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2011-10-24 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting town ofwappinger.us ~ Agenda ~ Christine Fulton 845-297-5771 Monday, October 24, 2011 7:30 PM Town Hall I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Minutes Approval Monday, September 26, 2011 V. Correspondence Log 2011-337. Resolution Authorizing the Acceptance of the Correspondence Log VI. Discussions A. Grinnell Library - Czarniecki B. Building Dept Audit - Paoloni C. Lake Oniad Lot Owners Association VII. Public Hearings Resolution Introducing Local Law No. of 2011, Amending Chapter 230, Vehicles and Traffic, of the Town Code, Prohibiting the Overnight Parking of Heavy Commercial Vehicles on Town Roads in Residential Zoning Districts VIII. Public Portion IX. Tax Certiorari Resolutions 2011-338. Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Porco 2011-339. Resolution Authorizing the Settlement of Tax Certiorari Proceeding Regarding Riverbend at Wappingers Falls, LLC 2011-340. Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Cross Court Associates 2011-341. Resolution Authorizing the Settlement of the Certiorari Proceeding Regarding Forecloser Sales, Inc X. Resolutions 2011-342. Resolution Accepting a Performance Agreement Secured by a Letter of Credit for the Hudson Valley Cerebral Palsy Subdivision 2011-343. Resolution Authorizing Transfer of Funds between Various Budget Lines for Recreation Department 2011-344. Resolution Authorizing Temporary Increase in Part -Time Hours for Justice Court and Transfer of Funds 2011-345. Resolution Authorizing Re -Levy of Unpaid 2011 Water & Sewer Charges XI. Items for Special Consideration XII. New Business XIII. Executive Session A. Advice Regarding Potential Litigation XIV. Town Board Review of Vouchers 2011-346. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-347. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XV. Adjournment Town of Wappinger Page I Printed 1012412011 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Christine Fulton 845-297-5771 Monday, October 24, 2011 7:30 PM Town Hall I. Call to Order LV Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Graham Foster Town of Wappinger Highway Superintendent Present Al Roberts Town of Wappinger Town Attorney Present Bob Grey Town of Wappinger Town Engineer Present David Stolman Town of Wappinger Town Planner Present Salute to the Flag Adoption of Agenda Motion To: add a budget discussion after the Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Minutes Approval Monday, September 26, 2011 Vote Record - Acceptance of Minutes for September 26,20117:30 PM ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Yes/Aye No/Nay Abstain Absent 0 Accepted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ Seconder Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Ismay Czamiecki Joseph Paoloni Voter 0 ❑ ❑ ❑ Motion To: add the minutes taken by the Supervisor to the record and the audio file RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Correspondence Log RESOLUTION: 2011-337 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was nut to a vote which resulted as fellows - Vote Record - Resolution RES -2011-337 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ 13❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Town of Wappinger Page I Printed 11/23/2011 Regular Meeting Minutes October 24, 2011 Dated: Wappingers Falls, New York October 24, 2011 The Resolution is hereby duly declared adopted. A. Discussions A. Grinnell Library - Czarnecki Councilwoman Czarniecki introduced Jessica Gonzalez, Director of Grinnell Library. She presented her information on the funding of the library. B. Lake Oniad Lot Owners Association Supervisor Gutzler introduced Walt McGowan, president of the Lake Oniad Home owners Association. He explained that the Association received a Benefit Tax bill for the lake. He filed the proper paper work and was told that 60 days after September a decision would be made. He asked the board for relief from the 2012 Benefit Tax assessment. Christian Harkins, Town Assessor, stated that the board was charged with establishing the methodology for determining benefit assessments and