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2009-08-10 RGMMonday, August 10, 2009 Town of Wappinger Town Board Meeting Agenda - FK111I2u 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us 7:00 PM Meeting called to order on August 10, 2009 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. Chris Masterson 845-297-5771 I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Public Portion V. Minutes Approval Wednesday, July 08, 2009 Monday, July 13, 2009 Monday, August 03, 2009 VL Correspondence Log 2009-251. Resolution Authorizing the Acceptance of the Correspondence Log VII. Discussions A. Grinnell Library Financial Presentation - Beale B. Drainage - Wildwood, Valley/Hilltop, Granger - Colsey C. Comprehensive Plan Update - Stolman D. Lead Agency Coordination Request (Riverbend II) - Colsey/Roberts E. June 16th, 2009 Town Board Minutes Tuesday, June 16, 2009 F. Town Board Rules - McCarthy VIII. Resolutions Town Hall 2009-252. Resolution Authorizing and Accepting Amended Easement for Sanitary Town of Wappinger Page 1 Printed 81612009 Sewer Collector Line through Lands of Heartland, LLC 2009-253. Resolution Authorizing the Execution of a Purchase Order for Park Safety Equipment at Fleetwood Playground 2009-254. Resolution to Authorize a Public Hearing on the Intended Use of Community Development Block Grant Funds 2009-255. Resolution Authorizing the Removal of Cranberry Hills Property from Water and Sewer Districts 2009-256. Resolution Consenting to Village of Wappingers Falls Planning Board to Act as Lead Agency for the Riverbend II Project 2009-257. Resolution Appointing Negotiating Committee 2009-258. A Resolution Authorizing, Subject to Permissive Referendum, the Demolition of Existing Boiler and Installation of Two New Boilers at the Town Hall, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $90,000, and Authorizing the Issuance of $90,000 Bonds of Said Town to Pay the Cost Thereof 2009-259. Resolution Authorizing Justice Court Assistance Program Grant 2009-267. Resolution Approving Machinery and Equipment Rental Rates for Use by the Town of Wappinger Highway Department 2009-268. Resolution Authorizing Settlement of Tax Certiorari - HSBC 2009-269. Resolution Authorizing Settlement of Tax Certiorari - Aimco Chelsea Ridge, LLC IX. Items for Special Consideration X. New Business XI. Town Board Review of Vouchers 2009-260. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-261. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-262. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-263. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-264. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-265. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Town of Wappinger Page 1 Printed 81612009 Town Board Meeting Agenda August 10, 2009 2009-266. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 XII. Adjournment Town of Wappinger Page 2 Printed 81612009 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger,us Minutes — Chris Masterson 845-297-5771 Monday, August 10, 2009 7:00 PM Town Hall I. 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 Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present David Stolman Town of Wappinger Town Planner Present Graham Foster Town of Wappinger Highway Superintendent Present Mike Takacs Town of Wappinger Engineer to the Town Present II. Salute to the Flag III. Adoption of Agenda Amendment of the Agenda Supervisor Colsey noted that Resolution 2009-253 is being pulled. Councilwoman McCarthy pulled the discussion for the Town Board Rules from the Agenda. Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni IV. Public Portion Motion To: open the floor for public comments RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Public Comments Mary Schmalz was first to speak. She asked if the residents will be allowed to speak during discussions. Supervisor Colsey replied that the discussion would be a presentation only and comments from the public would be limited. Next Ms. Schmalz asked why there was a Resolution to remove Cranberry from the water and sewer districts. Supervisor Colsey explained that, if there is a change in the zone, there may be excess capacity. Next Ms. Schmalz asked why there is a Resolution appointing a negotiating committee. Supervisor Colsey answered that the Highway/CSEA contract will be due at the end of the year. Next resident to speak was Florence Graf. She asked why the Resolution for the roof at Carnwath was not on the Agenda. Supervisor Colsey explained that one of the needed reports did not come in. He hopes that the Resolution will be on the Agenda for the next meeting. Frank Redl was next to speak. He spoke about a concern he has with the Comprehensive Plan, pertaining to three pieces of property on the northeast side of Route 9. The parcels include Fun Central, Better Tan, Guardian Self Storage and an additional vacant parcel to the north of those. Mr. Redl showed a map that illustrates the recommended land use for his parcels. He explained that he is urging the Board to give the parcels a commercial designation in the Torn of Wappinger Page 1 Printed 8/27/2009 Town Board Meeting a Vl. Minutes August 10, 2009 Comprehensive Plan. To change it to "office" would be contrary to the spirit and intent of the Comprehensive Plan. Discussion about the parcels followed. Councilman Beale asked David Stolman, the Town Planner, if HO would be the best designation for this particular area. Mr. Stolman confirmed. Mr. Redl asked if that was the current zoning. Mr. Stolman confirmed. Discussion followed. Kelly Redl addressed the Board on the same matter. She asked if the Board would be considering a rezone for the properties. Supervisor Colsey and Councilman Bettina answered that the Master Plan is not in place, so further discussion could take place. Reed Swenson spoke next. He discussed the proposed zoning changes to his three lots on New Hackensack Road. The proposal is to change one of his properties from R-20 to R-80. He has been living on the property for 48 years. It has been in his family for generations. It has been zoned R-20 for 20-30 years. He feels that the proposed change to R-80 does not fit the character of the community. He went on to give reasons why. Mr. Swenson did note that he would be agreeable to sign something saying that he would not develop the property for ten years if it was left as is. Discussion followed. Supervisor Colsey commented that this is one of only a few farms in the Town and he would like to see it stay that way. Mr. Swenson again noted his offer to sign an agreement. Motion To: close the public portion RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Minutes Approval Wednesday, July 08, 2009 ✓ Vote Record - Acceptance of Minutes for July 8 2009 7:00 PM Yes/Aye No/Nay Abstain Absent 0 Christopher Colsey Voter 0 ❑ ❑ ❑ Accepted ❑ William Beale Voter 0 ❑ ❑ ❑ Accepted as Amended ❑ Vincent Bettina Seconder 0 ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Monday, July 13, 2009 ✓ Vote Record - Acceptance of Minutes for July 13 2009 7:00 PM Yes/Aye No/Nay Abstain Absent 0 Christopher Colsey Voter D ❑ ❑ ❑ Accepted ❑ William Beale Voter 0 ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Monday, August 03, 2009 ✓ Vote Record - Acceptance of Minutes for August 3 2009 7:00 PM Yes/Aye No/Nay Abstain Absent 0 Accepted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2009-251 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. Town of Wappinger Page 2 Printed 8/27/2009 1� Town Board Meeting Minutes August 10, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-251 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn - Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. VII. Discussions A. Grinnell Library Financial Presentation - Beale Supervisor Colsey opened the discussion at 7:26 PM. Beth Devine, President of the Grinnell Library, was present to address the Board. She provided the board with the library's annual report to the community, the annual audit report, as prepared by Sedore & Co., and their findings and recommendations. She went on to summarize the operations of the library and the services