution Adopting Local Law No. 6 of the Year 2008, Revising Fees for Copying Town
Records W.
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2008,
Revising Fees for Copying Town Records"; 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 October 15t1i, 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 Town Board has caused the preparation of a Short Form EAF; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that
it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, 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 has reviewed the intended action with respect to the criteria set
forth in Part 617.11 NYCRR and Section 117 of the Code of the Town of Wappinger and hereby
detennines that the intended action, to wit, the adoption of the referenced Ambulance
Notification Law, will not create any significant adverse impacts on the environment and hereby
issues a NEGATIVE DECLARATION OF SIGNIFICANCE for this action and directs the filing
of the EAF as required by law.
3. The Town Board of the Town of Wappinger hereby adopts Local Law No. 6 of
the Year 2008 entitled "Local Law No. 6 of the Year 2008, Revising Fees for Copying Town
Records", a copy of which is attached hereto and made part of this Resolution.
4. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
and in the Local Law Book for the Town of Wappinger and to give due notice of the adoption of
said Local Law to the Secretary of State of New York, as required by law.
Town of Wappinger Page 13 Printed 10/20/2008
Special Meeting Minutes October 15, 2008
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-311
Yes/Aye
No/Nay
Abstain
Absent
2
Adopted
Christopher Colsey
Seconder
0
❑
❑
❑
❑
Adopted as Amended
William Beale
Voter
Q
❑
❑
❑
❑
Defeated
Vincent Bettina
Initiator
2
❑
❑
❑
❑
Tabled
Maureen McCarthy
Voter
Rl
❑
❑
❑
❑
Withdrawn
Joseph Paoloni
Voter
D
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
Town of Wappinger Page 14 Printed 10/20/2008
LOCAL LAW N0. 0 OF THE YEAR 2008
A Local Law entitled "Local Law No. 6 of the Year 2008, Revising Fees for Copying
Town Records.':
BE 1T ENACTED by the Town Board of the Town of Wappinger as follows:
Section l: Title:
This Local Law shall be known and cited as Town of Wappinger, "Local 1_,aw No. 6 of %.
the Year 2008, Revising Fees for Copying Town Records."
Section 11: Legislative Intent:
Pursuant to Public Officers Law §87(l)(b)(iii), the Town of Wappinger may charge the
actual cost of reproduction for records that are greater in size than nine inches by fourteen inches
and for records that are not in a paper medium. Additionally, the Town Clerk has advised that the
current fee for certifying copies does not adequately reflect the costs incurred by his office. This
Local Law is intended to reimburse the Town for the costs actually incurred in malting copies.
Section III: Amendments to X122-16. Fee Schedule:
Section 122-16 B. is hereby amended to read as follows:
B. Chapter 50. Records
(1) § 50-7 A, Copies;
(a) For paper records up to nine (9) inches by fourteen (14) inches:
(i) $0?5, or;
(ii) the amount authorized by Public Officers Law
§87(1)(b)(iii) whichever is greater;
(b) For paper records in excess of nine (9) inches by fourteen (14)
inches and records not in a paper medium:
(i) $0.25, or;
(ii) the actual cost of reproducing the record, in accordance
with Public Officers Law §87(1)(c), whichever is
greater.
(2) § -50-7 B, Certification of Records:
(a) To prepare and certify a copy of any record or paper on
Flit, one dollar twenty-five cents per page with a minimum
fee of ten dollars.
(b) To certify a prepared copy of any record or paper on file,
one dollar per page m ith a minimum fee of ten dollars.
Section IV: Ninubering for Codification:
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local La"� shall be included in the Code of the Town of Wappinger; that the sections and
sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish
such intention; the Coditier shall male no substantive changes to this Local Law; the word
"Local Lam,,` shall be changed to "Chapter", "Section" or other appropriate word as required for
codification; and any such rearranging of the numbering and editing shall not effect the validity
of this Local Law or the provisions of the Code effected thereby.
Section V: Separability:
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, -word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this local lam, or their application to other persons or circunZstances. It is hereby declared
to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law
would ha\'e been adopted if such illegal, invalid or unconstitutional provision, clause, sentence,
subsection, word or part had not been included therein, and if such person or circumstance to
which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom.
Section NT Effective Date:
This Local Law shall become effective immediately upon filing with the
Secretary of State as provided by law Municipal Home Rule Law.
