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2009-02-09 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappingerms Agenda — Chris Masterson 845-297-5771 Monday, February 9, 2009 7:00 PM Town Hall 7:00 PM Meeting called to order on February 9, 2009 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order I1. Salute to the Flag 111. Adoption of Agenda IV. Public Portion V. Minutes Approval Monday, January 26, 2009 VL Correspondence Log 2009-60. Resolution Authorizing the Acceptance of the Correspondence Log VII. Discussions A. Ability First to Present Town Board with Plaque - Colsey B. Granger/Smithtown Drainage Update - Colsey/Foster C. Master Plan Update - Colsey/Stolman D. Residential Sewer Pumps - Colsey VIII. Resolutions 2009-61. Resolution Authorizing the Clerk within the Code Enforcement Department to Attend a Training Seminar 2009-62. Resolution Authorizing the Town Supervisor to Execute a Contract with MVP Health Plan for Insurance Health Plan for Health Insurance Benefits for 2009 2009-63. Resolution Authorizing the Recreation Department to Utilize Carnwath Farms for Recreational and Sporting Displays in Connection with the Hudson -Fulton -Champlain Quadricentennial Celebration 2009-64. Resolution Appointing a Temporary Meter Reader to the Town of Wappinger Sewer/Water Department 2009-65. Resolution Authorizing the Town Supervisor to Develop a Revised Fee Schedule Document from All Town Departments 2009-66. Resolution Establishing a Safety Committee and Regular Inspections of Town Owned Facilities and Properties 2009-67. Resolution Authorizing the Endorsement of a Senior Citizens Race Sponsored by the Knights of Columbus 2009-68. Resolution Authorizing the Town Supervisor to Solicit Bids for the Replacement of the Heating and Ventilation System within the Town of Wappinger Justice Court 2009-69. Resolution Authorizing the Town Supervisor to Develop Revised Specifications and Solicit Quotations for Updated Telephone Equipment or Service for the Town Hall 2009-70. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-71. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-72. Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to the Highway Department 2009-73. Resolution Confirming the Appointment of a Recreation Director to the Town of Wappinger 2009-74. Resolution Authorizing Attendance at a Tri -County NYSBOC Training Conference 2009-75. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2008 and 2009 2009-76. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-77. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-78. Resolution Authorizing Temporary Storage to the Roy C. Ketcham Interact Club for the Purpose of a Charity Collection Drive Town o/Wappinger• Page l Primed 2512009 Town Board Meeting Agenda February 9, 2009 2009-79. Resolution Making Amendment to Authorization for New York State Association of Towns Conference 2009-80. Resolution Authorizing the Town Supervisor to Contract with the Poughkeepsie Dutchess Empire Zone for 2009 2009-81. Resolution Authorizing the Release of Letter of Credit, Checks for Recreation Fees and Escrow Deposits Posted in Connection with the Cranberry Hills Subdivision Motion To: amend Resolution 2009-82 2009-82. Resolution Authorizing Refund of Unused Escrow for Baisley Site Plan (Account 03-3075) 2009-83. Resolution Authorizing Refund of Unused Escrow for Baisley & Van Benschoten Subdivision (Account 03-5076) Motion To: amend Resolution 2009-84 2009-84. Resolution Authorizing Refund of Unused Escrow for Contrail, LLC Amended Site Plan (Account 03-3079) Later Known as A&B Restaurant Equipment - 182 Old Route 9 (Contrail, LLC) Amended Site Plan (Account 07-3138) 2009-85. Resolution Authorizing Refund of Unused Escrow for Meadowood Investors, LLC (Account 8660) Motion To: amend Resolution 2009-86 2009-86. Resolution Authorizing Refund of Unused Escrow for Sauter & Perrone Lot Line Realignment (Account 08-5140) Motion To: amend Resolution 2009-87 2009-87. Resolution Authorizing Refund of Unused Escrow for Van Benschoten Site Plan (Account 03-3076) IX. Special Consideration X. Executive Session A. Absolute Properties - Advice from Attorney on Pending Litigation XI. Adjournment Town of Wappinger Page 2 Printed 2/5/2009 IN Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Town Board Meeting townfwappingerms Minutes ~ Chris Masterson 845-297-5771 Monday, February 9, 2009 7:00 PM Town Hall I. Call to Order Supervisor Christopher Colsey called the meeting to order at 7:05 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 Absent Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present bob Gray Town of Wappinger Engineer to the Town Present Graham Foster Town of Wappinger Highway Superintendent Present David Stolman Town of Wappinger Town Planner Present Supervisor Colsey Statement Supervisor Colsey noted for the record that Councilwoman McCarthy would be late or not present because her husband is in the hospital. II. Salute to the Flag III. Adoption of Agenda Changes to the Agenda Supervisor Colsey asked the Board to consider tabling, to the end of the Meeting, Resolutions 2009-70,71,76 and 77, because they represent the bills that the Board looks at after each Meeting. Councilman Paoloni asked that a discussion about stop signs on Pye Lane be added to the Agenda as well. Supervisor Colsey agreed. Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy IV. Public Portion Motion To: suspend the Rules for public comment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman • SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Public Comments on the Agenda items The first resident to speak was Gary Lindstrom. He asked to speak in favor of the Town pursuing senior housing. He recommended having a selection of different types of affordable houses for seniors to choose from. Supervisor Colsey noted that the Board would be going over the next steps in the Comprehensive Plan tonight. He would ask the Town Planner, David Town o/Wappinger Page I Printed 2/19/2009 Town Board Meeting Minutes February 9, 2009 Stolman, to address this topic during that discussion. Discussion followed. Mary Schmalz was next to speak. She asked about Resolution 2009-78. She wanted to know where the storage space would be. Supervisor Colsey explained that it would be about the size of a standard folding table and that it would be for the storage of boxes of books. Supervisor Colsey asked if there were other comments. There were none. Motion To: Reinstate the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy V. Minutes Approval Monday, January 26, 2009 ✓ Vote Record - Acceptance of Minutes for January 26 2009 7:00 PM Yes/Aye No/Nay Abstain Absent 0 Accepted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ VI. Correspondence Log RESOLUTION: 2009-60 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. t The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-60 Yes/Aye No/Nay Abstain Absent 0 Adopted Defeat 11Christopher Colsey Voter 0 ❑ ❑ ❑ El Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. VII. Discussions A. Ability First to Present Town Board with Plaque - Colsey Supervisor Colsey opened the discussion at 7:14 PM. John Thorman, Executive Director of Abilities First, Inc., was in attendance to present the Town with a plaque. Mr. Thurman explained how helpful the Town had been with helping his organization get settled into its current location. He read the inscription on the plaque and presented it to the Supervisor. Supervisor Colsey closed the discussion at 7:17 PM. B. Granger/Smithtown Drainage Update - Colsey/Foster Supervisor Colsey opened the discussion at 7:17 PM. Bob Gray, Engineer to the Town, distributed maps and pictures in order to give the Board an update on the situation at Granger Place. After describing the current condition of the pipes, he explained the work that needs to be done. He is estimating that it would cost $225,000 to do the work. Councilman Beale asked how much it would cost to pull the pipes out of the ground and drop new ones in. Mr. Gray answered that it would cost at least double that. Mr. Gray continued with a discussion about the Smithtown Road drainage issue. There Town of Wappinger Page 2 Printed 2/19/2009 TnXAin Rnarri Meetine Minutes February 9, 2009 are two options to fix this problem. Mr. Gray explained both. He recommends exploring the possibility of acquiring an easement and cleaning up the area. Discussion followed. Supervisor Colsey closed the discussion at 7:31 PM. C. Master Plan Update - Colsey/Stolman Supervisor Colsey opened the discussion at 7:31 PM. David Stolman, Town Planner, gave an update on the Master Plan. He is currently working on the Supplemental Draft Generic Environmental Impact Statement. A DGEIS was prepared and Public Hearings were held during summer of 2007. In September of 2007, a FGEIS was prepared. He is hoping to have the Supplemental DGEIS done in about two weeks. After that, Public Hearings will need to be scheduled on the Supplemental DGEIS and the Draft Comprehensive Plan. Councilman Beale questioned if, in the Comprehensive Plan, there was anything specific to seniors zoning or senior housing. Mr. Stolman responded that, at this point; there was not. He went on to say that there are overlay zones. That means that the underlay zoning or basic zoning stays in place. There