The URL can be used to link to this page

2008-11-24 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Monday, November 24, 2008 7:00 PM Town Hall 7:00 PM Meeting called to order on November 24, 2008 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Discussions A. Pleasant Lane Residential Sewer Pumps - Gray/Tremper B. Wappinger Farms - June Visconti IV. Public Hearings Resolution Introducing Local Law No. of 2008 Containing Zoning Text Amendments Regarding Post -Approval Escrow Accounts V. Minutes Approval Monday, November 10, 2008 Monday, November 17, 2008 VI. Public Portion VII. Resolutions 2008-334. Resolution Introducing Local Law No. of 2008 Amending the Zoning Law So as to Include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the Single -Family Residential Zoning Districts 2008-335. A Resolution Authorizing the Purchase of Equipment for Construction and Maintenance Purposes for the Recreation Department of the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $26,000, and Authorizing the Issuance of $26,000 Bonds of Said Town to Pay the Cost Thereof 2008-336. Resolution Establishing Paid Holidays for 2009 2008-337. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town 2008-338. Resolution Authorizing Settlement of Tax Certiorari - Hark Kandr, LLC 2008-339. Resolution Authorizing Settlement of Tax Certiorari - Hollowbrook Associates 2008-340. Resolution Authorizing Settlement of Tax Certiorari - Hollowbrookof Dutchess, LLC 2008-341. Resolution Authorizing Settlement of Tax Certiorari - Frosted Glass, LLC 2008-342. Resolution Authorizing Settlement of Tax Certiorari - Frosted Glass, LLC Town of Wappinger Page 1 Printed 11/20/2008 Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Monday, November 24, 2008 7:00 PM Town Hall Call to Order Supervisor Christopher Colsey called the meeting to order at 7:01 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 Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present Bob Gray Town of Wappinger Engineer to the Town Present Graham Foster Town of Wappinger Highway Superintendent Present Pledge of Allegiance Discussions A. Pleasant Lane Residential Sewer Pumps - Gray/Tremper Supervisor Colsey opened the discussion at 7:02 PM. Residents of the Pleasant Lane area sent the Supervisor a letter about this issue. They suggested that the sewer district "map, plan and report", which was prepared in 2002 or 2003, contained language that the Town would provide a residential pump to the residents. Al Roberts, Town Attorney, explained that he had already issued an opinion on this and would like to discuss it in Executive Session. He went on to say that, apparently, the Town had a policy going back into the 1970's that the Town would provide pumps. It was discussed again in 2001-2002 as part of Phase 3A. There were several homes that had their lowest grade below the grade of the sewer line. At the time, it was decided that the Town would buy pumps and give them to the residents. This topic came up again this year. This time, when Mr. Roberts' office looked into the matter, they discovered an opinion of the New York State Comptroller prohibiting the Town to purchase pulps. There is a way to provide the pumps. However, it would require the Town to acquire easements and would also require that the Town own and maintain the pumps. It is Mr. Roberts' understanding that there is no obligation on the Town's part to provide flow to each and every potential user of the sewer line, particularly when it would be cost -prohibitive. To go back now would require an amendment to the map, plan and report, and would also require a significant amount of engineering work. Bob Gray, Engineer to the Town, added that the residents have been notified of this. Supervisor Colsey noted that some of the residents were in the audience. Councilwoman McCarthy asked how long ago the Town had purchased a pump for the resident. Mr. Roberts replied that he did not know of any pump that the Town had bought under Phase 3A. He recalled discussions about which pump would be used if the Town did have to buy them. He did not recall whether pumps were actually bought. Those discussions were contained in the Jay Paggi letters from May and June of 2002. Cathy Lombardo, a resident of the neighborhood in question, asked to speak on the issue. She stated that she knew that a neighbor of hers, Mr. Settembrino, was given a pump when he connected to the sewer. She feels that she should get a pump because the other resident got one. She noted that the Town Attorney had said that the Town would have to maintain the pump if the Town purchased it. Mr. Roberts replied that the Town does not maintain Mr. Settembrino's pump and that it was a mistake that the resident received a pump from the Town. Mr. Conte, another resident of that area, spoke next. He noted that he was instrumental in getting the sewer line in that area. He then went on to describe the discussions that took place between hien and the Town Engineer in the past regarding the purchasing of the pump. It would be fine with him if the Town is changing its mind on whether it should provide pumps to the residents. However, he feels that the residents should get their pumps before the Town's new opinion goes into effect. Another resident yelled from the audience that the residents that are asking for the pumps now should be "grandfathered in", because the Town promised the pumps. He went on to say that the Town owes