Special Meeting Minutes October 15, 2008
IX. New Business
Councilman Beale New Business
Councilman Beale thanked the Legislative Aide, Joseph Incoronato, for bringing a
constituent concern regarding the Recycle Center to his attention. The resident owns a house in
the Village of Wappingers Falls. He was declined a Recycle Center permit. The Town Clerk,
Chris Masterson, and Legislative Aide have asked that Councilman Beale reject or approve this
resident's request. Councilman Beale recommended that each special situation be presented to
the Town Board for discussion and for a decision. Graham Foster, Highway Superintendent,
noted that he would deny this resident on the spot if he was bringing in material from renovating
a property. Councilman Beale went on to say that the resident does not have a vehicle in his
name. The Town Clerk added that all members of the family have vehicles registered to their
company and the company address is an East Fishkill address. Councilwoman McCarthy
brought up the idea to charge a flat fee. She feels that residents that cannot prove residency
should pay to use the site and residents that do have proper documentation should be able to use
the site free of charge. Councilman Bettina feels that anyone that is paying Town taxes should
be able to use the site. Councilman Beale clarified that use of the site is a privilege and not a
right. Discussion about the method of charging people followed. Supervisor Colsey established
a Committee to discuss this topic. Councilman Beale and Councilman Paoloni will serve on this
committee. Councilwoman McCarthy asked that the Town Clerk continue to forward
documentation of special situations to the entire Board. Councilman Beale added that this
resident has asked that a portion of his taxes be refunded if he is denied access to the site. The
Town Clerk asked for clarification on what this particular resident is entitled to. Councilman
Beale replied that this resident needs to change his Driver's License to show a current Town
address. At that point he would be entitled to a one -day pass to use another vehicle if he would
like to do so.
Councilman Beale then noted that his street light issue on Steinhaus Lane will be on an
upcoming Agenda.
Councilman Bettina New Business
Councilman Bettina brought up the fuel topic for Carnwath. Bob Gray, Engineer to the
Town, noted that he has studied what it will cost to heat that building. He also pointed out that it
is not possible to heat specific zones in the dormitory. Councilman Bettina asked if the Town
Clerk, Chris Masterson, had the representative from New York State Archives tour the building.
The Town Clerk answered that Linda Bull, the RAO from State Archives, toured the donnitory
and the administrative building. Mr. Gray went on to explain that it would be a bad idea to shut
down the heat to that building and gave reasons why. He recommended looking at relocating the
Sports Museum and the Town Archives. Councilman Bettina asked if they could be moved to
the administration building. The Supervisor added that the Archives could not be moved there
either. Councilman Paoloni recommended establishing a committee to look at this.
Councilwoman McCarthy and Councilman Beale noted that there was a Carnwath Master Plan
Committee and felt that it might be wise to reconvene that committee. Councilman Bettina
agreed. Councilman Beale asked about the status of the roof repair project. Mr. Gray gave an
update. Discussion followed.
Councilwoman McCarthy New Business
Councilwoman McCarthy expressed her thanks for the quick placement of stop signs that
she had asked for. She then mentioned a constituent of the second ward that had brought an
issue to her attention. The resident lives in one house and her parents live in another house on
the same property. She would like to have the parents move in to her house and sell the other
house. The Planning Board is imposing restriction on what they can do. The Councilwoman
told the resident that she would bring it up to the Board. David Stolman, Town Planner, will
"am bring it up to Barbara Roberti, Planning Board Secretary.
Supervisor Colsey New Business
Supervisor Colsey noted that the phone system went down during the previous day. The
system is fixed now, but goes down once a month. Councilman Beale noted that there was an
issue with the fire alarm as well. Supervisor Colsey explained that the fire alarm problems were
due to the problems with the phone lines. The Town Clerk, Chris Masterson, added that he could
not call 911 from the building. Councilwoman McCarthy noted that there are many people with
cell phones within Town Hall.
Torn of Wappinger Page 15 Primed /0/20/2008
I
Special Meeting Minutes October 15, 2008
Councilman Beale New Business
Councilman Beale asked that the Town website contain the requirements to obtain a
pen -nit for the Recycle Center. Councilman Bettina noted that there was a section on the
Building Department's page that needs to be corrected as well. Councilman Beale again asked
that the Town Clerk add the Recycle Center requirements to the website. The Town Clerk
replied that he would post whatever the Councilman would like posted. The Councilman
answered that he would like the policy posted. The Town Clerk replied that he does not know
what the current policy is. Councilman Beale answered that the Committee will discuss this.
