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2009-03-23 RGMTown of Wappinger 20 Middlebush Road Town Board Meeting Wappingers Falls, NY 12590 g townofwappinger.us Agenda - Chris Masterson 845-297-5771 Monday, March 23, 2009 7:00 PM Town Hall 7:00 PM Meeting called to order on March 23, 2009 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Public Portion V. Minutes Approval Monday, February 23, 2009 Tuesday, March 10, 2009 VI. Correspondence Log 2009-109. Resolution Authorizing the Acceptance of the Correspondence Log VII. Executive Session 1. Town Board Interview of BAR Candidates & Assessor's Aide - Colsey 2. Cranberry Litigation 3. Attorney Advice on Potential Inter -Municipal Contract 2009-122. Confidential Executive Session Resolution No. 2009-122 2009-123. Resolution Authorizing Commencement of Litigation against Delinquent Out of Area Sewer Users VIII. Discussions A. Rockingham Curbs IX. Resolutions 2009-92. Resolution Accepting Modification to the Rules of the Town Board of the Town of Wappinger 2009-124. Resolution Authorizing Seasonal Recreation Employees in the Town of Wappinger Gymnastics Program 2009-125. Resolution to Authorize Purchase Orders for the Town Water and Sewer Department 2009-126. Resolution Authorizing Entry into Design Services Agreement for Joint Community Center Feasibility Study 2009-127. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-128. Resolution Establishing the Pay Scale for Seasonal Parks and Maintenance Employees in the Town of Wappinger 2009-129. Resolution Authorizing Site Improvements as Undertaken by the Boy Scouts at Carnwath Park 2009-130. Resolution to Authorize Purchase Orders for the Town Recreation Department for Annual Tick Control 2009-131. Resolution Establishing the Pay Scale for Seasonal Park Custodian Employees in the Town of Wappinger 2009-132. Resolution Appointing Vice -Chairperson of the Town of Wappinger Recreation Commission 2009-133. Resolution Authorizing the Town Personnel and Labor Attorney to Review the Draft Personnel Policy Manual 2009-134. Resolution for Recreation to Purchase Clay for the Robinson Lane Recreation Complex 2009-135. Resolution Endorsing Vote for Howland Public Library to be Held Simultaneously with Vote for School District Budget for Beacon City School District 2009-136. Resolution Confirming Executive Session Actions Pertaining to Gulf Oil Limited Partnership and Cumberland Farms, Inc 2009-137. Resolution Introducing Local Law No. of the Year 2009, Designating a Three -Way Full Stop Intersection at the Intersection of Beatty Road and Pye Lane 2009-138. Resolution Appointing Members to the Town of Wappinger Planning Board 2009-139. Resolution Awarding Bids for Town of Wappinger Gasoline, #2 Fuel Oil, Diesel Fuel, Waste Removal and Highway Infrastructure Materials and Supplies Town of Wappinger Page 1 Printed 3/20/2009 Town Board Meeting Agenda March 23, 2009 2009-140. Resolution Introducing Local Law No _ of 2009 Amending the Zoning Law So as to Include Pawn Shops as a Special Permit Use in the Highway Business (HB) and Highway Design (HD) Zoning Districts 2009-141. Resolution Waiving Thirty Day Liquor Authority License Renewal Hold Period for Wappinger Elks Lodge 2609 2009-142. Resolution Introducing Local Law No — of the Year 2009, Creating Chapter 99 of the Code of the Town of Wappinger Entitled "Collateral Loan Brokers (Pawnbrokers)" X. Items for Special Consideration XI. New Business XII. Town Board Review of Vouchers A. Town Board Execution of Serial Bond Contract for 2009 XIII. Adjournment Town of Wappinger Page 2 Printed 3/20/2009 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes — Chris Masterson 845-297-5771 Monday, March 23, 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 Christopher Colsey Town of Wappinger William Beale Town of Wappinger Vincent Bettina Town of Wappinger Maureen McCarthy Town of Wappinger Joseph Paoloni Town of Wappinger Al Roberts Town of Wappinger Bob Gray Town of Wappinger David Stolman Town of Wappinger Graham Foster Town of Waimineer II. Salute to the Flag III. Adoption of Agenda Motion To: adopt the Agenda Title Supervisor Councilman Councilman Councilwoman Councilman Town Attorney Engineer to the Town Town Planner Highway Superintend RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni IV. Public Portion Motion To: suspend the Rules for public input RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Public Comments on the Agenda Status Arrived Present Present Present Present Present Present Present Present it Present Councilman Bettina made a motion to suspend the Rules for public input. The motion was seconded by Councilman Beale and passed unanimously. Supervisor Colsey opened the floor to the public. Nick Johnson was the first resident to speak. Mr. Johnson asked who of the Board Members, or their relatives, would be directly benefited by the Rockingham curb project. He then asked if the Board has gone out and looked at the curbing. Finally, he asked if the people want granite curbing for $4,000,000. He feels that there are better ways to spend money, such as processing water at the water plant or repairing the Highway garage. He closed by saying that he and his neighbors are opposed to the project. Councilman Paoloni answered that this is something that was the responsibility of the Town 40 years ago. The bond to make the repairs has already been approved. So, his question is why haven't any in-kind repairs been done. Councilwoman McCarthy added that the topic came up at the request of the residents of Rockingham. She then summarized the events and discussions regarding this topic so far. John Rossero was the next resident to speak. He commented on the fact that Councilman Paoloni was supporting the curb project, since the Councilman represents Royal Ridge. He claimed that Royal Ridge has had a water problem for 40 years. He also wanted to know why the notices went to Rockingham and not to the whole Town. Councilwoman McCarthy replied that the Town Board decided to send the notices to the residents that are directly impacted. Councilman Paoloni explained to the resident that he does in fact represent portions of Town of Wappinger Page I Printed 419/2009 Town Board Meeting Minutes March 23, 2009 Rockingham. Discussion followed. The next resident to speak was Deborah Basher. The curbs at her address are not in bad shape. Her concern is what will happen with their lawns. She also wants to know what will happen with the roads. Councilwoman McCarthy noted that the Board will be discussing that. Discussion followed. Alex Czarniecki spoke next. He noted that he is an engineer. He mentioned that he had flooding in the past and asked for a Swale to be put in to correct the problem. The Swale worked. He doesn't know why the Town is talking about granite and concrete curbs, if there are cheaper solutions. He then commented on the water system work that would need to be done. He recommended only patching the curbs until the Town understands what is going to be needed to repair the water supply. Mr. Czarniecki also noted that the whole Country is facing a difficult time. He feels this may not be a good time to be spending money. Discussion followed. Supervisor Colsey discussed the cost impacts of proceeding with the project. The resident then discussed the Atlas Water System. The next to speak was Kenny Michelin. He doesn't care what curbs are going to be put in. His property has a catch basin that is ineffective. Due to road resurfacing, there is no curb in front of his house anymore. Discussion followed. Councilman Paoloni asked who was sponsoring the Resolution pertaining to the Planning Board appointment. Supervisor Colsey answered that he is sponsoring it and names are inserted already with the hopes of putting the issue to rest. Councilman Paoloni made a motion to appoint Connie Smith as a Planning Board Member. Councilwoman McCarthy seconded the motion. Supervisor Colsey asked if he could first reinstate the Rules. Councilman Paoloni noted that he would like to vote first. Supervisor Colsey replied that he would like to close the public portion. Councilman Paoloni answered that he would like it addressed first. Supervisor Colsey again stated that he would like to make a motion to reinstate the Rules. Councilman Paoloni again noted that there is a motion to appoint Connie Smith and there is a second. Supervisor Colsey called for a vote on the motion. The motion failed with Councilman Paoloni and Councilwoman McCarthy voting "Aye", Councilman Beale and Supervisor Colsey voting "Nay" and Councilman Bettina abstaining. Councilman Beale asked to note that the candidate was not interviewed. Discussion followed. Councilman Paoloni made a motion to reinstate the Rules. The motion was seconded by Councilman Bettina and passed unanimously. Motion To: appoint Connie Smith to the Planning Board RESULT: DEFEATED [2 TO 21 MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Maureen McCarthy, Joseph Paoloni NAYS: Christopher Colsey, William Beale ABSTAIN: Vincent Bettina Motion To: Reinstate the Rules RESULT: ADOPTED [UNANIMOUS] I MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni V. Minutes Approval Monday, February 23, 2009 * Accepted ❑ Accepted as Amended ❑ Tabled Christopher Colsey William Beale Vincent Bettina Maureen McCarthy Yes/Aye Voter a Voter Seconder Initiator No/Nay Abstain Absent Printed 4/9/2009 Page 2 Town of Wappinger Town Board Meeti Minutes March 23, 2009 Tuesday, March 10, 2009 RI Adopted ❑ Adopted as Amended ✓ Vote Record - Acceptance of Minutes for March 10, 2009 7:00 PM Voter Yes/Aye p No/Nay ❑ Abstain ❑ Absent p Accepted Christopher Colsey Voter Yes/Aye p No/Nay ❑ Abstain Absent ❑ Accepted as Amended William Beale Voter R ❑ ❑ ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder p ❑ ❑ ❑ Maureen McCarthy Initiator R p ❑ ❑ Jose h Paoloni Voter R 0 ❑ VI. Correspondence Log RESOLUTION: 2009-109 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 put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-109 RI Adopted ❑ Adopted as Amended Christopher Colsey , Voter Yes/Aye p No/Nay ❑ Abstain ❑ Absent ❑ Defeated William Beale Voter R p ❑ ❑ 0 ❑ Tabled Vincent Bettina Initiator R p O ❑ ❑ Withdrawn Maureen McCarthy Seconder EI ❑ 0 ❑ 1— 1, Paoloni Voter p ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. VII. Discussions A. Rockingham Curbs Supervisor Colsey opened the discussion at 7:31 PM. Bob Gray, Engineer to the Town, was present to give a follow-up presentation for the Rockingham Curbs project. Mr. Gray discussed the current condition of the curbing throughout Rockingham. He then discussed the various alternatives that exist to repair the curbs. He also mentioned the possibility of replacing all water services first. That idea has been eliminated and they are focusing on just doing the curb work. As services are replaced, there would be patches in the road. Eventually, there would be a paving job done. Right now, the roads seem to be in pretty good shape. Mr. Gray went on to explain the work that would be done and the costs associated with the work. Councilwoman McCarthy noted that Mr. Gray made a presentation with original figures that are much lower than he now has. The public has been told a total sum that is now approximately double what was published. She has no confidence in the numbers that he gave the Board and no confidence that hegenuinely did the work to put together a good proposal. She stated that she is furious that the Engineer misled the public and the Board with a shoddy presentation. Mr. Gray replied that he did not have all of the infonnation at that Meeting. Councilwoman McCarthy felt there should not have been a presentation without all of the infonnation. Graham Foster, Highway Superintendent, discussed another method that may be possible to repair the curbs. His alternate method would be sufficient until the next time the road is paved. He will look into the option with the Town Engineer. He discussed the procedure. Supervisor Colsey asked about the option of pouring new concrete over the old concrete. Mr. Foster explained what would need to be done for this to be effective. Discussion followed. Councilwoman McCarthy noted that Mr. Foster just came up with the idea today and has no idea if it is going to work. She feels that it is embarrassing to assemble the public and then "fly by the seat of your pants". She apologized to the residents. She went on to say that, in the 6 years that they've been talking about Rockingham curbs, Mr. Foster has never come up with drilling holes in the curb as an option. She noted that she cannot support that. Mr. Foster answered that he calve up with an idea and explained it to the Board at the request of the Supervisor. He noted that he hasn't seen the Councilwoman come up with any ideas. Councilwoman McCarthy replied that it isn't her job to do concrete. Supervisor Colsey thanked Mr. Foster for trying to think outside of the box. Town of Wappinger Page 3 Printed 4/9/2009 Town Board Meeting Minutes March 23, 2009 Councilman Beale noted that he would like to make sure there is a plan in place so that the Town doesn't go 40 years without fixing curbs. He would like to prioritize the areas that need emergency repairs and focus on those areas at this time. He also recommended using force labor to do the work. He asked if it was true sthe Member then gaBudget for curb repair. Mr. Foster confirmed. Discus on followed. Each Board ve statements as to their position on this issue. Councilman Bettina asked about the pipes that would need to be replaced. Mr. Foster noted that CAMO Pollution Control had to close Tor Road for repairs. There were also plans to do repairs at Doyle Drive as well. Councilman Bettina would like to fix the pipes and fix the curbs at the same time. Councilwoman McCarthy noted that these are two different funding pockets. She does not want these projects married together in order to roadblock the project and make it seem like one is dependent on the other. Supervisor Colsey did not understand why she was claiming that they were attempting to roadblock the project. He went on to say that he has gone on record that he would like to do the work once and do it right. Mr. Foster and Councilman Bettina agreed that it should be done once. Discussion followed. The Board then went on to discuss the water system breaks that are occurring. Councilman Beale again noted that it seems that everything is breaking all at once. He feels that the Town should have a solid capital plan in place. Councilman Paoloni replied that there was not only a plan, but also a bond approved. He feels that the question is more about why the money hasn't been drawn down on. Discussion followed. Supervisor Colsey opened the floor to the public. Sal Bertollini was the first to comment. He described several of the curb and pavement issues in Rockingham. He feels that the residents that have damaged curbs should be done first. Another resident commented that there is a sewer near her house that seems to be sinking. Phil Marsh spoke next. He asked if it was correct that there was 50,000 feet of curbing in Rockingham. Mr. Gray answered that it was approximately 50,000 feet. Of that, approximately 1000 feet on Regency Drive are most urgent. Discussion followed. Mr. Foster noted that there are no funds to do any work at all and that the Highway budget has been completely depleted. Councilwoman McCarthy stated that that was not correct and that there was the remainder of the bond that was approved in 2003. Councilman Paoloni asked what Highway budget has been depleted. Mr. Foster replied that the Councilman is well aware of the memos that he sent that point out that his Highway budget in 1990 was $59,000 less than he has in 2009. The money has continually been taken from the Highway Department and given to other programs that he feels are not essential. This is why they have the problem that they have now. Councilman Paoloni pointed out that many repairs are done on capital programs. The Highway Department gets over $2,000,000 for repairs and all kinds of other things. He again asked where Mr. Foster was out of money. Mr. Foster replied that all the Councilman has to do is look at the line items. The Councilman then noted that he was the one that tried to push back the paving for a year to save money, and that money got spent anyway. Discussion followed. The Board and Town professionals then fielded more questions about the curbs and the water pipes from the audience. Councilman Paoloni noted that any new development would have to create its own district to put curbs in, such that the cost would be borne by the district. The Councilman then asked the Highway Superintendent and Engineer to the Town to look into the water problem that the Royal Ridge resident brought up. Councilwoman McCarthy also asked that they look at the catch basin on Scott Drive that the other resident brought up. Councilman Paoloni pointed out that this was a new issue to him. Supervisor Colsey noted that it was a new issue to him as well. Supervisor Colsey closed the discussion at 8:32 PM. VIII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni ........ _.............. _. _.. . A. Town Board Interview of BAR Candidates & Assessor's Aide - Colsey B. Cranberry Litigation C. Attorney Advice on Potential Inter -Municipal Contract Town of Wappinger Page 4 Printed 4/9/2009 Town Board M IX. Minutes Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Resolutions RESOLUTION: 2009-92 March 2-i ?nn4 Resolution Accepting Modification to the Rules of the Town Board of the Town of Wappinger WHEREAS, to ensure the orderly conduct of Town Board business, the Town Board annually re -affirms the adoption of a set of rules entitled "Rules of the Town Board of the Town of Wappinger" governing the Town Board; and WHEREAS, the Town Board of the Town of Wappinger re-affinned the adoption of the "Rules of the Town Board of the Town of Wappinger," as the governing rules of the Town Board, on January 5, 2009, at the Annual Reorganization Meeting; and WHEREAS, the Town Board subsequently reviewed the Rules and suggested certain modifications to the document; and WHEREAS, the Town Clerk provided the Town Board with a copy of the revised document at the January 26, 2009 Town Board Meeting, and requested advice on any further revisions; and WHEREAS, the Town Clerk has provided a copy of the final draft of the revised "Rules of the Town Board of the Town of Wappinger," which incorporates any and all modifications in advance of the February 23, 2009 Meeting 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 accepts the revisions to the "Rules of the Town Board of the Town of Wappinger," as presented in the final draft, as offered by the Town Clerk in advance of the February 23, 2009 meeting. 3. The Town Board hereby adopts the revised version of the "Rules of the Town Board of the Town of Wappinger," and directs the Town Clerk to provide a final copy of the Rules to each member of the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-92 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 0 0 ❑ 0 Tabled Vincent Bettina Voter 0 ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 0 0 ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby tabled. RESOLUTION: 2009-124 Resolution Authorizing Seasonal Recreation Employees in the Town of Wappinger Gymnastics Program WHEREAS, the Town of Wappinger Gymnastics program incurred three vacancies after the start of the 2009 program; and WHEREAS, the Gymnastics Director recommended Karolina Harchenko to fill a vacancy as a Gymnastics Assistant Instructor at the hourly rate of $7.15, from budget line A7140.103; and WHEREAS, the Gymnastics Director recommended Kristen Rose and Danielle Rose as voluntary Gymnastic Assistants Torn of Wappinger Page 5 Prinled 4/9/2009 Board Minutes March 23, 2009 NOW, THEREFORE, BE IT RESOLVED, that Recreation Chairman Ralph Holt is hereby authorized to initiate Seasonal/Part-time employment with Karolina Harchenko as a Gymnastics Assistant Instructor at the hourly rate of $7.15 from budget line A7140.103, in accordance with the practices and policies of the Town of Wappinger. BE IT FURTHER. RESOLVED, that Kristen Rose and Danielle Rose are authorized to serve as voluntary Gymnastic Assistants. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-124 yes/Aye No/Nay Abstain Absent 0 AdoptedChristopher Colley Voter ❑ ❑ 0 ❑ ❑ 0 ❑ � ❑ Adopted as Amended William Beale Voter � ❑ ❑ Defeated ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ - ❑ ❑ ❑ TabledMaureen McCarthy . Initiator 0 11 ❑ ❑ ❑ Withdrawn Josenh Paoloni Seconder 0 Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-125 Resolution to Authorize Purchase Orders for the Town Water and Sewer Department WHEREAS, the Water and Sewer Department Clerk has requested a purchase order for the purchase of Fifty (50) 5/8 x 3/4 SRII Water Meters with connection hardware manufactured by Sensus Technologies at a per unit cost of $97.55 for a total cost of Four Thousand, Eight Hundred Seventy -Seven Dollars and 50/100 ($4,877.50); and WHEREAS, the aforementioned water meters are manufactured by a sole source, Sensus Technologies, and available for purchase through Team ESP Clifton Park -NY, 198 Ushers Road, Round Lake, NY, 12151 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes a Purchase Order in the amount of Four Thousand, Eight Hundred Seventy -Seven Dollars and 50/100 ($4,877.50), payable from Account WU8340.400, for the purchase of Fifty (50) 5/8 x 3/4 SRII Water Meters, with associated connection hardware, manufactured by Sensus Technologies to be purchased from Team ESP Clifton Park -NY, 198 Ushers Road, Round Lake, NY, 12151. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-125 Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 4 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder Rl ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-126 Resolution Authorizing Entry into Design Services Agreement for Joint Community Center Feasibility Study WHEREAS, the Town of Wappinger and the Village of Wappingers Falls are in need of new and expanded recreation facilities and the two municipalities are interested in determining the feasibility of creating a shared Community Center in Veteran's Park, located within the Town and the Village; and WHEREAS, the Town of Wappinger as lead municipality and the Village of Wappingers Falls have made application to Congressman John Hall's Office for federal grant money for this Project; and WHEREAS, the Town of Wappinger and the Village of Wappingers Falls desire to conduct a feasibility study to determine if the sharing of a Community Center would be beneficial to the municipalities; and Town of Wappinger Page 6 rrtntea wyizuu) Town Board Meeti Minutes March 23, 2009 WHEREAS, the Town of Wappinger and the Village of Wappingers Falls have been presented with a proposed Design Services Agreement with Pouder Design Group, a copy of which is attached hereto as Exhibit A; and WHEREAS, the actual construction and implementation of a Shared Community Center between the Village of Wappingers Falls and the Town of Wappinger will not take place unless there is a positive recommendation from the feasibility study and is further subject to the approval of an appropriate shared municipal agreement pursuant to Article 5-G of the General Municipal Law upon terms agreeable to both municipalities. 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 accepts the terms and conditions set forth and contained in the "Agreement for Design Services between the Village of Wappingers Falls and Town of Wappinger and the Pouder Design Group, LLC for a Community Center Building Feasibility Study at Veteran's Park," a copy of which is annexed hereto as Exhibit A. 3. The Supervisor of the Town, Christopher Colsey, is hereby directed and authorized to execute "Agreement for Design Services between the Village of Wappingers Falls and Town of Wappinger and the Pouder Design Group, LLC for a Community Center Building Feasibility Study at Veteran's Park" on behalf of the Town of Wappinger. 4. The Town Board authorizes and designates Supervisor Christopher Colsey to execute any other necessary documents that are required with respect to the Agreement. 5. The Town Board approves the expenditure of an amount not to exceed $3,500.00 for the Feasibility Study. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-126 ❑ Adopted ❑ Christopher Colsey Seconder Yes/Aye ❑ No/Nay Abstain Absent Adopted as Amended p 0 ❑ ❑ Defeated William Beale Voter ❑ Rl 0 0 0 Tabled Vincent Bettina Voter RI 0 ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator E1 0 ❑ 0 Jose h P. 1011i Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby tabled. RESOLUTION: 2009-128 Resolution Establishing the Pay Scale for Seasonal Parks and Maintenance Employees in the Town of Wappinger WHEREAS, the Chairman of the Town of Wappinger Recreation Commission issued a memo dated March 16, 2009, entitled "Seasonal Employees", and therein has requested approval for the following seasonal parks and maintenance employee schedules: NAME START DATE Robert Sheridan March 26 Bernie Roe March 26 Frank McKinney April 13 John Migliore April 20 Vincent LaVacca April 20 Max Dolenk June 22 WHEREAS, the Town of Wappinger Final Budget for Fiscal Year 2009, as adopted on November 19, 2008, has provided for seasonal employee salaries from budget lines A7110.103, A7110.104, A7110.106, and A7110.107. NOW, THEREFORE, BE IT RESOLVED, that Recreation Chainnan Ralph Holt is hereby authorized to initiate Seasonal/Part-time employment with the aforementioned in accordance with the practices and policies of the Town of Wappinger and in compliance with the hourly rates of pay within the Town of Wappinger Final Budget for Fiscal Year 2009. BE IT FURTHER RESOLVED, that Recreation Chairman Ralph Holt is to provide written advice to the Town Board, no later than September 30, 2009, in respect to the annual tennination schedule of the seasonal employees. Town of Wappinger Page 7 Printed 4/9/2009 Town Board Meeting Minutes March 23, 2009 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-128 Yes/Aye No/Nay Abstain Absent 0 Adopted er Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amendedeale Voter ❑ ❑ ❑ ❑ Defeated ettina TMaureen Seconder � 0 ❑ ❑ ❑ Tabled McCarthy Initiator ❑ Withdrawn oloni Voter Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-129 Resolution Authorizing Site Improvements as Undertaken by the Boy Scouts at Carnwath Park WHEREAS, the Town Board is the custodian of the lands and structures at the Carnwath park; and WHEREAS, the Boys Scouts have proposed the following two projects at Carnwath Park for the purpose of achieving certain organizational awards, certification or badges: l . Troop No. 25 - Installation of two (2) park benches and additional work on the site pedestrian trail; and 2. Troop No. 26 - Development of a "nature trail" which would identify various natural site features and species; and WHEREAS, the Town of Wappinger Recreation Chairperson shall serve to oversee the projects, and has offered a memo of support dated March 16, 2009; and WHEREAS, the Town of Wappinger Recreation Department shall supply the Town owned benches, and purchased concrete for the installation NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes Boy Scout Troops Nos. 25 and 26 to undertake improvements, which include the installation of park benches, clean-up work to the existing pedestrian trail, and development of a "nature trail" at the Carnwath Park with oversight by the Town of Wappinger Recreation Chairperson. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-129 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-130 Resolution to Authorize Purchase Orders for the Town Recreation Department for Annual Tick Control WHEREAS, the Recreation Committee has requested three purchase orders for tick control measures at Town of Wappinger parks for 2009, through a memo dated March 6, 2009; and WHEREAS, the Recreation Commission received bids as follows, copies of which have been provided to the Town Board in support of this resolution: Company Bid Bug Busters Pest Control $3,358.34 per visit Craig Thomas Pest Control $3,960.00 per visit N.Y. Tick Control $4,300.00 per visit WHEREAS, the lowest bidder for tick spraying is Bug Busters Pest Control, at a cost of Town of Wappinger Page 8 Printed 4/9/2009 Town Board Meetin Minutes March 23, )nnn Three Thousand, Three Hundred Fifty -Eight Dollars and 34/100 $3 358.34 ) per visit, for an annual total expenditure of Ten Thousand, Seventy -Five Dollars and 00/100 ($10,075.00), from Budget Line A-7110.434 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. Three purchase orders are hereby authorized in the amount of Three Thousand, Three Hundred Fifty -Eight Dollars and 34/100 ($3,358.34), payable to Bug Busters Pest Control from Budget Line A-7110.434. 3. Supervisor Christopher Colsey is hereby authorized and directed to sign, on behalf of the Town, the contract between the Town of Wappinger and Bug Busters Pest Control, copies of which have been provided to the Town Board in support of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2009-130 0 Adopted ❑ Adopted as Amended Christopher Colsey Voter Yes/Aye 0 No/Nay ❑ Abstain Absent ❑ . Defeated William Beale Initiator 21 0 ❑ ❑ ❑ 0 ❑ Tabled Vincent Bettina Seconder RI 0 ❑ ❑ Withdrawn Maureen McCarthy Voter p ❑ ❑ ❑ Jose h Paoloni Voter RI ❑ ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2009-131 ........................ RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] William Beale, Councilman Christopher Colsey, Supervisor Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2009-131 Resolution Establishing the Pay Scale for Seasonal Park Custodian Employees in the Town of Wappinger WHEREAS, the Chairman of the Town of Wappinger Recreation Commission issued a memo dated March 16, 2009, entitled "Seasonal Employees" and therein has requested approval for the following seasonal parks and maintenance employee schedules: NAME START DATE LOCATION Maricelle Diaz April 1 Robinson Lane Theresa DeRosa May 11 Castle Point/Reese WHEREAS, the Town of Wappinger Final Budget for Fiscal Year 2009, as adopted on November 19, 2008, has provided for seasonal employee salaries from budget line A7110.105 and; NOW, THEREFORE, BE IT RESOLVED, that Recreation Chainnan Ralph Holt is hereby authorized to initiate Seasonal/Part-time employment with the aforementioned in accordance with the practices and policies of the Town of Wappinger and in compliance with the hourly rates of pay within the Town of Wappinger Final Budget for Fiscal Year 2009. BE IT FURTHER RESOLVED, that said employees shall be compensated on an hourly basis at the rate of minimum wage in accordance with the standards of the NYS Department of Labor minimum wage laws, and such employees shall report their hours weekly in written form as approved by the Recreation Chairman. BE IT FURTHER RESOLVED, that Recreation Chairman Ralph Holt is to provide written advice to the Town Board, no later than September 30, 2009, in respect to the annual tennination schedule of the seasonal employees. Town of Wappinger Page 9 Printed 4/9/2009 Tnrnrn anarrl Meeti Minutes March 23, 2009 Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-132 Resolution Appointing Vice -Chairperson of the Town of Wappinger Recreation Commission WHEREAS, the Town of Wappinger Recreation Commission has a vacancy in the position of Vice -Chairperson; and WHEREAS, the Recreation Commission provides oversight to the recreational programs within the Town of Wappinger throughout the calendar year; and WHEREAS, circumstances arise upon which the Recreational Chairperson is unavailable to carry out the duties of the position; and WHEREAS, the Chairperson of the Recreation Commission has recommended Gary Trudell as a candidate for the role of Vice -Chairperson of the Town of Wappinger Recreation Commission, in a memo dated March 16, 2009 NOW, THEREFORE, BE IT RESOLVED, that Gary Trudell is hereby appointed as Vice -Chairperson of the Town of Wappinger Recreation Commission for calendar year 2009. The foregoing was put to a vote which resulted as follows: which resulted as follows: ✓ Vote Record - Resolution RES -2009-132 Yes/Aye The foregoing was put to a vote Absent 0 Adopted Christopher Colsey Voter ✓ Vote Record - Resolution RES -2009-131 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator Voter ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ❑ Initiator ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ Joseph Paoloni ❑ 0 ❑ Withdrawn Insenh Paoloni Voter ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-132 Resolution Appointing Vice -Chairperson of the Town of Wappinger Recreation Commission WHEREAS, the Town of Wappinger Recreation Commission has a vacancy in the position of Vice -Chairperson; and WHEREAS, the Recreation Commission provides oversight to the recreational programs within the Town of Wappinger throughout the calendar year; and WHEREAS, circumstances arise upon which the Recreational Chairperson is unavailable to carry out the duties of the position; and WHEREAS, the Chairperson of the Recreation Commission has recommended Gary Trudell as a candidate for the role of Vice -Chairperson of the Town of Wappinger Recreation Commission, in a memo dated March 16, 2009 NOW, THEREFORE, BE IT RESOLVED, that Gary Trudell is hereby appointed as Vice -Chairperson of the Town of Wappinger Recreation Commission for calendar year 2009. The foregoing was put to a vote which resulted as follows: Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-133 Resolution Authorizing the Town Personnel and Labor Attorney to Review the Draft Personnel Policy Manual WHEREAS, to ensure orderly Town of Wappinger business as it pertains to the rights, conduct and benefits of its employees, the Town Board was presented with Resolution 2008-89 to revise its Personnel Policy/Manual and establish a Personnel Committee on March 10, 2008; and WHEREAS, the Town Board adopted the current Town of Wappinger Personnel Policy/Manual on May 29, 2001; and