these residents pumps. Torn of Wappinger Page I Printed 12/212008 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Monday, November 24, 2008 7:00 PM Town Hall 7:00 PM Meeting called to order on November 24, 2008 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Discussions A. Pleasant Lane Residential Sewer Pumps - Gray/Tremper B. Wappinger Farms - June Visconti IV. Public Hearings Resolution Introducing Local Law No. of 2008 Containing Zoning Text Amendments Regarding Post -Approval Escrow Accounts V. Minutes Approval Monday, November 10, 2008 Monday, November 17, 2008 VI. Public Portion VII. Resolutions 2008-334. Resolution Introducing Local Law No. of 2008 Amending the Zoning Law So as to Include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the Single -Family Residential Zoning Districts 2008-335. A Resolution Authorizing the Purchase of Equipment for Construction and Maintenance Purposes for the Recreation Department of the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $26,000, and Authorizing the Issuance of $26,000 Bonds of Said Town to Pay the Cost Thereof 2008-336. Resolution Establishing Paid Holidays for 2009 2008-337. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town 2008-338. Resolution Authorizing Settlement of Tax Certiorari - Hark Kandr, LLC 2008-339. Resolution Apthorizing Settlement of Tax Certiorari - Hollowbrook Associates 2008-340. Resolution Authorizing Settlement of Tax Certiorari - Hollowbrookof Dutchess, LLC 2008-341. Resolution Authorizing Settlement of Tax Certiorari - Frosted Glass, LLC 2008-342. Resolution Authorizing Settlement of Tax Certiorari - Frosted Glass, LLC Town of Wappinger Page I Printed 11/20/2008 Regular Meeting Agenda November 24, 2008 2008-343. Resolution Authorizing Settlement of Tax Certiorari - Frosted Glass, LLC 2008-344. Resolution Authorizing Settlement of Tax Certiorari - Liz Glassberg & John Montfort 2008-345. Resolution Authorizing Refund of Unused Escrow for Obercreek/Reese Property (Account 06-5121) 2008-346. Resolution Approving Abstract of Claim and Warrant for Payment of Claim 2008-347. Resolution Approving Abstract of Claim and Warrant for Payment of Claim VIII. Items for Special Consideration IX. New Business X. Executive Session A. Unresolved Personnel Issues - McCarthy XI. Adjournment Torn of Wappinger Page 2 Printed 11120/2008 Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Monday, November 24, 2008 7:00 PM Town Hall Call to Order Supervisor Christopher Colsey called the meeting to order at 7:01 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 Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present Bob Gray Town of Wappinger Engineer to the Town Present Graham Foster Town of Wappinger Highway Superintendent Present Pledge of Allegiance Discussions A. Pleasant Lane Residential Sewer Pumps - Gray/Tremper Supervisor Colsey opened the discussion at 7:02 PM. Residents of the Pleasant Lane area sent the Supervisor a letter about this issue. They suggested that the sewer district "map, plan and report", which was prepared in 2002 or 2003, contained language that the Town would provide a residential pump to the residents. Al Roberts, Town Attorney, explained that he had already issued an opinion on this and would like to discuss it in Executive Session. He went on to say that, apparently, the Town had a policy going back into the 1970's that the Town would provide pumps. It was discussed again in 2001-2002 as part of Phase 3A. There were several homes that had their lowest grade below the grade of the sewer line. At the time, it was decided that the Town would buy pumps and give them to the residents. This topic came up again this year. This time, when Mr. Roberts' office looked into the matter, they discovered an opinion of the New York State Comptroller prohibiting the Town to purchase pumps. There is a way to provide the pumps. However, it would require the Town to acquire easements and would also require that the Town own and maintain the pumps. It is Mr. Roberts' understanding that there is no obligation on the Town's part to provide flow to each and every potential user of the sewer line, particularly when it would be cost -prohibitive. To go back now would require an amendment to the map, plan and report, and would also require a significant amount of engineering work. Bob Gray, Engineer to the Town, added that the residents have been notified of this. Supervisor Colsey noted that some of the residents were in the audience. Councilwoman McCarthy asked how long ago the Town had purchased a pump for the resident. Mr. Roberts replied that he did not know of any pump that the Town had bought under Phase 3A. He recalled discussions about which pump would be used if the Town did have to buy them. He did not recall whether pumps were actually bought. Those discussions were contained in the Jay Paggi letters from May and June of 2002. Cathy Lombardo, a resident of the neighborhood in question, asked to speak on the issue. She stated that she knew that a neighbor of hers, Mr. Settembrino, was given a pump when he connected to the sewer. She feels that she should get a pump because the other resident got one. She noted that the Town Attorney had said that the Town would have to maintain the pump if the Town purchased it. Mr. Roberts replied that the Town does not maintain Mr. Settembrino's pump and that it was a mistake that the resident received a pump from the Town. Mr. Conte, another