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2009-04-13 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us - Agenda ~ Chris Masterson 845-297-5771 Monday, April 13, 2009 7:00 PM Town Hall 7:00 PM Meeting called to order on April 13, 2009 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order IL Salute to the Flag III. Adoption of Agenda IV. Public Portion V. Minutes Approval Monday, March 23, 2009 VI. Correspondence Log 2009-138. Resolution Authorizing the Acceptance of the Correspondence Log VII. Public Hearings Local Law No. of the Year 2009, Designating a Three -Way Full Stop Intersection at the Intersection of Deer Run Road and Pye Lane VIII. Discussions A. MS4 (SWMP) Annual Report/Walter Artus B. Volunteer Insurance Coverage Endorsement/Colsey IX. Resolutions 2009-107. Resolution Appointing a Member to the Town of Wappinger Board of Assessment Review 2009-108. Resolution Appointing a Member to the Town of Wappinger Planning Board 2009-144. Resolution Appointing a Member to the Town of Wappinger Planning Board 2009-110. Resolution Authorizing Payment toward Repairs at the Emergency Services Building 2009-145. Resolution Adopting Local Law No of the Year 2009, Entitled Designating a Three -Way Full Stop Intersection at the Intersection of Deer Run Road and Pye Lane 2009-150. Resolution Declaring Town Clerk Equipment Surplus and Authorizing Its Sale by Public Bid 2009-162. Resolution Authorizing the Town Clerk to Seek Bids for Flooring Renovations to the Office of the Town Clerk 2009-149. Resolution Appointing a Part Time Assessor's Aide to Fill a Vacancy within the Assessors Office 2009-148. Resolution in Support of Smoke Free Dutchess Tobacco Advertising Point of Purchase 2009-153. Resolution Declaring Recreation Equipment Surplus and Authorizing Its Sale by Public Bid 2009-155. Resolution Filling Recreation Commission Vacancies 2009-157. Resolution Accepting 2009 Selective Traffic Enforcement Program (STEP) Grant 2009-161. Resolution Approving Machinery and Equipment Rental Rates for Use by the Highway Department 2009-160. Resolution Authorizing the Tri -Municipal Sewer Commission to Use the Existing Fund Balance to Pay for Capital Repairs 2009-159. Resolution Authorizing the Execution of the Agreement Between the Town of Wappinger and the Town of Wappinger Little League Association, Inc. 2009-154. Resolution Authorizing Refund of Unused Escrow for JP Morgan Chase Site Plan (Accounts 06-3130 & 08-6008PP) 2009-156. Resolution Authorizing Refund of Unused Escrow for Cervalis, LLC Site Plan (Account 00-3029) 2009-158. Resolution Authorizing Refund of Unused Escrow for Flying Arrow Sports Range (Account 08-6009PP) 2009-126. Resolution Authorizing Entry into Design Services Agreement for Joint Community Center Feasibility Study Town of Wappinger Page I Printed 41912009 Town Board Meeting Agenda April 13, 2009 X. Items for Special Consideration XI. New Business XII. Executive Session A. Library Funding/Beale XIII. Town Board Review of Vouchers 2009-146. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-147. 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 2009-151. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-152. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 XIV. Adjournment Town of Wappinger Page 2 Printed 41912009 Town of Wappinger Town Board Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Monday, April 13, 2009 7:00 PM Town Hall V. Call to Order Supervisor Christopher Colsey called the meeting to order at 7:07 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 Absent Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Supervisor Colsey statement Supervisor Colsey noted for the record that Councilman Bettina would be absent due to a family emergency. Salute to the Flag Adoption of Agenda Motion To: reschedule 2009-04-27 Town Board Meeting to 2009-05-04 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Minutes Approval Monday, March 23, 2009 ✓ Vote Record - Acceptance of Minutes for March 23, 2009 7:00 PM Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Public Portion Motion To: suspend the Rules for public input RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Torn of Wappinger Page / Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 VI. VII. Public Comments on the Agenda items Councilwoman McCarthy made a motion to suspend the Rules for public input. The motion was seconded by Councilman Beale and passed unanimously. Supervisor Colsey asked if there were any comments from the public. There were none. Councilwoman McCarthy made a motion to reinstate the Rules. The motion was seconded by Councilman Beale and passed unanimously. Motion To: reinstate the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman i SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Correspondence Log RESOLUTION: 2009-138 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 -2009-138 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as mended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter __ ❑ ❑ _ ❑ 0 11 Tabled Maureen McCarthy Initiator 0 El ❑ ❑ withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. Public Hearings Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Local Law No. of the Year 2009, Designating a Three -Way Full Stop Intersection at the Intersection of Deer Run Road and Pye Lane Councilman Paoloni made a motion to open the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. Town Clerk Chris Masterson offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Councilman Paoloni gave a summary of the Local Law and noted the location of the stop signs to be placed. Supervisor Colsey asked if there were any comments from the public. There were none. Councilman Paoloni made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. Town of Wappinger Page 2 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 RESULT: CLOSED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Town of Wappinger Page 3 Printed 4/28/2009 TOV�TN BOARD= TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE ADOPTION OF THE PROPOSED LOCAL LAW ENTITLED "LOCAL LAW NO. OF THE YEAR 2009, DESIGNATING A THREE-WAY FULL STOP INTERSECTION AT THE INTERSECTION OF DEER RUN AND PYE LANE". STATE OF NEW YORK. ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 27th, 2009, your deponent posted a copy of the Notice of Public Hearing on the Adoption of the Proposed Local Law Entitled "Local Law No. of 2009, Designating a Three -Way Full Stop Intersection of Deer Run Road and Pye Lane", on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. IC _441:� john C. Masterson Town Clerk Town of Wappinger Sworn to before me the 27th day of Magh, 2009 NOTARY PUBLIC BARBARA L. ROBERTI Notary Public, State of New York Fieg. No. 01 R06130344 Dutchess County My Commission Expires July 18, 2009 Pou . hkeepsie Journal Poughkeepsie, N.Y. RECEIVED APR 0 7 2009 'PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutches,$ County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2009 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said. newspaper for '� one insertion successively, in each week, commencing on the i t day of 4pril in the year of 2009 and on the following dates thereafter, namely on: And ending on the day of in the year of 2009 , both days inclusive. e a� scrib d a orn to before me this � h day in the year of 2009 MAU fi�IN 5§WAim1 q" ,y l'f i PI) (1 CF -097 TT SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #83748 State of NEW YORK SS: County of DUTCHESS I, TINA HEATH, being duly sworn, depose and say: that I am the Publisher of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 04/01/09. Sworn to before me this 1st day of April, 2009 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County My commission expires on May 16, 2011 ijECE' V ED APR 0 2 2009 -rnm!�l CLERK Town Board Meeting Minutes April 13. 2009 VIII. Discussions A. MS4 (SWMP) Annual Report - Walter Artus Supervisor Colsey opened the discussion at 7:17 PM. Walter Artus, the Town's MS4 Engineer, was present to address the Board about the Town of Wappinger Annual Stormwater Report. The report is complete. The due date is June 1 st. Mr. Artus then gave a thorough update on the Town's MS4 compliance. He asked if there were any questions from the Board. There were none. Mr. Artus will provide a copy of the report to the Supervisor. A bound copy will be put on file with the Town Clerk. Supervisor Colsey closed the discussion at 7:20 PM. B. Volunteer Insurance Coverage Endorsement - Colsey Supervisor Colsey opened the discussion at 7:20 PM. Jack Peluse, a consultant with Marshall & Sterling, Inc., was present to address concerns that the Town had relating to coverage of volunteers that do volunteer work for the Town. The Town had asked if these volunteers were covered under worker's compensation. The Justice Court had also asked if worker's compensation would cover juveniles that would be assigned community service. The answer to both questions is no. Mr. Peluse then gave the Board the options that are available to have such individuals covered. The Town could purchase an Accident Medical Expense Policy. He provided the Board with the rates for such a policy. He then fielded questions from the Board. Discussion followed. Mr. Peluse recommended putting an arbitrary figure down just to get coverage bound. When actual figures are known, the coverage can be adjusted. Supervisor Colsey closed the discussion at 7:38 PM. C. Library Funding - Beale Supervisor Colsey opened the discussion at 7:41 PM. Al Roberts, Town Attorney, explained that the current library funding issue is that there is a shortfall in the amount that was actually levied by warrant to the Dutchess County Real Property Tax Service. The error was the result of a typographical error on a cover sheet that was sent from the Town to the County. The discrepancy is a $28,000 shortfall. Councilwoman McCarthy asked what the amount on the officially filed Budget document was. She asked that the Town Clerk, Chris Masterson, go get the Budget document from his office. Councilman Paoloni asked that the Town Clerk also get the petition that was filed by Grinnell Library. Discussion about the official Dollar figure followed. The point is that the warrant was $28,000 short. Mr. Roberts then discussed the memo written by Jim Horan, his colleague, and the statute in question. He gave his opinion of the statute. He believes that, if the voters approve a specific amount for a particular tax year, the Town is bound by that. However, he does not believe that it carries over to ensuing tax years. Since there is clearly room for interpretation, he recommends seeking a formal opinion from the New York State Comptroller's Office. Discussion followed. Councilwoman McCarthy called on former Supervisor, Joseph Ruggiero, to give his opinion on the matter. Mr. Ruggiero gave a full history of the topic over recent years. Discussion followed. Councilwoman McCarthy asked if Grinnell Library has always been a free -association library. Mr. Roberts confirmed. She went on to say that she is frustrated that the amount that the Town was called on to provide to the library this year was outrageous, given the economy, and there was potentially an option to change that, and that the Town had the potential to change that for years. Mr. Roberts went on to say that the current issue is whether the Town is obligated to honor the proposition. He believes that the Town is required to honor the vote. Councilwoman McCarthy asked for the officially filed figures from the official Budget. The Town Clerk explained that the officially filed Budget has the $542,874 figure. That is also the figure that is posted online. Discussion followed. Mr. Horan then continued with a thorough description of the statute and explained why it is so complicated. At the request of Councilwoman McCarthy, Mr. Horan then discussed the fact that there is no contract between the Town and the library. He first noted that Education Law Section 256 states that the municipality may either make a grant or enter into a contract with a free association library. That is what happened in the case of Grinnell. Mr. Ruggiero explained that the Town Board in 2002 wanted to make a library district in response to what happened with the referendum. The Grinnell Board of Trustees didn't want that to happen because they didn't want to lose control over Grinnell Library. If it became a library district, the trustees would be elected. Mr. Roberts felt that that was accurate as well. That is when the Town Board decided to break up the tax bill for transparency purposes. Discussion followed. Mr. Horan again brought up the contract issue. The contract authorized by Education Law Section 256 sets the boundaries of the relationship. He and the Town Clerk researched the issue and found only a reference to the contract. Mr. Horan did find the contract between the Village and the library though. Discussion about a potential contract followed. Mr. Horan recommends creating a contract with Grinnell. Supervisor Colsey closed the discussion at 8:38 PM. Town of Wappinger Page 4 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 IX. Resolutions Motion To: untable Resolution 2009-107 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Motion To: move Lisa Molitoris RESULT: DEFEATED 12 TO 21 MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Maureen McCarthy, Joseph Paoloni NAYS: Christopher Colsey, William Beale ABSENT: Vincent Bettina Motion To: move the name of Ron Lafko RESULT: DEFEATED [2 TO 21 MOVER: William Beale, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale NAYS: Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Motion To: untable Resolution 2009-108 .................... _ . RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] William Beale, Councilman Christopher Colsey, Supervisor Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni Vincent Bettina Motion To: move the name Marsha Leed RESULT: DEFEATED [2 TO 21 MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Maureen McCarthy, Joseph Paoloni NAYS: Christopher Colsey, William Beale 1 ABSENT: Vincent Bettina Motion To: move the name Frank Malafronte RESULT: DEFEATED [2 TO 21 MOVER: William Beale, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale NAYS: Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina 1 Town of Wappinger Page 5 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 Motion To: untable Resolution 2009-110 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina RESOLUTION: 2009-110 Resolution Authorizing Payment toward Repairs at the Emergency Services Building WHEREAS, TransCare Ambulance took occupancy within a portion of the Town of Wappinger Emergency Services Building on October 1, 2006; and WHEREAS, certain mechanical structures were in need of repair or replacement prior to the tenancy of the building, to include one boiler, which is part of a tandem system of delivery, as reported to the Town Board in a letter dated February 27, 2009, a copy of which has been distributed to the Town Board; and WHEREAS, Transcare has paid in excess of Twenty -One Thousand Dollars and 00/100 ($21,000.00) toward repair or replacement expenses related to the heating and cooling system; and WHEREAS, Transcare has replaced the aforementioned boiler in February 2009, in the amount of Nine Thousand Dollars and 00/100 ($9,000.00); and WHEREAS, Transcare has requested payment in the amount of Four Thousand, Five Hundred Dollars and 00/100 ($4,500.00) toward the boiler expense due to its reported condition prior to tenancy NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town of Wappinger Supervisor and Town of Wappinger Accountant to issue payment in the amount of Four Thousand, Five Hundred Dollars and 00/100 ($4,500.00) in partial reimbursement of expenses incurred toward the replacement of the aforementioned boiler at the Town of Wappinger Emergency Services Building. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-110 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Initiator 0 ❑ ❑ 0 El Tabled Vincent Bettina Voter ❑ ❑ ❑ p ❑ Withdrawn Maureen McCarthy Voter Rl ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-145 Resolution Adopting Local Law No. 4 of the Year 2009, Entitled Designating a Three -Way Full Stop Intersection at the Intersection of Deer Run Road and Pye Lane WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. 4 of the Year 2009, Designating a Three -Way Full Stop Intersection at the Intersection of Deer Run Road and Pye Lane" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspaper of the Town; and WHEREAS, a Public Hearing was held on April 13t", 2009, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger Page 6 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this Resolution. 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 of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. 4 of the Year 2009, Designating a Three -Way Full Stop Intersection at the Intersection of Deer Run Road and Pye Lane", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. 4. Highway Superintendent, Graham Foster, is hereby further directed to place stop signs at the appropriate locations in accordance with this Local Law and to take any other necessary actions to implement the above mentioned three-way full stop intersection as required in accordance with the spirit and intent of this Local Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-145 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 4 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Seconder z ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 10 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 4/28/2009 LOCAL LAW NO.4 OF THE YEAR 2009 A Local Law entitled "Local Law No. 4 of the Year 2009, Designating a Three -Way Full Stop Intersection at the hntersection of Deer Run Road and Pye Lane." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title: This Local Law shall be known and cited as Town of Wappinger "Local Law No. 4 of the Year 21009, Designating a Three -Way Full Stop Intersection at the Intersection of Deer Run Road and Pye Lane.'; which shall amend the present Vehicles and Traffic Code, as set forth below Section Il: Legislative. Intent: On numerous occasions residents of the Pye Lane area have alerted the Town to a potentially hazardous traffic situation at the intersection of Deer Run Road and Pye Lane. Recently, Councilman Joseph Paoloni received a petition signed by thirty-one (31) residents, requesting a three-way, full stop intersection at Deer Run Road and Pye Lane. After due consideration, the Town Board determined that it is in the best interest of the citizens of the Town of Wappinger to revise the Town's Vehicles and Traffic Code §230-43 "Schedule LX: Stop Intersection'' to designate the intersection of Deer Run Road at its intersection with Pye Lane as a three-way full stop intersection. Section III: Stop Intersection: The Town of Wappinger Code §?30-43 is hereby amended by alphabetically inserting into Schedule IX the following designated full stop intersections: Direction "Stop Sign on of Travel At Intersection of Deer Run Road Northerly Pye Lane Pye Lane East Deer Run Road Pye Lane West Deer Run Road" Section IV: Numbering for Codification: It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section V: Separabffh . The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section Ill: Effective Date: This Local Law shall take effect inunediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 11 Town Board Meeting Minutes April 13, 2009 RESOLUTION: 2009-150 Resolution Declaring Town Clerk Equipment Surplus and Authorizing Its Sale by Public Bid WHEREAS, the Town of Wappinger owns a Schwab fireproof combination lock safe as used by the Town Clerk's Office, and WHEREAS, the Town Clerk has organized all resident files no longer necessitating the use of a stand-alone safe for documents; and WHEREAS, the Town Clerk has recommended that the above items are surplus and should be sold by public bid. 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 determines that the Schwab fireproof combination lock safe has no further use by the Town and are surplus items. 3. The Town Supervisor and the Town Clerk are hereby authorized to solicit bids from the public, or to hold a public auction for the above noted surplus items; said surplus items shall be sold in AS IS CONDITION without any warranty as to condition. 