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2009-05-26 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Tuesday, May 26, 2009 7:00 PM Town Hall 7:00 PM Meeting called to order on May 26, 2009 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Salute to the Flag 111. Adoption of Agenda IV. Minutes Approval Monday, May 04, 2009 Monday, May 11, 2009 V. Correspondence Log 2009-187. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Portion VII. Executive Session A. Litigation (MTBE) 2009-188. Confidential Executive Session Resolution - MTBE B. Personnel (Labor Contract) VIII. Resolutions 2009-189. Resolution Authorizing Town Accountant and Bookkeeper to Attend the NYS Office of the State Comptroller Governmental Accounting Training Conference 2009-190. Resolution Authorizing the Execution of a Purchase Order for Park Equipment at Fleetwood Playground 2009-191. Resolution Authorizing Bids Submitted to the Town of Wappinger by the Public to Purchase Surplus Town Clerk Equipment 2009-192. Resolution Authorizing Bids Submitted to the Town of Wappinger by the Public to Purchase Surplus Town Recreation Equipment 2009-193. Resolution Awarding Bids for Replacement of the Smoke and Fire Alarm at the Town of Wappinger Emergency Services Building 2009-194. Resolution to Approve Settlement with Exxon 2009-195. Resolution Ratifying a Memorandum of Agreement Extending the Collective Bargaining Agreement Between the Town of Wappinger and CSEA Local 1000 on Behalf of the Town Highway Employees 2009-196. Resolution Authorizing Conceptual Approval for Riverbend I1 Parcel to Connect to the Sewer Transmission Main 2009-197. Resolution Authorizing Membership Negotiations with Tri -Municipal Sewer Commission 2009-198. Resolution Awarding Bids for Baseball Dug Outs Construction at the Town of Wappinger Robinson Lane Park 2009-199. Resolution Authorizing Entry into Inter -Municipal Cooperation Agreement for Code Enforcement Services with the Town of Union Vale 2009-200. Resolution Authorizing Entry into Design Services Agreement for Joint Community Center Feasibility Study IX. Items for Special Consideration X. New Business XI. Town Board Review of Vouchers 2009-201. Abstract of Claim and Warrant for Payment of Claim Audit by Town Board 2009-202. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 2009-203. Resolution Approving Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XII. Adjournment Town of Wappinger Page I Printed 512112009 Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Chris Masterson William Beale 845-297-5771 Tuesday, May 26, 2009 7:00 PM Town Hall IV. Call to Order Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Absent Joseph Paoloni Town of Wappinger Councilman Present Graham Foster Town of Wappinger Highway Superintendent Present Al Roberts Town of Wappinger Town Attorney Present Bob Gray Town of Wappinger Engineer to the Town Present Supervisor Colsey Statement Supervisor Colsey noted that Councilwoman McCarthy would be absent or late as she has a family emergency. Moment of Silence Councilman Beale asked for a moment of silence in honor of the passing of past New Hackensack Fire Chief and Commissioner William H. "Bud" Pottenburgh. Salute to the Flag Adoption of Agenda Recognition of others in Attendance Supervisor Colsey noted that representatives of the Union Vale Town Board, Supervisor Hitsman and Councilman Ralph Mondello, were in attendance for this Meeting. Supervisor Colsey statement Supervisor Colsey noted that there is a corrected version of Resolution 2009-192 on the dais. Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Minutes Approval Monday, May 04, 2009 ✓ Vote Record - Acceptance of Minutes for May 4 2009 7:00 PM Yes/Aye No/Nay Abstain Absent Christopher Colsey Initiator 0 El El 11 Accepted William Beale Voter 0 El 11 El El Accepted as Amended Vincent Bettina Seconder 0 El El ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Town of Wappinger Page I Printer! 512712009 Regular Meeting Minutes May 26, 2009 V. Monday, May 11, 2009 ✓ Vote Record - Acee tante of Minutes for May 11 2009 7:00 PM ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman 0 Adopted Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Yes/Aye No/Nay Abstain Absent 0 Accepted Christopher Colsey Initiator 0 ❑ ❑ 0 ❑ Accepted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2009-187 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 -2009-187 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman 0 Adopted Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. VI. Public Portion Motion To: suspend the Rules for public input RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Comments on the Agenda Councilman Bettina made a motion to suspend the Rules for public input on the Agenda items. The motion was seconded by Councilman Beale and passed unanimously. The first resident to speak was Alfred Mayers. He spoke about Resolution 2009-192. Supervisor Colsey clarified that there was an amended Resolution on the dais for the Board to consider. With no other comments, Councilman Paoloni made a motion to reinstate the Rules. The motion was seconded by Councilman Bettina and passed unanimously. Motion To: Reinstate the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Town of Wappinger Page 2 Printed 5/27/2009 Regular Meeting Minutes May 26, 2009 VII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy A. Litigation (MTBE) B. Personnel (Labor Contract) Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy VIII. Resolutions RESOLUTION: 2009-189 Resolution Authorizing Town Accountant and Bookkeeper to Attend the NYS Office of the State Comptroller Governmental Accounting Training Conference WHEREAS, the Town Accountant and Town Bookkeeper attended an introductory level ..