X. Executive Session
Motion To: go into Executive Session at 8:08 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: William Beale, Councilman
AYES: Colsey, Beale, Bettina, McCarthy, Paoloni
A. Absolute Litigation Update
B. MTBE
RESOLUTION: 2008-292
Confidential Resolution - Executive Session
CONFIDENTIAL
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-292
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Christopher Colsey
Voter
0
❑
❑
❑
❑
Adopted as Amended
William Beale
Seconder
0
❑
❑
❑
❑
Defeated
❑
Tabled
Vincent Bettina
Voter
0
❑
❑
❑
❑
Withdrawn
Maureen McCarthy
Voter
0
❑
❑
❑
Joseph Paoloni
Initiator
2
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
C. Adams Water & Sewer Contract
D. Rail Trail Contract
Motion To: come out of Executive Session at 9:20 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Maureen McCarthy, Councilwoman
AYES: Colsey, Beale, Bettina, McCarthy, Paoloni
7,,rn o%'Wappinger• Page 16 Painted 10/20/2008
Special Meeting Minutes October 15, 2008
XI. Resolutions
RESOLUTION: 2008-304
Resolution Authorizing Entry into Intermunicipal Agreement for Dutchess County Rail
Trail
WHEREAS, the County of Dutchess ( "the County") is in the process of constructing the
Dutchess Rail Trail ("'frail") which traverses through the Towns of Poughkeepsie, LaGrange,
Wappinger and East Fishkill; and
WHEREAS, the County has requested the Town of Wappinger to assist in providing
proper maintenance for that portion of the Trail that traverses through the Town of Wappinger
so as to encourage its use; and
WHEREAS, the Town and the County have negotiated an agreement for maintenance of
the Trail entitled "Intermunicipal Agreement Dutchess County Rail Trail" (the "Agreement") a
copy of which is annexed hereto as Exhibit A and is made a part hereof.
NOW, THEREFORE, BE IT RESOLVED:
I. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby accepts the terms and conditions set forth and contained
in the "Intermunicipal Agreement Dutchess County Rail Trail", a copy of which is annexed
hereto as Exhibit A.
3. The Supervisor of the Town, Christopher Colsey, is hereby directed and
authorized to execute "Intermunicipal Agreement Dutchess County Rail Trail" on behalf of the
Town of Wappinger.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-304
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Christopher Colsey
Voter
Z
El
El
❑
Adopted as Amended
William Beale
Initiator
Z
El
1:1
E3El
Defeated
Vincent Bettina
Voter
Z
El
❑
❑
❑
Tabled
Withdrawn
Maureen McCarthy
seconder
Rl
El
❑
Joseph Paoloni
Voter
Z
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
RESOLUTION: 2008-307
Resolution Approving Settlement with Settling Defendents (MTBE)
WHEREAS, traces of by methyl -tertiary butyl -ether (MTBE), tributyl alcohol (TBA)
and other contaminants have been found in certain wells in the public water supply serving the
United Wappinger Water District; and
WHEREAS, the Town Board, by resolution dated February 9, 2004, retained the legal
services of the fines 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 in accordance;
and
WHEREAS, said litigation was commenced against numerous Defendants in the United
mow 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 has negotiated proposed
settlement of the Action against the following Defendants:
Giant Industries Inc.; Western Refining, Inc.; Western Refining Yorktown,
Inc. Uk/a Giant Yorktown, Inc.; Western Refining Company, L.P.; Western