WHEREAS, significant changes to policies and statutes related to Labor and Personnel matters have occurred since the adoption of the current Policy/Manual; and WHEREAS, the Town Board adopted Resolution 2008-89 on April 14, 2008; and WHEREAS, the Personnel Committee subsequently reviewed the current Personnel Policy/Manual and suggested certain modifications to the document; and WHEREAS, the Town Supervisor provided the Town Board with a draft copy of the revised document on January 26, 2009, for their review and consideration; and WHEREAS, the Town Board believes it to be in the best interest of the Town of Wappinger to have such draft copy of the revised Personnel Policy reviewed by the Town's Personnel and Labor Attorney prior to any further action. NOW, THEREFORE, BE IT RESOLVED: Torn of Wappinger Page 10 Printed 4/9/2009 ✓ Vote Record - Resolution RES -2009-132 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ - ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-133 Resolution Authorizing the Town Personnel and Labor Attorney to Review the Draft Personnel Policy Manual WHEREAS, to ensure orderly Town of Wappinger business as it pertains to the rights, conduct and benefits of its employees, the Town Board was presented with Resolution 2008-89 to revise its Personnel Policy/Manual and establish a Personnel Committee on March 10, 2008; and WHEREAS, the Town Board adopted the current Town of Wappinger Personnel Policy/Manual on May 29, 2001; and WHEREAS, significant changes to policies and statutes related to Labor and Personnel matters have occurred since the adoption of the current Policy/Manual; and WHEREAS, the Town Board adopted Resolution 2008-89 on April 14, 2008; and WHEREAS, the Personnel Committee subsequently reviewed the current Personnel Policy/Manual and suggested certain modifications to the document; and WHEREAS, the Town Supervisor provided the Town Board with a draft copy of the revised document on January 26, 2009, for their review and consideration; and WHEREAS, the Town Board believes it to be in the best interest of the Town of Wappinger to have such draft copy of the revised Personnel Policy reviewed by the Town's Personnel and Labor Attorney prior to any further action. NOW, THEREFORE, BE IT RESOLVED: Torn of Wappinger Page 10 Printed 4/9/2009 Town Board Meeti Minutes March 23, 2009 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby assigns the draft version of the revised "Town of Wappinger Personnel Policy/Manual," to the Town's Personnel'and Labor Attorney for review and comment. The foregoing was put to a vote which resulted as follows: cord - Resolution RES -2009-133 Yes/Aye No/Nay Abstain rV—ote—Re Adopted Adopted as Amended Christopher Cols Voter Yes/Aye p No/Nay ❑ Abstain Absent ❑ Defeated William Beale Voter 21 0 0 E El ❑ Tabled Vincent Bettina Seconder p ❑ Tabled ❑ Seconder ❑ Withdrawn Maureen McCarthy Initiator El ❑ ❑ ❑ Jose h Paoloni Voter 0 ❑ ❑ ❑ Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-134 Resolution for Recreation to Purchase Clay for the Robinson Lane Recreation Complex WHEREAS, Town of Wappinger Recreation Chairman, Ralph Holt, has submitted a written request, dated March 17, 2009, for the purchase of twenty-five (25) tons of Beam Clay for the Robinson Lane Complex at the cost of Two Thousand, Six Hundred Twenty -Five Dollars and 00/100 ($2,625.00); and WHEREAS, Partac Peat is a sole source provider of Beam Clay within the reasonable delivery area of the Town of Wappinger as verified by the Recreation Chairman, as further verified within the memo of March 17, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the purchase of twenty-five (25) tons of Beam Clay for the Robinson Lane Complex at the cost of Two Thousand, Six Hundred Twenty -Five Dollars and 00/100 ($2,625.00) from Budget Line A-7110.431. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-134 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter El 0 ❑ ❑ ❑ Defeated William Beale Voter p 0 0 0 ❑ Tabled Vincent Bettina Seconder 21 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator p ❑ ❑ ❑ Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-135 Resolution Endorsing Vote for Howland Public Library to be Held Simultaneously with Vote for School District Budget for Beacon City School District WHEREAS, the Beacon City School District funds a portion of the operating budget of the Howland Public Library; and WHEREAS, the jurisdictional boundaries of the Beacon City School District extend into portions of the Town of Fishkill and the Town of Wappinger; and WHEREAS, in past years, the vote on the proposition for funding the Howland Public Library has been conducted simultaneously with the annual vote of the school budget for the Beacon City School District; and WHEREAS, the vote for funding of the Howland Public Library has been scheduled for April 2, 2009, at the Howland Public Library, 313 Main Street, Beacon, New York; and WHEREAS, the vote on the school budget for the Beacon City School District has been scheduled for May 19, 2009; and WHEREAS, a number of Town of Wappinger residents within the jurisdictional town of Wappinger Page 11 Printed 4/9/2009 Board Minutes March 23, 2009 boundaries of the Beacon City School District have expressed concern to Second Ward Councilman, Vincent Bettina, that limiting the vote on the funding of the Howland Public Library to one polling place would discourage eligible voters from voting because of limited space, long lines, potential long waiting times and insufficient parking for those voters who wish to cast their vote; and WHEREAS, Councilman Bettina endorses the request to have the vote on the funding of the Howland Public Library simultaneously with the vote for the school budget for the Beacon City School District, which is scheduled for May 19, 2009. 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 endorses the request of many Town of Wappinger residents who are in the jurisdictional boundaries of the Beacon City School District to have the vote on the funding of the Howland Public Library to be held simultaneously with the vote for the school budget for the Beacon City School District scheduled for May 19, 2009. 3. The Town Clerk is hereby directed to send a certified copy of this Resolution to the Board of Trustees of the Howland Public Library, and to the Trustees of the Board of Education for the Beacon City School District within forty-eight (48) hours of adoption of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-135 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ 0 ❑ • Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder ❑ 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ 0 Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby defeated. Motion To: amend Resolution 2009-137 ._.___..... ......_ . RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2009-137 Resolution Introducing Local Law No. of the Year 2009, Designating a Three -Way Full Stop Intersection at the Intersection of Deer Run Road and Pye Lane WHEREAS, the Town Board has received a request from a resident to establish a three-way full stop intersection at the intersection of Deer Run Road and Pye Lane; and WHEREAS, the Town Board has determined, after examination of the circumstances, to establish a three-way full stop intersection at the northerly intersection of Deer Run Road and Pye Lane; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992. 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 introduces for adoption Local Law No. of 2009 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (17). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Town of Wappinger Page 12 Printea 41YIZUUY Town Board Meeti Minutes Marrh ?4 ')nno Law No. of the Year 2009 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 13th day of April, 2009, at 7:00 P.M., and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. The foregoing was put to a vote which resulted as follows: te Record - Resolution RES -2009-137 rV:o: Adopted Adopted as Amended Christopher Colsey Voter Yes/AyeNo/Nay p ❑ Abstain Absent ❑ Defeated William Beale Voter p ❑ ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter p E ❑ ❑ Withdrawn Maureen McCarthy Seconder p ❑ ❑ Jos h Paoloni Initiator El ❑ E El 0 Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2009-138 RESULT: MOVER: SECONDER: AYES: NAYS: ABSTAIN: DEFEATED [2 TO 21 William Beale, Councilman Christopher Colsey, Supervisor Christopher Colsey, William Beale Maureen McCarthy, Joseph Paoloni Vincent Bettina RESOLUTION: 2009-139 Resolution Awarding Bids for Town of Wappinger Gasoline, #2 Fuel Oil, Diesel Fuel, Waste Removal and Highway Infrastructure Materials and Supplies WHEREAS, the Town of Wappinger Highway Superintendent solicited bids in accordance with Town Code Chapter 46: Procurement Policy; and WHEREAS, the Town of Wappinger Highway Superintendent opened and reviewed all bids on March 17, 2009 in the office of the Town Clerk and prepared a document entitled 2009 Town of Wappinger Bid Report, as forwarded to the Town Board in support of this resolution; and WHEREAS, the Town of Wappinger Highway Superintendent, in his memo dated March 18, 2009, as forwarded with the bid documents to the Town Board in support of this resolution, has recommended the following gasoline, #2 Fuel Oil and Diesel Fuel bids to be awarded, as follows: 1. Gasoline (89 Octane) at the cost of $0.35 per gallon over the Warex Terminal price be awarded to Bottini Fuel; 2. # 2 Fuel Oil at the cost $0.2990 per gallon over the New York Harbor Tank Car resellers price as calculated daily be awarded to Bottini Fuel; 3. Diesel Fuel Oil at the cost of $0.3315 per gallon over the New York Harbor Tank Car resellers price as calculated daily be awarded to Wilson Oil WHEREAS, the Town of Wappinger Highway Superintendent, in his memo dated March 18, 2009, as forwarded with the bid documents to the Town Board in support of this resolution, has recommended the bulk clean-up and recycling waster removal to be awarded to the Royal Carting Service Co., the sole bidder for this service; and WHEREAS, the Town of Wappinger Highway Superintendent, in his memo dated March 18, 2009, as forwarded with the bid documents to the Town Board in support of this resolution, has recommended the striping of town roads to be awarded to Atlantic Pavement Parking; and WHEREAS, the Town of Wappinger Highway Superintendent, in his memo dated March 18, 2009, as forwarded with the bid documents to the Town Board in support of this resolution, has received the following bids for various Town Highway infrastructure materials and supplies: Basins Recommended Award 24 x 24 x 24 CARMEL WINWATER WORKS CO. , (�i rr (ipIn rger Page 13 Printed 4/9/2009 Town Board Minutes 24 x 24 x 30 CHEMUNG 30 x 48 x 24 custom size CHEMUNG 30 x 48 x 30 CARMEL WINWATER WORKS CO. Catch Basin Risers (2" risel Recommended Award '/2" A 36 Mat'l Recommended Award CARMEL WINWATER WORKS CO. UP TO 550 SQ.IN. CHEMUNG 551-625 SQ. IN. CHEMUNG 626-730 SQ. IN. CHEMUNG 731-1133 SQ. IN. CHEMUNG OVER 1134 SQ. IN. CHEMUNG Manhole Lids Recommended Award 2" x 24 VELLANO BROTHERS 2" x 25 VELLANO BROTHERS 2" x 26 VELLANO BROTHERS Manhole Risers Recommended Award 2 x 24 CARMEL WINWATER WORKS CO. 2'/z x 25 3/8 CARMEL WINWATER WORKS CO. 2 x 25 % CARMEL WINWATER WORKS CO. Water Valve Risers Recommended Award CARMEL WINWATER WORKS CO. 6 x 1 CARMEL WINWATER WORKS CO. 6 x 2 CARMEL WINWATER WORKS CO. 6 x 3 71/2x 1 VELLANO BROTHERS 71/2 x 2 VELLANO BROTHERS 7'/z x 3 VELLANO BROTHERS Grates & Frames Recommended Award 24 x 24 VELLANO BROTHERS 30 x 30 VELLANO BROTHERS 30 x 48 VELLANO BROTHERS March 23, 2009 WHEREAS, the Town of Wappinger Highway Superintendent, in his memo dated March 18, 2009, as forwarded with the bid documents to the Town Board in support of this resolution, has received the following bids for various Town Highway road aggregate materials and supplies: Road Aiwre2ate Recommended Award Crushed Stone 1/4,3/8,1/2,5/8 and 1 '/2. Thalle Crushed Stone 3/ and 2 ''/2. Tilcon Bank Gravel Red Wing Properties West Hook Sand and Gravel Item 4 Washed Gravel '/ Red Wing Properties Washed Gravel 'h and 5/8 Rt. 82 Sand and Gravel Washed gravel 3/8, 3/, 1 '/2 2'/z West Hook Sand and Gravel Tailings West Hook Sand and Gravel Snow/Ice Aggregates Clove Excavators NOW, THEREFORE, BE IT RESOLVED, the Town of Wappinger Town Board hereby awards the bids in accordance with the written advice of the Highway Superintendent, as summarized in the body of this resolution and as provided within the document entitled 2009 Town of Wappinger Bid Report as attached to the memo dated March 18, 2009, along with all supporting bid documents as opened and reviewed on March 17, 2009 in the office of the Town Clerk. Town of Wappinger Page 14 Printed 4/9/2009 Town Board Meeting Minutes March 23, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-139 Q Adopted ❑ Adopted as Amended Christopher Colsey Voter Yes/Aye Q No/Nay Abstain Absent ❑ Defeated William Beale Voter Q ❑ ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator Q ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder Q ❑ ❑ ❑ Jose h Paoloni Voter Q ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2009-140 to include Public Hearing date of 4/27/09 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2009-140 Resolution Introducing Local Law No _ of 2009 Amending the Zoning Law So as to Include Pawn Shops as a Special Permit Use in the Highway Business (HB) and Highway Design (HD) Zoning Districts WHEREAS, the Town Board of the Town of Wappinger has detennined that the Zoning Law should be amended so as to include Pawn Shops as a Special Pen -nit Use in the Highway Business (HB) and Highway Design (HD) zoning districts (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. _ of 2009 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Detennination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Zoning Law. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2009 for 7:00 PM on the 27th day of April, 2009 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Zoning Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. Torn of Wappinger Page 15 Printed 4/9/2009 Town Board Meeti Minutes March 23, 2009 The foregoing was put to a vote which resulted as follows: Yes/Aye No/Nay Abstain Vote Record - Resolution RES -2009-140 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder D 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑El ❑ ❑ Withdrawn incrnh Paolonr Voter Voter 0 ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-141 Resolution Waiving Thirty Day Liquor Authority License Renewal Hold Period for Wappinger Elks Lodge 2609 WHEREAS, Wappinger Elks Lodge 2609, by letter received by the Town Clerk on March 19, 2009, has re-applied for their Liquor License with the New York State Liquor Authority as required by law; and WHEREAS, Wappinger Elks Lodge 2609 is a well known establishment in the Town of Wappinger and has operated without adverse incident affecting the Town of Wappinger or its residents; and WHEREAS, the Town Board of the Town of Wappinger takes no exception to the approval of the Liquor License and hereby waives its right to a thirty (30) day hold on Wappinger Elks Lodge 2609's application. 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 of the Town of Wappinger hereby waives its right to require a thirty (30) day hold upon Wappinger Elks Lodge 2609's Liquor License application. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-141 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ - ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paolom Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-142 Resolution Introducing Local Law No. —of the Year 2009, Creating Chapter 99 of the Code of the Town of Wappinger Entitled "Collateral Loan Brokers (Pawnbrokers)" WHEREAS, General Municipal Law Article 5 §40, et. al. requires a local municipality to issue a license to collateral loan brokers (commonly referred to as " pawnbrokers") as a condition of doing business in a municipality; and WHEREAS, the Town of Wappinger has not established criteria for the issuance of licenses to collateral loan brokers (pawnbrokers); and WHEREAS, the Town Supervisor was advised that a pawnbroker wishes to commence business in the Town of Wappinger; and WHEREAS, the Town Board is desirous of enacting a Local Law which will establish the criteria for issuing a license to collateral loan brokers consistent with the provisions of Article 5 of the General Business Law and Article 9 of the Town Law. WHEREAS, the Town Board determines that this is a Type Il action pursuant to 6 NYCRR 617.5 (c) (24) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of Town of Wappinger Page 16 Printea 41YIZUUY Town Board M Minutes March 2-1_ 2nn4 1992 or pursuant to 6 NYCRR Parts (617). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. of 2009 in the form annexed hereto. 