resident of that area, spoke next. He noted that he was instrumental in getting the sewer line in that area. He then went on to describe the discussions that took place between him and the Town Engineer in the past regarding the purchasing of the pump. It would be fine with him if the Town is changing its mind on whether it should provide pumps to the residents. However, he feels that the residents should get their pumps before the Town's new opinion goes into effect. Another resident yelled from the audience that the residents that are asking for the pumps now should be "grandfathered in", because the Town promised the pumps. He went on to say that the Town owes these residents pumps. Town of Wappinger Page 1 Printed 12/2/2008 Regular Meeting Minutes November 24, 2008 Mr. Roberts commented on a statement that the residents made that this topic was contained in the "map, plan and report" of 2004. According to Mr. Roberts, this statement is not accurate. Discussion followed. Councilwoman McCarthy asked that a history of the topic be prepared. Supervisor Colsey closed the discussion at 7:17 PM. B. Wappinger Farms - June Visconti Supervisor Colsey opened the discussion at 7:18 PM. June Visconti, a member of the Town of Wappinger Planning Board, was present to speak, as a Town resident, residing in the area of the Wappingers Farm Subdivision, about the proposed recreation fields. She noted that residents of Joan Lane, Paulette Lane and Rose Lane oppose this proposal. The residents are upset that this is being proposed due to all of the flooding in that area. Ms. Visconti had $50,000 worth of damage due to the flooding that occurred on April 16th of last year. She would like the land to be used for passive recreation. She also noted that Councilman Paoloni had requested a utilization study from the Recreation Department on January 14th, 2008. She claimed that the former Supervisor, Joseph Ruggiero, had told her that his recommendation would be that it would be used for passive recreation if the topic came up again. She asked whether the field utilization report had been submitted. Finally, she asked that it be put on record that the residents would like to see that property stay as passive. Discussion followed. Supervisor Colsey closed the discussion at 7:26 PM. IV. Public Hearings Motion To: open Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Resolution Introducing Local Law No. of 2008 Containing Zoning Text Amendments Regarding Post -Approval Escrow Accounts Councilwoman McCarthy made a motion to open the Public Hearing at 7:26 PM. The motion was seconded by Councilman Bettina and passed unanimously. Town Clerk Chris Masterson offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Colsey summarized the Local Law. George Kolb, Director of Code Enforcement, explained that there would be an escrow refund coming up that this would apply to. Mr. Kolb explained the situation. Supervisor Colsey opened the floor to comments from the public. There were no comments. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Paoloni and passed unanimously. ......... _. _._...... RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Torn of Wappinger Page 2 Printed 12/2/2008 F_j F1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE XLLMER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE ADOPTION OF THE PROPOSED LOCAL LAW ENTITLED "LOCAL LAW NO. OF 2008, CONTAINING .. PROPOSED ZONING TEXT AIVIENDMENTS REGARDING POST - APPROVAL ESCROW ACCOUNTS". 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 «rappinger, County of Dutchess and State of New York. That on October 20th, 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 2008, Containing Proposed Zoning Text Amendments Regarding Post -Approval Escrow Accounts", on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Xliddlebush Road, Wappingers Falls, Dutchess County, New York. �Tohn C.'Aasterson (, Town Clerk Town of Wappinger Sworn to/before me the 20th day of October, 2008 NOTARY PUBLIC BARBARA L. ROBERTI Nota,y F,i:,. . gate o� dz,v York My commission Expiras July 18, 2009 P R lk'F f I*4 t cl F IRI NOTIMP PfkfflL19 HEARING 90 'AMEND E,. -'M NTPF,1 D04E of the ToCode 21; OF t8wnls,, Environmpn,= N G E R tal Quality Review NOTICE IS HEREBY LaW_,,whjch estpb- GIVEN p thpl,tho tq w r d'' sig - I I k Fir Bo4rd of the Town of ptedType actions r .will . I ) I . J" _' ' 1 ' ' _Ipplpg!�. , WnT' PLEASETAKE, FOR- du6t.a P60lid He. . .-pr!ng. HER� NOTI'CEr that the'Toww on leo,, the has uq jt-�i f 308 �'at. T00' cj n 8), reserved sits right to vqrnPer,,2,$, ,, , � ,� rres, 1 ,right " "t'! Determine- --k PM a.p t th6 �,TpWn Hall � 91, fidance djeb4-sh Road Significance of ��S S EQ V F El I I s'.1 Oppinopp", ursO.009,51 ..RAat Ne�V�� Y6'�K at which' 1 .11, -il � he donqjusion� of the t i M e all 'p q, L I p§ in inter,, public Hearing to be e'ld on ib'p IA1 1(1�_ ih f -i pens s a,,, )p r 0 ' rt6hitytg d adpptipnof pypeli1pp the propose amend- "hi6iher e t tgy q , , n RLEA$P. TA of th,j KE FUR- �Tj f THER NOTICE that p ,,yv, Oppinger 9yVn d th .§hq4 -A the full text q t raft' Od f 1c,ri-I h- onindI'j �,,�so as. iol rpentswillbeavailable ppp4pdmaendprovisions", �p jqStapr q and ihspec- Al F'�FIRT it th jpr review ,prgyp ��,�,P§qrpw: p q i ton at the office' of the p j c� t f PJB W1 Y kl K I , 6 hris.