Refining Southwest, Inc. Uk/a Giant Industries Arizona, Inc.; Getty
Petroleum Marketing, Inc.; Irving Oil Corporation, Irving Oil Limited; and
Irving Oil Terminals, Inc. (hereinafter "SETTLING DEFENDANTS"); and
WHEREAS, the action continues against other Defendants, including Exxon/Mobil; and
Town of [Vappinger Page 17 Printed 10120/2008
13pecial Meeting Minutes October 15, 2008
WHEREAS, Special Counsel has provided the Town Board and the Attorney to the
Town a Settlement Agreements and a Release and Indemnity Agreement (the "Settlement
Documents") for their review and consideration, the terms of which are confidential until a final
settlement is reached; and
WHEREAS, Special Counsel and the Attorney to the Town advise and recommend that
the terms of the Settlement Documents are fair and reasonable and should be accepted; and
WHEREAS, the Attorney to the Town appeared at a duly called executive session on
this date and discussed the Settlement Documents with the Town Board; and
WHEREAS, the Town Board determines that it is in the best interest of the residents of
the Town of Wappinger to settle the Action against the SETTLING DEFENDANTS in
accordance with the terms of the Settlement Agreement.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby confirms the actions it has taken in Executive Session
this evening and hereby determines that it is in the best interests of the Town to settle with the
above noted SETTLING DEFENDANTS and hereby authorizes the Supervisor, on behalf of the
Town of Wappinger, to execute the Settlement Documents that were negotiated by Special
Counsel, Weitz & Luxenberg, P.C. and Baron & Budd., P.C., a copy of which has been reviewed
and approved by the Town Board.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-307
Yes/Aye
No/Nay
Abstain
Absent
Z
Adopted
Christopher Colsey
Voter
0
❑
❑
❑
❑
Adopted as Amended
William Beale
Seconder
0
❑
❑
❑
❑
Defeated
Vincent Bettina
Initiator
0
❑
❑
❑
❑
❑
Tabled
Withdrawn
Maureen McCarthy
Voter
2
❑
❑
❑
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
XII. Budget Hearings
A. Accounting Department
B. Supervisor
C. Town Board
D. Town Clerk
XIII. Recording of Town Board Meetings
Motion To: start recording Town Board Meetings on video at the next Town Board Meeting
RESULT: ADOPTED [4 TO 11
MOVER: Joseph Paoloni, Councilman
SECONDER: Maureen McCarthy, Councilwoman
AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni
NAYS: Christopher Colsey
XIV. Town Board Review of Vouchers
RESOLUTION: 2008-293
Abstract of Claim and Warrant for Payment of Claim Audited by Town Board
The following claims have been duly audited and allowed by the Town Board of the Town of
Farm of Wappinger Page 18 Printed 10/20/2008
Special Meeting Minutes October 15, 2008
Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each
claimant the amount allowed upon his claim as hereinafter set forth:
Vendor
A
B
DB
SF
SH
SI
Central Hudson
$382.69
Central Hudson
Central Hudson
$52.12
Central Hudson
Central Hudson
$3,326.46
Central Hudson
Central Hudson
$30.04
Central Hudson
Central Hudson
$420.23
Central Hudson
$85.38
$375.00
NYS Dept Env. Cons $375.00
NYS Dept Env. Cons
$375.00
NYS Dept Env. Cons
NYS Dept Env. Cons
NYS Dept Env. Cons
$50.00
NYS Dept Env. Cons
$100.00
Platts County Locksmith
$576.00
Platts County Locksmith
$125.00
Poughkeepsie Journal
$48.08
Poughkeepsie Journal
$51.01
Southern Dutchess News
$36.87
Southern Dutchess News
$34.04