provided to the residents. Ms. Devine invited the board to prepare a list of question for the Library Board or to come to a round table discussion at their board meeting to keep the line of communication open. Tony Campilii, co -treasurer of the Grinnell Library, explained portions of the financial report. Councilman Paoloni thanked Mr. Compilii for coming and answering some of the questions that he had. Councilman Paoloni asked how much the other towns pay and what explains the difference. Mr. Campilii replied that the Town of Poughkeepsie budgeted $50,000 in 2008 and 2009. The library has a contract with the Town of Poughkeepsie for library services. The Town of Wappinger, under Proposition 414, paid $314,874 last year. This year, under Proposition 414, the voters voted to raise the amount to $542,874. The Village of Wappingers Falls paid $32,500 last year and budgeted $35,000 this year. Councilman Paoloni again asked for clarification on the difference in the cost for the towns and the difference in the increase as well. Mr. Campilii explained that the Town of Poughkeepsie is well represented by the Poughkeepsie Library District. He went on to explain which residents use which libraries. Discussion followed. Councilman Paoloni recommended having Grinnell as part of a district or having the towns pay for the operation on a per capita basis. Mr. Campilii went on to explain what factored into the equation to come up with the figures that the library has asked the Town to pay. Councilman Bettina noted that Beacon has its own library district. He asked for clarification on whether the Beacon School District was part of the larger district that Mr. Campilii has been referring to. Mr. Campilii explained that there is a difference between the district libraries and association libraries. Councilman Bettina then noted that his residents don't understand why they have to pay for two different library districts. Al Roberts, Town Attorney, explained why the residents pay into the districts that they do. Councilwoman McCarthy wanted to make clear that the questions that the Board has, in no way, indicate lack of support for the library. The Board is trying to understand the mechanics of the Grinnell organization. She would like to sit down at a round table to be able to ask follow- up questions. She also asked for figures on the amount of people that the library employees. Councilman Beale encouraged everyone to stop by the library and utilize the resources that are available. Mary Schmalz asked to comment. She first noted that the service given by the employees at Grinnell Library is wonderful. She is concerned that the town residents are subject to taxation without representation because they can't choose who serves as a trustee on the Grinnell Library Board. Supervisor Colsey closed the discussion at 7:55 PM. B. Drainage - Wildwood, Valley/Hilltop, Granger - Colsey Supervisor Colsey opened the discussion at 8:17 PM. Mike Takacs, filling in for the Engineer to the Town, summarized the drainage issues in Wildwood first. Mr. Takacs discussed the option of putting berms at the properties to prevent flooding. This would guide storm water to the drains and would be able to handle the average rainfall. Discussion followed. Councilwoman McCarthy asked that the Town Engineer follow up with the residents affected. She also asked if a lip could be put on the driveway at 21 Carroll Drive so that stormwater doesn't flow down the resident's driveway as fast as it does now. Graham Foster, Highway Superintendent, replied that he will check to see if it is part of the contract for the work scheduled to be done. Town of Wappinger Page 3 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 Supervisor Colsey moved the discussion on to the Valley Road and Hilltop Drive drainage issue. Mr. Takacs recapped the issue for the Board. Mr. Foster further explained how this condition deteriorated so much. Discussion followed. Supervisor Colsey asked what needs to be done to get moving on correcting the issue. Mr. Foster recommended that the Board could authorize the Engineers to come up with a plan to be put out to bid. An easement from the homeowners would be needed as well. Councilman Paoloni recommended first finding out if the Town can do anything, as it pertains to repairs being made to private property. Mr. Foster noted that the water is being discharged by the Town pipe. Al Roberts, Town Attorney, explained that there is a point discharge where the Town channels the water. The Town will need a temporary or permanent drainage easement in which they will need to put a junction box that will distribute the water to each of the channels. Supervisor Colsey again noted that the Board will need to authorize the professionals to come up with a plan. Councilman Paoloni made the motion. The motion was seconded by Supervisor Colsey. Discussion followed. The motion passed unanimously. Councilman Beale asked that the motion be restated. Supervisor Colsey clarified that the motion was "to do a desktop or preliminary study for the property of the owners Mr. Wirzbicki, Valley, Hilltop Road, for the purpose of doing a cost estimate". Mr. Wirzbicki asked to comment. He commented on the idea of who will be filling in the gorge. He noted that they are not talking about improvements to his property. They are talking about repair of damage that has been done to the property. The idea of installing boulders does not return the property to the state that it was in before the Town channeled in all the water. As they take a look at it, he would like the Town to look into returning the property to the state it was in. Councilman Paoloni felt that filling in the gorge may be the cheapest part of the project. Discussion followed. Supervisor Colsey then moved the discussion to the Granger Place issue. Mr. Foster noted that there has been nothing else done on Granger Place. The Engineer to the Town hasn't been authorized to do any designs for that. He noted what would need to take place for this project. Supervisor Colsey will talk to the Engineer to the Town about this. Motion To: do a desktop or preliminary study for property for purpose of giving cost estimate RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Colsey, Beale, Bettina, McCarthy, Paoloni C. Comprehensive Plan Update - Stolman Supervisor Colsey opened the discussion at 8:20 PM. David Stolman, Town Planner, gave an update on the Comprehensive Plan including items that have been amended based on the previous Comprehensive Plan discussion. The first item of the Plan discussed was the Chelsea hamlet. Next Mr. Stolman discussed the New Hackensack hamlet and the Alexander property. The last item stemming from the last meeting was the Myers Corners hamlet. Mr. Stolman then began the discussion of the Cranberry property. At the last Meeting, the idea of split zoning the property came up. Mr. Stolman used maps to illustrate options to move forward with this idea. Councilwoman McCarthy felt that designating the wetlands as the 5 acre zoning doesn't do anything to address her density concerns. She feels that it is still too high of a density for the remaining buildable property. Supervisor Colsey asked what the yield of homes on the property under the new proposed zoning would be. Mr. Stolman answered that the number would be somewhere around 140 lots. Supervisor Colsey noted that he has proposed R-80 for the property and asked what that would yield. Mr. Stolman answered that it would be more than the new scenario. Mr. Stolman will try to find out an approximate number of lots. Councilman Beale asked how this proposal is not spot zoning. Mr. Stolman explained that this proposal does not meet any of the criteria to be defined as spot zoning. The Councilman asked for the opinion of the Town Attorney, Al Roberts. Mr. Roberts asked the Board to take his opinions contained in several memos on this topic into consideration when making their decision. Councilman Beale stated that he is against any effort that will open the Town up to litigation relative to property rights or spot zoning. The Board and Town Attorney discussed precedents in this