3. The Town hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (24) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of 2009 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 13t1i day of April, 2009, at 7:00 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-142 � Adopted ❑ Adopted as Amended Christopher Colsey Voter Yes/Aye p No/Nay ❑ Abstain Absent ❑ Defeated William Beale Initiator p ❑ ❑ ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder Q p ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter p p ❑ 0 Joseph Paoloni Voter p p ❑ El Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. X. Items for Special Consideration XI. New Business New Business Councilman Bettina questioned weather or not the Board had the authority to waive the 30 day liquor license hold period. Al Roberts, Town Attorney, replied that the process takes nearly 30 days anyway. Councilman Paoloni mentioned a letter that a resident wrote concerning the recycle center. The letter listed 8 items and 6 items were totally wrong. The Councilman went on to explain all of the items and how they are incorrect. He feels that a statement should be made in support of the redesign of the recycle center. Councilwoman McCarthy asked what he was asking for support for. Councilman Paoloni replied that he is asking if the Board supports the redesign of the center to generate revenue and help pay for the $150,000 it takes to operate. Councilwoman McCarthy feels that the Recycle Center is a service that the Town provides. She is not sold on the redesign idea Councilman Paoloni feels a temperature should be taken to see if the Committee should continue, or if they are fighting against the current and wasting their time. Councilman Beale feels it is the Board's fiduciary responsibility to look at the increase in costs and try to create some revenue to make this more cost effective, especially after laying people off. Councilwoman McCarthy clarified that she is only saying that she is not in agreement on the direction that Councilman Paoloni thinks that she is. She is not prepared to say that she is on the same page. Councilman Paoloni clarified that he is simply asking the Board if the Committee should continue, based on the flood of people that have been coming in. Councilwoman McCarthy recommended setting aside a portion of discussion time for this topic. Councilman Paoloni and Councilman Beale replied that the problem is that there is a force that is disseminating misinformation pertaining to the Recycle Center. Discussion followed. Supervisor Colsey asked that each Board Member comment on the issue. Councilman Beale feels that there should be at least one more Committee meeting. He has posted a message on his website to help counter the misinformation that is being spread. Councilman Bettina feels that the Committee should gather information to present to the Board. Councilman Bettina then brought up a letter that was on the dais from the Village of Wappingers Falls to the Town of Wappinger Planning Board regarding the proposed Sonic Town of Wappinger Page /7 Printed 4/9/2009 Town Board Meeting Minutes March 23, 2009 A tha t the restaurant. Al Roberts explained the type of business that Sonic will be. He note Planning Board adopted a Resolution of contingent approval. He believes that the Village was not notified of the application until after the Planning Board had approved it. The Village is concerned with the water supply to the Hannaford Plaza. Mr. Roberts gave a brief history of the water issue in that plaza and neighboring area. Discussion followed. Councilwoman McCarthy feels that this may be a protest by the Village for being left out of the loop communication -wise. David Stolman, Town Planner, expladthe to know notification dropped the ball with the notification to s. Councilman Bettina stated that he wants the Village. Mr. Roberts noted that it is the applicant's engineer's responsibility to supply the Town with all interested or involved agencies. Councilwoman McCarthy asked that the Town follow up on Mr. Michelin's water issues on Carroll Drive. She also asked when the Board would be getting an update from Sedore & Co. about the financial audit. Supervisor Colsey noted that he spoke with Sedore and the Town Clerk had given thein nearly 2000 pages of documents to review. Sedore commented that they have gone through the documents but have not finalized the report. The report may be ready for the next Meeting. Councilwoman McCarthy noted that the Town has repeatedly given Sedore information related to the issue over the course of the month. She wanted to know what is taking so long. Discussion followed. Councilwoman McCarthy noted that Joseph Ruggiero, fonner Supervisor, had emailed documents on the day after the presentation of the audit. She recommended that the Board reevaluate the Town's auditing services. Councilman Paoloni mentioned a memo that was sent by Graham Foster, Highway Superintendent, pertaining to road paving requests. He is submitting his request for Sherwood Heights. Discussion followed. Councilman Beale brought up an issue with the Grinnell library Association. There is a discrepancy with the dollar amount that was budgeted compared to the amount on the voucher. He asked what is being done about it. Supervisor Colsey explained where the error came from and what was being done to correct it. Discussion followed. Councilman Beale then noted that he was contacted by the veterinarian in the Corporate Park complex. The office is going to begin operating 24/7. The concern is whether the sign could be left on at night. David Stolman will look into the matter. Supervisor Colsey noted that he fully supports moving forward with the ideas for the Recycle Center. He believes that people internal to Town Hall have been passing erroneous information before the process even began. Town Clerk Chris Masterson asked if the Recycle Center permits should be ordered in the meantime. Councilman Beale replied that the gate guard will allow people in with other proofs of residency. Discussion followed. The Town Clerk noted that Linda Bull, the New York State Archives Region 9 Regional Advisory Officer, had reached out to him, as a member of the Region 9 Records Advisory Committee, to ask the Town to support an Assembly Bill that would raise fees that are charged by the County Clerk for indexing records. Raising the fee would increase the amount of funding that goes into the LGRMIF grant money pool. The Town Clerk will provide the Town Board with supporting documentation. Councilman Paoloni asked that someone look into the Royal Ridge water issue that had been brought up. A resident of Royal Ridge was in the audience and commented that there is no water issue in the Royal Ridge subdivision. Supervisor Colsey will have Mike Tremper, of CAMO Pollution Control, look into the matter just to be safe. XII. Executive Session Motion To: go into Executive Session ..._.._.____........_. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 18 Printea 41viwu9 Town Board Meeting Minutes March 23, 2009 RESOLUTION: 2009-122 Confidential Executive Session Resolution No. 2009-122 Confidential The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2009-122 D Adopted ❑ Adopted as Amended Christopher Colsey Voter Yes/Aye p No/Nay p Abstain Absent ❑ Defeated William Beale Voter p 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter p ❑ 0 ❑ ❑ Withdrawn Maureen McCarthy Seconder p ❑ ❑ ❑ Jose h Paoloni Initiator p p ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni XIII. Resolutions RESOLUTION: 2009-123 Resolution Authorizing Commencement of Litigation against Delinquent Out of Area Sewer Users WHEREAS, the Town of Wappinger provides municipal sewer service to a parcel of real property located in the Village of Wappingers Falls, Town of Wappinger, County of Dutchess, State of New York, designated as 29-31 Marshall Road, further identified as tax map parcel 135601-6158-19-688002, and said parcel is owned by Hollowbrook of Dutchess, LLC; and WHEREAS, the Town of Wappinger provides municipal sewer service to a parcel of real property located in the Village of Wappingers Falls, Town of Wappinger, County of Dutchess, State of New York, designated as 11 Marshall Road, further identified as tax map parcel 135601-6157-07-709968, and said parcel is owned by Hollowbrook Associates; and WHEREAS, said properties are located outside the Sewer Improvement Area by which they are served; and WHEREAS, the Town of Wappinger has demanded payment for municipal sewer service provided to the parcels and such demand has been refused; and WHEREAS, the owners of the properties are justly indebted to the Town of Wappinger for the municipal sewer service provided to the properties. 