Southern Dutchess News
$40.52
Home Depot
$268.44
Home Depot
$350.67
Home Depot
$178.00
$34.74
Home Depot
$98.34
Signal Graphics
$209.66
Signal Graphics
$25.37
$6.11
$24.41
Signal Graphics
$31.36
Town of Fishkill
$5,087.94
Town of Fishkill
DC Sheriff
$3,966.39
$15,767.89
Zep Sales
$917.90
Zep Sales
$981.96
MVP
$5,889.51
$3,569.16
$13,703.04
MVP Gold
$2,079.90
$207.99
Bottini
$8,160.75
West Payment
$268.00
West Payment
$172.80
Graham Foster
$42.56
Carquest
$28.22
$110.05
Superior Telephone
$1,289.00
Rosemary's Flower Shop
$71.00
CSEA
$2,186.40
Printable Services
ABC Awards
Hillman Signs
$330.00
Hillman Signs
$98.00
Tire King
$382.30
Justice Court Fund
$22,460.00
Frank Buyakowski
Tilcon
$2,481.86
Tilcon
$1,134.55
Grainger
$399.60
Staples
$46.36
Staples
$99.89
Staples
$37.66
EJ Prescott
Susan Dao
$25.00
D & D Doors
$596.65
Mark Liebermann
$25.00
Snap On Tools
$164.97
Toshiba Financial
$447.60
Poland Spring
$236.73
MetLife
$1,716.06
$533.05
Toshiba
$115.89
All State
Britzenzie
Hudson River Vly Tours
$925.00
Phantom Hollow Equities
KVS Information Systems
$4,521.25
+rr. I Totals $59,342.05 1 $20,728.71 1 $22,648.83 1 $400.37 1 $5,094.05 1 $24.41
Vendor SM
SR
SV
Sw
T14
T87
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
NYS Dept Env. Cons
$375.00
NYS Dept Env. Cons $375.00
NYS Dept Env. Cons
Town of Wappinger Page 19 Printed 1012012008
Special Meeting Minutes October 15, 2008
NYS Dept Env. Cons
T92
T93
T96
WF
WH
WT
Platts County Locksmith
Central Hudson
Platts County Locksmith
Central Hudson
Poughkeepsie Journal
Central Hudson
Poughkeepsie Journal
Central Hudson
Southern Dutchess News
Central Hudson
Southern Dutchess News
Central Hudson
Southern Dutchess News
Home Depot
Home Depot
NYS Dept Env. Cons
Home Depot
NYS Dept Env. Cons
Home Depot
NYS Dept Env. Cons
Signal Graphics
Platts County Locksmith
Signal Graphics
$29.65
$99.39
$74.43
$36.60
Platts County Locksmith
Signal Graphics
Poughkeepsie Journal
Town of Fishkill
Town of Fishkill
DC Sheriff
Southern Dutchess News
Zep Sales
Southern Dutchess News
Zep Sales
Southern Dutchess News
MVP
Home Depot
MVP Gold
Home Depot
Bottini
Home Depot
West Payment
West Payment
Graham Foster
Signal Graphics
Carquest
Signal Graphics
$12.00
Superior Telephone
$9.53
$192.97
Signal Graphics
Rosemary's Flower Shop
CSEA
Printable Services
$192.82
ABC Awards
$1,334.20
Hillman Signs
Hillman Signs
Tire King
Justice Court Fund
Frank Buyakowski
Tilcon
Tilcon
Grainger
Staples
Staples
Staples
EJ Prescott
Susan Dao
D & D Doors
Mark Liebermann
Snap On Tools
Toshiba Financial
Poland Spring
MetLife
Toshiba
All State
$1,119.52
Britzenzie
Hudson River Vly Tours
Phantom Hollow Equities
KVS Information Systems
Totals 1 $404.65 1 $292.21 1 $74.43 1 $411.60 1 $1,119.52 1 $1,334.20
Vendor
T92
T93
T96
WF
WH
WT
WU
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
NYS Dept Env. Cons
NYS Dept Env. Cons
NYS Dept Env. Cons
NYS Dept Env. Cons
Platts County Locksmith
Platts County Locksmith
Poughkeepsie Journal
Poughkeepsie Journal
Southern Dutchess News
Southern Dutchess News
Southern Dutchess News
Home Depot
Home Depot
Home Depot
Home Depot
Signal Graphics
Signal Graphics
$12.00
$6.73
$9.53
$192.97
Signal Graphics
'anon gIJVappinger Page 20 Printed 10/2012008
Special Meeting Minutes October 15, 2008
Town of Fishkill
Town of Fishkill
DC Sheriff
Zep Sales
Zep Sales
MVP
MVP Gold
Bottini
West Payment
West Payment
T92
T93
T96
WF
$4,023.47
WT
WU
Graham Foster
Yes/Ape
No/Nay
Abstain
Absent
0 Adopted