� governmental accounting training program as presented by the NYS Office of the State Comptroller on April 21 -23, 2009; and WHEREAS, a written request seeking authorization for attendance at the advanced governmental accounting training program has been submitted by the Town Accountant on May 13, 2009, for two employees to attend a two and a half day governmental accounting program as presented by the NYS Office of the State Comptroller, on October 27-29, 2009; and WHEREAS, the cost for attendance is One Hundred Dollars and 00/100 ($100.00) per governmental employee NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Accountant and the Town Bookkeeper to attend a two and a half day governmental accounting course as presented by the NYS Office of the State Comptroller on October 27-29, 2009, in North Hempstead, New York, at the cost of One Hundred Dollars and 00/100 ($100.00) per governmental employee as financed through budget line A1315.407. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-189 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter to ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Initiator 23 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. Ton of Wappinger Page 3 Printed 5/27/2009 Regular Meeting Minutes May 26, 2009 RESOLUTION: 2009-190 Resolution Authorizing the Execution of a Purchase Order for Park Equipment at Fleetwood Playground WHEREAS, the Fleetwood subdivision has a Town maintained park with playground equipment; and WHEREAS, the Town Recreation Chainnan has recommended the addition of playground equipment to accommodate smaller children; and WHEREAS, Miracle Recreation is a New York State approved vendor and has submitted an installed cost estimate to the Recreation Chairman in the amount of Six Thousand, Six Hundred Forty -Seven Dollars and 20/100 ($6647.20). NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town of Wappinger Recreation Chairman to submit a Purchase Order for the playground equipment to be installed at the Fleetwood playground in the amount of Six Thousand, Six Hundred Forty -Seven Dollars and 20/100 ($6647.20), as payable through Parkland Trust funds, to New York State approved vendor Miracle Recreation and for said Purchase Order to be executed by the Town Supervisor. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-190 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-191 Resolution Authorizing Bids Submitted to the Town of Wappinger by the Public to Purchase Surplus Town Clerk Equipment WHEREAS, the Town Board, through Resolution 2009-150, as adopted on April 13, 2009, determined that the Schwab safe has no further use by the Town and is a surplus item; and WHEREAS, the Town Board authorized the Town Supervisor and Town Clerk 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; and WHEREAS, the Town of Wappinger Supervisor and Town Clerk issued legal notices for bids through the Southern Dutchess News and Poughkeepsie Journal; and WHEREAS, the Town of Wappinger Town Clerk opened and reviewed all bids on May 15, 2009, as forwarded to the Town Board in support of this resolution; and WHEREAS, the following sole bid has been received to purchase surplus Town equipment: Bid Bidder $267.00 Matthew Jacobsson WHEREAS, the Town Board is requested to award the Schwab safe to Matthew Jacobson, 12 Blackthorn Loop, Wappingers Falls, New York, 12590. NOW, THEREFORE, BE IT RESOLVED, the Town of Wappinger Town Board has awarded the bid to Matthew Jacobson, 12 Blackthorn Loop, Wappingers Falls, New York, 12590, to purchase the Schwab safe for the amount of Two Hundred Sixty -Seven Dollars and 00/100 ($267.00) with payment made to the Town Clerk. Torn of Wappinger Page 4 Printed 5/27/2009 a.. Regular Meeting Minutes May 26, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-191 Yes/Aye Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder to ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2009-192 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy RESOLUTION: 2009-192 Resolution Authorizing Bids Submitted to the Town of Wappinger by the Public to Purchase Surplus Town Recreation Equipment WHEREAS, the Town Board, through Resolution 2009-153, as adopted on April 13, 2009, determined that the 1988 Dodge Pick-up and the 1993 Ford Pick-up have no further use by the Town and are surplus items; and WHEREAS, the Town Board authorized the Town Supervisor, Town clerk and Recreation Chairman 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; and WHEREAS, the Town of Wappinger Supervisor issued legal notices for bids through the Southern Dutchess News and Poughkeepsie Journal; and WHEREAS, the Town of Wappinger Town Clerk opened and reviewed all bids on May 8, 2009, as forwarded to the Town Board in support of this resolution; and WHEREAS, the following bids have been received to purchase surplus Town Recreation equipment: Equipment Bid Bidder 1988 Dodge Pick-up $100.00 Amilia Mayers 1993 Ford Pick-up $100.00 Amilia Mayers WHEREAS, the Town Board is requested to award the 1988 Dodge Pick-up and the 1993 Ford Pick-up to Amilia Mayers. NOW, THEREFORE, BE IT RESOLVED, the Town of Wappinger Town Board has awarded the bid to Amilia Mayers, to purchase the 1988 Dodge Pick-up and the 1993 Ford Pick- up for the amount of Two Hundred Dollars and 00/100 ($200.00) with payment made to the Town Clerk. BE IT FURTHER RESOLVED, the Town Board directs the removal of license plates for return for the Department of Motor Vehicles and the cancellation of the vehicle insurance for the 1988 Dodge Pick-up and the 1993 Ford Pick-up. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-192 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ Q ❑ Withdrawn Joseph Paoloni Initiator D ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. Toren of Wappinger Page 5 Printed 5/27/2009 Regular Meeting Minutes May 26, 2009 RESOLUTION: 2009-193 Resolution Awarding Bids for Replacement of the Smoke and Fire Alarm at the Town of Wappinger Emergency Services Building WHEREAS, the Town of Wappinger Fire Inspector inspected the alarm system located in the Emergency Services Building and found same to be non -operational due to electrical damages to the main alarm control panel as well as several defective smoke and fire remote detectors; and WHEREAS, a local alarm installer inspected the alarm system at the Emergency Services Building and detennined that the cost to repair same equaled or exceeded the cost to replace the alarm system with new components and recommended that a new system be ...r installed; and WHEREAS, the Town Board authorized the Supervisor to solicit bids for the repair and/or replacement of the smoke and fire alarm system at the Emergency Services Building pursuant to Resolution No. 2008-246; and WHEREAS, the Town Supervisor caused the publication of a Request for Proposals for such smoke and fire alarm system for the Emergency Services Building by duly publishing same in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of the Town; and WHEREAS, the Town of Wappinger Supervisor, in addition, solicited bids from local alarm vendors; and WHEREAS, the following bids were received: Company Address Total National Surveillance & Security Mineola, New York $9,511.50 Platts Country Village Locksmith Wappingers Falls, New York $9,712.00 WHEREAS, the Town Board hereby detennines that the lowest responsible bidder is National Surveillance & Security Company, Mineola, New York, in the amount of $9,511.50; and WHEREAS, the Town Board hereby detennines that the request for proposals for the smoke and fire alarm system for the Emergency Services Building duly complies with the Town of Wappinger Procurement Policy. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set on" forth and adopted herein. 2. The Town of Wappinger hereby awards the bid for the smoke and fire alarm system to National Surveillance & Security Company, Mineola, New York. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-193 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdiawn Maureen McCarthy Voter ❑ ❑ ❑ p Jose h Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-194 Resolution to Approve Settlement with Exxon 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 Town of Wappinger Page 6 Printed 5/27/2009 Regular Meeting Minutes May 26, 2009 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 Defendant: EXXON (hereinafter "SETTLING DEFENDANT"); and WHEREAS, the action continues against other Defendants; and WHEREAS, Special Counsel has provided the Town Board and the Attorney to the Town a Settlement Offer and Settlement Allocation Sheet for their review and consideration, the terms of which are confidential until a final settlement is reached; and w4m WHEREAS, Special Counsel and the Attorney to the Town advise and recommend that the terms of the Settlement Offer 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 Offer with the Town Board; and WHEREAS, the Town Board determines that it is in the best interest of the residents of the Town of Wappinger to settle the Action against the SETTLING DEFENDANT in accordance with the terms of the Settlement Offer. 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 determines that it is in the best interests of the Town to settle with the above noted SETTLING DEFENDANT and hereby authorizes the Supervisor, on behalf of the Town of Wappinger, to execute the Settlement Offer 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 -2009-194 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-195 Resolution Ratifying a Memorandum of Agreement Extending the Collective Bargaining Agreement Between the Town of Wappinger and CSEA Local 1000 on Behalf of the Town Highway Employees WHEREAS, the Town of Wappinger ("the Town") is party to a Collective Bargaining Agreement with CSEA Local 1000 AFSCME, AFL-CIO ("CSEA") on behalf of the Town of Wappinger Highway Employees Unit; and WHEREAS, the Collective Bargaining Agreement expired on December 31, 2008; and WHEREAS, following negotiations between the Town and CSEA for a successor Collective Bargaining Agreement, the respective negotiating teams have agreed upon a Memorandum of Agreement, in the form attached to this Resolution, extending the recently expired Collective Bargaining Agreement NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger ratifies the Memorandum of Agreement that is attached to this Resolution and authorizes Town Supervisor Christopher Colsey to execute the Memorandum of Agreement on behalf of the Town of Wappinger. Town of Wappinger Page 7 Printed J/17/Ll/UY Regular Meeting Minutes May 26, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-195 23 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter E3 ❑ 0 0 ❑ Defeated William Beale seconder Q ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 10 ❑ 0 p ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 2 Joseph Paoloni Voter Z ❑ ❑ 0 Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-196 Resolution Authorizing Conceptual Approval for Riverbend II Parcel to Connect to the Sewer Transmission Main WHEREAS, the TOWN has caused the construction of and operates a sewer transmission line located in the Town of Wappinger, (hereinafter "SEWER MAIN") for the purposes of collecting waste water within the Wappinger Sewer Transmission/Treatment Improvement and transmitting the waste water to the Tri -Municipal Sewer Treatment Plant for treatment pursuant to a contract previously entered into between the Town of Wappinger and the Tri -Municipal Sewer Commission (hereinafter the "TREATMENT CONTRACT"); and WHEREAS, the Tri -Municipal Sewer Treatment Plant is owned collectively by the Village of Wappingers Falls ("VILLAGE") and the Town of Poughkeepsie ("POUGHKEEPSIE") and is managed by the Tri -Municipal Sewer Commission (hereinafter the "COMMISSION") pursuant to an inter -municipal agreement between the VILLAGE and POUGHKEEPSIE; and WHEREAS, pursuant to the TREATMENT CONTRACT, the TOWN has a total contractual authorized sewer treatment capacity of 1,375,000 gallons per day; and WHEREAS, the SEWER MAIN has a capacity to meet an average daily flow of approximately 3,516,000 gallons per day, and presently uses 725,000 gallons per day on average during dry weather flow periods; and WHEREAS, it has been determined that the SEWER MAIN has excess sewer transmission capacity sufficient to allow it to transmit sewage from areas outside of the permitted areas authorized by the TREATMENT CONTRACT; and WHEREAS, certain parcels located within the VILLAGE, that are within the TOWN, abut the SEWER MAIN and would benefit by being pennitted to connect their sewage laterals to the SEWER MAIN which would allow for the transportation of sewage from those properties to the Sewer Treatment Plant via gravity flow rather than having to be pumped into the VILLAGE transmission lines; and WHEREAS, the VILLAGE has identified the following properties (by tax grid number), which are located within the TOWN that would benefit by being connected to the SEWER MAIN: 1. Hollowbrook of Dutchess, LLC, owner, Tax Grid # 135601-6158-19-688002; 2. Hollowbrook Associates, LLC, owner, Tax Grid # 135601-6157-07-709968; 3. TGS Associates, owner, referred to as Riverbend II Parcel, Tax Grid # 6158-20- 779013; and WHEREAS, because of previous design considerations, the Hollowbrook parcels above identified have previously been connected to the SEWER MAIN; and WHEREAS, the VILLAGE has requested that the Riverbend II parcel be pennitted to discharge waste water from this parcel into the transmission line; and WHEREAS, the TOWN has conceptually agreed to accept the waste water generated from the Riverbend II parcel located within the jurisdictional limits of the TOWN; and WHEREAS, the VILLAGE has agreed that the sewage from the Hollowbrook Parcels and Riverbend II that will be treated at the Tri -Municipal Sewer Treatment Plant will be charged against the VILLAGE'S treatment capacity and will not be charged against the TOWN's treatment capacity; and WHEREAS, the Town Board hereby authorizes the Supervisor, the Engineer to the Town, and the Attorney to the Town to negotiate and prepare an Intermunicipal Agreement between the VILLAGE, the COMMISSION, and the TOWN, which will permit the sewer discharge from the above mentioned parcels to connect to the SEWER MAIN for transportation to the Tri -Municipal Sewer Plant. NOW, THEREFORE, BE IT RESOLVED: Town of Wappinger Page 8 Printed 5/27/2009 Regular Meeting Minutes May 26, 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 acknowledges that Hollowbrook of Dutchess, LLC, identified as Tax Grid # 135601-6158-19-688002, and Hollowbrook Associates, No/Nay LLC, identified as Tax Grid # 135601-6157-07-709968, are already connected to Absent the TOWN'S SEWER MAIN because of previous design considerations. 3. The Town Board hereby conceptually agrees to permit the parcel commonly 21 known as Riverbend II parcel, and identified as Tax Grid # 6158-20-779013, to ❑ connect to the SEWER MAIN, in accordance with the terms of the Intermunicipal ❑ Adopted as Amended Agreement to be negotiated, agreed upon and approved by the Town Board. 