area. Councilwoman McCarthy again noted that giving her the 5 acre zoning on the wetland areas, which were not going to be built on anyway, does not address the goal of minimizing the density on that property. Discussion followed. Councilwoman McCarthy asked for information on the Resolution to pull this property from the water district, such as the how it pertains the current zoning and the proposed zoning. Mr. Roberts answered that the Town does not have this information yet. Mr. Stolman explained some of the consequences of pulling the property out. Discussion followed. Mr. Roberts then guided a detailed history discussion of the benefit units that the Cranberry owners have been Town of Wappinger Page 4 Printed 8/27/2009 NJ, Town Board Meeting Minutes August 10, 2009 assessed over the years. Supervisor Colsey noted that the Board will not be reaching a consensus on the Cranberry property. Councilman Paoloni agreed, but added that they have moved forward into understanding the direction that they are heading. Supervisor Colsey asked Mr. Stolman to continue with the update. Mr. Stolman discussed the topic of the Seco property. The owner is hoping that the property will be left as R- 40. Mr. Stolman feels that the owner's logic is sound and recommends that it be left at R-40. Next, Mr. Stolman noted that there is nothing new regarding the Swenson issue. The next property discussed was the Smart property in the Chelsea area. Mr. Stolman described the issue, referring to a letter and pictures submitted by Wendy Smart that illustrate the problem. Mrs. Smart is asking that the property be rezoned from R-80 to R-40. The Smart property borders the New York State Department of Environmental Protection property. The DEP property recently made significant changes, including the erection of a fairly high concrete wall and noise barrier. The changes have eliminated the resident's view of the river and she is proposing the rezone to be able to build a new structure to regain the river views. Mr. Stolman described the zoning of the surrounding area. It is zoned R-80, but is not a very residential area. Discussion followed. Councilwoman McCarthy asked if considering this would be spot zoning. Mr. Stolman explained why it wouldn't be spot zoning. Councilwoman McCarthy commented that it doesn't seem consistent to her to change one little slice for one resident, when all of the property on that side of the street is one zone: R-80. Councilman Bettina noted that this resident has clearly been impacted by the DEP. Supervisor Colsey sees this R780 zoned riverfront property and feels that it would be inconsistent to pull out one property, especially when it is for the purpose of building another home. Councilman Beale feels that there are extenuating circumstances and that this resident has become "locked -in". It makes sense to him that the resident would like to build another home to regain the views that have been lost. He supports entertaining R-40 in that region as long as it is not just for her parcel. The Board discussed the DEP improvements. Councilwoman McCarthy noted that she is trying to not spot zone and to be consistent. She thinks that the parcel is consistent as is, and she is not in favor of changing it. Councilman Bettina added that it is not spot zoning. Councilwoman McCarthy went on to say that neighbors change the look of their property all the time to the disfavor of their neighbors. Those neighbors don't get rezoned so that they can build another house. Councilman Bettina noted the difference between a residential neighbor and the DEP as a neighbor. Councilman Beale noted that the DEP and Central Hudson power station are out of zone. Discussion followed. Supervisor Colsey polled the Board. He and Councilwoman McCarthy stated that they feel it should stay as is. Councilman Beale and Councilman Bettina noted that there are extenuating circumstances that justify the zoning change. Councilman Paoloni stated that they need a more compelling reason for a zoning change. He went on to say that perhaps Mrs. Smart can move her house. Discussion followed. Mr. Stolman then moved the discussion to the topic of senior housing. Councilman Bealc recommended having a Meeting set specifically for Comprehensive Plan discussion. Councilwoman McCarthy agreed. The Board came to the consensus to have the September 14th, 2009 Town Board Meeting set specifically for the Comprehensive Plan. D. Lead Agency Coordination Request (Riverbend 11) - ColseylRoberts Supervisor Colsey opened the discussion at 9:21 PM. He explained that the Town Board has an interest relative to a sewer line that goes to the project. Councilwoman McCarthy asked if the Town would not benefit as lead agency for this project. Al Roberts, Town Attorney, explained that the Town would not qualify as lead agent. Supervisor Colsey closed the discussion at 9:21 PM. E. June 16th, 2009 Town Board Minutes Supervisor Colsey opened the discussion at 9:21 PM. Councilwoman McCarthy stated that the Minutes of June 16th, 2009, do not accurately reflect how the Meeting ended. She does not feel that the Meeting was adjourned the way that it is documented. She asked if the Board needs to fix it or if she should just vote "No". Councilman Bettina added that the Town Attorney has said that the Meeting wasn't adjourned properly, and that needs to be reflected. He noted that the Board, as a whole, made a decision to adjourn the Meeting. Councilwoman McCarthy added that there were discussions that occurred after the Minutes accounting stopped. She does not know how the Board can reflect what happened in that time. Councilman Paoloni stated that there was a vote to add something to the Agenda. That vote was in the second Meeting and did not pass. Councilwoman McCarthy asked the Town Clerk why the tape was turned off. The Town Clerk replied that the tape was turned off when the Meeting was adjourned. He explained that the Supervisor announced the motion to adjourn and the result of the vote, and that result was not challenged. Councilwoman McCarthy claimed that it was challenged immediately. Councilman Bettina added that he asked the Attorney if it was adjourned and the Attorney replied that it was not. Councilwoman McCarthy then stated that there was a 20 minute period Town of Wappinger Page 5 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 that was not documented, and that, conveniently, there is no video. Councilman Paoloni commented that the Board should come up with what is important enough to write down. He feels that the vote is important, but the dialogue is not as important. The Board can then agree on what gets recorded. Councilwoman McCarthy stated that she would like the Minutes to reflect the fact that the Board questioned the validity of the adjournment, the fact that the Attorney advised that it was not a valid adjournment, the fact that the Board did take the vote that it took, the outcome of the vote, and a guess about the actual adjournment time. The Town Clerk explained that the Board could draft a margin amendment, that, when voted on, will be added to the Minutes of that Meeting. Discussion followed. Councilman Bettina commented that the Board has to approve the Minutes. Mr. Roberts informed Councilman Bettina that the Board has no authority to "approve" Town Board Minutes. Councilman Paoloni recommended that the Board Members submit the amendment. Councilman Beale noted that there was a period of confusion after the Meeting was adjourned. It should be reflected that the Town Attorney was not sure whether the Meeting was in fact adjourned at that point. It was not clear cut that it was adjourned. VIII. Resolutions RESOLUTION: 2009-252 Resolution Authorizing and Accepting Amended Easement for Sanitary Sewer Collector Line through Lands of Heartland, LLC WHEREAS, by Resolution dated July 5, 2005, the Town Board of the Town of Wappinger authorized certain property owned by HEARTLAND, LLC, and located at 1271 Route 9, Wappingers Falls, New York (hereinafter the "HEARTLAND PARCEL"), to connect to the Town owned Wappinger Sewer Transmission/Treatment Improvement Area Phase 3-A (hereinafter "WSTTIA-3A") as