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2009-09-28 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Monday, September 28, 2009 7:00 PM Town Hall 7:00 PM Meeting called to order on September 28, 2009 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. 1. Call to Order H. Salute to the Flag v'"' III. Adoption of Agenda IV. Public Portion V. Minutes Approval Monday, September 14, 2009 Tuesday, June 16, 2009 VI. Correspondence Log 2009-291. Resolution Authorizing the Acceptance of the Correspondence Log VII. Executive Session A. Attorney Advice on Litigation of* Outstanding Escrows B. Attorney Advice on Absolute/O'Mara C. MTBE Settlement 2009-296. Confidential Executive Session Resolution - MTBE VIII. Discussions A. Ramp Variance - Bettina B. Meadowbrook Subdivision Escrow - Beale C. Stream Influence on Atlas/Hilltop Aquifers (Update) - Colsey/Cusack D. Update on Drainage Projects - Town Board/Gray E. Rockingham Curbs Change Order - Town Board/Gray/Foster IX. Public Hearings Hearing on the Intended Use of Community Development Block Grant Funds X. Resolutions 2009-273. Resolution Authorizing the Town Attorney to Draft a Local Law Establishing Term Limits for Members of All Elected and Appointed Legislative Boards and Committees 2009-297. Resolution to Approve Settlement with Exxon Mobil 2009-298. Resolution Awarding Bid for Replacement of Town Hall Boiler 2009-299. Resolution Authorizing Change Order No. 1 for Rockingham Farms Curb Replacement 2009-300. Resolution Authorizing the Submission of a Dutchess County Community Development Block Grant Program Application 2009-301. Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to Building Maintenance 2009-302. Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to the Recreation Department 2009-303. Resolution Authorizing Improvements within the Rights -Of -Way of Town Roads in Coordination with the Dutchess County Rail Trail 2009-304. Resolution Authorizing Refund of Unused Escrow for Pearson Lot Line Re -Alignment (Account 08-5142) 2009-305. Resolution Authorizing Refund of Unused Escrow for Mid Hudson Holdings, LLC Subdivision (Account 06-5112/07-5136) 2009-306. Resolution Authorizing Refund of Escrow for Mid Hudson Development Corp Subdivision (Account 99-5005) low 2009-307. Resolution Authorizing Refund of Unused Escrow for Lehigh Subdivision (Account 08-5139) 2009-308. Resolution Authorizing Refund of Unused Escrow for Cervalis, LLC Site Plan (Account 08-3167) XI. 2010 Budget A. Presentation of Tentative 2010 Budget by Town Clerk 2009-309. Resolution Scheduling Town Board Meetings to Adopt Budgets for Fiscal Year 2010 2009-310. Resolution Setting Public Hearing on the Proposed Budgets, O&M Charges, Water/Sewer Rates for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2010 Town oTWappinger Page I Printed 9/24/2009 Town Board Meeting Agenda September 28, 2009 2009-311. Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2010 and Setting a Public Hearing to Hear Any Objections Thereto B. Highway Budget Presentation - Foster XII. Items for Special Consideration XIII. New Business XIV. Town Board Review of Vouchers 2009-312. Resolution Authorizing the Town Board to Issue and Approve Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 2009-313. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-314. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XV. Adjournment Town of Wappinger Page 2 Printed 9/24/2009 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes — Chris Masterson 845-297-5771 Monday, September 28, 2009 7:00 PM Town Hall I. Call to Order Supervisor Christopher Colsey called the meeting to order at 7:00 PM. Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present Graham Foster Town of Wappinger Highway Supervisor Present Bob Gray Town of Wappinger Engineer to the Town Present II. Salute to the Flag III. Adoption of Agenda Supervisor Colsey statement Supervisor Colsey asked for the Board's consent to move the Executive Session, Resolution 2009-296 and Resolution 2009-297 to the end of the Agenda. The Board did not object. Motion To: adopt the Agenda as amended uw „ RESULT: ADOPTED [UNANIMOUSI MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Colsey, Beale, Bettina, McCarthy, Paoloni IV. Public Portion Motion To: open the public portion to the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Public comments Mary Schmalz was the first resident to speak. She asked for an explanation of Resolution 2009-302. Supervisor Colsey explained the need for the budget amendments. Motion To: close the public portion Nam RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page I Printed 101012009 Town Board Meeti V. Minutes Approval Monday, September 14, 2009 Minutes ber 28, 2009 Acce tance of Min7Maureen ber 14 2009 7:00 PMYes/Aye No/Nay Abstain Absent er Colsey Voter for June 16 2009 7:00 PM Yes/Aye No/Nay No/Nay rVoteRecord