he was charged with applying it. He doesn't have the power to deviate form that formula. Supervisor Gutzler deferred to Al Roberts, Town Attorney, who explained the provision in the Town Code. Discussion continued. Motion To: provide the necessary relief for the Lake Oniad Lot Owner Association that would elevate burden of the lake being taxed in the same capacity as vacant land. RESULT: WITHDRAWN [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni C. Building Dept Audit - Paoloni Councilman Paoloni stated that a report was produced by the Department of State for the Building Department Audit. Bob Smith, formerly from the NY State Department of State Division of Code Enforcement and Administration, and Sal Morello, the building inspector were asked to address this issue. Mr. Smith explained that he has recently retired from the Department of State. His reason for coming was that the final draft of the report was not over seen by him, it was over seen by his Supervisor and by the division head. He added that the final report that the board has, left out important factual information that he uncovered while doing the report. He continued to explain that the report did not include the specific findings because it is a summary and not an Over Site. He feels that there were serious problems that needed to be addressed. The building department needs the backing of the board in order to address the problems. He continued to explain the problems and deficiencies that he stated needed to be addressed by the board. He added that when hiring Building Inspectors it is important to hire someone unbiased and someone that can render a decision in accordance with a code and not with accordance to the relationship with someone else in the municipality. Councilman Paoloni asked how to address deficiencies that are not stated in the report. Mr. Smith stated that deficiencies are spoken about in every paragraph and that he brought it to the attention of the building department. Councilman Paoloni questioned if the violations where on record and where a copy can be obtained. Mr. Smith noted that they were in his draft but he was not able to obtain it. Al Roberts, Town Attorney, stated that the final document would be FOIL able but there isn't any reason the other can't be requested. Councilman Paoloni added that if the Town is responsible, it's good that town knows about them as soon as possible so they can be addressed. Councilman Beale questioned why the specific issues where not in the report. Mr. Smith suggested contacting the Director of the Division and the Supervisor. Discussion continued. Town of Wappinger Page 2 Printed 11/23/2011 e Regular Meeting Minutes October 24, 2011 VII. Public Hearings Amending Chapter 230, Vehicles and Traffic, of the Town Code, Prohibiting the Overnight Parking of Heavy Commercial Vehicles on Town Roads in Residential Zoning Districts RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Motion To: open the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Public Comments The first resident to speak was Mary Schmalz she questioned in what neighborhoods were the commercial trucks being parked. Councilman Bettina explained where it was happening. The next resident to speak was Gary Lindstrom. He inquired about the weight of the vehicles. David Stolman, Town Planner, explained the Law and the procedures for filing the Local Law. Motion To: close the public hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni VIII. Public Portion Motion To: open the floor for public comment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Public Comment Mary Schmaltz was the first resident to speak. She asked for an explanation of a voucher that was approved at the last meeting. Steve Frasier explained that it was for a 16 foot mower that is used to maintain the parks and has reduced time. Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni IX. Tax Certiorari Resolutions RESOLUTION: 2011-338 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Porco WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2010 and 2011 by Stanley Porco and Bianca Porco, regarding Grid No. 6158-02-730610-0000, seeking a reduction in the 2010 and 2011 tax assessment for those respective tax rolls; and Town of Wappinger Page 3 Printed 11/23/2011 Regular Meeting Minutes October 24, 2011 WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 2010 and 2011, as it pertains to Grid No.: 6158-02-730610-0000, as follows: Tax Year Original Total Assessment Revised Total Assessment Reduction 2010 $758,100 $615,000 $143,100 2011 $758,100 $615,000 $143,100 BE IT FURTHER RESOLVED, that the allocation of the assessment reduction as more particularly described as follows: 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 -2011-338 0 Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ 1:1 Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 24, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-339 Resolution Authorizing the Settlement of Tax Certiorari Proceeding Regarding Riverbend at Wappingers Falls, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2010 by Riverbend at Wappinger Falls, LLC, regarding premises located at Marshall Road, Grid # 6158-19-721014, seeking a reduction in the 2010 tax assessment for the 2010/2011 assessment; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petition requesting a reduction in said tax roll reduction; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of 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 2010/2011, as it pertains to Grid No.: 6158-19-721014. Original Reduction in Final Tax Year 2010/2011 Assessment 16,000,000 Assessment W Assessment 16,000,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger hereby authorize 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 -2011-339 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Town of Wappinger Page 4 Printed 1112312011 Regular Meeting Minutes October 24, 2011 Dated: Wappingers Falls, New York October 24, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-340 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Cross Court Associates WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2007 and 2008 by Cross Court Associates, regarding Grid No. 6158- 01-081999, seeking a reduction in the 2007 and 2008 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 2007 and 2008, as it pertains to Grid No. 6158-01-081999, as follows: BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record- Resolution RES -2011-340 Tax Year Original Total Assessment Revised Total Assessment Reduction $280,000 2007 $4,600,000 $3,460,000 $1,140,000 Yes/Aye 2008 $4,600,000 $3,260,000 $1,340,000 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 -2011-340 Original Total Assessment Revised Total Assessment Reduction 2009 $280,000 $250,000 $30,000 2010 $280,000 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 2 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 24, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-341 Resolution Authorizing the Settlement of the Certiorari Proceeding Regarding Forecloser Sales, Inc WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2009, 2010 and 2011 by Foreclosure Sales, Inc., regarding Grid No. 6158-15-517273-0000, seeking a reduction in the 2009 through 2011 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding; NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 2009 through 2011, as it pertains to Grid No.: 6158-15-517273-0000, as follows: Tax Year Original Total Assessment Revised Total Assessment Reduction 2009 $280,000 $250,000 $30,000 2010 $280,000 $250,000 $30,000 2011 $280,000 $240,000 $40,000 Town of Wappinger Page 5 Printed 11/23/2011 Regular Meeting Minutes October 24, 2011 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 -2011-341 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ 0 El Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 24, 2011 X. Resolutions The Resolution is hereby duly declared adopted. RESOLUTION: 2011-342 Resolution Accepting a Performance Agreement Secured by a Letter of Credit for the Hudson Valley Cerebral Palsy Subdivision WHEREAS, the Town of Wappinger Planning Board received an application from the Hudson Valley Cerebral Palsy Association (HVCPA) on behalf of Masonic War Veterans of New York, Post No. 53 (MWV) for a subdivision of lands more particularly described in a Subdivision Map entitled "Subdivision Plat Prepared for Hudson Valley Cerebral Palsy " prepared by Chazen Engineering, Land Surveying & Landscape Architecture Co., P.C. dated November 9, 2009, and last revised May 3, 2011; and WHEREAS, Hudson Valley Cerebral Palsy also sought Site Development Plan and Wetlands Permit Approvals and an Amended Site Development Plan Approval for the Masonic War Veterans of New York, Post No. 53, in conjunction with Subdivision Plat Approval; and WHEREAS, the Town of Wappinger Planning Board granted Preliminary and Final Subdivision Plat Approval, Site Development Plan and Wetlands Permit Approvals and Amended Site Development Plan Approval for the Masonic War Veterans of New York by Resolutions dated February 7, 2011, subject to and conditioned upon completion of the conditions and construction of the improvements set forth in the aforementioned Resolutions, and as noted on the Subdivision Map and related Contract drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town, and further subject to the requirements set forth in the letter of Morris Associates Engineering Consultants, PLLC, Engineer to the Town, dated February 4, 2011; and WHEREAS, Town Law §277 requires that before any building permits may be issued in an newly created subdivision that the construction, installation and dedication of the improvements required by the Resolution of Subdivision Approval be completed, or, in the alternative, that a Performance Agreement guaranteed by sufficient security be posted with the Town to guaranty the completion of the aforementioned improvements; and WHEREAS, Robert J. Gray, P.E., Engineer to the Town has determined that the estimated security for the initial construction is $41,600.00; and WHEREAS, to secure the obligation to guarantee the construction, installation and dedication of the required public improvements and obligations, Howard Yager, Executive Director of United Cerebral Palsy Association of Putnam and Southern Dutchess Counties, Inc. and its subsidiary, Dutchess Community Living Corporation has executed a Performance Agreement on September 8, 2011 secured by a Letter of Credit in the total sum of Forty One i Thousand, Six Hundred Dollars ($41,600.00) issued by T.D. Bank, N.A. bearing number 20004849 in favor of the Town of Wappinger as security for the obligations set forth in the Performance Agreement; and WHEREAS, United Cerebral Palsy Association of Putnam and Southern Dutchess Counties, Inc. and its subsidiary, Dutchess Community Living Corporation hereby agree to make, construct and complete the improvements and agrees to perform all of the obligations set forth in the Resolutions of Approval, Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town, and further subject to the requirements set forth in the letter of Morris Associates Engineering Consultants, PLLC, Engineer to the Town, dated February 4, 2011; and WHEREAS, upon construction and completion of the required improvements and Town of Wappinger Page 6 Printed 1112312011 Regular Meeting Minutes October 24, 2011 obligations set forth above and upon request of the Town, the undersigned will dedicate same to the Town of Wappinger, free and clear of any liens or obligations as set forth in the local laws, ordinances, rules and regulations of the Town of Wappinger; and WHEREAS, Albert P. Roberts, Attorney to the Town, has approved the form of the aforementioned Performance Agreement and Letter of Credit. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger to accept the Performance Agreement secured by a Letter of Credit in the amount of Forty One Thousand Six Hundred Dollars ($41,600.00) securing the obligations of United Cerebral Palsy Association of Putnam and Southern Dutchess Counties, Inc. and its subsidiary, Dutchess Community Living Corporation, to guarantee the construction, installation and dedication of the required public improvements with respect to the Hudson Valley Cerebral Palsy Subdivision. 3. The Town Board hereby accepts the Performance Agreement secured by a Letter of Credit which Letter of Credit has been issued by T.D. Bank, N.A. bearing number 20004849 in the sum of Forty One Thousand Six Hundred Dollars ($41,600.00) in favor of the Town of Wappinger as security for the faithful performance of the obligations secured by and set forth in the Performance Agreement. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-342 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ 13 ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 24, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-343 Resolution Authorizing Transfer of Funds between Various Budget Lines for Recreation Department WHEREAS, Mark Price, Recreation Director, by memo dated October 7, 2011, a copy of which is affixed hereto, requested the transfer of funds between various line items to cover various shortfalls within the Recreation Department's budget line items. 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 the following budget line transfers: Amount From Line To Line $346.50 A.7140.0101 Tennis Director A7140.0102 Tennis Attendant Explanation: Balance on Tennis Director Line to cover shortfall on Tennis Attendant line, program completed. $410.70 A.7140.0115 Fishing Program A.7620.0104 Specially Per. Explanation: Balance on Fishing Program line to cover payroll for Art Instructor until year end. $142.50 A.7140.0115 Fishing Program A.7620.0104 Exercise WED Explanation: Balance on Fishing Program line to cover payroll for Fitness Instructor until year end. $187.50 A.7140.0115 Fishing Program A.7620.0105 Exercise Thursday Explanation: Balance on Fishing Program line to cover payroll for Fitness Instructor until year end. $40.00 A.7140.0115 Fishing Program A.7620.0109 Tai Chi Explanation: Balance on Fishing Program line to cover shortfalls on Tai Chi, program completed. $22.50 A.7140.0115 Fishing Program A.7620.0110 Yoga Inst. Explanation: Balance on Fishing Program line to cover shortfall on Yoga Inst. Line, program completed. Town of Wappinger Page 7 Printed 1112312011 Regular Meeting Minutes October 24, 2011 $20.00 A.7140.0115 Fishing Program A.7620.0111 Advanced Tai Chi Explanation: Balance on Fishing Program line to cover shortfall on Tai Chi, program completed. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-343 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ p ❑ Defeated William Beale Seconder 0 0 0 0 0 Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ 0 ❑ Next: Nov 14, 20117:30 PM Joseph Paoloni Voter 0 0 0 Dated: Wappingers Falls, New York October 24, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-344 Resolution Authorizing Temporary Increase in Part -Time Hours for Justice Court and Transfer of Funds WHEREAS, by letter dated October 12, 2011, Heather L. Kitchen and Carl S. Wolfson, Town Justices, have requested that two part-time Justice Court Clerks be permitted to work additional hours in order to process vehicle and traffic violations; and WHEREAS, Judge Kitchen and Judge Wolfson specifically request that Gina Renzo work an additional 3.5 hours per week for a period of approximately 8 weeks and Jennifer Propfe work an additional 10 hours per week for the next 16 weeks: WHEREAS, it is necessary for Jennifer Propfe to work an extended period of time due to Gina Renzo's projected maternity leave going into effect sometime in December; and WHEREAS, in order to cover the cost of these additional work hours, funds will have to be transferred between various budget lines. 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 Gina Renzo to work an additional 3.5 hours per week for approximately 8 weeks and Jennifer Propfe to work an additional 10 hours per week for an additional 16 weeks. 3. The Town Board further authorizes the following funds to be transferred to cover the cost of the requested additional hours: From Budget Line 1110.110-A 1110.110-A To Bud et Line 1110.109-A 1110.104-A The foregoing was put to a vote which resulted as follows: Amount $2,072.00 $ 362.60 Vote Record - Resolution RES -2011-344 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Initiator 0 ❑ ❑ 0 ❑ Tabled Vincent Bettina Voter ❑ 11 ❑ 0 ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ Dated: Wappingers Falls, New York October 24, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-345 Resolution Authorizing Re -Levy of Unpaid 2011 Water & Sewer Charges WHEREAS, the last day for payments to be made at Town Hall for unpaid water/sewer accounts is November 14, 2011. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Town of Wappinger Page 8 Printed 11/23/2011 Regular Meeting Minutes October 24, 2011 XI. 2. Debbie Brown, Water/Sewer Billing Clerk to the Town of Wappinger is hereby authorized to forward all unpaid water/sewer accounts to the Dutchess County Department of Real Property Tax on or before November 16, 2011, to be re - levied upon the 2012 County Land Tax bills. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-345 Yes/Aye No/Nay .Abstain Absent 0 Adopted Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 2 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Ismay Czarniecki Initiator Rl ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 24, 2011 The Resolution is hereby duly declared adopted. Items for Special Consideration A. Supervisor Gutzler Supervisor Gutzler acknowledged Mr. Porco and asked if he needed to be on the agenda. Mr. Porco explained that they had submitted a rezone application for the addition property adjacent to Ville Borghese. He asked the board to ask the consultant to look at the information submitted. Councilman Beale had no objection to the professionals speaking to Mr. Porco. Supervisor Gutzler made motion. Motion To: authorize the professionals to meet with the 1 RESULT: ADOPTED [UNANIMOUS] , towj MOVER: Barbara Gutzler, Supervisor SECONDER: Joseph Paoloni, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni B. Councilwoman Czarniecki Councilwoman Czarniecki explained the situation pertaining to a resident and a building permit fee. She asked the board to consider waiving the fee because of hardship. Councilman Beale requested more information before he could act. Discussion continued. XII. New Business A. Councilman Beale Councilman Beale brought to the attention that the Adams Fairacre Farms address is confusing. Dutchess County 911 is discussing changing it to a Route 9 address. B. Councilman Bettina Councilman Bettina thanked Supervisor Gutzler for coming to the Town Hall to open it up for the Board of Election. Supervisor Gutzler added that there was a misunderstanding as to whether or not they were granted permission to use the room. But she was able to open the room and the court officer was there to close it. XIII. Executive Session A. Advice Regarding Potential Litigation Motion To: go into Executive Session Town of Wappinger Page 9 Printed 1112JI2011 Regular Meeting Minutes October 24, 2011 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman 1 AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni XIV. Budget Discussion Motion To: amend the budget RESULT: ADOPTED [3 TO 1] MOVER: William Beale, Councilman SECONDER: Barbara Gutzler, Supervisor AYES: Barbara Gutzler, William Beale, Ismay Czarniecki NAYS: Vincent Bettina ABSTAIN: Joseph Paoloni Motion To: accept the amendments as the preliminary budget RESULT: ADOPTED [3 TO 21 MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Ismay Czarniecki NAYS: Vincent Bettina, Joseph Paoloni Motion To: set a public hearing on the Preliminary Budget RESULT: ADOPTED [4 TO 11 MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Ismay Czarniecki NAYS: Joseph Paoloni XV. Town Board Review of Vouchers RESOLUTION: 2011-346 Resolution Authorizing 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: Claim Packet: 2011- BBB Vendor A B DB HFT (General (General (Highway) (Fuel Townwide) PartTown) Tanks) CAMO Pollution $600.00 CAMO Pollution $520.00 Central Hudson $162.13 Central Hudson $73.08 Montfort Brothers $248.90 NyComCo $427.00 $1,416.00 Town of Wappinger Page 10 Printed 11/23/2011 11 Regular Meeting Minutes October 24, 2011 $33.00 1$33.00 $148.50 $297.00 Town of Wappinger Page 11 Printed 11/23/2011 Poughkeepsie JmI $90.51 Frontier $22.59 Signal Graphics $52.02 James Baisley $725.00 Corbin Excavating $594.00 Al Roberts $6,699.00 $3,930.50 $66.00 $676.50 Al Roberts Al Roberts Al Roberts $49.50 Al Roberts $924.00 t"'" Al Roberts $1,501.50 Al Roberts $2,545.16 Al Roberts $99.00 Pine Plains Tractor $39.20 Bostwick Sales $15.00 Enviro Clean $2,750.00 Tilcon $2,962.76 Staples $41.96 Staples $29.78 Reserve Account $4,500.00 Wells Fargo $293.03 Aflac