�� 6,blerk on week -no § �PT I R AM 30' days from 8: to i f i d i 1-1 0t I I C 1-1 P, TH"I'l NgjTlEthat, 4 00 PM TpwnBoard has de-�, DATED; : ', ATI, , termi'neO that tlie'Prq4i �If6btob&20ih 2008 pgs-(jAf '14YbRbEIR THE � Ol. 14ction pur'pq Ype $, R qd , r;j BOARD f th c b�-'THE'TbWN OF tj c P,P - , t "0 Seryptiph! rn a , C INGER 7NYPRR MAS - Law, Part P, JOHN C TER (common.' known as SON RAI, and p u r-, EQ QvVn jerk suphtt 0 apter 117 tow Q f Wqppi der _; __ , n RECEIVED 0 C T 2 ? 2003 TOWN CLERK VU91ineepsile Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION QLEASE `TAKE FURTHER NOTICE that the full text dra of ; the ft propose amendments will `be avail; able for rewew 'and in, spection at the office of the Torn Clerk on geek, days frooj 8 30 AM to Q:qQ gM. DATED:October. .. .20th, aooa §Y ORDER , OF, THE TOWN BOARD' OF THE TOWN OF WAPPINGER JOHN C. MASTER` QN WO Ton State of New York RECEIVED County of Dutchess V City of Poughkeepsie' .b tl AM TOWN GLERK 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 22nd.day of Oct. —� in the year of 2008 and on the following dates thereafter, namely on: yam"' "' _cuu8 ,both days inclusive. Subscribed and sworn to before me this 22 day °f in the year of 2008 C Nota Public My GOmOBlisslon expires Regular Meeting Minutes November 24, 2008 V. Minutes Approval Monday, November 10, 2008 ✓ Vote Record - Acce tance of Minutes for November 10 2008 7:00 PM Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Monday, November 17, 2008 ✓ Vote Record - Acceptance of Minutes for November 17 2008 7:00 PM Yes/Aye No/Nay Abstain ', Absent Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ VI. Public Portion Motion To: suspend the Rules for public input RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Comments on the Agenda items Mary Schmalz asked to discuss Resolution 2008-335. She wanted to know what equipment was being purchased and where would it be used. She also wanted to know if it did have to go out to bond or if the Recreation Department had money in their budget. Supervisor Colsey gave a brief history of this bond. In November of 2007, the Town Board authorized the Recreation Department to purchase a full sized pick-up truck for $26,000. Ralph Holt, Chairman of the Recreation Commission, is now proposing that the Town purchase two smaller pick-up trucks for the same price instead. Mr. Holt added that this would be more cost effective. Motion To: reinstate the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni VII. Resolutions Motion To: amend Resolution 2008-334 to include Public Hearing date ................ .................. . RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-334 Resolution Introducing Local Law No. _ of 2009 Amending the Zoning Law So as to Include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the Single -Family Residential Zoning Districts WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Law should be amended so as to include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the single-family residential zoning districts (the "Proposed Action"); and 1� Town of Wappinger Page 3 Printed 12/2/2008 Regular Meeting Minutes November 24, 2008 WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Enviromnental 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 determined 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 2009 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 confinned. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination 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 2009 for 7:00 PM on the 12' day of January, 2009, 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: 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 -2008-334 0 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Christopher Colsey Voter 9 ❑ ❑ El❑ ❑ Defeated William Beale Voter 2 ❑ ❑ ❑ El Tabled Vincent Bettina seconder El ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ 0 Joseph Paoloni Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-335 A Resolution Authorizing the Purchase of Equipment for Construction and Maintenance Purposes for the Recreation Department of the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $26,000, and Authorizing the Issuance of $26,000 Bonds of Said Town to Pay the Cost Thereof BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The class of objects or purposes of paying the cost of the purchase of equipment for construction and maintenance purposes, each item of which costs $15,000 or less, for the Recreation Department of the Town of Wappinger, Dutchess County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized at a Totter of Wappinger Page 4 Printed /2/2/2008 Regular Meeting Minutes November 24, 2008 maximum estimated cost of $26,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $26,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further detennined that the maximum maturity of the bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall take effect immediately and the same shall be published in full or summary form in the official newspaper of the Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-335 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 El ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 5 Printed 121212008 Regular Meeting Minutes November 24, 2008 RESOLUTION: 2008-336 Resolution Establishing Paid Holidays for 2009 BE IT RESOLVED, that the Paid Holiday Schedule for 2009 is as follows: New Year's Day, Thursday, January 1, 2009 Floating Holiday, Friday, January 2, 2009 Martin Luther King Day, Monday, January 19, 2009 President's