are additional uses that are added by the Town Board, by legislation, on top of those existing underlying uses. Discussion followed. Councilman Beale noted that the Draft Comprehensive Plan is available on the Town website. He encouraged the Town residents to make comments on the Draft. Councilman Paoloni pointed out that this not only affects those that are trying to move into a house in Wappinger, but those that already live here as well. His concern is whether the current residents will be able to afford the continually rising taxes, while not having the ability to earn, when they reach senior citizen status. Younger people that move in will be able to make the salaries matching the cost of living, but the seniors will be on fixed income. Councilman Beale asked for a target date. He also wanted to know when the Board could lift the Moratorium. Mr. Stolman replied that he will update the schedule and get it back to the Board within a week. Supervisor Colsey closed the discussion at 7:42 PM. D. Residential Sewer Pumps - Colsey Supervisor Colsey opened the discussion at 7:42 PM and gave a brief update about the resident's request for the Town to provide residential sewer pumps. He then gave his opinion that this would be an improper thing to do. His position is that the Town shouldn't have done it in the past, and should not be doing it now. Councilman Bettina stated that he understood the position that the Town should not maintain the pumps and that it could cause problems down the road. Councilman Beale stated that he does not like when residents are misled. His position is that the Town should keep its promise. Discussion followed. Catherine Lombardo, pointed out that the Town has already supplied the pump to someone else on the street. Now other residents are asking that the Town give them the same. The resident explained how that other resident got a pump and how she was told that she would receive a pump from the Town when she was ready to connect. She clarified that she only wants what someone else has. Gene Conti addressed the Board next. He stated that the previous Town Engineer told him that he would need a lift pump and that the Town would supply it. Supervisor Colsey noted that it was done improperly and without authority. Discussion followed. Mrs. Lombardo asked for clarification of what the Town's issue with this request was. Supervisor Colsey stated that the Board could not use public money forprivate use. He went on to say that the Town would have to take and maintain that portion of the residents land; it would essentially become Town property. Al Roberts, Town Attorney, stated that lie was not involved in the past. He has done the research and his legal opinion is that it is illegal to do unless the Town obtains an easement and maintains it, because public money, would be used for private property. Joe Incoronato stated that, if something is fundamentally wrong, and the attorney has gone on record saying that it is illegal, the Town shouldn't perpetuate something that is incorrect. This obligates the Town tax payer to continue this when any tax payer comes along and requests to have a pump installed their basement. He objects to that notion and agrees with the Attorney that it should be stopped. Councilman Beale pointed out that, as Town Board Members, they have to go along with what the Town Attorney advises, but these situations can not continue. The Board was polled for their opinion. After each Board Member made brief statements, Supervisor Colsey announced that the consensus is that the Town will not be providing these residents with the pumps. The discussion was then closed at 7:56 PM. E. Stop Signs - Paoloni Supervisor Colsey opened the discussion at 7:57 PM. Councilman Paoloni noted that there has been requests for stop signs on Pye Lane, at the Deer Run intersection. Another pedestrian has been struck down at that location and stop signs are being requested again. He Town o/ Wappinger Page 3 Printer) 2/19/2009 Town Board Meeting Minutes February 9, 2009 asked Graham Foster, Highway Superintendent, for his opinion. Mr. Foster recommended against the stop signs being used to control speed. He went on to say that he gives a negative recommendation each time it comes up, but the Board does it anyway. Councilman Paoloni commented that the issue is not speed. The point would be to give pedestrians time to get out of the way. Mr. Foster replied that the resident wasn't struck within 1500 feet of this intersection. He doesn't see how one thing relates to the other. He also commented on the other accident that happened in that area. He pointed out that a kid was hit on a bicycle because lie came out onto Pye Lane from Little Road and didn't stop. Councilman Paoloni asked what the good reasons for a stop sign would be. Mr. Foster replies: that he would put stop signs on feeder roads. Discussion followed. Councilman Paoloni made a motion to begin the process of putting a three-way stop sign at Deer Run and on Pye Lane, going both directions, east and west. The motion was seconded. by Councilman Beale and passed unanimously. Discussion followed. Supervisor Colsey closed the discussion at 8:04 PM. Motion To: begin the process of putting a 3 way stop sign at Pye Lane and Deer Run RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Joseph Paoloni ABSENT: Vincent Bettina, Maureen McCarthy /III. Resolutions RESOLUTION: 2009-61 Resolution Authorizing the Clerk within the Code Enforcement Department to Attend a Training Seminar WHEREAS, a written request seeking authorization for attendance at a training program has been submitted by the employee on February 2, 2009, for attendance at a two hour program, as hosted by the Mid Hudson Valley Chapter of NYS BOC, on February 11, 2009; and, WHEREAS, the program is related to the revised NYS Workers Compensation reporting standards for all applicants processing a Building Permit application within New York State municipalities; and WHEREAS, the cost for attendance is Twenty -Five Dollars ($25.00) per attendee; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes Michelle Gale to attend the two hour program as hosted by the Mid Hudson Valley Chapter of NYSBOC on February 11, 2009, in East Fishkill, New York, at the cost of Twenty -Five Dollars ($25.00) as provided through budget line B3620.400. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-61 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted Amended Christopher Colsey Voter 0 ❑ ❑ ❑ as El Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Wilhdnawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-62 Resolution Authorizing the Town Supervisor to Execute a Contract with MVP Health Plan for Insurance Health Plan for Health Insurance Benefits for 2009 WHEREAS, the Town of Wappinger provides health insurance benefits to its employees; and WHEREAS, the Town of Wappinger has utilized the services of MVP Health Plan, Inc. since the initial enrollment of October 2008; and Town of Wappinger Page 4 Printed 2/19/2009 IP Town Board Meeting Minutes February 9, 2009 WHEREAS, MVP Health Plan, Inc. has offered health insurance coverage to the Town of Wappinger for calendar year 2009, at the annual premium rate of - Single Employee: Member/Spouse: Family: $5,941.68 $11,883.36. $15,989.1-6 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes Supervisor Christopher Colsey to execute a contract with MVP Health Plan, Inc. for calendar year 2009, at the aforementioned annual premium rate for health insurance benefits. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-62 ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator ❑ ❑ ❑ - ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ R1 ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2009-63: Program will end Sept 30t1i RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Motion To: amend Resolution 2009-63: Program will end Dec 31 st RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy RESOLUTION: 2009-63 Resolution Authorizing the Recreation Department to Utilize Carnwath Farms for Recreational and Sporting Displays in Connection with the Hudson -Fulton -Champlain Quadricentennial Celebration WHEREAS, the Town of Wappinger has previously agreed to participate in the Hudson - Fulton -Champlain Quadricentennial Celebration (hereinafter "Quadricentennial Celebration"); and WHEREAS, in conjunction with the Town's participation in the Quadricentennial Celebration, the Town of Wappinger Recreation Department has agreed to sponsor and coordinate displays of recreational and sporting activities that have taken place on the Hudson River, both past and present; and WHEREAS, the Recreation Department will coordinate lectures, slideshows and displays demonstrating how the Hudson River has been used and is still used for recreational and sporting events; and WHEREAS, the Sports Museum of Dutchess County is presently located at Carnwath Farms; and WHEREAS, the Sports Museum of Dutchess County has agreed to supply all manpower and personnel necessary to erect, construct, coordinate and facilitate all such displays at no cost to the Town; and Torre of WappiiWer Page 5 Printed 2//9/2009 Town Board Meeting Minutes February 9. 