a tenant; and WHEREAS, as a condition to such connection to the WSTTIA-3A, HEARTLAND was required to construct and install certain sewer main improvements and grant an UNSPECIFIED EASEMENT for expansion of the sewer to the southerly end of the HEARTLAND PARCEL; and WHEREAS, HEARTLAND previously granted both a PERMENANT and UNSPECIFIED EASEMENT for Sanitary Sewer Collector Line to the Town of Wappinger by indenture dated November 18, 2005; and WHEREAS, HEARTLAND, in conjunction with North American Home Equities, Inc., has completed the construction of the Sanitary Sewer Collector Line through the HEARTLAND PARCEL; and WHEREAS, the location of the Sewer Collector Line has been finally determined and is more particularly set forth in Schedule "A" attached hereto; and WHEREAS, in accordance with the original EASEMENT granted by HEARTLAND, LLC, the TOWN and HEARTLAND agreed to redefine the PERMANENT EASEMENT AREA consistent with the location of the Sewer Collector Line, as constructed by HEARTLAND and/or North American Home Equities, Inc.; and WHEREAS, the metes and bounds description of the redefined PERMANENT EASEMENT AREA has been prepared by Robert J. Gray, P.E., Engineer to the Town; and WHEREAS, HEARTLAND, LLC and the TOWN are desirous of confirming the PERMANENT EASEMENT AREA through the lands of HEARTLAND wherein the Sewer Collector Line is located 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 Sewer Collector Line has been constructed pursuant to plans prepared and approved by the foriner Engineer to the Town, Paggi, Martin & Del Bene, LLP, and confirms its acceptance of said Sewer Collector Line and appurtenances. 3. The Town Board hereby authorizes the amendment to the Grant of Permanent and Unspecified Easement for Sanitary Sewer Collector Line, previously dedicated to the Town of Wappinger by document recorded in the Dutchess County Clerk's Office on March 2, 2006, as Document No. 02 2006 2290. 4. The Town Board .hereby authorizes the Supervisor, Christopher J. Colsey, to execute the Amended Easement for Sanitary Sewer Collector Line, in the form attached hereto and to authorize its recording in the Dutchess County Clerk's Office, together with such other instruments and documents necessary to enable the document to be recorded in the Dutchess County Clerk's Office. Town of Wappinger Page 6 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 5. Albert P. Roberts, Attorney to the Town, is further authorized to perform such legal services as are necessary to effectuate the signing and recording of the Amended Easement in the Dutchess County Clerk's Office. The foregoing was put to a vote which resulted as follows; ✓ Vote Record - Resolution RES -2009-252 Yes/Aye No/Nay Abstain Absent 21 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ El ❑ Tabled Maureen McCarthy Voter Q 11 ❑ ❑ Withdrawn Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2009-254 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2009-254 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 applications for the 2010 Community Development Block Grant Program; and k' 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 2010; 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 28th day of September, 2009, 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 Town's intended use of Community Development Block Grant Funds being applied for by the Town of Wappinger for calendar year 2010. 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 -2009-254 Yes/Aye No/Nay Abstain Absent 21 Adopted Christopher Colsey Voter FI El ❑ El Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter RI ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator Rl ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder Rl ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 RESOLUTION: 2009-255 Resolution Authorizing the Town Attorney and Town Engineer to Prepare Special Legislation and Negotiate with the Property Owner of the Cranberry Hills Property for the Purpose of Removal from the Water and Sewer Districts WHEREAS, Cranberry Hills, LLC, a New York Limited Liability Company, with an address of 118 North Bedford Road, Mount Kisco, New York, 10549, owns a 332 ± acre parcel of property located within the Town of Wappinger, and identified on the Town of Wappinger Tax Maps as 6158-04-951382 (hereinafter referred to as the "Cranberry Parcel"); and WHEREAS, the Cranberry Parcel is located in the United Wappinger Water District (Wappinger Consolidated Water District) and the Wappinger Sewer Transmission/Treatment Improvement Area Phase 1 and 2 (WST/TIA 1 and 2); and WHEREAS, the Town Board seeks to have the above referenced parcel removed from the United Wappinger Water District and the WST/TIA 1 and 2 because of the environmental sensitivities of the site 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 directs the Attorney to the Town, Albert P. Roberts, and Engineer to the Town, Robert J. Gray, to take whatever steps may be deemed legally appropriate to have the Cranberry Parcel removed from the United Wappinger Water District and from the WST/TIA 1 and 2. 3. The said Albert P. Roberts and Robert J. Gray are authorized to negotiate with the parcel owner, Cranberry Hills, LLC, to obtain its consent to such removal, and/or drafting special legislation authorizing such removal and submitting the special legislation for adoption by the New York State Legislature, or to take such other steps as deemed legally appropriate to have the Cranberry Parcel removed from the aforementioned Water District and Sewer Improvement Areas. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-255 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Initiator 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ 0 Defeated Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ 0 ❑ ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby tabled. RESOLUTION: 2009-256 Resolution Consenting to Village of Wappingers Falls Planning Board to Act as Lead Agency for the Riverbend II Project WHEREAS, the Village of Wappingers Falls received an application for Site Plan Approval for a 54 luxury rental townhouse complex consisting of 46 two bedroom units and 8 one bedroom units, known as Riverbend at Wappingers Falls II; and WHEREAS, by undated notice from the Building Department of the Village of Wappingers Falls, received in the Supervisor's office on July 23, 2009, the Village of Wappingers Falls Planning Board has determined that it is the most appropriate agency to conduct the State Environmental Quality Review (SEQRA) of this project, and has requested that the Town Board consent to the Village of Wappingers Falls Planning Board serving as Lead Agency on this matter; and WHEREAS, the subject project is located on the North side of Myers Corners Road, approximately 600ft east of its intersection with Route 9, and is adjacent to the jurisdictional boundary between the Village of Wappingers Falls and the Town of Wappinger; and WHEREAS, the Town Board of the Town of Wappinger, by resolution adopted by the Town Board on May 26, 2009, agreed to permit the subject project to discharge waste water into the sewer main owned and operated by the Town, by and on behalf of the Wappinger Sewer Transmission/ Treatment Improvement Areas Phases 1, 2 and 3A. Town of Wappinger Page 8 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 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 consents to the Village of Wappingers Falls Planning Board serving as Lead Agency on the Site Plan Application known as Riverbend at Wappingers Falls II for a 54 luxury rental of townhouse project consisting of 46 two bedroom units and 8 one bedroom units. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-256 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter Q ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ El ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter D 11 El ❑ Withdrawn Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-257 Resolution Appointing Negotiating Committee WHEREAS, the Town of Wappinger CSEA has entered into a one year contract extension on behalf of the Highway Department Employees, which contract extension expires December 31, 2009; and WHEREAS, the Town of Wappinger seeks to negotiate a new contract with the CSEA before the present contract extension expires; and WHEREAS, to facilitate the negotiation of the contract, the Town Board desires to appoint a Negotiating Committee to negotiate with the representatives of CSEA for the contract extension 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 appoints and as the Negotiating Committee to negotiate a new contract with the CSEA on behalf of the Town of Wappinger Highway Department Employees for the term commencing January 1, 2010, with guidance and assistance from David Wise, Esq., Labor Counsel, and Graham Foster, Highway Superintendent. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-257 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter RI ❑ ❑ ❑ 0 ❑ Tabled Withdrawn Maureen McCarthy Initiator D ❑ ❑ ❑ Joseph Paoloni Voter ' D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby tabled. RESOLUTION: 2009-258 A Resolution Authorizing, Subject to Permissive Referendum, the Demolition of Existing Boiler and Installation of Two New Boilers at the Town Hall, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $90,000, and Authorizing the Issuance of $90,000 Bonds of Said Town to Pay the Cost Thereof WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Town of Wappinger Page 9 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 Act as a Type II Action, have been performed; and WHEREAS, it is now desired to authorize such capital project and its financing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The demolition of the existing boiler and associated material and the installation of two new gas fired boilers and associated materials at the Town Hall, in and for the Town of Wappinger, Dutchess County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $90,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $90,000 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 ten years, pursuant to subdivision 13 of paragraph (a) of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. 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 unless paid from other revenues. 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 5. 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 of said Town, 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 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. 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 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. 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 8. 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 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper(s) of said 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. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Town of Wappinger Page 10 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-258 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 � ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-259 Resolution Authorizing Justice Court Assistance Program Grant WHEREAS, the Town of Wappinger Justice Court is eligible for a grant from the State of New York Unified Court System through the Justice Court Assistance Program; and WHEREAS, Town of Wappinger Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Clerk, Cheryl Hait, have recommended an application for such grant be made; and WHEREAS, Town Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Clerk, Cheryl Hait, have prepared an application to the Justice Court Assistance Program Grant in the form attached hereto; and WHEREAS, the application was required to be submitted to the New York State Office of Court Administration by August 1, 2009; 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 authorizes an application to be made on behalf of the Town of Wappinger Justice Court pursuant to the Justice Court Assistance Program for a grant up to the maximum amount available, as set forth in the application referenced above. 3. The Town Board hereby confirms the authorization to have said application signed by Supervisor Christopher J. Colsey, as well as Town Justices Carl S. Wolfson and Heather L. Kitchen, and further authorizes and ratifies the actions of Supervisor Christopher J. Colsey, who signed the certification attached to the application, and Justice Court Chief Clerk Cheryl Hait, who completed the application and submitted same to the New York State Office of Court Administration to comply with the August 1, 2009 submission date. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-259 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 August 10, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-267 Resolution Approving Machinery and Equipment Rental Rates for Use by the Town of Wappinger Highway Department WHEREAS, pursuant to § 143 of the Highway Law, Highway Superintendent, Graham Foster, has negotiated and procured machinery and equipment rental rates for use by the Highway Department from Clove Excavators, Incorporated, for calendar year 2009; and WHEREAS, the machinery and equipment rental rates are itemized and identified on Schedule "1" attached hereto and made part hereof; and Town of Wappinger Page 11 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 WHEREAS, the machinery and equipment rental rates procured by the Highway Superintendent are not subject to competitive bidding, but are subject to Town Board approval 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 approves the machinery and equipment rental rates procured from Clove Excavators, Inc., with offices at 9 Barnes Drive, Poughkeepsie, New York, 12590, for calendar year 2009, as set forth, itemized and identified on Schedule "1", attached hereto and made part hereof The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-267 Original Revised Tax Year Assessment a Reduction 2001 420,000 Yes/Aye No/Nay Abstain Absent 420,000 Adopted Christopher Colsey Seconder la ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated 2007 1,200,000 1,200,000 0 ❑ Tabled Vincent Bettina Initiator m ❑ ❑ ❑ El Withdrawn Maureen McCarthy Voter CEJ ❑ ❑ ❑ Joseph Paoloni Voter 10 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-268 Resolution Authorizing Settlement of Tax Certiorari - HSBC WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009 by HSBC BANK USA, NATIONAL ASSOCIATION, regarding premises located at, 1555 Route 9, Wappingers Falls, New York, seeking a reduction in the 2001 through 2009 tax assessment for the respective tax roll; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby does not approve a reduction to the assessment on behalf of the Town of Wappinger of the tax review proceeding for the years 2001 through 2009, as it pertains to Grid #'s 6158-19-532136-0001, 6158-19-532136-0000, 6158-1952150-0001 and 6158-19-527150- 0000, as follows: Grid No.: 6158-19-532136-0001 Grid No.: 6158-19-532136-0000 Original Revised Tax Year Assessment Assessment Reduction 2007 300,000 300,000 0 Grid No.: 6158-19-527150-0001 Original Revised Tax Year Assessment Assessment Reduction 2008 1,200,000 1,200,000 0 2009 1,200,000 1,200,000 0 Grid No.: 6158-19-527150-0000 Town of Wappinger Page 12 Printed 8/27/2009 Original Revised Tax Year Assessment Assessment Reduction 2001 420,000 420,000 0 2002 420,000 420,000 0 2003 420,000 420,000 0 2004 420,000 420,000 0 2005 420,000 420,000 0 2006 420,000 420,000 0 2007 1,200,000 1,200,000 0 Grid No.: 6158-19-532136-0000 Original Revised Tax Year Assessment Assessment Reduction 2007 300,000 300,000 0 Grid No.: 6158-19-527150-0001 Original Revised Tax Year Assessment Assessment Reduction 2008 1,200,000 1,200,000 0 2009 1,200,000 1,200,000 0 Grid No.: 6158-19-527150-0000 Town of Wappinger Page 12 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 Original Revised Tax Year Assessment Assessment Reduction 2008 2,850,000 2,850,000 0 2009 2,850,000 2,850,000 0 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-268 Revised Total Assessment Reduction 2005 18,380,000 18,380,000 -0- 2006 18,380,000 18,380,000 -0- 2007 70,159,700 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter RI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ El $ -0- Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-269 Resolution Authorizing Settlement of Tax Certiorari - Aimco Chelsea Ridge, LLC. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2005, 2006, 2007, 2008 and 2009 by Aimco Chelsea Ridge, LLC., regarding Grid Nos. 6056-01-373534; 6056-01-468615; 6056-02-506726; 6056-02-540718; 6056-02-558539; 6056- 02-590514; 6056-02-590610; 6056-02-621570; and 6056-02-635539, seeking a reduction in the 2005 through 2009 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding; and NOW,THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 2005 through 2009, as it pertains to Grid Nos. 6056-01-373534; 6056-01-468615; 6056-02- 506726; 6056-02-540718; 6056-02-558539; 6056-02-590514; 6056-02-590610; 6056-02-621570 and 6056-02-635539, as follows: Tax Year Original Total Assessment Revised Total Assessment Reduction 2005 18,380,000 18,380,000 -0- 2006 18,380,000 18,380,000 -0- 2007 70,159,700 1 60,790,700 9,369,000 2008 70,126,500 60,790,700 1 9,335,800 2009 70,126,500 60,790,700 1 9,335,800 BE IT FURTHER RESOLVED, that the allocation of the assessment reduction shall be as more particularly described as follows: TAX YEAR TAX MAP NO. ORIGINAL A.V. REDUCTION FINAL A.V. 2007/08 135689-6056-01-373534-0000 $24,000,000 $3,242,000 $20,758,000 2007/08 135689-6056-01-468615-0000 $28,000,000 $3,782,000 $24,218,000 2007/08 135689-6056-02-506726-0000 $ 150,500 $ -0- $ 150,500 2007/08 135689-6056-02-540718-0000 $ 63,800 $ -0- $ 63,800 2007/08 135689-6056-02-558539-0000 $ 369,000 $ 50,000 $ 319,000 2007/08 135689-6056-02-590514-0000 $14,000,000 $1,890,000 $12,110,0.00 2007/08 135689-6056-02-590610-0000 $ 475,400 $ -0- $ 475,400 2007/08 135689-6056-02-621570-0000 $ 101,000 $ -0- $ 101,000 2007/08 135689-6056-02-635539-0000 $ 3,000,000 $ 405,000 $ 2,595,000 2007/08 TOTAL: $70,159,700 $9,369, 000 $60,790,700 TAX YEAR TAX MAP NO. ORIGINAL A.V. REDUCTION FINAL A.V. 2008/09 135689-6056-01-373534-0000 $24,000,000 $3,235,000 $20,765,000 2008/09 135689-6056-01-468615-0000 $28,000,000 $3,775,000 $24,225,000 2008/09 135689-6056-02-506726-0000 $ 150,500 $ -0- $ 150,500 2008/09 135689-6056-02-540718-0000 $ 63,800 $ -0- $ 63,800 2008/09 135689-6056-02-558539-0000 $ 335,800 $ 43,800 $ 292,000 Town of Wappinger Page 13 Printed &27/2009 Town Board Meeting Minutes August 10, 2009 1X. 2008/09 135689-6056-02-590514-0000 $14,000,000 $1,880,000 $12,120,000 2008/09 135689-6056-02-590610-0000 $ 475,400 $ -0- $ 475,400 2008/09 135689-6056-02-621570-0000 $ 101,000 $ -0- $ 101,000 2008/09 135689-6056-02-635539-0000 $ 3,000,000 $ 402,000 $ 2,598,000 2008/09 TOTAL: $70,126,500 1 $9,335,800 $60,790,700 TAX YEAR TAX MAP NO. ORIGINAL A.V. REDUCTION FINAL A.V. 2009/10 135689-6056-01-373534-0000 $24,000,000 $3,235,000 $20,765,000 2009/10 135689-6056-01-468615-0000 $28,000,000 $3,775,000 $24,225,000 2009/10 135689-6056-02-506726-0000 $ 150,500 $ -0- $ 150,500 2009/10 135689-6056-02-540718-0000 $ 63,800 $ -0- $ 63,800 2009/10 135689-6056-02-558539-0000 $ 335,800 $ 43,800 $ 292,000 2009/10 135689-6056-02-590514-0000 $14,000,000 $1,880,000 $12,120,000 2009/10 135689-6056-02-590610-0000 $ 475,400 $ -0- $ 475,400 2009/10 135689-6056-02-621570-0000 $ 101,000 $ -0- $ 101,000 2009/10 135689-6056-02-635539-0000 $ 3,000,000 $ 4021000 $ 2,598,000 2009/10 TOTAL: $70,126,500 $9,335,800 $60,790,700 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 -2009-269 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 8 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator E1 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. Items for Special Consideration Motion To: add Resolution to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2009-270 Resolution Authorizing Town of Wappinger Code Enforcement Personnel to Attend Green Building Educational Conference in Ulster County, New York WHEREAS, the Town of Wappinger employs NYS Certified Code Enforcement Officers for the purposes of zoning, building, and related matters of compliance; WHEREAS, in accordance with the statutes, as promulgated by the State of New York, each Certified Code Enforcement Officer must annually gain twenty-four (24) hours of training; WHEREAS, the NYS Secretary of State, Division of Code Enforcement Educational Services is offering six (6) hours of training on September 3, 2009, in Port Ewen, New York, at no cost on the topic of Green Building Practices; and WHEREAS, NYS Certified Code Enforcement Officer Sal Morello has requested the authority to attend this training seminar. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes Sal Morello of the Office of Code Enforcement to attend the Green Building Practices seminar to be held September 3, 2009, in Port Ewen, New York. Town of Wappinger Page /4 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-270 Yes/Aye No/Nay Abstain Absent Q Adopted Christopher Colsey Voter Q 11 El El ❑ Adopted as Amended William Beale Voter Q 11 ❑ ❑ Defeated Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder Q ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. X. New Business Councilman Beale New Business Councilman Beale asked the Town Clerk if there was any need for a dog enumeration. The Town Clerk replied that it would be something to ask the Dog Control Officer. The Town Clerk then explained what a dog enumeration is and how a town would go about conducting one. Councilman Beale noted that this may be something that the Town should look into down the road. Councilman Bettina New Business Councilman Bettina commended the Town Clerk's Office on the work they are doing for the rabies clinic. He claimed that residents have called him asking why the Town doesn't do free clinics while other towns can. The Town Clerk explained that he has already tried to line up a free rabies clinic in the past. The wait list was one year. After being added to the list, one year passed and, when further inquiry was made, the County stated that Wappinger was not on the list. The Town Clerk went on to explain the difference between the County -run, free rabies clinics and the Town of Wappinger, fee-based clinics. Supervisor Colsey added that the fees charged by the Town are still much lower than typical fees for the same services. Councilman Beale asked when the Town's clinic is going to be. Supervisor Colsey replied that it would be on August 22nd. Councilman Paoloni New Business Councilman Paoloni asked when the Board would be seeing an item for a stop sign at Regency Drive on the Agenda. He gave an explanation of the situation for the Highway Superintendent, Graham Foster. Mr. Foster went on to note that there was a stop sign stolen on Pye Lane. Discussion followed. Councilman Bettina New Business Councilman Bettina thanked the Board for sending his mother flowers when she was ill. XI. Executive Session Motion To: go into Executive Session for personnel item RESULT: MOVER: SECONDER: AYES: A. Personnel ADOPTED [UNANIMOUS] Vincent Bettina, Councilman William Beale, Councilman Colsey, Beale, Bettina, McCarthy, Paoloni Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 15 Printed 8/2712009 Town Board Meeting Minutes XII. Town Board Review of Vouchers August 10, 2009 Motion To: amend Resolutions 2009-260 through 2009-265 to reflect only the vouchers that were endorsed and signed by the department heads RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2009-260 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 T92 Central Hudson $62.79 Central Hudson $62.52 Abstain Absent Office of The Aging $1,725.00 Voter 0 ❑ Montfort Brothers El❑ $384.00 William Beale Platts County Locksmith $808.00 ❑ ❑ ❑ Poughkeepsie Journal Defeated $129.44 DC Sheriff $3,836.99 $13,775.18 ❑ Tabled Sedore and Company $1,283.25 El ❑ El Sedore and Company $6,686.25 Withdrawn Maureen McCarthy Seconder Chemung Supply ❑ ❑ $3,440.00 Frederick Clark Joseph Paoloni Voter 0 $5,659.00 Frederick Clark ❑ $8,699.12 $60.00 Cryo Weld $135.09 Reserve Account $3,000.00 David Varco $375.00 Gellert & Klein $2,272.25 Gellert & Klein $99.00 $87.50 Toshiba Financial $461.46 Poland Spring $288.17 MetLife $1,575.50 $456.24 Cornerstone $1,214.78 $187.88 Clark Patterson Lee $375.00 Clark Patterson Lee $937.50 Hudson River Valley $745.00 Tours United Rentals $795.63 Perfect Comfort $275.00 Fishkill Historical Society $20.00 ITC-Indep. Telecomm $1,126.14 Royalty Carpet $1,000.00 Cleaning Totals $27,317.73 $23,642.86 $4,421.59 1$6,656.50 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-260 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ El❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter El ❑ El ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 16 Printed 8/27/2009 1-� r 11 Town Board Meeting Minutes August 10, 2009 RESOLUTION: 2009-261 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 HG CAMO Pollution $580.00 Central Hudson $852.20 NYCommCo $258.00 NYCommCo $301.00 NYCommCo $1,340.00 Poughkeepsie Journal $139.13 Royal Carting $20,804.15 $9,288.23 Southern Dutchess $114.91 News Southern Dutchess $33.51 News Mid Hudson Fasteners $1,163.55 Sedore and Company $2,356.00 NYS Unemployment $13,732.11 $3,978.00 $4,546.50 Carquest $531.57 Carquest $333.89 Chamber Tractor Sales $652.26 Chamber Tractor Sales $2,488.14 Ruge's Part Center $16.15 Arkel Motors $853.33 Atlantic Pavement $12,044.00 Donald Seifts $254.33 Global Translation $140.00 Mid Hudson Vly $25.00 NYSBOC Mid Hudson Vly $25.00 NYSBOC GHI $8,526.78 Hillman Signs Hillman Signs $168.00 Hillman Signs $30.00 Justice Court Fund $32,720.40 Cryo Weld $66.75 Tilcon $1,457.80 Staples $18.55 Conrad Geoscience $2,500.00 Business Auto System $1,400.00 Wells Fargo Financial $325.59 Kay Von Reyn $177.90 Karol Kelly $52.36 Community Energy Harris $669.78 C & C Hydraulics $203.75 R Costa Electric $285.00 Verizon Wireless $307.16 $823.14 Perfect Comfort $1,090.00 Auto Zone $175.96 $22.74 Capital Safety $220.00 Hannaford Brothers $98.00 Callahan Plumbing $1,368.65 Totals 1 $84,248.39 $18,558.12 $26,172.76 $580.00 Vendor LC LD LH CD CAMO Pollution Central Hudson $6.63 $129.42 $717.97 NYCommCo Town of Wappinger Page 17 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 NYCommCo NYCommCo Poughkeepsie Journal Royal Carting Southern Dutchess News Southern Dutchess News Mid Hudson Fasteners Sedore and Company NYS Unemployment Carquest Carquest Chamber Tractor Sales Chamber Tractor Sales Ruge's Part Center Arkel Motors Atlantic Pavement Donald Seifts Global Translation Mid Hudson Vly NYSBOC Mid Hudson Vly NYSBOC GHI Hillman Signs $1,500.00 Hillman Signs Hillman Signs Justice Court Fund Cryo Weld Tilcon Staples Conrad Geoscience Business Auto System Wells Fargo Financial Kay Von Reyn Karol Kelly Community Energy $1.71 $42.45 $125.62 Harris C & C Hydraulics R Costa Electric Verizon Wireless Perfect Comfort Auto Zone Capital Safety Hannaford Brothers Callahan Plumbing Totals $8.34 1$171.87 $843.59 $1,500.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-261 0 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator El ❑ ❑ ❑ ❑ Defeated El Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 18 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 RESOLUTION: 2009-262 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 AM B DB LC LD CAMO Pollution CAMO Pollution $600.00 CAMO Pollution $585.00 Central Hudson $1,853.11 Central Hudson $300.81 Central Hudson $2,142.78 $65.49 $690.19 Poughkeepsie Journal $28.55 Home Depot $224.00 Frontier Communication $22.31 Signal Graphics $217.12 Signal Graphics $260.30 Orkin $128.47 RGH Construction $400.00 Bottini Fuel $3,446.00 Pine Bush Equip $43.70 Dan Zag Royal Auto $219.98 Tri Muni Sewer Comm American Red Cross $1,000.00 Victor Fanuele $34.65 Pine Plains Tractor $389.67 Brady's Power Equip $196.29 Perkins $379.80 Bostwick Sales $384.49 Arkel Motors $557.50 CSEA $2,073.78 Village of Fishkilll Lowe's $162.00 Tilcon $175.76 Zee Medical $65.46 Meteorlogix $366.00 Brownell Motors $269.06 Animal Em Clinic of H.V. $355.00 Cablevision $274.65 Aflac Southwest Sand Art $2,100.00 Transcare $32,916.66 WB Mason $64.97 WB Mason $99.99 WB Mason 18.99 Christine Fulton $28.05 Perfect Comfort $2,850.00 Perfect Comfort $8,800.00 Wilson Oil $2,774.89 BAC Properties Kenneth Irving George Dos Santos Totals $20,784.17 $32,916.66 $3,205.98 $9,902.98 $65.49 $690.19 Vendor LH SI SR SV T16 CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson $1,974.78 Poughkeepsie Journal Home Depot Frontier Communication Signal Graphics Signal Graphics Orkin RGH Construction Bottini Fuel Pine Bush Equip Dan Zag Royal Auto Tri Muni Sewer Comm 63,370.43 63,370.42 49,288.11 American Red Cross Victor Fanuele Town of Wappinger Page 19 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 Pine Plains Tractor Brady's Power Equip Perkins Bostwick Sales Arkel Motors CSEA Village of Fishkilll Lowe's Tilcon Zee Medical Meteorlogix Brownell Motors Animal Em Clinic of H.V. Cablevision Aflac Southwest Sand Art Transcare WB Mason WB Mason WB Mason Christine Fulton Perfect Comfort Perfect Comfort Wilson Oil BAC Properties Kenneth Irving George Dos Santos $521.60 Totals 1 $1,974.78 1 $63,370.43 1 $63,370.42 1 $49,288.11 1 $521.60 Vendor T92 WF WU CAMO Pollution $2,000.00 CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Poughkeepsie Journal Home Depot Frontier Communication Signal Graphics Signal Graphics Orkin RGH Construction Bottini Fuel Pine Bush Equip Dan Zag Royal Auto Tri Muni Sewer Comm American Red Cross Victor Fanuele Pine Plains Tractor Brady's Power Equip Perkins Bostwick Sales Arkel Motors CSEA Village of Fishkilll $7,264.45 Lowe's Tilcon Zee Medical Meteorlogix Brownell Motors Animal Em Clinic of H.V. Cablevision Aflac Southwest Sand Art Transcare WB Mason WB Mason WB Mason Town of Wappinger Page 20 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 Christine Fulton Perfect Comfort Perfect Comfort Wilson Oil BAC Properties Kenneth Irving George Dos Santos $274.40 $1,940.60 $3,278.30 Totals 1 $5,493.30 1 $7,264.45 1 $2,000.00 1 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-262 A B CD DB WU CAMO Pollution $25.00 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-263 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 CD DB WU CAMO Pollution $25.00 CAMO Pollution $25.00 Central Hudson $45.25 Joe Ennesser $40.00 Home Depot $363.44 Home Depot $81.22 Home Depot $107.43 Home Depot $401.05 Signal Graphics $37.32 Signal Graphics $644.28 Signal Graphics $153.05 MVP $9,596.82 $2,817.85 $14,620.56 MVP Gold $2,554.30 $255.43 Orkin $128.47 Dan Zag Royal Auto $24.99 Parts EMS Associates $106.25 Hillman Signs $1,500.00 Hillman Signs $810.00 Dorraine Scofield $1,100.00 Ralph Holt $79.75 Aquatic Management $1,290.00 Eileen Manning $52.80 Dutchess County SPCA $175.00 Dutchess County SPCA $175.00 WB Mason $88.16 Compass Tire $29.00 Hudson River Val Tours $820.00 Jim Osbourne Orchestra $800.00 Perfect Comfort $900.00 Perfect Comfort $8,800.00 Wilson Oil $347.33 Blanca McBrien $140.00 Callahan Plumbing $1,368.65 Liz Deehan $43.75 Himanshu Parekh $250.00 Lisa Perantoni $125.00 Town of Wappinger Page 21 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 Totals 1 $29,579.16 1 $3,475.40 1 $2,310.00 1 $14,875.99 1 $681.60 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-263 A B DB HG HN 0 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Poughkeepsie Journal $172.24 ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Signal Graphics Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-264 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 HG HN CAMO Pollution $1,224.00 CAMO Pollution $4,510.00 FedEx $103.56 Poughkeepsie Journal $132.86 Poughkeepsie Journal $172.24 ' Southern Dutchess News $161.78 Southern Dutchess News $118.15 Signal Graphics $279.01 Town of Fishkill Town of Fishkill Zep Sales $1,033.68 Zep Sales $388.15 First Unum Life $253.25 $81.04 $151.95 Carquest $373.03 Freedom Ford $49.82 Aladdin Tent Rental $815.00 Mike Sheehan $20.00 Doug Hirsch $54.00 Perkins $884.08 Hudson River Truck $103.90 Equip Hillman Signs $76.00 Tilcon New York $1,856.25 Perma $8,951.30 $15,217.21 $63,554.23 Wells Fargo Financial $324.90 Snap On Tools $83.45 Interstate Refrig $1,246.00 Recovery All State Winzer Corporation $440.73 Morris Associates $11,155.90 $6,438.00 $5,373.00 Morris Associates $4,871.75 $612.40 $3,834.20 American Lamp Recycle $980.20 American