Christopher Colsey
Voter
Carquest
❑
❑
$11,600.00
❑ Adopted as Amended
William Beale
Voter
2
Superior Telephone
❑
❑
❑ Defeated
Vincent Bettina
Initiator
$88.56
❑
Rosemary's Flower Shop
❑
❑ Tabled
Maureen McCarthy
Seconder
$72.53
❑
El
CSEA
El Withdrawn
Jose h Paoloni
Voter
D
❑
❑
❑
Printable Services
$192.82
ABC Awards
Hillman Signs
Hillman Signs
Tire King
Justice Court Fund
Frank Buyakowski
$600.25
Tilcon
Tilcon
Grainger
Staples
Staples
Staples
EJ Prescott
$893.84
Susan Dao
D & D Doors
Mark Liebermann
Snap On Tools
Toshiba Financial
Poland Spring
MetLife
Toshiba
All State
Britzenzie
$4,200.00
Vendor
T92
T93
T96
WF
WH
WT
WU
Hudson River Vly Tours
Yes/Ape
No/Nay
Abstain
Absent
0 Adopted
Christopher Colsey
Voter
Phantom Hollow Equities
❑
❑
$11,600.00
❑ Adopted as Amended
William Beale
Voter
2
KVS Information Systems
❑
❑
❑ Defeated
Vincent Bettina
Initiator
$88.56
❑
Totals 1 $600.25 1 $4,200.00 1 $11,600.00 1 $12.00 1 $4,030.20 1 $9.53 1 $1,279.63
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-293
A
B DB
HG
LC
LD
LH
CAMO Pollution
$25.00
Yes/Ape
No/Nay
Abstain
Absent
0 Adopted
Christopher Colsey
Voter
Rl
❑
❑
❑
❑ Adopted as Amended
William Beale
Voter
2
❑
❑
❑
❑ Defeated
Vincent Bettina
Initiator
$88.56
❑
❑
❑
❑ Tabled
Maureen McCarthy
Seconder
$72.53
❑
El
11Q
El Withdrawn
Jose h Paoloni
Voter
D
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
RESOLUTION: 2008-294
Abstract of Claim and Warrant for Payment of Claim Audited by Town Board
WNW The following claims have been duly audited and allowed by the Town Board of the Town of
Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each
claimant the amount allowed upon his claim as hereinafter set forth:
Vendor
A
B DB
HG
LC
LD
LH
CAMO Pollution
$25.00
CAMO Pollution
$25.00
Central Hudson
$2,690.67
$73.19
$828.37
$2,407.44
Poughkeepsie Journal
$88.56
Southern Dutchess News
$72.53
Town ofWnppinger Page 21 Printed 10/201'2008
Special Meeting Minutes October 15, 2008
Automotive Brake Company
T92
WU
$255.87
Bottini Fuel
$1,640.02
CAMO Pollution
Corbin Excavating
$616.00
D. Silvestri
$152.25
Southern Dutchess News
D. Silvestri
$787.87
Automotive Brake
Depository Trust
$297.00
Anaconda Sports
$160.00
Corbin Excavating
First Unum Life
$273.51
$91.17
$172.21
Superior Telephone
$95.00
Brady's Power Equipment
$71.38
Anaconda Sports
Frederick Clark
First Unum Life
Frederick Clark
Superior Telephone
$7,215.00
Eileen Manning
$122.13
$15.98
Frederick Clark
Leggette Brashers Graham
Frederick Clark
Noco Energy
Eileen Manning
$616.84
GHI
$8,575.06
$23.46
Noco Energy
Justice Court Fund
$22,105.00
GHI
Staples
$93.23
Dell
$299.98
Dell
Philip J. Ortiz
$75.00
Philip J. Ortiz
Wells Fargo Financial
$324.90
Peter Shea
$720.00
Charles Reinhardt
Charles Reinhardt
$95.67
Commercial Instruments
Commercial Instruments
$186.00
Althea Von Reyn
$145.58
DeLage Landen Financial
Althea Von Reyn
$179.36
All Star Water
DeLage Landen Financial
$373.52
$369.52
All Star Water
$256.25
Morris Associates
Big Top Portables
$622.50
$125.00
Joe DeRosa Sr
$155.54
Morris Associates
$9,008.75
$2,379.35
$522.00
A-1 Electric
$3.636.33
$723.99
Totals 1 $50,962.29 1 $13,203.32 1 $1,566.92 1 $723.99 1 $73.19 1 $828.37 1 $2,407.44
Vendor
T92
WU
CAMO Pollution
CAMO Pollution
Central Hudson
Poughkeepsie Journal
Southern Dutchess News
Automotive Brake
Company
Bottini Fuel
Corbin Excavating
D. Silvestri
D. Silvestri
Depository Trust
Anaconda Sports
First Unum Life
Superior Telephone