4. Proceeds from the sale of the combination lock safe shall be allocated to the Town Clerk revenue budget line. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-150 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ 0 ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ 0 p ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ 0 Joseph Paoloni Initiator 0 ❑ ❑ 0 Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-162 Resolution Authorizing the Town Clerk to Seek Bids for Flooring Renovations to the Office of the Town Clerk WHEREAS, the office of the Town Clerk serves as a central hub for information for the Town of Wappinger; and WHEREAS, the office of the Town Clerk is physically located at the main entrance to Town Hall; and WHEREAS, the flooring of the public accessible portion of the office has several broken and discolored tiles that are visible to those visiting the Town Clerk; and WHEREAS, several methods of cleaning and office furniture placement have been considered and attempted to limit the visibility of the broken and discolored tiles; and NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk is hereby authorized to seek written bids for a commercial grade floor covering for the publicly accessible portions of the office of the Town Clerk. BE IT FURTHER RESOLVED, that the Town Board authorizes the execution of a contract for commercial grade floor covering for the publicly accessible portions of the Town ` Clerk's office at an amount not to exceed Seven Hundred and Fifty Dollars ($750.00). Contracts exceeding this threshold shall require the authorization of the Town Board through a resolution considered at a regularly scheduled Town Board meeting. Town of Wappinger Page 8 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record -'Resolution RES -2009-162 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-149 Resolution Appointing a Part Time Assessor's Aide to Fill a Vacancy within the Assessors Office WHEREAS, the Town Board adopted the Budget for Fiscal Year 2009 on November 19th, 2008; and WHEREAS, the Town Board appropriated funding within said Budget for a part-time Assessor's Aid through line item A1355.102; and WHEREAS, the position was vacated through verbal notice to the Town Supervisor's office on January 20, 2009; and WHEREAS, the position has the primary responsibility of preparation and maintenance of assessment records under the general supervision of the Assessor; and WHEREAS, the Town Supervisor provided advice of the vacancy to the Dutchess County Department of Personnel on January 201h, 2009; and WHEREAS, the Dutchess County Department of Personnel has determined the part-time position to be exempt from the requirement to utilize a competitive Civil Service list, therefore allowing the Town of Wappinger to seek a candidate through direct recruitment methods; and WHEREAS, the Town Board adopted Resolution 2009-57 on January 26th, 2009, authorizing the recruitment of a part-time Assessor's Aide; and WHEREAS, the Town Board held interviews on March 23, 2009; and WHEREAS, the Town Board hereby appoints Erin Galbraith to the position of part-time Assessors Aide with the Town of Wappinger Assessors Office. 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 Town Supervisor to initiate part-time employment at a schedule not to exceed an average of 17.5 hours per week as calculated on a quarterly basis for the position of Assessors Aide from budget line A7140.103, in accordance with the personnel practices and policies of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-149 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 April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-148 Resolution in Support of Smoke Free Dutchess Tobacco Advertising Point of Purchase WHEREAS, the Surgeon General has concluded that tobacco advertising contributes to youth smoking rates; and WHEREAS, over 24,900 youths under age 18 in New York State become new daily Town of Wappinger Page 9 Printed 4/28/2009 W� Town Board Meeting Minutes April 13, 2009 smokers each year; and WHEREAS, 3 out of 4 teenagers shop in convenience stores at least once per week; and WHEREAS, tobacco advertising in retail stores has a powerful influence on teens, who are significantly more likely to smoke due to advertising than they are due to peer pressure; and WHEREAS, research shows that youth are more than twice as likely as adults to recall tobacco advertising; and WHEREAS, outdoor and exterior -facing tobacco ads at retail stores are often seen by students walking to and from school; and WHEREAS, retail stores are an integral and valuable part of our community NOW, THEREFORE, BE IT RESOLVED that the Town of Wappinger hereby supports the efforts of SmokeFree Dutchess in requesting that retailers reduce overall tobacco advertising in their place of business and eliminate tobacco advertising from areas likely to be seen by children, including exterior poles, walls, exterior windows, interior wall space below five feet, near candy displays, and on counter tops. BE IT FURTHER RESOLVED that the Town of Wappinger hereby encourages law enforcement agencies throughout to take appropriate measures to ensure all local, state and federal laws regarding all signage are observed. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-148 21 Adopted Yes/Aye No/Nay IAbstain Absent ❑ Adopted as Amended Christopher Colsey Voter El 0 0 0 ❑ Defeated William Beale Seconder 0 ❑ 0 ❑ ❑ Tabled Vincent Bettina Voter ❑ 0 0 0 ❑ Withdrawn Maureen McCarthy Initiator E] ❑ ❑ ❑ Joseph Paoloni Voter R1 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-153 Resolution Declaring Recreation Equipment Surplus and Authorizing Its Sale by Public Bid WHEREAS, the Town of Wappinger owns a 1988 Dodge Pick-up and a 1993 Ford Pick- up used by the Recreation Department, and WHEREAS, new trucks have been purchased and delivery completed for the Recreation Department and there is no further use for the 1988 Dodge Pick-up and 1993 Ford Pick-up; and WHEREAS, the Chairman of the Recreation Department has recommended that the above items are surplus and should be sold by public bid. 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 determines that the 1988 Dodge Pick-up and the 1993 Ford Pick-up have no further use by the Town and are surplus items. 3. The Chairman of the Recreation Department, the Town Supervisor and the Town Clerk are hereby authorized to solicit bids from the public, or to hold a public auction for the above noted surplus items; said surplus items shall be sold in AS IS CONDITION without any warranty as to condition. 