Beale Voter 0 Christopher Colsey ❑ Yes/Aye 0 as Amendedettina Seconder 0 ❑ William Beale ❑ 0 McCarthy Initiator 0 ❑ ❑ ❑ ❑ Seconder Joseph PaoloniVoter 0 ❑ Cl 0 Tabled T„ecrlav Tune 16- 2009 Vl. Correspondence Log RESOLUTION: 2009-291 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 -2009-291 ✓ Vote Record - Acce tance of Minutes for June 16 2009 7:00 PM Yes/Aye No/Nay No/Nay Abstain Absent Christopher Colsey Christopher Colsey Voter Yes/Aye 0 ❑ ❑ ❑ ❑ ❑ Accepted William Beale Voter 0 ❑ ❑ ❑ Defeated ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ Cl 0 Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni , Joseph Paoloni Voter 0 ❑ ❑ ❑ Vl. Correspondence Log RESOLUTION: 2009-291 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 -2009-291 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 D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. VII. Discussions A. Ramp Variance - Bettina Supervisor Colsey opened the discussion at 7:06 PM. Councilman Bettina noted that he has had some constituents come to him with a request for a waiver of the fee to install handicapped ramps or decks. Councilman Bettina would like the process to be easier for them and recommends waiving the fees and variance requirements, providing that they can provide a letter from a doctor. Councilman Bettina made a motion to authorize David Stolman, Town Planner, to draft a Local Law for this issue. Supervisor Colsey noted that the motion was also adding this to the next Town Board Agenda. The motion was seconded by Councilman Beale and passed unanimously. Motion To: add this item to the next Town Board Agenda for Resolution RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni B. Meadowbrook Subdivision Escrow - Beale Supervisor Colsey opened the discussion at 7:09 PM. Councilman Beale noted that he had asked for this item to be on the Agenda. He would like to discuss this item under Executive Session. Supervisor Colsey asked if there was any opposition from the Board. There was none. Torn of Wappinger Page 2 Printed 10/62009 Town Board Meeting Minutes September 28, 2009 C. Stream Influence on Atlas/Hilltop Aquifers (Update) - Colsey/Cusack Supervisor Colsey opened the discussion at 7:10 PM. Tom Cusack, Vice President of Leggette, Barshears & Graham, Inc. (LBG), a professional groundwater and environmental engineering service company, gave a brief history and summary of the topic of "Groundwater under the Influence". LBG and CAMO Pollution Control began a groundwater and influence study in 2003. A much more detailed study was done in 2005. Mr. Cusack explained what groundwater under the influence was. He used diagrams of the well field to help illustrate his points. He explained how microscopic organisms and bacteria could make it into the well system. Councilman Bettina asked if the organisms found in these studies are unique to Wappinger or if they are being found in other municipalities. Mr. Cusack and Mike Tremper, of CAMO Pollution Control, explained that they are not unique to Wappinger. Discussion followed. Mr. Cusack continued with his presentation. The study that he conducted tells that the wells are under a moderate risk. There is no presence detected of giardia or cryptosporidium in the wells. They have been detected in the stream though. Councilwoman McCarthy asked for an explanation of the pilot study. She asked if it is a goal to get the giardia out of the stream. Mr. Cusack explained that the study would be taking a small amount of water, as discharged from the well, and running it through a filtration unit. Mike Tremper added that, sooner or later, the Town will be mandated to filter. The Board authorized Morris Associates to do some pilot studies. When the time comes, the Town of Wappinger will now have the information and will have a good idea of what it will cost for treatment. Discussion followed. Councilman Paoloni asked where the testing takes place and how long it takes. Stacy Stieber, of LBG, replied that there were two labs in New York that she knew of There is one in Ithaca and one in Utica. It takes about 4-5 weeks get the results. Councilman Paoloni went on to say that he wanted to make sure that the information he was receiving now was the same information he was given when they shut down the Rockingham wells. Mr. Tremper explained that this was a different type of procedure than what was used in Rockingham. This is a stronger investigation. It takes a lager cross section than was taken at Rockingham. Discussion followed. Supervisor Colsey closed the discussion at 7:31 PM. D. Update on Drainage Projects - Town Board/Gray Supervisor Colsey opened the discussion at 7:31 PM. Bob Gray, Engineer for the Town, first updated the Board on the drainage issue at the Airport soccer field. Mr. Gray visited the site and found that there is a drainage pipe under Airport Drive and an 18" concrete culvert that