Lamp Recycle $956.88 Kingston Fire Equipment $73.00 Stissing Mnt Saw Mill $900.00 Patrick Moriarty $350.00 Totals $30,691.82 $23,612.51 $78,166.57 $1,224.00 $4,510.00 Vendor SH T14 T92 WH WU CAMO Pollution CAMO Pollution FedEx Poughkeepsie Journal Town of Wappinger Page 22 Printed 8/27/2009 Tnwn Rnard Meeting Minutes August 10, 2009 Poughkeepsie Journal Southern Dutchess News Southern Dutchess News Signal Graphics Town of Fishkill $4,969.61 Town of Fishkill Zep Sales Zep Sales First Unum Life Carquest Freedom Ford Aladdin Tent Rental Mike Sheehan Doug Hirsch Perkins Hudson River Truck Equip Hillman Signs Tilcon New York Perma Wells Fargo Financial Snap On Tools Interstate Refrig Recovery All State $1,007.76 Winzer Corporation Morris Associates Morris Associates American Lamp Recycle American Lamp Recycle Kingston Fire Equipment Stissing Mnt Saw Mill Patrick Moriarty Totals $4,969.61 $1,007.76 $1,772.20 $2,276.70 The foregoing was put to a vote which resulted as follows: 90 $3,573.02 73.02 $1,790.26 $1,547.40 337.66 ✓ Vote Record - Resolution RES -2009-264 A AM B DB LC LD CAMO Pollution Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ El Adopted as Amended William Beale Initiator D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter D ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder D ❑ ❑ El Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-265 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 AM B DB LC LD CAMO Pollution CAMO Pollution Central Hudson $4,097.62 Central Hudson $53.87 Central Hudson $46.05 Central Hudson $375.51 Central Hudson $50.93 Central Hudson $1,664.59 $68.51 $673.76 Signal Graphics $3.42 Al Roberts $12,624.50 $4,522.50 $115.50 Al Roberts $918.00 Al Roberts $2,293.00 Al Roberts $1,749.00 Al Roberts Town of Wappinger Page 23 Printed 812 712 00 9 Town Board Meeting Minutes Al Roberts $33.00 SF SI SM Al Roberts SV $417.00 Al Roberts $9,524.00 $92.50 Carquest CAMO Pollution $17.31 Rosemary Flower Shop $565.00 ABC Awards Signs $25.00 GHI $8,789.12 Central Hudson Tilcon Staples $115.23 Central Hudson $259.70 Dorothy Groak $30.55 Imperial Fire Extinguishers $196.70 S & S Worldwide $1,849.67 S & S Worldwide $504.14 Animal Em Clinic of HV $243.00 Central Hudson $1,585.00 Wells Fargo Financial $325.59 Denise Schirmer $200.00 Transcare $32,916.66 Al Roberts $99.00 Cay Von Reyn $118.11 Dutchess County SPCA $525.00 Al Roberts Frank Gurreri $380.00 Duality $2,167.50 $212.50 <en Lynne $41.69 Al Roberts _akeside Bait Shop $34.00 _akeside Bait Shop $36.45 Al Roberts _akeside Bait Shop $42.76 $1,402.50 Stormwater Management Stormwater Management $1,325.00 'erfect Comfort $1,800.00 loyalty Carpet Cleaning $9,227.92 Al Roberts Steve Schultz $1,000.00 . Just A Buck $82.00 totals $44,599.52 $32,916.66 $14,455.91 August 10, 2009 $35.25 $1,310.00 75 1 $68.51 1 $673.76 Vendor LH SF SI SM SR SV CAMO Pollution $7,899.58 $19,611.25 $9,524.00 $17,793.33 $8,491.67 CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson $1,585.00 Signal Graphics Al Roberts $99.00 $49.50 Al Roberts Al Roberts Al Roberts Al Roberts $1,402.50 Al Roberts Al Roberts Al Roberts Carquest Rosemary Flower Shop ABC Awards Signs GHI Tilcon Staples Dorothy Groak Imperial Fire Extinguishers S & S Worldwide S & S Worldwide Animal Em Clinic of HV Wells Fargo Financial Denise Schirmer Transcare Kay Von Reyn Dutchess County SPCA Frank Gurreri Duality Ken Lynne Lakeside Bait Shop Lakeside Bait Shop Lakeside Bait Shop Stormwater Management Stormwater Management Perfect Comfort Royalty Carpet Cleaning Steve Schultz Town of Wappinger Page 24 Printed 8/27/2009 N� F� Town Board Meeting Minutes August 10, 2009 Just A Buck Totals 1 $1,684.00 1 $7,899.58 1 $19,611.25 1 $9,524.00 1 $17,793.33 $9,943.67 Vendor SW T92 WF WH WT WU CAMO Pollution $13,025.00 Yes/Aye No/Nay Abstain Absent CAMO Pollution Adopted Christopher Colsey $2,203.25 $1,583.33 $2,877.75 $64,579.17 Central Hudson El Adopted as Amended William Beale Initiator Q Central Hudson El ❑ Defeated Vincent Bettina Voter Q Central Hudson ❑ El Tabled Central Hudson El Withdrawn Maureen McCarthy Central Hudson Q ❑ ❑ ❑ Central Hudson Voter Q ❑ ❑ ❑ Signal Graphics Al Roberts $33.00 $33.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $4,191.50 Al Roberts Carquest Rosemary Flower Shop ABC Awards Signs GHI Tilcon Staples Dorothy Groak Imperial Fire Extinguishers S & S Worldwide S & S Worldwide Animal Em Clinic of HV Wells Fargo Financial Denise Schirmer Transcare Kay Von Reyn Dutchess County SPCA Frank Gurreri Duality Ken Lynne Lakeside Bait Shop Lakeside Bait Shop Lakeside Bait Shop Stormwater Management $1,575.00 Stormwater Management Perfect Comfort Royalty Carpet Cleaning Steve Schultz Just A Buck Totals $13,025.00 $5,766.50 1 $2,236.25 $1,583.33 $2,877.75 $64,612.17 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-265 Yes/Aye No/Nay Abstain Absent Q Adopted Christopher Colsey Voter Q 11 ❑ El Adopted as Amended William Beale Initiator Q ❑ El ❑ Defeated Vincent Bettina Voter Q 11 ❑ El Tabled El Withdrawn Maureen McCarthy Seconder Q ❑ ❑ ❑ Joseph Paoloni Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-266 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 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, Torn of Wappinger Page 25 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 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 bilis must be approved by the Town Board; and WHEREAS, New York Town Law § 118(2) permits the Town Board to authorize the payment of Utility Claims in advance of the audit of such claim; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to authorize the payment of Utility Charges in advance of the audit of such claim through Resolution 2008-158; and WHEREAS, the Town Board has found that all the claims as presented through the Abstracts as processed between July 9, 2009 and July 31, 2009 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 reviewed and approved the abstracts as processed between July 9, 2009 and July 31, 2009 as provided to the Town Board in support of this Resolution as follows: 1. Abstract (KVS) as processed on July 9, 2009 with a total of Three Thousand, Five Hundred Eighty -Four Dollars and 66/100 ($3,584.66); 2. Abstract (KVS) as processed on July 14, 2009 with a total of Thirty -Four Thousand, Four Hundred Ninety Dollars and 50/100 ($34,490.50); 3. Abstract (KVS) as processed on July 15, 2009 with a total of Forty -Six Thousand, Four Hundred Dollars and 11/100 ($46,400.11); 4. Abstract (KVS) as processed on July 16, 2009 with a total of Twenty -One Thousand, Two Hundred Forty -Four Dollars and 64/100 ($21,244.64); 5. Abstract (KVS) as processed on July 17, 2009 with a total of One Hundred Six Thousand, One Hundred Seventy -Seven Dollars and 11/100 ($106,177.11); 6. Abstract (KVS) as processed on July 21, 2009 with a total of Twenty -One Thousand, Seven Hundred Seventy Dollars and 69/100 ($21,770.69); 7. Abstract (KVS) as processed on July 22, 2009 with a total of One Hundred Ninety -One Thousand, Sixty -Six Dollars and 50/100 ($191,066.50); 8. Abstract (KVS) as processed on July 23, 2009 with a total of Eleven Thousand, Three Hundred Seventy -One Dollars and 30/100 ($11,371.30); 9. Abstract (KVS) as processed on July 30, 2009 with a total of One Hundred Thousand, One Hundred Fifty -Three Dollars and 54/100 ($100,153.54); and 10. Abstract (KVS) as processed on July 31, 2009 with a total of Thirteen Thousand, Eight Hundred Fifty -One Dollars and 90/100 ($13,851.90). 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 as processed between July 9, 2009 and July 31, 2009. 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 -2009-266 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator D ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder D ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter D ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 10, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 26 Printed 8/27/2009 Town Board Meeting Minutes August 10, 2009 X111. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni The meeting adjourned at 10:24 PM. Gohn C. Masterson Town Clerk Town of Wappinger Page 27 Printed 8/27/2009