4. Proceeds from the sale of the items shall be first used to pay debt service that is outstanding for the items, if any; and any balance that remains shall be paid into the recreation fund. Town of Wappinger Page 10 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-153 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 Paolom Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-157 Resolution Accepting 2009 Selective Traffic Enforcement Program (STEP) Grant WHEREAS, the Town of Wappinger has previously applied for a STEP Grant for dedicated police patrols to target unsafe driving behaviors including speeding, aggressive driving and other moving violations during peak driving hours; and WHEREAS, County Executive, William R. Steinhaus, has advised the Town that it has been awarded a Grant from the 2009 Selective Traffic Enforcement Program (STEP) 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 of Wappinger hereby acknowledges that it has been awarded the sum of Three Thousand, Seven Hundred Fifty Dollars and 00/100 ($3,750.00) from the 2009 Selective Traffic Enforcement Program (STEP) for the purposes of targeting unsafe driving behaviors, including speeding, aggressive driving and other moving violations during peak hours. 3. The Town of Wappinger further acknowledges that all enforcement activities authorized by the aforementioned STEP Grant must be conducted prior to August 31St, 2009. 4. Supervisor Christopher J. Colsey is authorized to implement this STEP Grant through the Dutchess County Sheriff's Patrol pursuant to the Intermunicipal Agreement between the Town of Wappinger and the Dutchess County Sheriff's Department. The foregoing was put to a vote which resulted as follows: Vote Record - ResolutionRES-2009-157 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ _ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-161 Resolution Approving Machinery and Equipment Rental Rates for Use by the Highway Department WHEREAS, pursuant to § 143 of the Highway Law, Highway Superintendent, Graham Foster, has negotiated and procured machinery and equipment rental rates for use by the Highway Department from Bridgeview Excavation, Inc. and Metzger Construction Corp. for calendar year 2009; and WHEREAS, the machinery and equipment rental rates are itemized and identified on Schedule "I" attached hereto and made part hereof; and WHEREAS, the machinery and equipment rental rates procured by the Highway Superintendent are not subject to competitive bidding but are subject to Town Board approval NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and Town of Wappinger Page 1 / rrrnrea ilzolzuu> Town Board Meeting Minutes April 13, 2009 adopted herein. 2. The Town Board hereby approves the machinery and equipment rental rates procured from Bridgeview Excavation, Inc. with offices at 3 Van Wyck Lane, Wappingers Falls, New York, 12590, and Metzger Construction Corp., with offices at 3 Van Wyck Lane, Wappingers Falls, New York, 12590, for calendar year 2009, as set forth, itemized and identified on Schedule "I", attached hereto and made part hereof The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-161 21 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 21 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ 0 ❑ 0 ❑ Withdrawn Maureen McCarthy Voter Z 0 0 ❑ Joseph Paoloni Voter R1 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-160 Resolution Authorizing the Tri -Municipal Sewer Commission to Use the Existing Fund Balance to Pay for Capital Repairs WHEREAS, the Town of Wappinger, by and on behalf of Wappinger Sewer Transmission Treatment Improvement Area I and II (WSTTIA-I&II), and Wappinger Sewer Transmission/Treatment Improvement Area IIIA (WSTTIA-IIIA), has entered into long term arrangements with the Tri -Municipal Sewer Commission to discharge sewage at the Tri - Municipal Sewer Plant located in the Town of Poughkeepsie; and WHEREAS, the Town of Wappinger is contractually obligated to contribute towards any required capital improvements on a pro rata basis based on design flow; and WHEREAS, Mark O'Sullivan, the accountant to the Tri -Municipal Sewer Commission has advised that the Town of Wappinger has an excess fund balance as of December 31, 2007 of over One Hundred Forty Thousand Dollars ($140,000.00); and WHEREAS, Karen McLaughlin, the Tri -Municipal Sewer Commission's administrator has reported that the Town's pro rata share of the capital improvement to replace the power screen at the Tri -Municipal Sewer Plant will be Thirty Seven Thousand, One Hundred Sixty - Two Dollars and 17/100 ($37,162.17); and WHEREAS, the Town Board has determined that rather than go through the expense of forming a new sewer improvement area, it would be in the Town's best interest to pay its pro rata share of the power screens out of the Town's existing fund balance. 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 confirms that its share of the capital improvement project for the Tri -Municipal Sewer Plant to replace the power screen at said plant will be the sum of Thirty Seven Thousand, One Hundred Sixty -Two Dollars and 17/100 ($37,162.17). 3. The Town Board hereby authorizes and directs the Tri -Municipal Sewer Commission, and its accountants, to deduct the Town's pro rata share of Thirty Seven Thousand, One Hundred Sixty -Two Dollars and 17/100 ($37,162.17) from the Town's existing fund balance. 4. The Town Supervisor, Christopher J. Colsey, is hereby authorized to execute any and all documents necessary to implement the terms and conditions of this Resolution. 5. John C. Masterson, Town Clerk, is hereby directed to send a certified copy of this Resolution to the Tri -Municipal Sewer Commission as soon as practicable after its adoption. Town of Wappinger Page 12 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-160 Yes/Aye ' No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-159 Resolution Authorizing the Execution of the Agreement between the Town of Wappinger and the Town of Wappinger Little League Association, Inc WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Town of Wappinger Little League Association, Inc. provide softball and baseball activities for the boys and girls of the community in accordance with the proposed Agreement between the Town of Wappinger and Town of Wappinger Little League Association, Inc.; and WHEREAS, the Town has fully complied with its procurement policy with respect to its Ten Thousand Dollar ($10,000.00) agreement between the parties and further finds that pursuant to Town Code §46-3 (b) (3), the agreement between the parties shall be exempt from the Town's procurement policy and may be properly classified as one of the "sole source situations". 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 agrees to enter into a written Agreement for Ten Thousand Dollars ($10,000.00) with the Town of Wappinger Little League Association, Inc. which will provide softball and baseball activities for the boys and girls of the Town of Wappinger for the 2009 baseball season. 