Day, Monday, February 16, 2009 Good Friday, Friday, April 10, 2009 Memorial Day, Monday, May 25, 2009 Independence Day (Observed), Friday, July 3, 2009 Labor Day, Monday, September 7, 2009 Columbus Day, Monday, October 12, 2009 Election Day, Tuesday, November 3, 2009 Veteran's Day, Wednesday, November 11, 2009 Thanksgiving, Thursday, November 26, 2009 Friday Following Thanksgiving, Friday, November 27, 2009 Christmas Day, Friday, December 25, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-336 0 Adopted Yes/Aye No/Nay Abstain Absent C1 Adopted as Amended Christopher Colsey Seconder 0 ❑ ❑ ❑ Defeated William Beale Voter Q ❑ ❑ ElEl El Tabled Vincent Bettina Voter Rl ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-337 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town 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 office of the Town Comptroller had been vacant through July 1, 2008, and the vacancy has been subsequently filled by an Accountant, as deemed qualified through the competitive Civil Service process, 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 21157 with a total of One Hundred Dollars and 00/100 ($100.00); 2. Abstract 21158 with a total of One Hundred Seventy Thousand, Three Hundred Sixty -Nine Dollars and 19/100 ($170,369.19); and 3. Abstract 21159 with a total of Nineteen Thousand, Six Hundred Ten Dollars and 33/100 ($19,610.33). 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 21 157 through 21159. 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 Town of Wappinger Page 6 Printed /2/2/2008 Regular Meeting Minutes November 24, 2008 allowed upon their claim. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-337 Yes/Aye No/Nay 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 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-338 Resolution Authorizing Settlement of Tax Certiorari - Hark Kandr, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding, commenced in 2007 by Hark Kandr, LLC, regarding premises located at 1299 Route 9, Grid # 6157-04-567483-0000, and 1315 Route 9, Grid # 6157-02-567518-0000 seeking a reduction in the 2007 tax assessment for the 2007 tax roll; and WHEREAS, the Town Assessor and Special Counsel have 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.: 6157-04-567483-0000 and 6157-02- 567518-0000. FOR TAX GRID #6157-04-567483-0000 (1299 Route 9): Original Reduction in Tax Year Assessment Assessment 2007 $3,000,000 $500,000 FOR TAX GRID #6157-04-567518-0000 (1315 Route 9): Original Reduction in Tax Year Assessment Assessment 2007 $3,325,000 $625,000 Final Assessment $2,500,000 Final Assessment $2,700,000 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 -2008-338 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 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-339 Resolution Authorizing Settlement of Tax Certiorari - Hollowbrook Associates WHEREAS, there is now pending in the Dutchess County Supreme Court, a tax certiorari proceeding commenced in 2007 by Hollowbrook Associates, regarding premises located at 11 Marshall Road, Grid # 6157-17-709968-0000, seeking a reduction in the 2007 tax Torn of Wappinger Page 7 Printed /2/2/2008 Regular Meeting Minutes November 24, 2008 assessment for the 2007 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended 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.: 6157-17-709968-0000. Original Reduction in Final Year Assessment Assessment Assessment 2007/2008 $6,000,000 $1,600,000 $4,400,000 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 tenns of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-339 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 ❑ ❑ p ❑ Withdrawn Maureen McCarthy Initiator D ❑ ❑ ❑ Initiator Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-341 Resolution Authorizing Settlement of Tax Certiorari - Frosted Glass, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari rr.. proceeding, commenced in 2007 by Frosted Glass LLC, regarding premises located at 1564 Route 9, Grid #6158-19-593165-0000, seeking a reduction in the 2007 tax assessment for the 2007 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended 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.: 6158-19-593165-0000. Original Reduction in Final Tax Year Assessment Assessment Assessment 2007/2008 $1,500,000 $500,000 $1,000,000 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 -2008-341 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ El Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. Torn of Wappinger Page 8 Printed 12/2/2008 Regular Meeting Minutes November 24, 2008 RESOI.:UTION: 2008-342 Resolution Authorizing Settlement of Tax Certiorari - Frosted Glass, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding, commenced in 2007, by Frosted Glass LLC, regarding premises located at 1554- 1560 Route 9, Grid #6158719-590154-0000, seeking a reduction in the 2007 tax assessment for the 2007 tax roll; and WHEREAS, the Town Assessor and Special Counsel have 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.: 6158-19-590154-0000. Original Reduction in Final Tax Year 2007/2008 Assessment $1,400,000 Assessment $440,000 Assessment $960,000 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 -2008-342 Yes/Aye No/Nay Abstain Absent Il Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder D ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter D ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-343 Resolution Authorizing