runs under Airport Drive and discharges onto the field. The outlet from the pipe was 75% blocked and is surrounded by a fence with no gate. He recommends that a gate be installed so that Recreation personnel can maintain the outlet. He also noted that there is a drop of only 1-2 feet for the 420 foot length of the field. The field needs to be maintained very carefully. Mr. Gray then updated the Board on the erosion behind Mr. Wirzbicki's house. He provided the Board with a map to help illustrate the issue. He suggested installing a splitter structure so that not all the flow goes to the south. The ditch area to the south would then need to be restored. There are also "wash -outs" beyond the Wirzbicki property. Mr. Gray purposes, as a first step, to do a drainage study, some survey work and calculations to find out how much water they are dealing with and how much water can be diverted to the north and to the south. Since there are no easements in that area, and since the work will be on private property, Mr. Gray suggested the board consult with the Town Attorney. The cost for survey work and drainage study is about $15,000.00. Al Roberts, Town Attorney, explained what decisions the Board will need to make. Councilwoman asked how long the study would take. Mr. Gray answered that it would take two months. Supervisor Colsey asked for a motion to authorize the Town Engineer to perform a drainage study for the Wirzbicki property. Discussion followed. Supervisor Colsey asked if someone would like to make a motion. Councilman Paoloni made a motion. Tile motion was seconded by Councilwoman McCarthy and passed unanimously. Motion To: authorize the Town Engineer to go forward on a drainage study RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Joseph Paoloni, Councilman Maureen McCarthy, Councilwoman Colsey, Beale, Bettina, McCarthy, Paoloni Torn of Wappinger Page 3 Printed /0/6/2009 Town Board Meeting Minutes September 28, 2009 E. Quiet Acers Park Supervisor Colsey opened tate discussion at 7:43 PM. Councilwoman McCarthy noted that residents from Quiet Acres were present and seeking an update on an incident that occurred at the Quiet Acres Park. Supervisor Colsey explained that the soccer program was using the field because the fields at Airport Drive were wet. The soccer program is now back to using Rockingham and Airport Drive. Supe visor Clsey s made tontheted Suplat the soccer ervisor and Sheriffs am was Department. parking on the field at Quiet Acres. A call wa The end result is that the soccer program will no longer be using the field. A resident from Quiet Acres asked if the soccer program will be using the field next year. Supervisor Colsey answered that he hopes they will not need to. Discussion followed. F. Rockingham Curbs Change Order - Town Board/Gray/Foster Supervisor Colsey opened the discussion at 7:45 PM. Bob Gray, Engineer to the Town, gave an update on the curb work being done in Rockingham. There are three sections where work is being done adjacent to County roads. Those sections are: Scott Drive and Hopewell Road, Carroll Drive and All Angels Hill Road and Regency Drive and All Angels Hill Road. The curb that was chosen for Rockingham does not include reinforcement. Dutchess County has commented that they want their curb sections to have reinforcement. For this change, the contractor wants $15.00/foot more, approximately an additional $3,200, to reinforce these sections. Councilwoman McCarthy felt that this was a good suggestion. Discussion about the curbs followed. Councilman Beale stated that he did not have an objection to the change. Mr. Gray then noted that there was a resident on Regency Drive that does not want the curb to be put in across her driveway. She does not want to be inconvenienced. Councilman Paoloni asked if Mr. Gray had an opinion as to whether the curb in front of that resident's driveway should be done. Mr. Gray answered, in that case, that they would have liked to do it. The Board agreed that it should then be done. Councilwoman McCarthy asked if the Town could legally install the curb despite the fact that the resident asked that it not be done. Al Roberts, Town Attorney, replied that it is Town property. Graham Foster, Highway Superintendent, described the current condition and what he feels should be done. Councilwoman McCarthy again noted that the job should be completed as approved and the resident should be encouraged to understand the need to complete the project correctly. Councilman Beale and Councilman Bettina also agreed that the job should be done as planned. VIII. Public Hearings Motion To: to open Public Hearing RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Maureen McCarthy, Councilwoman William Beale, Councilman Colsey, Beale, Bettina, McCarthy, Paoloni Public Hearing on the Intended Use of Community Development Block Grant Funds Supervisor Colsey