Brady's Power Equipment
Frederick Clark
$9,957.50
Frederick Clark
Eileen Manning
Leggette Brashers Graham
$23.46
Noco Energy
GHI
Justice Court Fund
Staples
Dell
Philip J. Ortiz
Wells Fargo Financial
Peter Shea
Charles Reinhardt
Commercial Instruments
Althea Von Reyn
Althea Von Reyn
DeLage Landen Financial
All Star Water
Big Top Portables
Joe DeRosa Sr
Morris Associates
$2,341.50
$1,940.40
A-1 Electric
Totals 1 $12,299.00 1 $1,963.86
Town of Wappinger Page 22 Printed 10/20/2008
Special Meeting Minutes October 15, 2008
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-294
A
B
DB
HGS
SF
SI
SM
CAMO
Yes/Ave
No/Nav
Abstain
Absent
* Adopted
Christopher Colsey
Voter
CAMO
❑
❑
❑
❑ Adopted as Amended
William Beale
Voter
❑
❑
❑
❑ Defeated
Vincent Bettina
Initiator
D
❑
❑
❑
❑ Tabled
Maureen McCarthy
Seconder
23
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Voter
Rl
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
RESOLUTION: 2008-295
Abstract of Claim and Warrant for Payment of Claim Audited by Town Board
The following claims have been duly audited and allowed by the Town Board of the Town of
Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each
claimant the amount allowed upon his claim as hereinafter set forth:
Vendor
A
B
DB
HGS
SF
SI
SM
CAMO
$7,625.00
$19,341.67
$9,152.00
CAMO
Platts Locksmith
$288.00
Poughkeepsie Journal
$62.71
Royal Carting
$16,687.46
Southern Dutchess News
$146.67
Home Depot
$288.00
Home Depot
$51.50
Frontier Communication
$18.53
Signal Graphics
$232.43
Signal Graphics
$218.45
Signal Graphics
$249.51
Orkin
$125.63
Corbin Excavating
$48.00
West Payment
$404.40
D. Silvestri
$677.65
HO Penn
$73.82
Royal Auto Parts
$256.69
Carquest
$275.94
Pine Plains Tractor
$711.18
P. Maupin Receiver Taxes
$18.76
Foam and Wash
$14.00
Amthor Welding
$207.83
CSEA
$2,077.08
Leggette, Brashers, Graham
$455.94
Leggette, Brashers, Graham
$741.54
Leggette, Brashers, Graham
$708.39
Leggette, Brashers, Graham
$26.01
Williams Lumber
$19.23
AC Moore
$166.90
Tech Air
$976.68
Tech Air
$663.84
Tilcon
$3,214.53
Tilcon
$2,569.42
Staples
$411.89
Staples
$799.96
Staples
$103.21
Dell
$62.99
Zee Medical
$94.19
Schmeider & Meister
$150.00
Philip Ortiz
$75.00
Reserve Account
$3,000.00
Imperial Fire Extinguisher
$156.00
Ralph Holt
$300.00
Aflac
Snap On Tools
$21.15
Karol Kelly
$60.47
Toshiba Financial
$99.90
Duality
$4,887.50
$1,062.50
CDW-G
$1,921.95
R Costa Electric
$270.34
R Costa Electric
$815.87
Big Top Portable Toilets
$290.00
Joe DeRosa Jr.
$79.97
Morris Associates
$1,119.60
$65.40
Hudson River Valley Tours
$637.00
Zurich American Ins Comp
$3,607.20
$631.26
$1,067.13
Svlvia Holt
$35.75
Town of Rappinger Page 23 !'Tinted 10/20,12(10,N
Special Meeting Minutes October 15, 2008
Pat Lustig $28.60
Marion Trudell $28.60
Bryan Murphy
Bryan Murphy
Bryan Murphy
'Veith Enterprises $75.00
Crown Trophy $247.09
John Hartung $35.75
US General Services $4,600.00
[Totals $45,414.25 1 $2,597.73 1 $9,574.13 1 $1,931.88 1 $7,625.00 1 $19,341.67 1 $9.152.00
Vendor
SR SV
SW
T16
T33 T92
CAMO
$17,543.33 $8,366.67
$11,758.33
CAMO
Schmeider & Meister
Platts Locksmith
Philip Ortiz
Poughkeepsie Journal
Reserve Account
Royal Carting
Southern Dutchess News
Home Depot
Ralph Holt
Home Depot
Aflac
Frontier Communication
Snap On Tools
Signal Graphics
Karol Kelly
Signal Graphics
Signal Graphics
Orkin
Duality
Corbin Excavating
CDW-G
West Payment
R Costa Electric
D. Silvestri
R Costa Electric
HO Penn
Royal Auto Parts
Carquest
Joe DeRosa Jr.