Settlement of Tax Certiorari - Frosted Glass, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2007 by Frosted Glass LLC, regarding premises located at 1562-1566 Route 9, Grid #6158-19-571157-0000, seeking a reduction in the 2007 tax assessment for the 2007 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended 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.: 6158-19-571157-0000. Original Reduction in Final Tax Year 2007/2008 Assessment $1,400,000 Assessment $200,000 Assessment $1,200,000 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 9 Printed 12/2/2008 Regular Meeting Minutes November 24, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-343 0 Adopted Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter El ❑ 0 ❑ ❑ Defeated William Beale Initiator p ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder RI ❑ p ❑ ❑ Withdrawn Maureen McCarthy Voter R1 ❑ El ❑ Initiator Jose h Paoloni Voter EI ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-340 Resolution Authorizing Settlement of Tax Certiorari - Hollowbrook of Dutchess, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding, commenced in 2007 by Hollowbrook of Dutchess, LLC, regarding premises located at 29-31 Marshall Road, Grid # 6158-19-688002-0000, seeking a reduction in the 2007 tax assessment for the 2007 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended 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.: 6158-19-688002-0000. Original Reduction in Final Year 2007/2008 Assessment $5,600,000 Assessment $600,000 Assessment $5,000,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert r. & 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 -2008-340 El Adopted Yes/Aye No/Nap Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator R ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 2 ❑ ❑ ❑ Joseph Paoloni Voter 1221 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-344 Resolution Authorizing Settlement of Tax Certiorari - Liz Glassberg & John Montfort WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2007 by Liz Glassberg and John Montfort, regarding premises located 6W at 1070-1072 Route 9, Grid # 6156-02-800910-0000, seeking a reduction in the 2007 tax assessment for the 2007 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended 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.: 6156-02-800910-0000. Original Reduction in Final Tax Year Assessment Assessment Assessment 2007/2008 $4,600,000 $2,000,000 $2,600,000 Town of Wappinger Page 10 Printed 12/2/2008 Regular Meeting Minutes November 24, 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 REN -2005-J44 Yes/Aye No/Nay 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 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-345 Resolution Authorizing Refund of Unused Escrow for Obercreek/Reese Property (Account 06-5121) WHEREAS, ALEX REESE (hereinafter the "APPLICANT") filed an application requesting that his property, known as "Obercreek", located on or near Route 9D, be studied in the Town's new Master Plan under Application Number 06-5121 (hereinafter the "APPLICATION"); and WHEREAS, on or about June 15, 2006, the APPLICANT deposited Fifty -Two Thousand, Five Hundred Dollars ($52,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the APPLICATION; and WHEREAS, additional escrow deposits of Five Thousand, Eight Hundred Dollars ($5,800.00), Two Thousand, Five Hundred Dollars ($2,500.00) and Two Thousand, Four Hundred Fifty -Seven Dollars and 05/100 ($2,457.05) were made on December 12, 2007, March 6, 2008, and June 19, 2008, respectively; and WHEREAS, the APPLICATION has been withdrawn by the APPLICANT and a request by letter dated November 10, 2008, from Jennifer L. Van Tuyl, Esq. of Cuddy & Feder, LLP, the Applicant's attorney, has been received requesting that all amounts remaining in the escrow account be refunded to the APPLICANT, a copy of which is affixed hereto; and WHEREAS, all professional fees incurred during the review of the APPLICATION have been paid and a balance of Forty -Six Thousand, Two Hundred Thirty -Eight Dollars and 40/100 ($46,238.40) remains in the escrow account; and WHEREAS, Supervisor, Christopher J. Colsey, and Town Accountant, Frederick Awino, have reviewed the APPLICATION and the escrow account and have determined that a refund is due to the APPLICANT. 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 a payment in the total amount of Forty -Six Thousand, Two Hundred Thirty -Eight Dollars and 40/100 ($46,238.40), shall be made to ALEX REESE representing a refund of the remaining escrow balance for the above referenced APPLICATION. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-345 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 November 24, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 11 Printed 12/2/2008 Regular Meeting Minutes November 24, 2008 VIII. Items for Special Consideration Motion To: add one more Resolution approving abstract of claim of warrants RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Motion To: add Graham Foster Budget Issue to Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni A. Graham Foster Highway Issue Graham Foster, Highway Superintendent, had submitted a report to the Board. The report was in draft form. Mr. Foster summarized the report. The topic of the report had to do with the layoff of a Highway Department employee at the end of the year. Mr. Foster wanted the Board to save the 17t" person in the