asked for a motion to open the Public Hearing. The motion was made by Councilman Bettina, seconded by Councilwoman McCarthy and passed unanimously. Deputy Town Clerk, Christine Fulton, 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). Supervisor Colsey noted that the application needs to be posted by the end of the week. The 2008-2012 priorities are affordable housing, economic development, public facilities and infrastructure improvement for a maximum grant of #150,000, and public services to include handicapped accessibility, parks and recreation and historic preservation, for a maximum grant award of $100,000. He asked for comments from the Board. Councilman Beale recommended extending the water infrastructure on Route 9, from the point it is set to end based on the Adams project to the Fowlerhouse Road, South Fowlerhouse Road, Peggy Lane and Card Road area. Supervisor Colsey opened the floor to the public. The first resident to speak was Gary Mensching. He is a Town resident and President of the Town of Wappinger Little League. Mr. Mensching proposed using the grant application to build a baseball field that meets the ADA requirements. None of the Town fields meet the requirements. Such a field would serve the senior citizens, disabled veterans and children with special needs. Mr. Mensching gave examples of why the current fields are not acceptable for those groups. He went on to describe the type of field that he is proposing. Councilman Bettina made a recommendation to consider looking at the Chelsea docks as a possible item for the grant. Town of Wappinger Page 4 Printed 10/6/2009 Town Board Meeting Minutes September 28, 2009 Supervisor Colsey noted that the items being proposed for the grant are now: handicapped parking for the Town Hall, the water line extension mentioned by Councilman Beale, the ball fields mentioned by Gary Mensching and the docks at Chelsea. Councilman Paoloni noted that there was a planned Phase 3B to complement the Phase 3A sewer expansion. He recommended finding out if this would be an item that could be submitted for the grant. Discussion followed. Supervisor Colsey noted that the Board needs to narrow the list down and decide what will be submitted for the grant. He noted that the handicapped parking at Town Hall is a $10,000 project that could be eliminated from the list. Councilman Bettina added that the Chelsea dock may be able to come out of Parkland Trust and, therefore, can be eliminated from the list. Supervisor Colsey then pointed out that the items remaining are the water extension, the ball fields and Phase 3B. Councilwoman McCarthy stated that she is a supporter of the Challenger League, but, if they are limited in what they can apply for, she would be willing to split the grant application with the Phase 3B idea. Councilman Beale commented that there are two categories for the grant: one for infrastructure improvements and one for handicapped accessibility, parks and recreation or historic preservation. He was under the impression that the water extension was going to be submitted for CDBG. He feels that the Challenger idea is a separate category item and both applications could be submitted. Al Roberts, Town Attorney, asked if the grant application for Phase 3B would be for a study or for actual construction. Councilman Paoloni replied that the study is already done. Mr. Roberts noted that the costs for Phase 3B would be rather massive and $100,000 would not go a long way. Discussion followed. Gary Mensching noted that he has discussed the ball field idea with Ralph Holt, Chairman of the Recreation Committee, and Mr. Holt is supportive of the idea. Councilman Paoloni asked if this would be the only such ball field in the state. Theresa Briccetti pointed out an example of another ball field in the state. Councilman Paoloni asked if there was a demand for this type of activity. Supervisor Colsey answered that there is. Councilman Paoloni then noted that the Town may also be able to rent out the field as a source of revenue. He asked Ms. Briccetti to find out what the other municipality is charging to rent out their field. Mary Schmalz was next to speak. She asked if the grant could be used for Carnwath. Supervisor Colsey asked what the Board thought of using the grant application for Carnwath. Councilwoman McCarthy felt that, since there is no consensus as to the future use of the property, it wouldn't be a priority to seek a grant for the property. She would not be opposed to a future grant if there was consensus. �— Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town o/'Wappinger Page 5 Printed 10/6/2009 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER .M AFFIDAVIT OF POSTING NOTICE OF PUBLIC HEARING ON THE COMMUNITY DEVELOPMENT BLOCK GRANT. STATE OF NEM' YORI� ) ) 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 August 19th, 2009, your deponent