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 Attorney to the Town, Albert P. Roberts, Esq., to commence and prosecute to its conclusion an action for the collection of the sewer rents and charges due against the owners of the properties, currently ascertained to be Hollowbrook of Dutchess, LLC and Hollowbrook Associates, in Supreme Court Dutchess County, or such other Court of competent jurisdiction. 3. Supervisor Christopher Colsey is hereby authorized to execute on behalf of the Town any documents necessary for the commencement of said lawsuit. Town of Wappinger Page ! 9 Printed 4/9/2009 Town Board Meeting Minutes March 23, 2009 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-123 A B Yes /Aye No/Nay Abstain Absent _ 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ 0 ❑ Defeated Vincent Bettina Voter 0 0 � ❑ ❑ ❑ Tabled Maureen McCarthy Initiator ❑ ❑ ❑ Withdiawn 1--I, Panlnni Voter 0 Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-127 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 Association of Towns Vendor of Towns $60.00 CAMO Pollution CAMO Pollution $560.00 CAMO Pollution rLHAssociation CAMO Pollution $780.00 $2,824.55 $74.81 $861.43 508.84 Central Hudson Chelsea Fire District Chelsea Fire District $117,657.00 Signal Graphics Frontier Communications $22.43 Bottini Fuel Signal Graphics $398.81 Bottini Fuel $717.22 Bottini Fuel $746.03 Al Roberts $165.00 Al Roberts $3,880.00 Al Roberts $544.50 Al Roberts $6,715.54 Al Roberts $1,023.00 $82.50 Al Roberts AI Roberts $16.50 Al Roberts $115.50 Al Roberts Al Roberts $11,369.34 $2,244.00 $718.00 Frederick Clark Frederick Clark $9,186.20 Arkel Motors $90.72 CSEA $1,967.76 Wappinger Yankees $1,000.00 Robert Serino Treasurer $25.00 GHI $8,264.44 Justice Court of NY $36,455.00 Conrad Geoscience $480.75 Tatiana Lukianoff $25.00 Zee Medical $55.20 Dave Varco $113.37 Cablevision $259.65 Aflac Susan Dao $25.00 Delage Financial $373.52 $369.52 George Kolb $25.00 Howard Prager $53.09 All State Verizon Wireless $254.04 $343.69 Perfect Comfort $690.00 Perfect Comfort $1,810.00 Edward Orellana Jill Rose Kevin Travis Totals $182,090.94 1 $27,526.08 $2,171.85 1 $861.43 $3,226.84 Vendor SI SR SV T16 T92 T14 WU Association of Towns CAMO Pollution CAMO Pollution Central Hudson Chelsea Fire District Frontier Communications Signal Graphics Bottini Fuel Town of Wappinger Page 20 Printed 41912009 Town Board Meeting Minutes March 23, 2009 BMini Fuel Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts AI Roberts Al Roberts Al Roberts Al Roberts Al Roberts Frederick Clark Frederick Clark Arkel Motors CSEA Wappinger Yankees Robert Serino Treasurer GHI Justice Court of NY Conrad Geoscience Tatiana Lukianoff Zee Medical Dave Varco Cablevision Aflac Susan Dao Delage Financial George Kolb Howard Prager All State Verizon Wireless Perfect Comfort Perfect Comfort Edward Orellana Jill Rose Kevin Travis $108.90 1 $89.10 $49.50 $521.60 $5,607.78 $115.50 $9,064.30 $1,232.92 $676.50 $49.50 $120.00 $76.80 $54.00 Totals 1 $108.90 1 $89.10 1 $49.50 1 $521.60 $14,787.58 $1,232.92 1 $976.80 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-127 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter p 0 ❑ ❑ ❑ Defeated William Beale Initiator p ❑ 0 ❑ ❑ Tabled Vincent Bettina Voter p ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder RI 0 ❑ Jose h P 01011 Voter 10 0 ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-136 Resolution Confirming Executive Session Actions Pertaining to Gulf Oil Limited Partnership and Cumberland Farms, Inc. WHEREAS, traces of by methyl -tertiary butyl -ether (MTBE), tributyl alcohol (TBA) and other contaminants have been found in certain wells in the public water supply serving the United Wappinger Water District; and WHEREAS, the Town Board, by resolution dated February 9, 2004, retained the legal services of the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. (hereinafter "Special Counsel") to commence litigation on behalf of the Town of Wappinger and represent the Town in a class action lawsuit for all damages sustained by the Town as a result of the loss of use of groundwater because of contamination of MTBE, TBA and other contaminates in accordance; and WHEREAS, said litigation was commenced against numerous Defendants in the United States District Court for the Southern District of New York under the caption In re Methyl Tertiary Butyl Ether ("MTBE') Products Liability Litigation, Master File No. 1:00-1898 MDL 1358 (SAS), M21-88 (hereinafter the "Action"); and WHEREAS, after substantial litigation, Special Counsel has negotiated proposed settlement of the Action against the following Defendants: GULF OIL LIMITED PARTNERSHIP and CUMBERLAND FARMS, Inc. (hereinafter "SETTLING DEFENDANTS"); and Torn of Wappinger Page 21 Printed 4/912009 Town Board Meeting Minutes March 23, 2009 WHEREAS, the action continues against other Defendants; and WHEREAS, Special Counsel has provided the Town Board and the Attorney to the Town a Settlement Agreements and a Release and Indemnity Agreement (the "Settlement Documents") for their review and consideration, the terms of which are confidential until a final settlement is reached; and WHEREAS, Special Counsel and the Attorney to the Town advise and recommend that the terms of the Settlement Documents are fair and reasonable and should be accepted; and WHEREAS, the Attorney to the Town appeared at a duly called Executive Session on this date and discussed the Settlement Documents with the Town Board; and WHEREAS, the Town Board determines that it is in the best interest of the residents of the residents of the Town of Wappinger to settle the Action against the SETTLING DEFENDANTS in accordance with the terms of the Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the actions it has taken in Executive Session this evening and hereby detennines that it is in the best interests of the Town to settle with the above noted SETTLING DEFENDANTS and hereby authorizes the Supervisor, on behalf of the Town of Wappinger, to execute the Settlement Documents that were negotiated by Special Counsel, Weitz & Luxenberg, P.C. and Baron & Budd., P.C., a copy of which has been reviewed and approved by the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009.136 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 Josenh Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. XIV. Town Board Review of Vouchers A. Town Board Execution of Serial Bond Contract for 2009 RESOLUTION: 2009-143 Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Vendor A B DB T92 WU Central Hudson $40.07 Central Hudson $40.07 Central Hudson $265.02 Central Hudson $885.40 Central Hudson $2,733.47 Empire $7,301.72 $2,090.14 $5,621.32 Platts Locksmith $288.00 Pitney Bowes $2,518.99 Poughkeepsie Journal $53.06 Home Depot $44.36 Signal Graphics $249.37 Signal Graphics $76.40 DC Sheriff $3,463.80 $14,702.19 Mid Hudson Fasteners $847.46 Stephen Churchill $85.00 Anaconda Sports $90.00 Empire Business Forms $560.00 Carauest $570.75 Torn of Wappinger Page 22 "tltic" 711-11 Town Board Meeting Minutes March 23, 2009 $1,027.78 $357.78 $3.50 $54.54 $675.00 $75.12 $253.40 $27.43 $10.44 Totals $22,075.57 $28,813.43 $9,571.65 $27.43 $10.44 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-143 Arkel Motors Arkel Motors 0 Adopted ❑ Christopher Colsey Voter Foam & Wash $7.00 $24.50 Absent Williams Lumber Hudson River Truck/Trailer $104.86 ❑ ❑ Defeated St Francis Empl Assistance $465.00 $360.00 0 Grainger ❑ ❑ Tabled Vincent Bettina Grainger Rl 0 ❑ Staples $51.95 Maureen McCarthy Voter Staples 0 0 0 Staples $125.10 Voter p Software Consulting Assoc El $550.00 D & D Doors $108.00 Poland Springs $86.01 MetLife $1,575.50 $456.24 CDW Government $10,487.30 R Costa Electric $96.85 United Rentals $795.63 Kingston Fire Equipment $193.00 March 23, 2009 $1,027.78 $357.78 $3.50 $54.54 $675.00 $75.12 $253.40 $27.43 $10.44 Totals $22,075.57 $28,813.43 $9,571.65 $27.43 $10.44 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-143 0 Adopted ❑ Christopher Colsey Voter Yes/Aye p No/Nav Abstain Absent Adopted as Amended 0 ❑ ❑ ❑ Defeated William Beale Seconder Rl 0 0 ❑ ❑ Tabled Vincent Bettina Initiator Rl 0 ❑ 0 ❑ Withdrawn Maureen McCarthy Voter R1 0 0 0 Jose h Paoloni Voter p 0 El 0 Dated: Wappingers Falls, New York March 23, 2009 The Resolution is hereby duly declared adopted. r' XV. Adjournment .. RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni The meeting adjourned at 11:26 PM. ohn C. Masterson Town Clerk Town of Wappinger Page 23 Printed 4/9/2009