Public Entity Trust $339.74 $577.56 $2,412.16 WB Mason $67.98 Duality $3,187.50 Big Top Portables $409.50 Big Top Portables $312.50 $195.50 Stormwater Mgmnt $400.00 16W Stormwater Mgmnt Stormwater Mgmnt Crown Trophy $240.22 Great America $580.50 Leasing Sarjo Industries $2.32 Paul Rooney $25.00 Totals $21,770.48 $9,880.78 $8,476.84 $676.50 HGEE (Carp Elec) HNC SU T16 T33 (Cider Mill (Wapp (Aflac) (Parkland) Loop) United) $33.00 1$33.00 $148.50 $297.00 Town of Wappinger Page 11 Printed 11/23/2011 Regular Meeting Minutes $291.30 $33.00 1$148.50 1$297.00 1 $291.30 $33.00 T92 (Escrows) T96 (Escrows) WU (Wapp United) $660.00 $4,933.50 $146.51 October 24, 2011 1 uwa uj rvappinger Page 12 Printed 11/23/2011 ■ Regular Meeting $67.95 $75.00 $275.00 Minutes $5,283.50 1 $146.51 $727.95 $47,765.36 Pay Board Hold $600.00 $520.00 $162.13 $73.08 $22.59 $4,500.00 $293.03 $291.30 $3,397.41 $248.90 $1,843.00 $90.51 $52.02 $725.00 $594.00 $11,438.00 $808.50 $297.00 $49.50 $924.00 $1,501.50 $2,545.16 $5,179.01 $39.20 $15.00 $2,750.00 $2,962.76 $41.96 $29.78 $67.98 $3,187.50 $409.50 $508.00 October 24, 2011 Town of Wappinger Page 13 Printed 11123/2011 Regular Meeting $400.00 $75.00 $275.00 $240.22 $580.50 $2.32 $25.00 $9,320.04 $38,445.32 Minutes October 24. 2011 I, Christine Fulton, Deputy Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of October 24, 2011, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-346 A (General Townwide) B (General PartTown) DB (Highway) SH (Watch Hill) CAMO Pollution 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 0 ❑ 0 ❑ Defeated William Beale Initiator 0 0 ❑ 11 ❑ Tabled Vincent Bettina Seconder 0 0 11 0 ❑ Withdrawn Ismay Czarniecki Voter a ❑ ❑ 0 Joseph Paoloni Voter 0 0 0 0 Dated: Wappingers Falls, New York October 24, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-347 Resolution Authorizing 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: Claim Packet: 2011- DDD Vendor A (General Townwide) B (General PartTown) DB (Highway) SH (Watch Hill) CAMO Pollution Central Hudson $482.36 Empire $2,908.23 $382.19 $7,967.83 Poughkeepsie Jrnl $58.85 Town of Fishkill $4,724.66 Town of Fishkill Mid Hudson Fasteners $480.14 James Baisley $430.00 MVP $22,728.80 $5,010.11 $16,374.50 MVP Gold $2,842.10 NYS Unemployment $5,403.13 $0.02 Carquest $64.15 Matt Meybohm $60.00 Coffee System of the $104.72 HV Rosemary's Flwr Shop Town of Wappinger Page 14 Printed 11123/2011 NJ Regular Meeting Minutes October 24, 2011 0 0 Chambers Tractor T14 (All State) T33 (Parkland) $452.03 WH (Watch Hill) Sales $3,118.17 Arkel Motors $44.17 DC Comm of Finance $301.21 $7,264.45 NYSBOC $809.28 $25.00 Tech Air $35.00 Village of Fishkill Justice Court $18,010.25 Cablevision $284.65 William Hockler $400.00 William Hockler $180.50 Poland Springs $194.81 R. Dee's Auto Tops $325.00 All State Hannaford's $37.32 Extreme Glow $104.00 Tri County NYSBOC $30.00 S & P Architects Totals $52,919.22 $5,541.17 $27,260.68 $4,724.66 T911 (911 Memorial) T14 (All State) T33 (Parkland) WF (Fleetwood) WH (Watch Hill) $3,118.17 $255.00 $7,264.45 $809.28 $2,250.00 Town of Wappinger Page 15 Printed 11/l1/LU/[ Regular Meeting Minutes October 24, 2011 $255.00 $809.28 $2,250.00 1 $7,264.45 $3,118.17 WU (Wapp United) $9,552.88 Pay $482.36 $11,258.25 $4,724.66 $3,118.17 $44,113.41 $2,842.10 $5,403.15 $7,264.45 $18,010.25 $284.65 $809.28 $9,552.8 1$113,695.511 1 $98,310.73 Board Hold Prev. Paid $9,552.88 $58.85 $480.14 $430.00 $64.15 $60.00 $104.72 sown oj wappinger Page 16 Printed 11/23/2011 Regular Meeting Minutes October 24, 2011 $255.00 $452.03 $44.17 $301.21 $25.00 $35.00 $400.00 $180.50 $194.81 $325.00 $37.32 $104.00 $30.00 $2,250.00 $15,083.57 $0.00 $301.21 I, Christine Fulton, Deputy Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of October 24, 2011, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-342 Yes/Aye No/Nay Abstain Absent D Adopted Barbara Gutzler Voter 4 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 4 ❑ ❑ _ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 24, 2011 The Resolution is hereby duly declared adopted. XVI. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Christine Fulton Deputy Town Clerk Town of Wappinger Page 17 Printed 1112-11ZU1 t