Highway Department of the 18 that are currently there. He is asking that this be addressed in the 2010 Budget. He had been discussing this with former Supervisor Ruggiero. Mr. Ruggiero made suggestions that Mr. Foster relayed to the Town Board. Mr. Foster went on to list capital projects that would need to be done in the near future. Mr. Foster then discussed a 2003 bond that was still out with $1.2 Million left in it that was slated to do some repairs on the Rockingham curbs. He believes it was the opinion of Mr. Ruggiero that the Town should cancel the bond and take out a new bond for 15 years. Mr. Foster is proposing to take out at least $500,000 towards the Rockingham curbs and start doing it with force account labor instead of using contractors. Councilwoman McCarthy stated that she did not feel that was the opinion of Mr. Ruggiero. Discussion followed. Councilwoman McCarthy stated that she felt this was a "back -door" way to pay someone's salary out of the bond. She went on to say that she was concerned with the legality of the proposal and how the Town would do it. She also wanted to know how the benefits would be paid. Al Roberts, Town Attorney, replied that those are legitimate concerns and he would try to get answers. Mr. Foster agreed and noted that they would get the answers from Linda Hannigan, from Sedore & Co. Discussion followed. IX. New Business Councilman Bettina New Business Councilman Bettina noted that several people from the Building Department have contacted him saying that they have been told that they can't attend the NYSBOC meetings. He noted that former Supervisor Smith let them attend the classes for educational purposes. He asked that this be allowed to continue unless there is a Resolution adopted to end it. The Councilman also noted that Mark Liebermann was being sworn as the new President of the Mid - Hudson Chapter of the New York State Building Officials Conference. Supervisor Colsey asked for a second. The Town Clerk, Chris Masterson, asked what the motion was. Councilman Bettina made the motion that they're allowed to continue to attend NYSBOC meetings. Councilman Beale asked who would be allowed. Councilman Bettina replied that all members of the Building Department would be allowed. Councilman Beale asked if that included secretaries. Councilman Bettina answered that it does not include thein. Discussion followed. Councilman Bettina clarified that the motion is that Mark Liebennann and Susan Dao, and anyone else that asks to go, be allowed to attend the training. Discussion followed. Councilwoman McCarthy asked for clarification. She asked if the Board was authorizing Mr. Liebennann and Mrs. Dao to attend. Councilman Bettina added that they would be authorizing anyone else in that department that hasn't put their memos in. Councilman Beale asked for clarification. Discussion followed. Councilman Bettina clarified that the motion is for up to five attendees from the Code Enforcement Officials, Zoning Administrator and Fire Inspector to attend the training. The motion was seconded by Councilman Beale and passed unanimously. Town of Wappinger Page 12 Printed 12/2/2008 Regular Meeting Minutes November 24, 2008 Motion To: allow personnel to attend NYSBOC training RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Councilman Beale New Business Councilman Beale brought up the article that the poughkeepsie journal had just printed about the Wappinger 2009 Budget. He noted that the journal printed misleading headlines in an attempt to sell papers. He felt that the Board worked hard for many hours to come to a bipartisan consensus on the Budget. He doesn't understand how all neighboring towns have significant tax increases but have positive headlines. This is not objective reporting. As far as he is concerned, it is an ethics issue. Discussion followed. Councilwoman McCarthy noted that no reporters from the poughkeepsie journal bothered to show up to a single Wappinger budget meeting. Councilman Paoloni noted that the journal never even called him and he doesn't know where they got the quotes that they used for him. Councilman Beale feels that the Board should work together to prepare a response. Councilman Bettina New Business Councilman Bettina noted that he was also misquoted in the poughkeepsie journal in an article pertaining to O'Mara. Councilman Bettina clarified what actually happened compared to what was printed in the newspaper. The Councilman had called the journal for clarification but the paper has not returned his call. He asked that this be on the record. Councilman Beale New Business Councilman Beale asked that the organizational chart that the Legislative Aide has prepared be submitted to the Town Board for approval. There are issues on the chart that Councilman Beale would like to discuss with the members of the Board. Discussion followed. Councilman Paoloni New Business Councilman Paoloni noted that the Grinnell Library, a private organization with no accountability, can get a 75% increase with a fraction of the employees and a fraction of the services. The total that the library gets is over $542,000 and the Town's total tax levy is $3 Million. Bob Gray New Business Bob Gray, Engineer to the Town, noted that there was a problem with the boilers at Town Hall. The boilers have been leaking for about 3 years. Mr. Gray further explained the problem. Discussion about the problem followed. Mr. Gray recommends that the Town do what is necessary to be prepared for a new boiler. A set of specs would need to be prepared. It would need to be put out to bid. It would be better to be prepared than to have to deal with it as a "knee-jerk reaction". It would be a weeks - worth of work to do the actual replacement. Councilman Beale asked that the Board look into installing a thermostat in the Town Board Meeting Room. Discussion followed. X. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni A. Unresolved Personnel Issues - McCarthy Town of Wappinger Page 13 Printed /2/2/2008 Regular Meeting Minutes November 24, 2008 Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni XI. Resolutions Motion To: withdraw the Resolution presented as an item for Special Consideration RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-346 Resolution Approving Abstract of Claim and Warrant for Payment of Claim 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 T92 WU CAMO Pollution $620.00 CAMO Pollution $750.00 CAMO Pollution $877.50 Central Hudson $576.47 Central Hudson $2,460.29 Office of the Aging $1,500.00 NyComco $258.00 NyComco $1,310.00 Pitney Bowes $699.00 Poughkeepsie Journal $53.35 USA Mobility $26.73 Royal Carting $18,713.30 Southern Dut News $41.33 Frontier Communications $22.62 Terry Glass $375.00 Orkin $125.63 Sedore & Company $2,267.50 Automotive Brake $187.06 Pine Bush Equip $671.30 Graham Foster $29.69 American Red Cross $240.00 Matt Meybohm $169.94 Doug Hirsch $319.54 Coffee System of the Hud $72.29 Vly Coffee System of the Hud $139.09 Vly Superinted Highway $150.00 Global Translation $140.00 CSEA $2,077.08 Hillman Signs $660.00 Justice Court Fund $28,449.25 Staples $32.36 Staples $73.12 Zee Medical $75.05 NYS Retirement System $75,921.39 $24,756.98 $64,368.13 NYS Retirement System $25,307.13 $8,252.33 $21,456.04 Cablevision $259.65 Snap On Tools $20.50 Van Kleeck's Tire $457.18 HV Wipers $148.50 Kay Von Reyn $94.60 Toshiba $579.60 Michael Krisko $375.00 Music Machine $250.00 ToHvn of Wappinger Page 14 Printed 12/2/2008 Regular Meeting Minutes November 24, 2008 CDW-G $315.63 Toshiba $65.00 Stormwater Management $1,450.00 Stormwater Management $325.00 Stormwater Management $925.00 Vendor A B DB T92 WU Verizon Wireless $435.72 $723.14 Yes/Aye No/Nay KVS Information System $14,449.90 ❑ Adopted as Amended Christopher Colsey Seconder Educational Furniture $1,301.00 ❑ ❑ ❑ Defeated Enviro Waste Voter 0 $17.79 ❑ ❑ Assessors Association $140.00 Vincent Bettina Voter 0 ❑ Murphy's Sand & Gravel $550.00 ❑ Withdrawn Maureen McCarthy Initiator Totals 1 $176,724.84 1 $35,390.11 1 $92,792.75 1 $1,450.00 1 $750.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-346 AM B DB LC LD LH ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ 0 Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Next: Dec 8, 2008 7:00 PM Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-347 Resolution Approving Abstract of Claim and Warrant for Payment of Claim 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 AM B DB LC LD LH Central $82.71 Hudson Central $107.71 Hudson Joe Ennesser $155.00 Empire $4,074.18 $2,058.30 $7,030.85 Pitney Bowes $699.00 Pitney Bowes $1,518.99 Mid Hudson $691.07 Fast James Baisley $850.00 MVP $8,209.86 $3,569.16 $13,703.04 MVP Gold $2,079.90 $207.99 George Silvestri $375.00 D Silvestri $252.02 Al Roberts $940.50 Al Roberts $1,952.43 $7,737.56 $82.50 Al Roberts $12,383.39 AI Roberts Al Roberts Al Roberts $1,930.50 Al Roberts $396.00 Al Roberts $2,128.50 Al Roberts $792.00 Al Roberts $3,283.60 Carquest $80.71 Michael $310.76 Sheehan NYS GFOA- $75.00 Fred Arkel Motors $81.54 Tire King $69.95 Tilcon $3,954.93 Susan Dao $25.00 Mark $25.00 Tome: of Wappinger Page 15 Printed 1212/2008 d Regular Meeting Minutes November 24, 2008 Liebermann Transcare $32,916.66 Community $1.71 $42.45 $125.62 Engy Chris Masterson 1 $69.16 Vendor A AM B DB LC LD LH Toshiba $447.60 Central WB Mason $12.49 Hudson All State Central Verizon $404.93 $722.59 Hudson Wireless Joe Ennesser Totals $34,850.87 1 $32,916.66 1 $21,352.16 1 $27,368.39 1 $1.71 $42.45 1 $125.62 Vendor SI SR SV T16 T92 WU Central Hudson Central $1,119.52 Hudson Joe Ennesser Empire Pitney Bowes Pitney Bowes Mid Hudson Fast James Baisley MVP MVP Gold George Silvestri D Silvestri Al Roberts $6,864.00 Al Roberts $473.50 Al Roberts Al Roberts $152.46 $124.74 $69.30 Al Roberts $33.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Carquest Michael Sheehan NYS GFOA- Fred Arkel Motors Tire King Tilcon Susan Dao Mark Liebermann Transcare Community Engy Chris Masterson Vendor SI SR SV T16 T92 WU Toshiba WB Mason All State $1,119.52 Verizon Wireless Totals 1 $152.46 1 $124.74 1 $69.30 1 $1,119.52 1 $6,864.00 1 $506.50 Town of Wappinger Page 16 Printed 12/2/2008 Regular Meeting Minutes November 24, 2008 The foregoing was put to a vote which resulted as follows: XII. ✓ Vote Record - Resolution RES -2008-347 Yes/Aye No/Nay Abstain Absent ❑ ❑ Adopted Adopted as Amended Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ 0 Tabled Vincent Bettina Voter 0 ❑ El ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Next: Dec 8, 2008 7:00 PM Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 24, 2008 The Resolution is hereby duly declared adopted. Adjournment Motion To: adjournat 10:10 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni ........____. _....................... The meeting adjourned at 10:10 PM. oh4�asterson Town Clerk 11 Town of Wappinger Page 17 Printed 12/2/2008