3. Supervisor Christopher J. Colsey is hereby authorized and directed to sign on behalf of the Town the Agreement between the Town of Wappinger and Town of Wappinger Little League Association, Inc. in substantially the same form as attached hereto, including the attached Rider to Agreement, copies of which are affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-159 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-154 Resolution Authorizing Refund of Unused Escrow for JP Morgan Chase Site Plan (Accounts 06-3130 & 08-6008PP) WHEREAS, on or about July 18, 2006, JP Morgan Chase (hereinafter the "Applicant") filed an application for approval of a Site Plan under Application Number 06-3130; and WHEREAS, on or about July 18, 2006, 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 Four Thousand, Two Hundred Forty -One Dollars and 30/100 ($4,241.30), One Thousand, Nine Hundred Thirty -Three and Dollars 10/100 ($1,933.10) and Three Thousand, Three Hundred Twenty -Seven Dollars and 79/100 ($3,327.79) Town of Wappinger Page 13 Printed 412812009 Town Board Meeting Minutes April 13, 2009 totaling Seventeen Thousand, Two Dollars and 19/100 ($17,002.19) were made on July 27, 2007, November 8, 2007 and April 28, 2008, respectively; and WHEREAS, on or about April 28, 2008, the Applicant deposited Seven Thousand Five Hundred Dollars ($7,500.00) into an escrow account with the Town of Wappinger for post planning fees under Application Number 08-6008PP; and WHEREAS, the applications were approved and the Resolution of Site Development and Wetlands Permit Approvals were signed on July 22, 2008; and WHEREAS, all professional fees incurred during the review of the applications have been paid and a balance of Seven Thousand Seven Hundred Nine Dollars and 04/100 ($7,709.04) remains in escrow account number 06-3130 and a balance of Four Thousand Seven Hundred Sixty -Seven Dollars and 10/100 ($4,767.10) remains in escrow account number 08-6008PP, and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow accounts and has determined that refunds are due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to Applicant in the total amount of Seven Thousand, Seven Hundred Nine and 04/100 Dollars ($7,709.04) from escrow account number 06-3130, representing the unused escrow balance for the above project. 3. The Town Board hereby authorizes a refund to Applicant in the total amount of Four Thousand, Seven Hundred Sixty -Seven and 10/100 Dollars ($4, 767.10) from escrow account number 08-6008PP, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-154 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter p 0 ❑ 0 ❑ Defeated William Beale Seconder 0 0 0 0 ❑ Tabled Vincent Bettina Voter ❑ 0 0 0 ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ 1— 1, Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-156 Resolution Authorizing Refund of Unused Escrow for Cervalis, LLC Site Plan (Account 00-3029) WHEREAS, on or about October 30, 2000, Cervalis, LLC (hereinafter the "Applicant") filed an application for approval of a Site Plan under Application Number 00-3029; and WHEREAS, on or about, October 30, 2000, the Applicant deposited Five Thousand Dollars and 00/100 ($5,000.00) 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 Resolution of Site Plan Approval was signed on February 9, 2001; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Two Thousand, Three Hundred Ninety -Four Dollars and 30/100 ($2,394.30) remains in the escrow account and Applicant has requested a refund of said escrow balance; WHEREAS, the Town Accountant has audited 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 a refund to Applicant in the total amount of Two Thousand, Three Hundred Ninety -Four Dollars and 30/100 ($2,394.30) from escrow account number 00-3029, representing the unused escrow balance for the above project. Town of Wappinger Page 14 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-156 Yes/Aye No/Nay _ Abstain _ Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ 0 ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ 0 ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Withdrawn Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-158 Resolution Authorizing Refund of Unused Escrow for Flying Arrow Sports Range (Account 08-6009PP) WHEREAS, on or about January 11, 2008, Kathleen M. Neave (hereinafter the "Applicant") filed an application for approval of a Special Use Permit under Application Number 08-6009PP; and WHEREAS, on or about January 11, 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 Special Use Permit and Certificate of Occupancy was issued on May 28, 2008; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of One Thousand, Three Hundred Sixty -Seven Dollars and 00/100 ($1,367.00) remains in the escrow account and Applicant has requested a refund of said escrow balance; WHEREAS, the Town Accountant has audited 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 a refund to Applicant in the total amount of One Thousand, Three Hundred Sixty -Seven Dollars and 00/100 ($1,367.00) from escrow account number 08-6009PP, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-158 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator D ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni ' Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. Motion To: untable Resolution 2009-126 RESULT: DEFEATED [2 TO 21 MOVER: William Beale, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale NAYS: Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Town of Wappinger Page 15 Printed 4128120UY Town Board Meeting Minutes April 13, 2009 X. Items for Special Consideration Motion To: add Resolution to Agenda by unanimous consent RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina RESOLUTION: 2009-163 Resolution of Opposition to Central Hudson Rate Increase WHEREAS, the New York State Public Service Commission reports that Central Hudson Gas & Electric Corporation ("Central Hudson") has requested approval to increase its annual electric and natural gas delivery charges; and WHEREAS, according to the New York State Public Service Commission, Central Hudson is proposing to increase its annual electric delivery revenues by $35.4 million and its annual gas delivery revenues by $14.7 million for the 12 months starting July 1, 2009; and WHEREAS, the staff of the New York State Department of Public Service and other parties have evaluated the facts and circumstances of Central Hudson's request and presented Central Hudson with a case that would reduce the electric increase to $16.1 million and the natural gas increase to $6.4 million; and WHEREAS, according to the New York State Public Service Commission, under the increase, customers in a typical household would experience a 16% increase in electric delivery charges and a 28% increase in