2009 WHEREAS, all manpower and personnel supplied by the Sports Museum of Dutchess County will be under the management and general supervision of the Town Recreation Department; and WHEREAS, the Sports Museum of Dutchess County had originally proposed to sponsor the recreational and sporting event displays at Carnwath, however after meeting and consulting with the Recreation Department, it was determined that the Towns best interest would be served if the Recreation Department would sponsor the Quadricentennial Program at Carnwath and provide all necessary management, supervision and direction to erect, construct and facilitate the Quadricentennial displays; and WHEREAS, the nature of the recreational and sporting displays to be produced at Carnwath are generally identified in a Memorandum dated January 15, 2009, from Ralph J. Holt, Chainnan of Town of Wappinger Recreation, to the Town Board Members, as well as in a letter dated September 22, 2008, from the Sports Museum of Dutchess County to Supervisor Christopher Colsey, which letters are collectively attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. In accordance with the Memorandum dated January 15, 2009, from Ralph J. Holt to the individual Town Board Members, the Town Board hereby authorizes the Town of Wappinger Recreation Department to utilize the buildings and facilities at Carnwath Estate to provide various displays of recreational and sporting events that have taken place on the Hudson River, both past and present, in connection with the Hudson -Fulton -Champlain Quadricentennial Celebration for calendar year 2009. 3. The Town of Wappinger Recreation Department shall solely be responsible for all supervision and management of manpower and personnel necessary for the erection, construction and facilitation of the displays to be undertaken by the Town of Wappinger Recreation Department. 4. All necessary manpower and personnel will be supplied by the Sports Museum of Dutchess County at no expense to the Town of Wappinger. 5. This Program will terminate December 31st The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-63 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colsey Voter D ❑ ❑ ❑ El Defeated William Beale Initiator CEJ ❑ El 1-1 Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ CEJ Joseph Paoloni Seconder Rl ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-64 Resolution Appointing a Temporary Meter Reader to the Town of Wappinger Sewer/Water Department WHEREAS, the Town of Wappinger incurred a temporary vacancy for the position of Meter Reader in January of 2009; and WHEREAS, the position is vital to the quarterly process of providing accurate sewer and/or water invoicing to residents served by the Town of Wappinger; and WHEREAS, Debbie Brown, of the Water & Sewer Billing Department, has recommended Robert Viola for the temporary post of Meter Reader; and WHEREAS, Robert Viola is a current part-time employee of the Town of Wappinger in good standing and holds experience as a licensed plumber; and WHEREAS, such temporary appointment shall be discontinued upon the receipt of a medical release from the original employee's physician NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the appointment of Robert Viola as Temporary Meter Reader in the Water and Sewer Billing Department. Town of Wappinger Page 6 Printed 2/19/2009 IR Town Board Meeting Minutes February 9, 2009 3. The Meter Reader's primary duties shall be to provide collected water and/or sewer meter data to the Water and Sewer Billing Clerk for the purpose of providing invoices to Town of Wappinger residents. 4. The salary for the Temporary Meter Reader shall be provided from the respective water and/or sewer district budget lines in the amount of One Dollar and 18/100 ($1.18) per meter in accordance with the Town of Wappinger 2009 Budget. 5. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-64 Yes/Aye No/Nay Abstain Absent Rl Adopted Christopher Colsey Voter © ❑ ❑ ❑ ❑ Adopted as Amended William Beale seconder 2 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator Q ' ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 2 ❑ Withdrawn Joseph Paoloni Voter 10 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOUXTION: 2009-65 Resolution Authorizing the Town Supervisor to Develop a Revised Fee Schedule Document from All Town Departments WHEREAS, the Town Code of the Town of Wappinger displays fees related to certain Town functions as approved by the Town Board; and WHEREAS, certain Town fees are not found within the Town Code; and WHEREAS, the Town Board deems it appropriate to review its fees annually for appropriateness and accuracy. 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 directs all departments to produce, in electronic form, a listing of services and fees for said services, no later than February 28, 2009. 3. The Town Board further directs the production of a Town of Wappinger Fee Schedule, which includes a listing of all services and fees for said services, for its review and consideration at the March 23, 2009 meeting. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-65 Yes/Ave No/Na,N Abstain Absent R1 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 21 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter D ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdiawu Joseph Paoloni .Initiator D ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-66 Resolution Establishing a Safety Committee and Regular Inspections of 'Town Owned Facilities and Properties WHEREAS, the Town of Wappinger constituted a Facilities Committee through resolution 2008-119; and WHEREAS, the Committee produced reports to the Town Board in respect to the conditions of the Town Hall, Emergency Services Building, and Highway Garage, outlining existing conditions and necessary improvements to ensure a safe environment for employees and visitors; and WHEREAS, certain necessary improvements have been addressed and corrected during Town o/'Wappinger Page 7 Printed 2/19/2009 Town Board Meeting Minutes February 9, 2009 the calendar year 2008; and WHEREAS, certain necessary improvements are ongoing projects due to their scope or weather related delays; and WHEREAS, the Town of Wappinger utilizes the services of PERMA for its Workers Compensation coverage; and WHEREAS, PERMA conducted a review of Town Hall policies and facilities on January 13, 2009, and suggested the implementation of a Safety Committee in an effort to proactively reduce risks and expense; and WHEREAS, a re -organization of Town personnel has rendered certain portions of Resolution 2008-119 as obsolete; and WHEREAS, the Town Board, in an effort to ensure the safety of its employees and visitors to Town owned properties, hereby transfers and expands upon the duties of the Facilities Committee to form a Town of Wappinger Safety Committee NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the appointment of Councilwoman Maureen McCarthy and Councilman William Beale as the chairpersons of the Town of Wappinger Safety Committee. 3. The Town Board further appoints the following Certified Code Enforcement personnel to initiate a quarterly inspection, and directs same to issue a written report, of the following buildings in all matters related to safety, Code compliance and/or necessary improvements: a. Wappinger Town Hall - George Kolb b. Wappinger Highway Garage - Sal Morello C. Wappinger Emergency Services Building - Susan Dao d. Wappinger Parks - Services provided under contract 4. The Town Fire Inspector shall provide annual inspections of all Town owned buildings or places of assembly. 5. The Safety Committee shall have access to the Town professionals as deemed appropriate to the mitigation of any recognized safety or compliance concerns. 6. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-66 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ El Defeated William Beale Initiator 0 ❑ ❑ ❑ El Tablleded Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paolom Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-67 Resolution Authorizing the Endorsement of a Senior Citizens Race Sponsored by the Knights of Columbus WHEREAS, the Knights of Columbus Council 1646 of the Village of Wappingers Falls, will be sponsoring a WaWRun for Senior Citizens 60 years of age and older to be held on Saturday, July 1 ph, 2009; and WHEREAS, The Knights of Columbus requests the use of Town Hall, Middlebush Road, on Saturday, July 1 ph 2009, as the start and finish of the race; and WHEREAS, the Knights of Columbus will seek the permission of the Village of Wappingers Falls for the use of various streets located in that municipality 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 endorses the Knights of Columbus Council 1646 of the Village of Wappingers Falls Walk/Run for Senior Citizens 60 years of age and older to be held on Saturday, July 1 Ph, 2009. 