4. The Town Board hereby authorizes the Supervisor, the Engineer to the Town, and ❑ the Attorney to the Town to prepare and negotiate an Intennunicipal Agreement WSW with the VILLAGE, the COMMISSION, and TGS Associates, the owners of the Vincent Bettina Riverbend II parcel, identified as Tax Grid # 6158-20-779013, to implement the 0 connection of the Riverbend II parcel to the SEWER MAIN, and to ensure ❑ collection of Operation and Maintenance charges and other fees for the ❑ Tabled Hollowbrook parcels and the Riverbend II parcel to the TOWN. 5. The agreement to pen -nit the connection to the SEWER MAIN shall require ❑ specific provisions that will require all Operation and Maintenance charges for the 0 above identified parcels to be paid to and collected by the TOWN, EXCEPT, Joseph Paoloni HOWEVER, the sewer treatment generated by the Riverbend II parcel, ❑ Hollowbrook of Dutchess, LLC and Hollowbrook Associates, LLC, shall not be ❑ charged to the TOWN'S contractual authorized sewer treatment capacity allocation, but, instead, shall be charged to the VILLAGE'S sewer treatment capacity. 6. The Operation and Maintenance charges to be paid by the above referenced parcels shall be based on the VILLAGE'S sewer rent formula which is based on a percentage of water consumption. 7. Any agreement for the use of the SEWER MAIN shall be submitted to the Town Board for review and approval. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-196 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 21 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter ❑ D ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-197 Resolution Authorizing Membership Negotiations with Tri -Municipal Sewer Commission WHEREAS, the Town of Wappinger has caused the formation of two Sewer Treatment Improvement Areas known as Wappinger Sewer Transmission Treatment Improvement Areas I & I1 and Wappinger Sewer Transmission Treatment Improvement Area IIIA, hereinafter referred to as "SEWER IMPROVEMENTS"; and WHEREAS, the SEWER IMPROVEMENTS constructed sewer transmission lines and lateral sewer collector lines, which transported sewage to the Tri -Municipal Sewer Plant, hereinafter referred to as "SEWER PLANT", located in the Town of Poughkeepsie; and WHEREAS, the SEWER PLANT is owned by the Village of Wappingers Falls and the Town of Poughkeepsie and is managed by a Commission known as the Tri -Municipal Sewer Commission, pursuant to an Intermunicipal Agreement between the Town of Poughkeepsie and the Village of Wappingers Falls; and WHEREAS, the Town of Wappinger has entered into a long term agreement with the Commission for the treatment of sewage generated by the SEWER IMPROVEMENTS; and WHEREAS, pursuant to its contractual relationship with the Commission, the Town of Wappinger has been treated as a "Tenant" of the SEWER PLANT; and WHEREAS, the Town of Wappinger desires to become a full owner and member of the Commission; and Town o/'Woppinger Page 9 Printed 5/27/2009 Regular Meeting Minutes May 26, 2009 WHEREAS, Supervisor Christopher J. Colsey has had unofficial discussions with various Members of the Commission in which he indicated the Town of Wappinger's desire to become a full owner and member of the Commission; and WHEREAS, these informal discussions were favorably received by several Members of the Commission who indicated they would support the Town of Wappinger becoming an owner and member of the Tri -Municipal Sewer Plant. 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. Authorization is hereby given to Christopher J. Colsey to formally request full membership in the Tri -Municipal Sewer Commission as an owner and member of the Tri -Municipal Sewer Plant. 3. Supervisor Colsey is further authorized to negotiate directly with the Tri- «• Municipal Sewer Commission for such membership. 4. Robert J. Gray, Engineer to the Town, and Albert P. Roberts, Attorney to the Town, are hereby authorized to assist in the negotiations with the Commission, and to negotiate and prepare a proposed contract for full membership in the Commission. 5. Upon completion of the negotiations and preparation of a proposed contract, the Supervisor, Engineer and Attorney will report back to the Town Board and request authorization to approve and execute the contract for full membership and ownership in the Commission. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-197 H Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter p ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ 0 p Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-198 Resolution Awarding Bids for Baseball Dug Outs Construction at the Town of Wappinger Robinson Lane Park WHEREAS, the Town of Wappinger authorized the Town Supervisor and Recreation Chair to solicit bids for repairs to Robinson Lane Park structures through Resolution No. 2009- 105 on March 10, 2009; and WHEREAS, the Town of Wappinger Supervisor, Recreation Chair and members of the Town of Wappinger Little League Association Board inspected all structures at the Robinson Lane Park; and WHEREAS, two dugouts appeared to be of limited structural integrity, as determined through a visual inspection, which showed a cracked and uneven foundation, multiple cracks to mortar joints, and leaning structures; and WHEREAS, the Engineer to the Town of Wappinger and Supervisor inspected the two dugouts and determined one to be in immediate need of replacement and unsafe for occupancy, and the second acceptable for current occupancy, but recommended replacement prior to 2010 occupancy; and WHEREAS, construction specifications were developed by S & P Architects; and WHEREAS, the Town of Wappinger Supervisor and Recreation Chair solicited bids for one (1) dugout in accordance with Town Code Chapter 46: Procurement Policy, which requires "three written/fax quotations" for Public Works projects exceeding $10,000.01 and less than $19,999.99; and WHEREAS, the Town of Wappinger Supervisor received the quotations from the Recreation Department on May 20, 2009, as forwarded to the Town Board in support of this resolution; and WHEREAS, the following bids were received: Company Ouotation Colonial Builders $10,800.00 Town of Wappinger Page 10 Printed 5/27/2009 Regular Meeting Minutes May 26, 2009 Donaldson Construction $12,400.00 Lamando Construction $13,000.00 WHEREAS, the Town of Wappinger Recreation Chair has recommended the bids to be awarded to Colonial Builders, 816 Route 5, Fishkill, NY, 12524, in the amount of Ten Thousand, Eight Hundred Dollars and 00/100 ($10,800.00). NOW, THEREFORE, BE IT RESOLVED, the Town of Wappinger Town Board hereby awards the bid to Colonial Builders, 816 Route 52, Fishkill, NY, in the total amount of Ten Thousand, Eight Hundred Dollars and 00/100 ($10,800.00) and for such improvements to be paid through Parkland Trust funds. BE IT FURTHER RESOLVED, the Town of Wappinger Town Board directs all construction to be completed in full compliance with the NYS Uniform Building Code and that ftwo occupancy of the structure shall not occur until after a final and satisfactory inspection by a Town of Wappinger Municipal Code Inspection Officer. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-198 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-199 Resolution Authorizing Entry into Inter -Municipal Cooperation Agreement for Code Enforcement Services with the Town of Union Vale WHEREAS, the Town of Wappinger seeks to enter into an Inter -Municipal Agreement .. with the Town of Union Vale pursuant to Article 5 of the General Municipal Law, Section 381(2) of the Executive Law and Section 99-c of the General Municipal Law, whereby the Code Enforcement Officers of the Town of Wappinger will be charged with the duty and responsibility of administering and enforcing the Uniform Code and Energy Code of New York State, the Zoning Code of the Town of Union Vale, as set forth in Chapter 210 of the Town of Union Vale Code, and those provisions of the Town of Union Vale Code which are to be administered and enforced by the Code Enforcement Officer, Deputy Code Enforcement Officer or Fire Inspector; and WHEREAS, the Town of Union Vale estimates that approximately five (5) hours per week would be required to enforce the Uniform Code and Energy Code, and an additional five (5) hours per week would be needed to administer and enforce the Zoning Code and the other Code provisions of the Town of Union Vale; and WHEREAS, the parties agree that this action will reduce the expenses of the Town of Union Vale while at the same time providing revenue to the Town of Wappinger, which will be sufficient to cover any additional costs incurred by the Town of Wappinger; and WHEREAS, the parties have further detennined that the arrangement for Code Enforcement Services pursuant to this Agreement will be beneficial to all taxpayers in the Town of Wappinger and the Town of Union Vale; and WHEREAS, Albert P. Roberts, Esq. is the Attorney to the Town of Wappinger and to the Town of Union Vale; and WHEREAS, Mr. Roberts drafted the annexed Inter -Municipal Cooperation Agreement at the direction of the Town of Wappinger and the Town of Union Vale, and said Agreement accurately states the agreement of the parties; and WHEREAS, the Town Board is satisfied with the services of the Town Attorney in the drafting of this Inter -Municipal Cooperation Agreement; and WHEREAS, the Town Board has reviewed the annexed Inter -Municipal Cooperation Agreement and it is satisfied with the terms and conditions thereof. 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 "INTER -MUNICIPAL COOPERATION AGREEMENT FOR CODE Town of Wappinger Page 11 Printed 5/27/2009 Regular Meeting Minutes May 26, 2009 ENFORCEMENT SERVICES," a copy of which is annexed hereto as Exhibit 'A", 3. The Supervisor of the Town, Christopher J. Colsey, is hereby directed and authorized to execute the "INTER -MUNICIPAL COOPERATION AGREEMENT FOR CODE ENFORCEMENT SERVICES" on behalf of the Town of Wappinger. 4. The Town Board authorizes and designates Supervisor Christopher J. Colsey to execute any other necessary documents that are required with respect to the Agreement. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-199 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-200 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 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 the "Agreement for Design Services between the Village of ir„ o 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. Totirn of Wappinger Page 12 Printer! 