posted a copy of the Notice of Public Hearing on the Community Development Block Grant, 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. L ohn C. Masterson Town Clerk Town of Wappinger Sworn to before me the 28th day of September, 2009 y�. NOTARY PUBLIC _ 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 #85045 State of NEW YORK SS: County of DUTCHESS I, JOAN MILLER, being duly sworn, depose and sa«: 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 08/19/09. ;i Sworn to before me this 19th day of August, 2009 ALBERT M OSTEN Notary Public, State of NEW YORK -Now No. 14-8240760 Qualified in DUTCHESS County My commission expires on May 16, 2011 INOTICEOFPUBLIC ithe purposeand intent HEARING of the Public Hearing TOWN OF ' . 'is.to allow the citizens WAPP>INGER,,of :the Town of .Wap- NOTICE.IS HEREBY ginger to offer ;,Com- ,GIVEN that;the Town merits .and sugges-. IBoard,Ton ofthe w;of `tions on the Town's in' IVVgppinger .will ,con ;.,ended .use of .;Com jductaPUBLICHEAR- ',"munity Development IING:onthe.28thdayof wBlockGrant Funds for �5eptgmber,W2009, at ycalendaryear,2010,in. 7 0 P M Oat the Town 'furtherance of assist-' Hall, Town hof Wap rgng;theTown.Board of pinger, 20 :Middle'l lihe ,Town of ~Wap_ bush- #Road;, Wap- „pinger, .to .determine' cpingers Falls, 'New ithe best; use of =such !York,;a'which time all funds in ,light of ,the kparties inInterest and jTown's needs and to citizens shall.have an !draft -a Resolution.re- opportunity to offer G lating to theTown's in - `comments and aug= tended,:use ;-of ;,any �.gestions, :.on he ECommunity;Develop- Town's :intended .use Ment ;Block.. Grant ,of Community.Devel- �Funds4hat it:may.re- y6pment Block Grant xeive. - Funds for,;calendar FPLEASE-TAKE'FUR= lyear.2010 ,Following 'THER NOTICE :that the :Public _.Hearing, kthe Town Board ,has the Town .intends .to 'for determined that pur- NYCRR make :application Cornmunity�Develop `' Isuant lo,,6 `617 5 (c)'(20) the pro- me'nt.N-,Block' Grant "posed adoption ofthe Wrundspur.suanttothe .aforementioned Res- 'DutchessCounty De- olution is,a Type ;Ii ac- 4partment of RIanninng; -tion notrequiringenvim- kpnd :Development's ronmentalreview pur- Commi4nityDevelop 'suant to the State En- mentBlockGrantPro, Ivironmental Quality Review Act (SEQRA) ;PLEASE TAKE.FUR- or pursuant to 'Local °THER-NOTICE that :LawNo.6of1992and; accordingly, no envi- ronmental review has been undertaken: RECEIVED Dated: August'13th,,2009 7�� BYORDEROFTHE LI TOWN BOARD OF THE TOWN OF WAPPINGER - , JOHN C. MASTERSON, TOWN CLERK ANG Falls; ' urhii•h Ane gowns ,,n, use of -,any Comi Development Grant •'F.unds 'tt may receive. PLEASE",; TAKE i THER NOTICE th Town Board has mined ;;that , „pt to 6 7NYCRR ?6r (20) the or adoption of 'the mentioned M is a Type +II acti requiring envir tal review kpurst the State .Envir tal Quality xRevii (SEQRA) or p to Local Law N1 1992 and acce no 'ehVirohmehi view has been taken Dated L ;August 2009' ^ .::i:1, BY ORDER ' -'r:0 TOWN BOARD OF THE OF WAPPINGER' JOHN--C.._.:MAS TOWN CLERK : lakeeps- ePoughkeepsie, N.Y. �alourtia( State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess 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 19th day of Aug • in the year of 2009 and on the following dates thereafter, namely on: 1 And ending on the ay of in the ye of 2009 both days inclusive. Zvi�—�� Subsc bed � and sworn to before me this (- iCi day of ,. in the year of 2009 Notary Public Gj 3 O`- My commission expires �� OWN ELIZABETH A. FARINAS 350N; NOTARY PUBLIC, State of New York No,01FA4S44793 Qualified in Ditches o my Commission =xpires� JI k— Town Board Meeting Minutes September 28, 2009 IX. Resolutions RESOLUTION: 2009-298 Resolution Awarding Bid for Replacement of Town Hall Boiler WHEREAS, by Resolution adopted on the 10"' day of August, 2009, the Town Board adopted a Resolution authorizing the issuance of $90,000.00 Bonds to pay for the demolition of existing boiler and the installation of two new boilers at the Town Hall; and WHEREAS, bids and specifications were prepared by Robert J. Gray of Morris Associates, Engineer to the Town, for the work required for the demolition of existing boiler and the installation of Ulm two new boilers at the Town Hall; and WHEREAS, bids were duly solicited for the work to be done in connection with the demolition of the existing boiler and the installation of the two new boilers at the Town Hall; and WHEREAS, the following bids were received: Company Total Perfect Comfort $86,500.00 Mechanical Southeast $88,196.00 WHEREAS, by letter dated September 23, 2009, from Robert J. Gray, of Morris Associates, Engineers to the Town, it has been determined that the lowest responsible bidder is Perfect Comfort, with a bid in the amount of $86,500.00. 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 awards the bid for the demolition of the existing boiler and the installation of two new boilers at the Town Hall to Perfect Comfort in the amount of $86,500.00. 