3. The Town Board hereby authorizes the Knights of Columbus to use Town Hall on Town of Wappinger Page 8 Printed 2//9/2009 e Town Board Meeting Minutes February 9, 2009 Saturday, July 1ph, 2009 as the start and finish of the race. 4. This Resolution is adopted on the condition that the Mid -Hudson Road Runners Club provide proof of General Liability Insurance in the amount of One Million Dollars ($1,000,000.00) per occurrence naming and insuring the Town of Wappinger as Certificate Holder and additional insured against any actions, claims, or lawsuits arising from personal injury, property damage, and/or negligent acts caused by Knights of Columbus Senior Walk/Run Race or any of its participants, agents and/or employees, including the organizing organizations, while performing services in the Town of Wappinger pursuant to this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-67 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 21 11 ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-68 Resolution Authorizing the Town Supervisor to Solicit Bids for the Replacement of the Heating and Ventilation System within the Town of Wappinger Justice Court WHEREAS, Town Hall is currently serviced with aheating and ventilation system which was installed in Town Hall in 1985; and WHEREAS, the portion of Town Hall dedicated to the Justice Court observed several HVAC failures during 2008 requiring non-scheduled service calls; and WHEREAS, the existing HVAC system lacks the ability to control the periods of usage and temperature thereby increasing energy costs and affecting personal comfort; and WHEREAS, the Justice Court sought and was awarded a grant to replace the heating and ventilation system from New York State in the amount of Twenty Thousand Dollars ($20,000.00); and WHEREAS, such grant is conditioned upon the utilization of such moneys solely within the portions of the building serving the Justice Court no later than March 2, 2009; and WHEREAS, after due deliberation, the Town Board has determined that it is the best interests of the function of the Justice Court, its personnel and those served by the Court, plus in the general interest of the residents of Wappinger to conserve energy, provide a lesser impact upon the environment, and minimize expenses by authorizing the solicitation of bids for the replacement of the heating and ventilation system within the Town of Wappinger Justice Court. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes Supervisor Christopher J. Colsey to solicit bids for the replacement of the heating and ventilation system within the Town of Wappinger Justice Court in accordance with Chapter 46: Procurement Policy of the Town Code, under the advice and review of the Town Attorney. 3. The Town Board, in recognition of the conditions of the grant in respect to the March 2, 2009 timeline, authorizes Supervisor Christopher J. Colsey to execute a contract for the replacement of the heating and ventilation system within the Town of Wappinger Justice Court, in accordance with Chapter 46: Procurement Policy of the Town Code, under the advice and review of the Town Attorney. 4. The Town Board hereby authorizes Supervisor Christopher J. Colsey to gain a Building Pen -nit in accordance with the provisions of the NYS Uniform Building Code as applicable to this installation. Town o/'Wappinger Page 9 Printed 2/19/2009 Town Board Meeting Minutes February 9, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-68 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ 0 ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Voter Joseph Paoloni Voter Rl ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-69 Resolution Authorizing the Town Supervisor to Develop Revised Specifications and Solicit Quotations for Updated Telephone Equipment or Service for the Town Hall WHEREAS, Town Hall is currently serviced with a Starplus Digital telephone system which was installed in Town Hall in 1993; and WHEREAS, the existing phone system lacks such communications features as voicemail messaging and storage, programmable call routing and call forwarding, last number redialing, caller I.D. and other features designed to enhance productivity; and WHEREAS, the Town Board in response to national and local economic conditions has adopted a budget for fiscal year 2009 with a reduction in personnel; and WHEREAS, Town occurrences, to include water main breaks, climate weather issues and closures, dog control complaints, and verification of scheduled events have caused residents to voice concerns; and WHEREAS, after due deliberation, the Town Board has determined that it is in the best interest of good government and the citizens of the Town of Wappinger to consider replacement of the failing and technologically obsolete existing telephone system by developing revised specifications and soliciting bids for replacement telephone equipment or service. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes Supervisor Christopher J. Colsey to develop revised specifications and solicit bids for replacement telephone equipment or service for Wappinger Town Hall. 3. The Town Board directs the compilation of all quotations for equipment or service in the form of a resolution to be considered by the Town Board prior to the execution of any related contract or purchase. 4. The Town Board directs, for its consideration and approval, the Personnel Policy/Manual Committee to develop expanded language for the revised document ensuring the proper and professional utilization of a phone system with updated features to the primary benefit of the residents of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-69 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ El Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-72 Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to the Highway Department WHEREAS, the Town of Wappinger adopted the Final Budget for Fiscal Year 2009 on Town of Wappinger Page 10 Printed 2//9/2009 Town Board Meeting Minutes February 9, 2009 November 19, 2008; and WHEREAS, on January 20, 2009, the Highway Superintendent provided a memo to the Town Board in respect to the ongoing utilization of a weather service advisory system; and WHEREAS, on January 26, 2009, the Highway Superintendent proposed a budget amendment thereby transferring funds within the DB (Highway) budget with the Town Board; and WHEREAS, the Town Board authorized the drafting of a resolution to consider the proposed amendment; and WHEREAS, the proposed budget amendments do not affect the adopted tax levy for Fiscal Year 2009; and WHEREAS, the proposed budget amendments are as follows: Line Description Budget Increase Decrease DB5110.400 General Repairs $40,000.00 $1,464.00 DB5110.415 Weather Service $0 $1,464.00 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor and Town Accountant to amend the Town of Wappinger Budget adopted for the 2009 Fiscal Year in accordance with the aforementioned proposed budget amendments. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-72 Yes/Aye No/Nay Abstain Absent Q Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 2 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 2 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-73 Resolution Confirming the Appointment of a Recreation Director to the Town of Wappinger WHEREAS, the Town of Wappinger incurred a vacancy for the hourly position of Recreation Director in August of 2008, due to a voluntary resignation; and WHEREAS, the Town Recreation Commissioner sought candidates through a list provided by Dutchess County Department of Personnel; and WHEREAS, the Civil Service list was deemed non-viable by the Dutchess County Department of Personnel upon the negative response of five of the six listed candidates; and WHEREAS, the Dutchess County Department of Personnel provided advice to the Town Recreation Commissioner and Town Supervisor that a candidate may be sought through direct recruitment; and WHEREAS, the Recreation Commissioner further was advised that candidates must hold qualifications in accordance with the Civil Service guidelines for the position of Recreation Director; and WHEREAS, the Recreation Commissioner discussed candidates with the Town Board and representatives of the Dutchess County Department of Personnel at the Special Town Board meeting of December 15, 2008; and WHEREAS, the Town Board conducted interviews for the position of Recreation Director on January 19, 2009; and WHEREAS, Ralph Holt, Chairman of the Recreation Commission, has recommended Jaclyn Smith for the post of Recreation Director; and WHEREAS, the Town Board, on January 19, 2009, authorized Supervisor Christopher Colsey to tender an offer of employment to Jaclyn Smith effective immediately; and WHEREAS, Jaclyn Smith is eligible for the position of Recreation Director under New York Civil Service Law, the Rules and Regulations of the Dutchess County Department of Personnel, and the Rules and Regulations of the Town of Wappinger. 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. Town Of Wappinger Page 11 Printed 2/19/1(1//9 Town Board Meeting Minutes February 9, 2009 2. The Town Board hereby confirms the appointment of Jaclyn Smith as Recreation Director in the Recreation Department directed by and under the supervision of the Town Board. 3. The Recreation Director's primary duties shall be to provide oversight to the Town seasonal youth recreation programs and lead in the completion of the annual Recreation Guide. 4. The salary for the Recreation Assistant shall be provided from budget line B7310.100 (Youth Programs/Recreation Director) in the annual amount of Fifteen Thousand, Four Hundred Fifty Dollars and 00/100 ($15,450.00), in accordance with the Town of Wappinger 2009 Budget. 5. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-73 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ 11 Defeated William Beale Voter 0 ❑ ❑ ❑ 11 Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-74 Resolution Authorizing Attendance at a Tri -County NYSBOC Training Conference WHEREAS, Salvatore Morello III, has requested authorization to attend the New York State Building Officials Conference (NYSBOC), Tri -County Chapter, Flood Plain Management Training seminar (6 credit hours), to be held March 4, 2009, in Newburgh, New York, at a cost of Thirty -Five Dollars and 00/100 ($35.00); and NOW, THEREFORE, BE IT RESOLVED, that Salvatore Morello III is hereby authorized to attend the New York State Building Officials Conference (NYSBOC), Tri -County Chapter, Flood Plain Management Training seminar (6 credit hours), to be held March 4, 2009, in Newburgh, New York, at a cost of Thirty -Five Dollars and 00/100 ($35.00), as funded through budget line item B3620.400. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-74 0 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ElEl 1:1 Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-75 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2008 and 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, 2008, and the vacancy has been subsequently filled by an Accountant, as deemed qualified through the competitive Civil Service process, the duties of auditing claims presented to the Town, and the issuing of warrants authorizing the payment of said claims and bills, must be approved by the Town Board; and Town of Wappinger Page 12 Printed 2/19/2009 A TnIAM Rnarfi 1\1lpptinp Minutes February 9, 2009 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; WHEREAS, the Town Board has found that all the claims as presented through Abstract Nos. 21171, 21172, 21173 and 21174 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 numbered 21171, 21172, 21 173 and 21 174 as provided to the Town Board in support of this Resolution as follows: 1. Abstract 21171 with a total of Seven Hundred Torty-One Dollars and 60/100 ($741.60); and 2. Abstract 21172 with a total of Two Hundred One Thousand, Seven Hundred Thirty -Six Dollars and 73/100 ($201,736.73); and 3. Abstract 21173 with a total of Eighty -Two Thousand, Five Hundred Eight Dollars and 98/100 ($82,508.98); and 4. Abstract 21174 with a total of One Hundred Eighty -Four Thousand, Three Hundred Fifty -Six Dollars and 16/100 ($184,356.16). 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 21171 through 21174. 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 -2009-75 Yes/Aye No/Nav Abstain Abscnt 21 Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator © ❑ ❑ ❑ ❑ Defeated Vincent Bettina seconder CEJ ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 21 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-78 Resolution Authorizing Temporary Storage to the Roy C. Ketcham Interact Club for the Purpose of a Charity Collection Drive WHEREAS, the Roy C. Ketcham Interact Club is collecting used books for the purpose of supporting schools in the Republic of Uganda, East Africa; and WHEREAS, the Roy C. Ketcham Interact Club Student President requested the use of storage space for a period of approximately forty-five days to store any collected used books; and WHEREAS, the collected books are stored in boxes with a projected area of storage to be fifty square feet; and WHEREAS, the Roy C. Ketcham High School was unable to accommodate the request; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby grants the use of temporary storage to the Roy C. Ketcham Interact Club for the collection of used books for the purpose of supporting schools in the Republic of Uganda, East Africa. BE IT FURTHER RESOLVED, that the temporary storage of the books must be in sturdy boxes or containers at a location deemed acceptable to the Town of Wappinger Fire Inspector. BE IT FURTHER RESOLVED, that the Roy C. Ketcham Interact Club shall be solely responsible for the movement and removal of all materials related to this project. Town of Wappinger Page 13 Printed 2/19/2009 Town Board Meeting Minutes February 9, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-78 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ 0 0 ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 0 ❑ 0 Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-79 Resolution Making Amendment to Authorization for New York State Association of Towns Conference WHEREAS, the Town of Wappinger has traditionally sent a delegation of Board Members and employees to the New York State Association of Towns Conference and Training School to receive continuing education; and WHEREAS, the 2009 New York State Association of Towns Conference and Training School will be held on Monday, February 16°' and Tuesday, February 17th 2009, and, among other things, will focus on the challenges municipalities face in uncertain economic times; and WHEREAS, the Town Board of the Town of Wappinger has previously authorized members of the Town Board, Planning Board, and Zoning Board of Appeals, as well as the Town Clerk, Town Justices, Town Attorney and certain Town employees to attend the New York State Association of Towns Annual Meeting and Training School; and WHEREAS, the Town Board of the Town of Wappinger shall require all attendees to attend a minimum of four (4) hours of daily educational seminars to be eligible for expense reimbursement; and WHEREAS, the Town Board of the Town of Wappinger has previously authorized the amount of Five Thousand Dollars ($5,000.00) for this annual educational opportunity; and WHEREAS, the Town Board of the Town of Wappinger did not include hotel accommodations in the amount previously authorized; and WHEREAS, the Annual Meeting of the New York State Association of Towns will be held on Tuesday at the conclusion of the conference for the purpose of discussion and adoption of various resolutions of interest to its members and requires the fon-nal appointment of a Town representative and/or alternate representative to vote on these items; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger re -appropriate an additional Five Thousand Dollars ($5,000.00) to facilitate hotel accommodations for attendees; and BE IT FURTHER RESOLVED, that Town Supervisor Christopher Colsey is hereby appointed as the Town of Wappinger Delegate to the 2009 Association of Towns Annual Meeting and Deputy Supervisor William H. Beale is hereby designated as the Town of Wappinger Alternate Delegate to the 2009 Association of Towns Annual Meeting; and BE IT FURTHER RESOLVED, that all attendees of the 2009 New York State Association of Towns Annual Meeting and Training School shall submit their expenses through voucher for consideration of reimbursement by the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-79 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 14 Printed 2/!9/2009 Town Board Meeting Minutes February 9, 2009 RESOLUTION: 2009-80 Resolution Authorizing the Town Supervisor to Contract with the Poughkeepsie Dutchess Empire Zone for 2009 WHEREAS, the Town of Wappinger annually supports and receives benefit from the Poughkeepsie Dutchess Empire Zone program; and WHEREAS, the Poughkeepsie Dutchess Empire Zone administrative body has submitted a request for funding for the 2009 fiscal year; and WHEREAS, the Town Board has appropriated the amount of Nineteen Thousand, Five Hundred Dollars and 00/100 ($19,500.00) within the adopted Town of Wappinger budget for fiscal, year 2009 in budget line B6510.400 (Empire Zones Contractual); and WHEREAS, the Poughkeepsie Dutchess Empire Zone administrative body has submitted a request to formalize their agreement with the Town of Wappinger, through a letter dated January 26, 2009, a copy of which has been provided to the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby directs the Town Attorney to review said Agreement prior to its execution by the Town Supervisor. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Supervisor to execute such Agreement, in accordance with the advice of the Town Attorney, with the Poughkeepsie Dutchess Empire Zone program. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the payment of Nineteen Thousand, Five Hundred Dollars and 00/100 ($19,500) from Town of Wappinger Budget Line B6510.400 (Empire Zones Contractual) for fiscal year 2009. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-80 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale seconder D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator R1 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ El ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2009-82 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy RESOLUTION: 2009-82 Resolution Authorizing Refund of Unused Escrow for Baisley Site Plan (Account 03-3075) WHEREAS, on or about September 30, 2003, John Baisley (hereinafter the "Applicant') filed an application for approval of a Site Plan known as the "Baisley Site Plan", under Application Number 03-3075; and WHEREAS, on or about, September 30, 2003, the Applicant deposited Seven Thousand, Five Hundred Dollars ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, additional escrow deposits of One Thousand, Five Hundred Sixty Dollars ($1,560.00) and One Thousand, Six Hundred Thirty Dollars ($1,630.00) were made on February 10, 2005 and October 29, 2007, respectively; and WHEREAS, the application was approved and the Site Plan was signed on September 2, 2008; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Four Thousand, Two Hundred Thirty Dollars and 00/100 ($4,230.00) remains in the escrow account and Applicant has requested a refund of said escrow balance; and Town oT Wappinger Page 15 Prinied 2119/2009 Town Board Meeting Minutes February 9, 2009 WHEREAS, the Town Accountant has reviewed the escrow account and has determined that a refund is due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes that a payment in the total amount of Four Thousand, Two Hundred Thirty Dollars and 00/100 ($4,230.00) shall be made to the Applicant representing a refund of the remaining escrow balance for Application Number 03-3075. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-82 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter El ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator El ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ Z Joseph Paoloni Voter 0 ❑ ❑ 0 Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-83 Resolution Authorizing Refund of Unused Escrow for Baisley & Van Benschoten Subdivision (Account 03-5076) WHEREAS, on or about September 30, 2003, Jared Van Benschoten and John Baisley (hereinafter the "Applicants") filed an application for approval of a Subdivision known as the "Baisley & Van Benschoten Subdivision" under Application Number 03-5076; and WHEREAS, on or about, September 30, 2003, the Applicants deposited Three Thousand, Seven Hundred Fifty Dollars ($3,750.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, additional escrow deposits of Three Thousand, One Hundred Forty -Four Dollars and 00/100 ($3,144.00), Three Thousand, Seven Hundred Ninety -Five Dollars and 30/00 ($3,795.30), Two Thousand, Seven Hundred Thirteen Dollars and 00/100 ($2,713.00) and Nine Hundred Forty-five Dollars and 80/100 ($945.80) were made on February 10, 2005, June 6, 2006, October 29, 2007 and January 8, 2008, respectively; and WHEREAS, the application was approved and the Subdivision Map was signed on June 26, 2008; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of One Hundred Twenty -Nine Dollars and 00/100 ($129.00) remains in the escrow account and Applicants have requested a refund of said escrow balance; and WHEREAS, the Town Accountant has reviewed the escrow account and has determined that a refund is due to the Applicants. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes that a payment in the total amount of One Hundred Twenty -Nine Dollars and 00/100 ($129.00) shall be made to the Applicants representing a refund of the remaining escrow balance for Application Number 03-5076. Town of Wappinger Page 16 Printed 2/79/2009 0 Town Board Meeting Minutes February 9, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-83 Yes/Aye. No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 21 ❑ ❑ ❑ ❑ Adopted as Amended Williarn Beale seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2009-84 RESULT: ADOPTED [UNANIMOUS) MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy RESOLUTION: 2009-84 Resolution Authorizing Refund of Unused Escrow for Contrail, LLC Amended Site Plan (Account 03-3079) Later Known as A&B Restaurant Equipment - 182 Old Route 9 (Contrail, LLC) Amended Site Plan (Account 07-3138) WHEREAS, on or about December 30, 2003, Frank Buyakowski, on behalf of Contrail, LLC (hereinafter the "Applicant"), filed an application for approval of an Amended Site Plan known as the "Contrail, LLC Amended Site Plan" under Application Number 03-3079; and WHEREAS, on or about May 23, 2007, the Applicant further submitted an application for approval of an Amended Site Plan known as the "A & B Restaurant Equipment - 182 Old Route 9 (Contrail, LLC) Amended Site Plan" under Application Number 07-3138; and WHEREAS, on or about, December 20, 2003, the Applicant deposited Seven Thousand, Five Hundred Dollars and 00/100 ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, additional escrow deposits of Three Thousand, Ten Dollars and 00/100 ($3,010.00) and One Thousand, Five Hundred Dollars and 00/100 ($1,500.00) were made on June 1, 2005 and January 7, 2007, respectively; and WHEREAS, the application was approved and the Amended Site Plan was signed on June. 26, 2007; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Two Thousand, Five Hundred Seventy Dollars and 551100 ($2,570.55) remains in the escrow account, and Applicant has requested a refund of said escrow balance; and WHEREAS, the Town Accountant has reviewed the escrow account and has determined that a refund is due to the Applicant NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes that a payment in the total amount of Two Thousand, Five Hundred Seventy Dollars and 55/100 ($2,570.55) shall be made to the Applicant representing a refund of the remaining escrow balance for Application Number 07-3138. Town of Wappinger Pnge 17 f rinled 1/1 Y120UY Town Board Meeting Minutes February 9, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-84 Z Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter Z ❑ p ❑ ❑ Defeated William Beale Seconder 21 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ p ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ 0 2 Joseph Paoloni Voter 0 ❑ 0 ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-85 Resolution Authorizing Refund of Unused Escrow for Meadowood Investors, LLC (Account 8660) WHEREAS, Meadowood Investors, LLC was the Applicant for the subdivisions known as "Meadowood Section 1" and "Meadowood Section 2'; and WHEREAS, numerous deposits were made to the Town of Wappinger to reimburse the Town's professionals for their review of the Subdivision Application; and WHERAS, Meadowood Section 1 was filed on November 15, 2004, and Meadowood Section 2 was filed on February 10, 2005; and WHEREAS, all professional review fees incurred during the review of the Subdivision Applications for Section 1 and Section 2 have been paid and a balance of Eighteen Thousand, Six Hundred Forty -Nine Dollars and 54/100 ($18,649.54) remains in the escrow account and Applicant has requested a refund of said escrow balance; and WHEREAS, the Town Accountant has examined the escrow balance and has detennined that a refund is due to the Applicant; and NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes that a payment in the total amount of Eighteen Thousand, Six Hundred Forty -Nine Dollars and 54/100 ($18,649.54) shall be made to the Applicant representing a refund of the remaining escrow balance for Application Number 8660. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-85 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 23 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator Q ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ p Jose h Paoloni Voter RI ❑ ❑ 0 Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2009-86 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Town of Wappinger Page 18 Printed 2/19/2009 Town Board Meeting Minutes February 9, 2009 RESOLUTION: 2009-86 Resolution Authorizing Refund of Unused Escrow for Sauter & Perrone Lot Line Realignment (Account 08-5140) WHEREAS, on or about May 7, 2008, Jeff Sauter (hereinafter the "Applicant") filed an application for approval of a Lot Line Realignment known as the "Sauter & Perrone Lot Line Realignment" under Application Number 08-5140; and WHEREAS, on or about, May 7, 2008, the Applicant deposited One Thousand, Five Hundred Dollars and 00/100 ($1,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, the application was approved and the Map was signed on December 3, 2008; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of One Hundred Fourteen Dollars and 50/100 ($114.50) remains in the escrow account and Applicant has requested a refund of said escrow balance; and WHEREAS, the Town Accountant has reviewed.said escrow account and has determined that a refund is due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes that a payment in the total amount of One Hundred Fourteen Dollars and 50/100 ($114.50) shall be made to the Applicant representing a refund of the remaining escrow balance for Application Number 08-5140. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-86 Yes/Aye No/Na}' 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 February 09, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2009-87 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy RESOLUTION: 2009-87 Resolution Authorizing Refund of Unused Escrow for Van Benschoten Site Plan (Account 03-3076) WHEREAS, on or about September 30, 2003, Jared Van Benschoten (hereinafter the "Applicant") filed an application for approval of a Site Plan known as the "Van Benschoten Site Plan" under Application Number 03-3076; and WHEREAS, on or about September 30, 2003, the Applicant deposited Seven Thousand, Five Hundred Dollars and 00/100 ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, additional escrow deposits of One Thousand, Two Hundred Ninety -Two Dollars and 10/100 ($1,292.10) and Two Thousand, One Hundred Nine Dollars and 00/100 ($2,109.00) were made on February 10, 2005, and October 29, 2007, respectively; and WHEREAS, the application was approved and the Site Plan was signed on September 2, 2008; and WHEREAS, all professional fees incurred during the review of the application have Town of fb'nppinger Page 19 Printed 2/19/2009 Town Board Meeting Minutes February 9. 