5/27/2009 Regular Meeting Minutes May 26, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-200 A B CB DB LH SI CAMO Pollution Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ 0 Defeated Vincent Bettina Voter ❑ 0 ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby defeated. IX. New Business Councilman Beale New Business Councilman Beale asked for an update on the street light issue at Steinhaus Lane. Al Roberts, Town Attorney, explained that this has been addressed many times and the Town does not have the money. It will have to be built into next year's budget or the Town will have to borrow the money. Councilman Beale noted that he has not received any memo regarding that. Supervisor Colsey commented that he is compiling information to provide to Councilman Beale. Discussion followed. Councilman Bettina New Business Councilman Bettina commended Ralph Holt, Chairman of the Recreation Commission, on his job putting together the recent Memorial Day services. He also commended Councilman Beale on the idea to initiate a memorial for the Palmateer family. He thinks this is a great idea. However, he would like the memorial to represent everyone in the Town of Wappinger. He went on to compare the memorial at Schlathaus Park to memorials in Fishkill. He then recommended that a committee be put together. He also asked if it was legal for the Town to take in money for such a memorial. Al Roberts, Town Attorney, replied that it was legal. Councilman Bettina again asked that a committee be initiated. Supervisor Colsey commented that Councilman Bettina should take the lead on developing this committee. Councilman Beale clarified that the memorial that he was planning was intended to be in honor of Sgt. Mark C. Palmateer, the first Wappinger resident killed in Afghanistan. He has been in contact with the family for a number of months regarding this, and the family supports this wholeheartedly. Councilman Bettina replied that that is great and well needed, but also feels that the Town needs to go the extra step and involve all service people. He again asked that Mr. Holt put together a committee for all the people of Wappinger. Councilman Paoloni New Business Councilman Paoloni asked for an update on the Montfort Road issue. Supervisor Colsey noted that the Zoning Administrator had told him that she sent a letter on this topic to Councilman Paoloni. Councilman Paoloni replied that he had not received any such letter. X. Town Board Review of Vouchers RESOLUTION: 2009-201 Abstract of Claim and Warrant for Payment of Claim Audit 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 %WJ claimant the amount allowed upon his claim as hereinafter set forth: Vendor A B CB DB LH SI CAMO Pollution CAMO Pollution $600.00 CAMO Pollution $715.00 CAMO Pollution $25.00 CAMO Pollution $25.00 Office of Aging $10,740.75 Marshall & Sterling $5,200.91 NYComCo $258.00 Empire Health $5,913.90 $1,883.36 $5,311.15 Torun of Wappinger Page 13 Printed 5/27/2009 Regular Meeting Minutes May 26, 2009 Vendor Paggi, Matin, Del Bene SV SW $2,000.00 T92 Wu CAMO Pollution Poughkeepsie Journal $79.85 $680.00 CAMO Pollution Royal Carting $19,281.04 $3,667.15 Home Depot $205.81 CAMO Pollution Home Depot $8.97 Office of Aging Frontier Communication $22.31 Marshall & Sterling Mid Hudson Fasteners NYComCo $589.60 Empire Health James Baisley $1,190.00 Paggi, Matin, Del Bene Bottini Fuel $394.05 Poughkeepsie Journal Al Roberts $1,501.40 Al Roberts $683.09 Home Depot Al Roberts $14,169.95 $6,020.57 $82.50 $49.50 $220.00 Al Roberts $620.00 Mid Hudson Fasteners Al Roberts James Baisley $193.50 Bottini Fuel Al Roberts $1,369.50 Al Roberts Al Roberts Al Roberts $210.54 woo Al Roberts $1,311.27 $220.00 $319.00 $198.00 Al Roberts $363.00 Al Roberts Anaconda Sports $776.10 Al Roberts Graham Foster Al Roberts $39.40 $359.70 Carquest $33.20 $15.16 $43.49 Carquest $119.29 $57.78 $78.17 Carquest $285.49 $147.30 Sir Speedy $4.80 Brady's Power Equipment $254.48 Bostwick Sales $1,227.36 Davies Hardware $250.00 CSEA $1,967.76 Williams Lumber $198.24 GHI $7,739.76 Hillman Signs $270.00 Cryo Weld $125.30 Partac Pest $2,625.00 Staples $42.99 Staples $179.95 DC Commissioner Finance $223.19 Christopher Colsey $30.00 Joint Landfill $9,921.00 Aflac Snap On Tools $154.75 Dawn Turpin-Orgetas $155.37 CDW Government $1,645.50 -woo Pattern For Progress $30.00 Ultimate Pest Control $40.00 Christine Fulton $21.18 Dutchess County Clerk $60.00 Glenn Smith Ulster Electric Supply $268.80 Expert Roofing $800.00 Expert Roofing $300.00 Totals $75,074.19 $27,753.83 $2,000.00 $9,729.42 $49.50 $430.54 Vendor SR SV SW T16 T92 Wu CAMO Pollution $680.00 CAMO Pollution CAMO Pollution CAMO Pollution CAMO Pollution Office of Aging Marshall & Sterling NYComCo Empire Health Paggi, Matin, Del Bene Poughkeepsie Journal Royal Carting Home Depot Home Depot Frontier Communication Mid Hudson Fasteners James Baisley Bottini Fuel Al Roberts Al Roberts Al Roberts $220.00 $319.00 $198.00 Al Roberts Al Roberts Al Roberts Al Roberts $172.26 $359.70 Town of Wappinger Page 14 Printed 512712009 Regular Meeting Minutes May 26, 2009 Al Roberts $3,795.50 Al Roberts Anaconda Sports Graham Foster Carquest Carquest Carquest Sir Speedy Brady's Power Equipment Bostwick Sales Davies Hardware CSEA Williams Lumber GHI Hillman Signs Cryo Weld Partac Pest Staples Staples $305.54 DC Commissioner Finance Christopher Colsey Joint Landfill Aflac $521.60 Snap On Tools Dawn Turpin-Orgetas CDW Government Pattern For Progress Ultimate Pest Control Christine Fulton Dutchess County Clerk Glenn Smith $3,418.75 Ulster Electric Supply Expert Roofing Expert Roofing Totals $392.26 $678.70 $0.00 $521.60 $7,214.25 $1,183.54 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-201 Yes/Aye No/Nay Abstain Absent * Adopted Christopher Colsey Voter ❑ ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder Z ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter Il ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Initiator Z ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-202 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 Abstracts, as processed from 4/29/2009 to 5/12/2009, 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 Town of Wappinger Page 15 Printed 5/27/2009 Regular Meeting Minutes May 26, 2009 appropriation account chargeable therewith. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby confirms that it has reviewed and approved the abstracts as processed from 4/29/2009 to 5/12/2009 as provided to the Town Board in support of this Resolution as follows: 1. Abstract (KVS) as processed on April 29, 2009 with a total of Seven Thousand, Nine Hundred Sixty -Six Dollars and 63/100 ($7,966.63); and 2. Abstract (KVS) as processed on April 30, 2009 with a total of Two Thousand, Ninety -Nine Dollars and 06/100 ($2,099.06); and 3. Abstract (KVS) as processed on May 1, 2009 with a total of One Hundred Twenty -Five Dollars and 00/100 ($125.00); and 4. Abstract (KVS) as processed on May 5, 2009 with a total of Two Hundred Twelve Thousand, Nine Hundred Eighty -Four Dollars and 29/100 ($212,984.29); and "Wain 5. Abstract (KVS) as processed on May 6, 2009 with a total of Twenty -Seven Thousand, Eight Hundred Eighty -Three Dollars and 54/100 ($27,883.54); and 6. Abstract (KVS) as processed on May 7, 2009 with a total of Three Hundred Thirty -Two Thousand, One Hundred Sixty -Five Dollars and 43/100 ($332,165.43); and 7. Abstract (KVS) as processed on May 8, 2009 with a total of Fifty -Two Thousand, Five Hundred Forty -Nine Dollars and 26/100 ($52,549.26); and 8. Abstract (KVS) as processed on May 12, 2009 with a total of Two Hundred Forty -Three Thousand, Three Hundred Eighty -Five Dollars and 70/100 ($243,385.70). BE IT FURTHER RESOLVED, the Town Board hereby authorizes the Town of Wappinger Accounting Department to transfer the respective funds into the General Disbursement Fund (GDF) to pay all claims as outlined in Abstracts as processed from 4/29/2009 to 5/12/2009. BE IT FURTHER RESOLVED, the Town Board hereby authorizes the issuance of warrants in accordance with the abstracts identified herein and then shall direct same to Supervisor Christopher Colsey and authorize and directs 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 -2009-202 A AM B DB T92 Central Hudson 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 2 0 ❑ ❑ ❑ Defeated William Beale Seconder 2 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator Q ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 $26.00 Joseph Paolorn Voter 0 ❑ 0 p Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-203 Resolution Approving Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Vendor A AM B DB T92 Central Hudson $249.41 Central Hudson $1,621.48 Central Hudson $40.04 Marshall/Sterling $153.00 Platts Locksmith $125.00 Pitney Bowes $699.00 Southern Dutchess News $61.58 Southern Dutchess News $26.00 Signal Graphics $298.08 Town of Wapp Little $10,000.00 League DC Sheriff $3,677.99 $15,078.35 I own o) Wappinger Page 16 Printed 5/27/2009 Regular Meeting Minutes May 26, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-203 Sedore & Company $2,356.00 Christopher Colsey, Supervisor SECONDER: William Beale, Councilman 0 Adopted Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: MVP $9,596.82 Abstain $2,817.85 $14,620.56 Christopher Colsey Voter 0 MVP Gold $2,554.30 ❑ Defeated $255.43 Initiator 0 ❑ Dan Zag Royal Auto Parts $131.94 El Tabled Vincent Bettina Seconder 2 ❑ El Protection One $91.13 Maureen McCarthy Voter ❑ ❑ ❑ 0 Frederick Clark Joseph Paoloni Voter $5,286.00 ❑ ❑ ❑ Frederick Clark $6,140.50 NySBOC-R. Serino $25.00 NySBOC-R. Serino $25.00 NySBOC-R. Serino $25.00 NySBOC-R. Serino $25.00 ABC Awards and Signs $12.50 Justice Court Fund $32,585.50 Staples $687.05 now Reserve Account $4,000.00 Cablevision $274.65 Gentech $2,044.80 Transcare $32,916.66 Toshiba $461.46 Poland Springs $127.12 WB Mason $12.49 Orrick, Herrington & Sutcliff $825.00 Verizon Wireless $240.64 $563.09 Pattern For Progress $30.00 Luigi D'Amelia $30.00 Totals $72,610.82 $32,916.66 $24,247.45 $14,875.99 $6.140.50 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-203 ADOPTED [UNANIMOUS] MOVER: Christopher Colsey, Supervisor SECONDER: William Beale, Councilman 0 Adopted Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 El ❑ Defeated William Beale Initiator 0 ❑ El ElEl El Tabled Vincent Bettina Seconder 2 ❑ El El ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. XI. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Colsey, Supervisor SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy A. Litigation (MTBE) Town of Wappinger Page 17 Printed 5/27/2009 Regular Meeting Minutes May 26, 2009 RESOI:UTION: 2009-188 Confidential Executive Session Resolution - MTBE Confidential The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-188 come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni No/Nay Abstain Absent D Adopted Christopher Colsey Voter E El ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 11El❑ ❑ Tabled Maureen McCarthy Voter ❑ El 0 ❑ Withdrawn Joseph Paoloni Voter R1 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 26, 2009 The Resolution is hereby duly declared adopted. Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy XII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy The meeting adjourned at 8:34 PM. �l /--J, i i 'John C. Masterson Town Clerk Town of Wappinger Page /8 Printed 5/27/2009