3. In accordance with the authorized bid specifications, the Town Board hereby authorizes the Supervisor to execute the contract documents as prepared by Morris Associates, including the Notice of Award and Notice to Proceed, and forward a copy to Perfect Comfort, after the Attorney to the Town has confirmed that Perfect Comfort has duly executed the contract documents, has supplied the necessary Performance Bond and Payment Bond and has provided insurance certificates, all as otherwise required by the bid specifications. Q• The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-298 0 Adopted Yes/A�e No/Nap Abstain Absent ❑ Adopted as Amended Christopher Colsey Seconder Q ❑ ❑ ❑ ❑ Defeated William Beale Voter Rl ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter p ❑ ❑ ❑ ❑ Witlidiawn Maureen McCarthy Initiator ❑ ❑ ❑ Joseph Paoloni Voter p ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-299 Resolution Authorizing Change Order No. 1 for Rockingham Farms Curb Replacement WHEREAS, the Engineers to the Town, Morris Associates Engineering Consultants, PLLC, has approved Change Order No. 1 to the Contract for Rockingham Farms Curb Replacement, as per letter dated September 18, 2009. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set now forth and adopted herein. 2. The Town Board hereby approves Change Order No. 1 in the amount of Three Thousand, Two Hundred Seventy Dollars ($3,270.00), dated September 17, 2009, for Rockingham Farms Curb Replacement Contract between the Town of Wappinger and Thomas Gleason, Inc., resulting in a new contract sum in the amount of One Hundred Twenty -Six Thousand, Seven Hundred Seventy Dollars ($126,770.00) for the reasons set forth in a letter dated September 18, 2009, from Morris Associates Engineering Consultants, PLLC, with costs identified in the letter of Morris Associates Engineering Consultants, PLLC, dated September 18, 2009, affixed hereto. Town ofWappinger Page 6 Printed 10/6/2009 Tntern Rnarri MPPtlnn Minutes The foregoing was put to a vote which resulted as follows: September 28, 2009 ✓ Vote Record - Resolution RES -2009-299 Yes/Aye No/Nay AbstainjAbsent0 Adopted Christopher Colsey Voter❑ Yes/Aye No/Nay Adopted as Amended Beale VoterWilliam 0 Adopted Christopher Colsey Voter 0 ❑ DefeatedVincent Bettina Seconder❑ ❑ ❑ Adopted as Amended ❑ Voter Tabled Maureen McCarthy Initiator0 ❑ ❑ ❑ ❑ ❑ Withdrawn Jose h Paoloni Voter 0 ❑ ❑ ❑ Tabled Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-300 Resolution Authorizing the Submission of a Dutchess County Community Development Block Grant Program Application WHEREAS, the Town of Wappinger is participating in the Dutchess County Community Development Block Grant; and WHEREAS, input from citizens and groups has been received and considered at a public hearing on September 28, 2009; and WHEREAS, the Town Board has recommended, during the course of the Public Hearing and subsequent public deliberation, that an application be prepared which addresses specific community concerns. NOW, THEREFORE BE IT RESOLVED, that the Dutchess County Community Development Consortium Fiscal Year 2010 application for the Town of Wappinger including the certifications and necessary supporting documentation is hereby approved. BE IT FURTHER RESOLVED, that the submission of said application to the Dutchess County Department of Planning and Development be and hereby is authorized. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-300 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-301 Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to Building Maintenance WHEREAS, the Town of Wappinger adopted the Final Budget for Fiscal Year 2009 on November 19, 2008; and WHEREAS, the Town Hall has incurred numerous telephone service interruptions during the months of August and September, requiring the intervention of service provider repair personnel; and WHEREAS, it was identified that the T-1 serving Town Hall was shutting down due to excessive heat in its attic location, due to an internal protection switch, and that two internal phone trunk lines had shorted due to wire insulation failure; and WHEREAS, the Town Supervisor was advised that the concern could be mitigated through the installation of area ventilation; and WHEREAS, the Town Supervisor gained an estimate to install the area ventilation at a cost not to exceed Five Hundred Seventy -Five Dollars and 00/100 ($575.00); and WHEREAS, the Town Accountant has recommended payment of the proposed expense through Budget Line A1620.400 (Central Hudson); and WHEREAS, the proposed budget amendments do not affect the overall budgeted amount Town of Wappinger Page 7 Printed 10/61200Y Town Board Meeting Minutes September 28, 2009 for the department(s) or the public tax levy for fiscal year 2009; and WHEREAS, the proposed budget amendments are as follows: Line Description Budget Increase Decrease A 1620.400 Central Hudson $75,000.00 $575.00 A1620.450 Maintenance/Misc. $25,000.00 $575.00 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor and Town Accountant to amend the Town of Wappinger Budget adopted for the 2009 Fiscal Year in accordance with the aforementioned proposed budget amendments. BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to submit a building permit application to the Code Enforcement Office for the installation of the attic area ventilation. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-301 D Adopted Ves/Aye No /Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter p ❑ ❑ ❑ ❑ Deleated William Beale Voter p ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 2 ❑ ❑ ❑ ElWithdtawn Maureen McCarthy Initiator 9 ❑ ❑ ❑ Joseph Paoloni Voter p ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-302 Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to the Recreation Department WHEREAS, the Town of Wappinger adopted the Final Budget for Fiscal Year 2009 on November 19, 2008; and WHEREAS, on September 18, 2009, the Town of Wappinger Recreation Chairman provided a memo entitled "Re -allocation of Funds/Summer Playground" to the Town Board in respect to proposed amendments within the summer playgrounds budgets (B Fund) for the purpose of correcting payroll in respect to summer camp employees; and WHEREAS, the proposed budget amendments do not affect the overall budgeted amount for the departments or the public tax levy for fiscal year 2009; and WHEREAS, the proposed budget amendments are as fellows: Line Description Budget Increase Decrease B7310.104 Swim Program Inst $14,036.00 $872.55 B7310.105 Floating Director $5,099.00 $719.75 B7310.102 Playground Director $18,428.00 $635.55 B7310.103 Playground Counsel $45,000.00 $482.75 Total $1355.30 $1355.30 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor and Town Accountant to amend the Town of Wappinger Budget adopted for the 2009 Fiscal Year in accordance with the aforementioned proposed budget amendments. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-302 El Adopted Yes/Aye No/Nay Abstain Absent Amended Christopher Colsey Voter 0 ❑ ❑ ElEl Adopted as El Defeated William Beale Voter Z ❑ ❑ El ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 8 Printed /0/6/2009 Tntnrn Rnarri MPPi-ina Minutes RESOLUTION: 2009-303 September 28, 2009 Resolution Authorizing Improvements within the Rights -Of -Way of Town Roads in Coordination with the Dutchess County Rail Trail WHEREAS, the Town of Wappinger has supported the construction and implementation of the Dutchess County Rail Trail; and WHEREAS, the County is initiating Stage 3 of the Rail Trail, which traverses the Town of Wappinger; and WHEREAS, the County, in a letter dated September 22, 2009, and provided to the Town Board in advance of the Town Board meeting, has request the authority to construct improvements within the Town of Wappinger rights -of way; and WHEREAS, the Town Highway Superintendent has reviewed the County request and accompanying documentation, entitled Dutchess Rail Trail -Stage 3, and does not object to the project and use of rights-of-way as proposed. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the County of Dutchess to construct improvements in respect to the proposed Dutchess County Rail Trail - Stage 3 within the rights-of-way of Town roads subject to the oversight of the 'Town Highway Superintendent. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-303 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 2 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator D ❑ ❑ ❑ ❑ Defeated Vincent Bettina seconder D ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter Rl ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. Motion To: to look into the dedication of some of the Town's access roads to the County RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2009-304 Resolution Authorizing Refund of Unused Escrow for Pearson Lot Line Re -Alignment (Account 08-5142) WHEREAS, on or about June 2, 2008, Widmer Construction Co. (hereinafter the "Applicant") filed an application for approval of a Lot Line Re -alignment under Application Number 08-5142; and WHEREAS, on or about, June 2, 2008, the Applicant deposited One Thousand, Five Hundred Dollars ($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 Resolution of Approval was signed on July 16, 2009; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Three Hundred Seventy -Five Dollars and 80/100 ($375.80) remains in the escrow account, and Applicant has requested a refund of said escrow balance; and 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 Three Hundred Seventy -Five Dollars and 80/100 ($375.80) from escrow account number 08-5142, representing the unused escrow balance for the