2009 IX. been paid and a balance of Five Thousand, Nine Hundred Twenty -Seven Dollars and 00/100 ($5,927.00) remains in the escrow account and Applicant has requested a refund of said escrow balance; and WHEREAS, the Town Accountant has reviewed the escrow account and has determined that a refund is due to the Applicant NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes that a payment in the total amount of Five Thousand, Nine Hundred Twenty -Seven Dollars and 00/100 ($5,927.00) shall be made to the Applicant representing a refund of the remaining escrow balance for Application Number 03-3076. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-87 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter D ❑ ❑ 0 ❑ Defeated William Beale Seconder ❑ ❑ Tabled Vincent Bettina Initiator C1 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ p Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. Special Consideration A. Resolution for Hudson Valley Greenway Motion To: add Resolution for Hudson Valley Greenway to Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy RESOLUTION: 2009-88 Resolution for Greenway Support 2009 WHEREAS: The New York State 2009-2010 Budget proposes to "consolidate" the Hudson River Valley Greenway Communities Council and Hudson River Valley Greenway Heritage Conservancy ("The Greenway") into the Department of State; and WHEREAS: The New York State Legislature is currently reviewing the NYS 2009- 2010 budget and can make changes to the Governor's proposed budget; and WHEREAS: The Town of Wappinger is a Greenway Compact Community; and WHEREAS: The Town is a collaborator in the Wappinger Greenway Trail Committee; and WHEREAS: The Town Planning Board uses the Greenway Guidelines to guide its deliberations; and WHEREAS: The Town has been enhanced by funding from Greenway funding to complete the Comprehensive Plan, leverage other state funding to implement the Wappinger Greenway Trail at Market Street, and provide money for trail publications. NOW, THEREFORE, BE IT RESOLVED, that Supervisor Christopher Colsey and the Town Board encourage Hudson Valley Legislators, Senator Stephen Saland, Assemblyman Joel Miller, and Assemblyman Marcus Molinaro to work diligently with their colleagues and the Governor's office to restore funding for "The Greenway" in the NYS 2009-2010 to allow it to continue to provide expertise to municipalities and small grants available in a three month time frame. Town of Wappinger Page 20 Printed 2/19/2009 Town Board Meeting Minutes February 9, 2009 The foregoing was put to a vote which resulted as follows: ✓ vote Record - Resolution RES -2009-88 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, ABSENT: Maureen McCarthy Yes/Aye No/Nay Abstain Absent * Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 23 ❑ Withdrawn Joseph Paoloni seconder 2 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. ir.. B. Bills Motion To: add Resolutions for bills to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy X. New Business Councilman Beale New Business Councilman Beale complemented every one involved with the Winter Fun Fest. There were approximately 300 people that attended. He would like to meet with all those involved to discuss what can be done to improve the event for next time. He would also like to have a discussion about planning other events at the Carnwath site. He gave the example of having the 4th of July celebration at Carnwath. Councilman Paoloni noted that the Town has approval to put a pad for an amphitheatre at Carnwath. Al Roberts, Town Attorney, noted that the Town has conceptual approval. Councilman Paoloni would like to begin the process to get this going, as it could potentially be a good source of revenue. He also recommended setting up a Committee to come up with ideas. Councilman Bettina commented that these were great ideas, but the Town is in a tough economic time. If the Town can get revenues out of it, he is for it. If it is going to cost the taxpayers any more money, he can't go along with that. Discussion followed. Councilman Beale asked the Town Clerk, Chris Masterson, if Carnwath was a Geocache site. Mr. Masterson answered that it was, and went on to say that there are people that have asked about the possibility of having a Geocache event at Carnwath. Supervisor Colsey appointed Councilman Beale and Town Clerk Masterson to the Carnwath Event Committee. Councilman Beale's next point of new business had to do with the Greenway. He noted that Frank Skartados is an Assemblyman in the City of Poughkeepsie. The Councilman asked that the Assemblyman be copied on the Greenway letter that is being sent out. Councilman Paoloni brought up the issue of having Cobblestone Road as an access road to Carnwath. Mr. Roberts recommended getting input from Bob Gray, Engineer to the Town. XI. Executive Session Motion To: go into Executive Session at 8:52 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, ABSENT: Maureen McCarthy Vincent Bettina, Joseph Paoloni A. Absolute Properties - Advice from Attorney on Pending Litigation Town of lVappinger Prrge 21 Primed 2/19/2009 Town Board Meeting Minutes February 9. 2nn9 Motion To: come out of Executive Session at 9:15 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy X11. Resolutions RESOLUTION: 2009-81 Resolution Authorizing the Release of Letter of Credit, Checks for Recreation Fees and Escrow. Deposits Posted in Connection with the Cranberry Hills Subdivision WHEREAS, Cranberry Hills, LLC, received Subdivision Plat Approval from the Town of Wappinger Planning Board by Resolution dated December 12, 2006; and WHEREAS, in accordance with Town Law Sections 276 and 277, Cranberry Hills, LLC, tendered a Perfonnance Agreement secured by an Irrevocable Letter of Credit, Serial No. S00055737, issued by the Bank of New York in the sum of Four Million, Three Hundred Twenty Thousand Dollars and 00/100 ($4,320,000.00), in favor of the Town of Wappinger, to secure the developer's obligations to guarantee the construction, installation, implementation and dedication of required improvements as set forth in the Resolution of Subdivision Plat Approval dated December 12, 2006; and WHEREAS, the Applicant further issued bank checks to the Town of Wappinger for the following items: 1. Bank check number 979570394 dated 11/29/2007 in the amount of $275,000.00 for Phase I Recreation Fees; and 2. Bank check number 979570395 dated 11/29/2007 in the amount of $26,250.00 for the post approval escrow deposit; and 3. Bank check number 979570396 dated 11/29/2007 in the amount of $108,000.00 for the initial inspection escrow deposit. WHEREAS, the Town Clerk has verified the possession of the aforementioned original documents and checks; and WHEREAS, the Applicant, through its attorney, Richard O'Rourke, of the law firm of Keane & Beane, by letter dated January 7, 2009, has requested the return of the Letter of Credit, as well as the bank checks delivered for the recreation fees, post approval escrow deposit and initial inspection escrow deposit. 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. In accordance with the letter request dated January 7, 2009, the Town Board hereby authorizes the Town Clerk, John C. Masterson, to return to Cranberry Hills, LLC, c/o Keane & Beane, the Irrevocable Letter of Credit posted as security for the Performance Agreement in the sum of Four Million, Three Hundred Twenty Thousand Dollars and 00/100 ($4,320,000.00), bearing Serial No.S00055737, in favor of the Town of Wappinger. 3. Further, in accordance with the letter request dated January 7, 2009, the Town Board hereby authorizes the Town Clerk, John C. Masterson to also return the following three (3) checks: a. Bank check number 979570394, dated 11/29/2007, in the amount of $275,000.00 for Phase I Recreation Fees; and b. Bank check number 979570395, dated 11/29/2007, in the amount of $26,250.00 for the post approval escrow deposit; and C. Bank check number 979570396 dated 11/29/2007 in the amount of $108,000.00 for the initial inspection escrow deposit. 4. This resolution shall take effect immediately. Town of Wappinger Page 22 Printed 2//9/2009 Town Board Meeting Minutes February 9, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-81 A B Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-70 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 LC LD LH T92 Central Hudson $85.37 No/Nap Abstain Absent 0 Adopted Christopher Colsey Seconder Central Hudson $40.06 ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 Central Hudson $45.98 ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ Central Hudson $38.49 ❑ Tabled Maureen McCarthy Voter ❑ - ❑ ❑ Central Hudson $2,380.45 Joseph Paoloni Voter 0 ❑ ❑ ❑ Central Hudson $1,205.62 Matthew Bender $401.75 Frontier Comm $22.62 DC Sheriff $2,992.41 $15,810.35 Mid Hudson $1,099.04 Fasteners Sedore & Company $2,588.25 Thompson West $1,551.20 West Payment $138.00 Brady's Power $183.40 Equip Frederick Clark $15,156.00 Frederick Clark $10,227.80 Foam & Wash $3.50 $7.00 Community Energy $1.71 $42.45 $125.62 United Rentals $795.63 Amazon $150.01 Totals I 111,621.09 $26,067.77 $2,078.07 $1.71 1 $42.45 1 $125.62 1 $15,156.