Pine Plains Tractor
Morris Associates
P. Maupin Receiver
$3,850.90
Hudson River Valley
Taxes
Tours
Foam and Wash
Amthor Welding
CSEA
Comp
Leggette, Brashers,
Sylvia Holt
Graham
Pat Lustig
Leggette, Brashers,
Marion Trudell
Graham
Leggette, Brashers,
$2,500.00
Graham
Bryan Murphy
Leggette, Brashers,
Bryan Murphy
Graham
$2,450.00
Williams Lumber
AC Moore
Tech Air
Tech Air
Tilcon
Tilcon
Staples
Staples
Staples
Dell
Vendor SR
SV
SW
T16
T33
T92
Zee Medical
Schmeider & Meister
Philip Ortiz
Reserve Account
Imperial Fire Extinguisher
Ralph Holt
Aflac
$675.30
Snap On Tools
Karol Kelly
Toshiba Financial
Duality
CDW-G
R Costa Electric
R Costa Electric
Big Top Portable Toilets
Joe DeRosa Jr.
Morris Associates
$3,850.90
Hudson River Valley
Tours
Zurich American Ins
Comp
Sylvia Holt
Pat Lustig
Marion Trudell
Bryan Murphy
$2,500.00
Bryan Murphy
$2,350.00
Bryan Murphy
$2,450.00
Tr u a q/'Wappinger Page 24 Printed /0/20/2008
Special Meeting Minutes October 15, 2008
Veith Enterprises
Crown Trophy
John Hartung
US General Services
Totals $17,543.33 $8,366.67 $11,758.33 I $675.30 1 $7,300_.00 I $3,850.90
WF I WH WT WU
CAMO
CAMO $4,525.00 $1,441.67 $2,841.67 $60,375.00
Platts Locksmith
Poughkeepsie Journal
Royal Carting
Southern Dutchess News
Home Depot
Home Depot
Frontier Communication
Signal Graphics
Signal Graphics
Signal Graphics
Orkin
Corbin Excavating
West Payment
D. Silvestri
HO Penn
Royal Auto Parts
Carquest
Pine Plains Tractor
P. Maupin Receiver
Taxes
Foam and Wash
Amthor Welding
CSEA
Leggette, Brashers,
Graham
Leggette, Brashers,
Graham
Leggette, Brashers,
Graham
Leggette, Brashers,
Graham
Williams Lumber
AC Moore
Tech Air
Tech Air
Tilcon
Tilcon
Staples
Staples
Staples
Dell
Vendor
WF
WH
WT
WU
Zee Medical
Schmeider & Meister
Philip Ortiz
Reserve Account
Imperial Fire Extinguisher
Ralph Holt
Aflac
Snap On Tools
Karol Kelly
Toshiba Financial
Duality
CDW-G
R Costa Electric
R Costa Electric
Big Top Portable Toilets
Joe DeRosa Jr.
Morris Associates
Hudson River Valley
Tours
Zurich American Ins
Comp
Sylvia Holt
Pat Lustig
Marion Trudell
Bryan Murphy
Bryan Murphy
Bryan Murphy
Veith Enterprises
Crown Trophy
John Hartung
US General Services
Totals 1 $4,525.00 1 $1,441.67 1 $2,841.67 1 $60,375.00
Town of H appinger Page 25 Printed 1012012008
Special Meeting Minutes October 15, 2008
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2008-295
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Christopher Colsey
Voter
0
❑
El
❑
Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑
❑
Defeated
Tabled
Vincent Bettina
Initiator
0
❑
❑
❑
❑
Withdrawn
Maureen McCarthy
Seconder
0
❑
❑
❑
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
October 15, 2008
The Resolution is hereby duly declared adopted.
XV. Adjournment
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Joseph Paoloni, Councilman
AYES: Colsey, Beale, Bettina, McCarthy, Paoloni
The meeting adjourned at 11:27 PM.
GLC-t44�
Pohn C. Masterson
Town Clerk
own of Wappinger Page 26 Printed 10/20/2008