natural gas delivery charges; and WHEREAS, Central Hudson's area of service includes the Town of Wappinger and the proposed rate increase will cause unnecessary hardship for numerous residents of the Town, particularly those with fixed or limited incomes, as well as place an additional financial burden on the Town's taxpayers as the Town's facilities are served by Central Hudson; and WHEREAS, Central Hudson has failed to demonstrate a need for the proposed rate increases; and WHEREAS, the matter is presently before the New York State Public Service Commission, with the public comment period being open until Friday, May 1, 2009; and WHEREAS, upon consideration, the Town Board finds that such rate increases will place an undue financial burden on residents, businesses, and local government NOW, THERFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger, in its capacity as governing body of the Town, does hereby oppose the rate increase for delivery of electricity and natural gas for which Central Hudson Gas & Electric Corporation seeks approval; and BE IT FURTHER RESOLVED, that certified copies of this resolution be delivered by the Town Clerk to the Hon. Jaclyn A. Brilling, Secretary, New York State Public Service Commission, the Hon. Stephen Saland, Senator representing the 41 st District, and the Hon. Joel Miller, Assemblyman representing the 102nd District, as well as the chief executives of our surrounding municipalities served by Central Hudson; and BE IT FURTHER RESOLVED, that the aforesaid resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-163 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ El Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ p ❑ Withdrawn Maureen McCarthy Voter 0 El El Joseph Paoloni Seconder 2 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page /6 Painted 4/28/2009 Town Board Meeting Minutes April 13, 2009 SCI. New Business Councilman Beale New Business Councilman Beale asked that the icon for the live meetings be put on the homepage of the Town website. The Supervisor and Town Clerk will ask the IT finn to address that issue. Councilman Beale then brought up an issue pertaining to the number of dogs permitted per household. Supervisor Colsey noted that the Zoning Code only defines what a kennel is. Councilman Beale asked that it be clarified. Councilman Paoloni felt that it should be a function of the resident's acreage. Councilwoman McCarthy New Business Councilwoman McCarthy asked for an update on the Rockingham Curbs. Supervisor Colsey asked the Highway Superintendent, Graham Foster, to comment. Mr. Foster answered that he can't draw down on a bond. Councilwoman McCarthy asked if nothing has been done since the last Meeting. Mr. Foster asked what she is asking. Councilwoman McCarthy asked what has been implemented to repair the most damaged curbs with the remainder of the bond money that had been authorized. Mr. Foster replied that there is no money drawn down. Councilwoman McCarthy replied that she knows that no money has been drawn down, but she knows that the bond exists. Supervisor Colsey commented that this was going to be put on the next Agenda, but was not because Councilwoman McCarthy was going to be absent. Councilwoman McCarthy then stated that it will be on the May 4th Agenda. She went over the facts that had been discussed at the previous Meeting. She then asked what they are waiting for to start doing the repairs. Discussion followed. Councilwoman McCarthy then asked when the Board would be hearing back from Sedore regarding the financial report. She noted that they were supposed to get back to the Board already. Supervisor Colsey noted that Sedore contacted him and informed him that they finished it. He commended Inez Maldonado and the Town Clerk, Chris Masterson, on the work that they had done to provide Sedore with the needed documents. Councilwoman McCarthy requested that the Board be provided with the final document well before the Meeting. Councilwoman McCarthy then asked if Ralph Holt had resigned. Al Roberts, Town Attorney, explained how that misunderstanding came about. Mr. Roberts then recommended that the Town Board decide whether they want the Recreation Commission to be a Commission or a Committee. He also recommended that the Board decide on the number of members to be on the Commission or Committee. Discussion followed. Councilman Paoloni New Business Councilman Paoloni asked Ralph Holt, Recreation Commission Chairman, about the use of ball fields. He wanted to ensure that Little League did not have the right to bump other organizations that scheduled and paid for the use of ball fields at Robinson Lane. Mr. Holt replied that it would not be a problem and that the men's softball league would not get bumped. Supervisor Colsey and Councilman Beale agreed. XII. Executive Session Motion To: go into Executive Session for Personnel reasons RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina A. Library Funding/Beale Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Town of Wappinger Page 17 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 XIII. Town Board Review of Vouchers RESOLUTION: 2009-146 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 WU Central Hudson $74.68 0 Adopted Matthew Bender $42.30 No/Nay Abstain Platts County Locksmith $170.00 Christopher Colsey Voter Poughkeepsie Journal $492.58 ❑ ❑ Signal Graphics $52.57 Seconder 0 Signal Graphics $447.15 ❑ ❑ Tabled Williamson Law Book $265.75 ❑ ❑ Williamson Law Book 0 ❑ Withdrawn $77.51 Orkin $125.63 ❑ ❑ James Baisley $610.00 Voter MVP $9,596.82 $1,332.43 $14,620.56 ❑ MVP Gold $2,554.30 $255.43 West Payment $172.80 West Payment $138.00 West Payment $138.00 Carquest $9.89 $167.20 Carquest $51.29 Coffee Systems $183.39 Sir Speedy $173.77 Perkins $614.85 Perkins $113.41 $302.69 Bostwick Sales $794.00 Bostwick Sales $289.74 Staples $35.92 Reserve Account $3,500.00 Wapp FIs Bsns & Profess $35.00 Gellert & Klein $412.50 Toshiba Financial $461.46 Services Cornerstone $3,788.96 $603.00 Hudson River Valley Tours $676.00 Zurich American Insurance $691.38 $105.21 $240.48 Perfect Comfort $165.00 Air Flow Air Conditioning $330.00 Totals 1 $25,630.88 1 $2,845.80 1 $16,357.46 1 $77.51 The foregoing was put to a vote which resulted as follows: $44,911.65 ✓ Vote Record - Resolution RES -2009-146 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-147 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, Town of Wappinger Page 18 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 2008, and the vacancy has been subsequently filled by an Accountant, as deemed qualified through the competitive Civil Service process, the duties of auditing claims presented to the Town, and the issuing of warrants authorizing the payment of said claims and bills must be approved by the Town Board; and WHEREAS, New