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-70 Yes/Aye No/Nap Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ - ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-71 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: Town of Wappinger Page 23 Printed 2//9/2009 Town Board Meeting Minutes February 9, 2009 Vendor A B DB Home Depot $472.82 Rl Adopted CAMO Pollution MVP $9,596.82 $4,303.27 $14,620.56 MVP Gold $2,554.30 Christopher Colsey $255.43 Kent Automotive ❑ ❑ $292.40 Carquest William Beale Initiator $424.73 Carquest ❑ $1.45 $4.35 Protection One $300.00 0 ❑ Protection One $300.00 ❑ Withdrawn Maureen McCarthy Rosemary's Flower $83.50 ❑ ❑ Shop Jose h Paoloni Voter Bostwick Sales $39.04 ❑ ❑ Patricia Maupin $11,115.06 $217.12 Old State Auto $122.00 NY Tech Supply $62.95 Amthor Welding $96.44 Amthor Welding $810.00 $96.44 Service Education Inc. $800.00 First Unum Life $263.38 Hudson River $162.08 $75.82 Truck/Trail Carquest Hudson River $67.34 Truck/Trail $63.53 Town of Fishkill $64.61 Arkel Motors Tatiana Lukianoff $25.00 Snap On Tools Arkel Motors $272.25 Snap On Tools $461.25 $132.95 Toshiba $461.46 Met Life $839.54 $402.99 United Rentals $68.31 $795.63 Perfect Comfort $125.00 GHI Perfect Comfort $195.00 Perfect Comfort $125.00 Totals 1 $27,072.15 1 $4,854.71 1 $17,197.29 The foregoing was put to a vote which resulted as follows: $49,124.15 ✓ Vote Record - Resolution RES -2009-71 A B DB SF SI Rl Adopted CAMO Pollution Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ p Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-76 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 SF SI SM CAMO Pollution $7,899.58 $19,611.25 $9,524.00 CAMO Pollution CAMO Pollution $25.00 CAMO Pollution $25.00 Home Depot $160.61 Home Depot $65.00 Signal Graphics $217.12 James Baisley $1,125.00 James Baisley $810.00 First Unum Life $263.38 $91.17 $162.08 Carquest $27.40 Carquest $63.53 Arkel Motors $60.99 Arkel Motors $461.25 Hudson River Truck Equip $519.16 AC Moore $68.31 GHI $8,264.44 Town of Wappinger Page 24 Printed 2/19/2009 Tn%A/n Rnnrri MPPting Minutes February 9, 2009 $51.19 Totals 1 $13,248.06 1 $660.68 $106,628.19 1 $7,899.58 1 $19,662.441 $9,524.00 Vendor International Salt SV SW $101,309.35 CAMO Pollution Tilcon $8,491.67 $13,025.00 $1,208.36 CAMO Pollution Staples $17.46 CAMO Pollution Staples $19.57 CAMO Pollution Staples $199.99 Home Depot Home Depot Staples $409.63 Signal Graphics Home.Depot Software Consulting $1,200.00 Signal Graphics Chris Colsey $79.00 James Baisley Wells Fargo Financial $324.90 Carquest James Baisley Wells Fargo Financial $325.59 Carquest First Unum Life Oriental Trading $48.97 Carquest Aflac Carquest DeLage Landen $373.52 $369.52 Equip Arkel Motors C & C Hydraulics AC Moore $403.00 Arkel Motors KVS $1,232.80 Hudson River Truck Equip AI's Auto $328.08 "' Auto Zone $79'86 $149.99 GHI (,nnhar $127.76 Staples $51.19 Totals 1 $13,248.06 1 $660.68 $106,628.19 1 $7,899.58 1 $19,662.441 $9,524.00 Vendor SR SV SW T16 CAMO Pollution $17,793.33 $8,491.67 $13,025.00 7$2,203.2517$1,583.33 CAMO Pollution $64,579.17 CAMO Pollution CAMO Pollution CAMO Pollution CAMO Pollution Home Depot Home Depot Signal Graphics Home.Depot James Baisley Signal Graphics James Baisley James Baisley Carquest James Baisley Carquest First Unum Life Arkel Motors Carquest Arkel Motors Carquest Equip Arkel Motors AC Moore Arkel Motors GHI Hudson River Truck Equip International Salt AC Moore $79'86 Staples GHI Staples International Salt Tilcon Staples $40.95 $32.17 Staples Staples Staples Software Consulting Chris Colsey Wells Fargo Financial Wells Fargo Financial Oriental Trading Aflac $521.60 DeLage Landen C & C Hydraulics KVS AI's Auto Auto Zone Gopher Totals $17,834.28 $8,523.84 $13,025.00 1 $521.60 Vendor WT WU CAMO Pollution CAMO Pollution 7$2,203.2517$1,583.33 $2,877.75 $64,579.17 CAMO Pollution CAMO Pollution Home Depot Home Depot Signal Graphics James Baisley James Baisley First Unum Life Carquest Carquest Arkel Motors Arkel Motors Hudson River Truck Equip AC Moore GHI International Salt Tilcon $79'86 Staples Staples Torn of Wappinger Page 25 Printed 2119/2009 Town Board Meeting Minutes February 9, 2009 Staples Staples Software Consulting Chris Colsey Wells Fargo Financial Wells Fargo Financial Oriental Trading Aflac Dell -age Landen C & C Hydraulics KVS AI's Auto Auto Zone Totals 1 $2,203.25 1 $1,583.33 1 $2,877.75 1 $64,659.03 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-76 A B DB SI SR Adopted Central Hudson $162.91 Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Initiator Z ❑ ❑ p ❑ Tabled Vincent Bettina Voter 2 ❑ 0 ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ 0 0 p Joseph Paoloni Seconder Rl ❑ ❑ 0 Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-77 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 SI SR SV Central Hudson $162.91 Central Hudson $405.12 Central Hudson $40.06 Central Hudson $30.04 Marshall & Sterling $3.00 $390.00 Bottini Fuel $1,630.04 Bottini Fuel $10,084.90 Bottini Fuel $571.72 Bottini Fuel $2,696.63 Tri Municipal Sewer $87,851.27 $71,878.31 $39,932.40 Carquest $19.40 Arkel Motors $1,561.80 Department of Water Sply $88.06 NYS Retirement $153.49 Gellert/Klein $478.50 Gellert/Klein $1,031.25 Gellert/Klein $2,491.50 Dutchess County SPCA $260.00 KVS $230.00 KVS $6,000.00 Jamar Technologies $556.66 Totals $22,202.481 $478.50 1 $6,204.10 1 $87,851.27 $71,878.31 $39,932.40 Torn of'Wappinger Page 26 Printed 2/19/2009 11 Town Board Meeting Minutes February 9, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-77 A B Yes/Aye No/Nay Abstain Absent Q Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator Rl ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 10 ❑ Withdrawn Joseph Paoloni Voter 11 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-89 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 AM CAMO Pollution $620.00 7DBLC CAMO Pollution $780.00 Central Hudson $3,023.67 77.57 Marshall/Sterling $130,932.17 $31,323.8 NYComCo $258.00 NYComCo $301.00 NYComCo $1,340.00 Poughkeepsie Journal $65.03 Royal Carting $9,318.12 Southern Dutchess $40.11 News Home Depot $226.06 Mid Hudson Fasteners $597.60 Sedore/Company $2,356.00 Bottini Fuel $151.00 Frontier $22.43 Communication West Publishing $229.50 Sir Speedy $18.38 State Comptroller Chemung Supply $1,260.00 CSEA $1,967.76 Williams Lumber $137.66 General Code $1,931.75 Publishers Hudson River $352.30 Truck/Trail Hudson River $238.56 Truck/Trail Grainger $167.76 Staples $186.53 Staples $14.55 Staples $234.09 Zee Medical $61.06 Cablevision $259.65 Van Kleeck's Tire $379.49 Healy Chevrolet $503.62 Transcare $32,916.66 Community Energy 1.71 Interstate Refrig $714.00 Recovery Duality Inc $4,136.95 $538.05 R Costa $311.90 All State Morris Associates $6,176.80 $5,243.70 $6,801.25 Morris Associates $294.00 Stormwater Associates $50.00 Stormwater Associates Stormwater Associates Stormwater Associates KVS $230.00 KVS $172.50 Town o/'Woppinger Pnge 27 Printed 211 Y120(A Town Board Meeting Minutes FPhniary Q ')nncl United Rentals Christine Fulton $23.10 Susan Rose $25.08 Perfect Comfort $125.00 $795.63 Totals $159,509.81 $10,611.24 $32,916.66 $44,814.59 $79.28 Vendor LD LH SR T14 T92 WU CAMO Pollution CAMO Pollution Central Hudson $910.70 $2,659.37 Marshall/Sterling NYComCo NYComCo NYComCo Poughkeepsie Journal Royal Carting Southern Dutchess News Home Depot Mid Hudson Fasteners Sedore/Company Bottini Fuel Frontier Communication West Publishing Sir Speedy State Comptroller Chemung Supply CSEA Williams Lumber General Code Publishers Hudson River Truck/Trail Hudson River Truck/Trail Grainger Staples Staples Staples Zee Medical Cablevision Van Kleeck's Tire Healy Chevrolet Transcare Community Energy $42.45 $125.62 Interstate Refrig Recovery Duality Inc $42.50 R Costa All State $1,232.92 Morris Associates $2,351.80 $6,025.20 Morris Associates $2,119.55 $827.30 Stormwater Associates Stormwater Associates $875.00 Stormwater Associates $725.00 Stormwater Associates $50.00 KVS KVS United Rentals Christine Fulton Susan Rose Perfect Comfort Totals 1 $953.15 $2,784.99 $2,119.55 1 $1,232.92 $4,829.10 1 $6,067.70 Town of Wappinger Page 28 Printed 2/19/2009 Town Board Meeting Minutes February 9, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-89 A B Yes/Aye No/Nay Abstain Absent * Adopted Christopher Colsey Initiator 2 ❑ ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ $13,012.50 ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 2 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-90 Abstract of Claim 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 WU Abstain Speedy Rl Adopted $40.80 Voter Rl r92.,Sir Gellert/Klein $1,386.00Gellert/Klein ❑ Adopted as Amended William Beale Seconder Rl Associates $1,583.00Morris $5,189.60 $13,012.50 $989.80 $1,088.75 $2,6.90 Morris Associates $3,127.69 ❑ ❑ ❑ Tabled $490.50 Totals $11,286.29 $13,053.30 $989.80 $1,088.75 $2,977.40 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-90 Yes/Aye No/Nay Abstain Absent Rl Adopted Christopher Colsey Voter Rl ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder Rl ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 10 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 09, 2009 The Resolution is hereby duly declared adopted. XIII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy The meeting adjourned at 9:20 PM. Joh*CasteErson Town Clerk Torrrr of 6Ynppinger Page 29 Printed 2/19/2009