York Town Law § 118(2) permits the Town Board to authorize the payment of Utility Claims in advance of the audit of such claim; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to authorize the payment of Utility Charges in advance of the audit of such claim through Resolution 2008-158; and WHEREAS, the Town Board has found that all the claims as presented through the Abstracts entitled KVS 2009-003 through KVS 2009-006 and (Impact) No. 21186 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 entitled KVS 2009-003 through KVS 2009-006 and (Impact) No. 21186 as provided to the Town Board in support of this Resolution as follows: 1. Abstract (Impact) 21186 with a total of Nine Hundred Forty -Three Dollars and 25/100 ($943.25); and 2. Abstract KVS 2009-003 with a total of One Million, Five Hundred Ninety -Five Thousand, Six Hundred Seventy -Five Dollars and 79/100 ($1,595,675.79); and 3. Abstract KVS 2009-004 with a total of Six Thousand, Four Hundred Eighty - Three Dollars and 02/100 ($6,483.02); and 4. Abstract KVS 2009-005 with a total of One Hundred Ninety -One Thousand, Six Hundred Forty -Nine Dollars and 34/100 ($191,649.34); and 5. Abstract KVS 2009-006 with a total of Four Thousand, Nine Hundred Twenty - Eight Dollars and 10/100 ($4,928.10); and 6. Abstract KVS 2009-007 with a total of One Million, Seventy Three Thousand, Eight Hundred Forty Dollars and 11/100 ($1,073,840.11). 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 entitled KVS 2009-003 through KVS 2009-006 and (Impact) No. 21186. 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 -2009-147 A B DB LC LD LH SF SH CAMO Pollution Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-151 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 SF SH CAMO Pollution $507.05 CAMO Pollution $25.00 CAMO Pollution $25.00 Central Hudson $30.05 Central Hudson $548.85 Central Hudson $138.36 Town of Wappinger Page 19 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 Southern Dtc News Signal Graphics Mid Hudson Fasteners Mid Hudson Fasteners James Baisley Milton Alley Agway Corbin Excavating Al Roberts First Unum Life Arkel Motors Old State Auto Repair Printable Services Gannon Municipal Global Translation Williams Lumber CN Wood Dutchess County Truck Pts International Salt Staples Staples Staples Jerricks Spiegel Brothers Wells Fargo Financial Gentech Charles Reinhardt Community Energy Eileen Manning Eileen Manning Commercial Instruments Mid Hudson Fence Co. Interstate Refrigerant Recov Duality Wambach Communications R. Costa Electric R. Costa Electric R. Costa Electric Morris Associates Morris Associates Fleetpride Fleetpride Cooking Light $121.83 $273.51 $420.00 $99.99 $226.97 $43.99 $324.90 $255.00 $18.70 $186.00 $765.00 $238.00 $2,909.40 $2,350.00 $765.50 $93.65 $1,273.70 $8,510.20 $8,335.97 18.00 $41.73 $246.10 $576.79 $910.00 $138.00 $1,188.00 $2,146.24 $30.39 $162.08 $854.37 $21.00 $8.80 $24.75 $5.96 $121.79 $855.78 $139.73 $47,320.73 $56.95 $288.00 $50.00 $1.71 $42.45 $125.62 $39.41 $42.50 $1,659.40 $3,240.21 $1,078.00 $4,525.00 $147.82 $62.68 Totals 1 $28,504.62 1 $7,327.83 1$58,623.67 $1.71 1 $42.45 1 $125.62 $24.75 $5.96 Vendor SI SM SR SV SW T92 WF WH - WT -RU CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Southern Dtc News Signal Graphics Mid Hudson Fasteners Mid Hudson Fasteners James Baisley Milton Alley Agway Corbin Excavating Al Roberts First Unum Life Arkel Motors Old State Auto Repair Printable Services $121.36 $28.92 $96.95 $72.60 $35.70 $11.70 $6.56 $9.29 $188.25 Gannon Municipal Global Translation Williams Lumber CN Wood Dutchess County Truck Pts International Salt Staples Staples Staples Jerricks Spiegel Brothers Wells Fargo Financial Gentech Charles Reinhardt Community Energy Eileen Manning Eileen Manning Commercial Instruments Mid Hudson Fence Co. Town of Wappinger Page 20 Printed 4/28/2009 Town Board Meeting Minutes April 13, 2009 Interstate Refrigerant Rlecov Duality W ambach Communications R. Costa Electric R. Costa Electric R. Costa Electric Morris Associates Morris Associates Fheetpride Fleetpride Cookina Lioht $2,077.80 $2,077.20 $3,300.00 otals $121.36 $28.92 $96.95 $72.60 $35.70 $4,155.00 $11.70 $6.56 $9.29 $3,488.25 k The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-151 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator ✓❑ ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-152 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 WHEREAS, pursuant to Town Law § 119, which sets forth the procedure for the auditing of claims and issuance of warrants where there is no Town Comptroller, the Town Board must audit the claims and issue the warrants for the payment of said claims; and WHEREAS, since the office of the Town Comptroller had been vacant through July 1, 2008, and the vacancy has been subsequently filled by an Accountant, as deemed qualified through the competitive Civil Service process, the duties of auditing claims presented to the Town, and the issuing of warrants authorizing the payment of said claims and bills must be approved by the Town Board; and WHEREAS, New York Town Law § 118(2) permits the Town Board to authorize the payment of Utility Claims in advance of the audit of such claim; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to authorize the payment of Utility Charges in advance of the audit of such claim through Resolution 2008-158; and WHEREAS, the Town Board has found that all the claims as presented through the Abstract entitled KVS 2009 are just and accurate, has directed the Town Accounting Department to prepare an abstract of the audited claims, specifying the number of the claim, the name of the claimant, the amount allowed and the fund and appropriation account chargeable therewith. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby confirms that it has reviewed and approved the abstract entitled KVS 2009-008 as provided to the Town Board in support of this Resolution as follows: 1. Abstract KVS 2009-008 with a total of Three Thousand, One Hundred Eighty - Eight Dollars and 40/100 ($3,188.40). 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 Abstract entitled KVS KVS 2009-008. 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. Town of Wappinger Page 21 rrtntuu t1zo1zuuy NJ Town Board Meeting Minutes April 13, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-152 10 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Seconder El ❑ ❑ ❑ ❑ Adopted as Amended ❑ Defeated William Beale Voter D ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Initiator Rl ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York April 13, 2009 The Resolution is hereby duly declared adopted. XIV. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina The meeting adjourned at 10:22 PM. (2- J & L � John C. Masterson Town Clerk Torn of Wappinger Page 22 Printed 4/28/2009