above project. Town of Wappinger Page 9 Printed 10/6/2009 Town Board Meeting Minutes September 28, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record- Resolution RES -2009-304 0 Adopted Yes/Aye No/Nap 0 Adopted Absent ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 1❑ ❑ ❑ ❑ Defeated William Beale Voter Q ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy seconder 0 ❑ ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-305 Resolution Authorizing Refund of Unused Escrow for Mid Hudson Holdings, LLC Subdivision (Account 06-5112/07-5136); WHEREAS, on or about January 17, 2006, Mid Hudson Development Corp. (hereinafter the "Applicant") filed an application for Subdivision Approval under Application Number 06- 5112/07-5136; and WHEREAS, on or about, January 17, 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, an additional escrow deposit of Seven Thousand, Eight Hundred Forty - Seven Dollars and 05/100 ($7,847.05) was made on June 1, 2007; and WHEREAS, the application was approved and the Resolution of Final Subdivision Approval was signed on June 18, 2007; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Six Thousand, Seven Hundred Forty -Eight Dollars and 25/100 ($6,748.25) remains in the escrow account, and Applicant has requested a refund of said escrow balance; and low 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 Six Thousand, Seven Hundred Forty -Eight Dollars and 25/100 ($6,748.25) from escrow account number 06-5112/07-5136, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-305 0 Adopted Yes/Aye No/Nap Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-306 Resolution Authorizing Refund of Escrow for Mid Hudson Development Corp Subdivision (Account 99-5005) WHEREAS, on or about February 8, 1999, Mid Hudson Development Corp. (hereinafter the "Applicant") filed an application for Subdivision Approval under Application Number 99- 5005; and WHEREAS, on or about, February 8, 1999, the Applicant deposited Five Thousand Torn o/ Wappinger Poge 10 Printed 10/6/2009 Town Board Meeting Minutes September 28, 2009 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 Final Subdivision Approval was signed on January 14, 2000; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Eight Hundred Thirty -One Dollars and 00/100 ($831.00) remains in the escrow account, and Applicant has requested a refund of said escrow balance; and WHEREAS, the Town Accountant has audited the escrow account and has determined that a refund is due to the Annlicant. 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 memo Eight Hundred shirty -One Dollars and 00/100 ($831.00) from escrow account number 99-5005, representing the unused escrow balance for the above project. The foregoing was put to a,, ote which resulted as follows: ✓ Vote Record - Resolution RES -2000-306_ -- —T Yes/Aye No/Nay Abstain Absent Adopted❑ ❑ 11Christopher Colley Voter � ❑ Adopted as Amended William Beale Initiator ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder D ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ ❑ Withdrawn Joseph Paolom Voter ❑ ❑.___ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-307 Resolution Authorizing Refund of Unused Escrow for Lehigh Subdivision (Account 08- 5139) WHEREAS. on or about March 5, 2008, Alan and Margaret Lehigh (hereinafter the "Applicants") filed an application for Subdivision Approval under Application Number 08-5139; and WHEREAS, on or about, March 6, 2008, the Applicants deposited Three Thousand, Seven Hundred Fifty Dollars and 00/100 ($3,750.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, the Applicants, by letter dated August 17, 2009, have requested that the project be withdrawn; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Seven Hundred Forty -Eight Dollars and 30/100 ($748.30) remains in the escrow account and Applicants have requested a refund of said escrow balance; and WHEREAS, the Town Accountant has audited the escrow account and has detennined that a refund is due to the Applicants. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to Applicants in the total amount of Seven Hundred Forty -Eight Dollars and 30/100 ($748.30) from escrow account number 08-5139, representing the unused escrow balance for the above project. Town of Wappinger Page I l Printed 1016/2009 Town Board Meeting Minutes September 28, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-307 0 Adopted Yes/Aie No/Nab° Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter Z ❑ ❑ ❑ ❑ Defeated William Beale Voter Z ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator Z ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy seconder 2 ❑ ❑ ❑ Jose h Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-308 Resolution Authorizing Refund of Unused Escrow for Cervalis, LLC Site Plan (Account 08-3167) WHEREAS, on or about August 27, 2008, Cervalis, LLC (hereinafter the "Applicant") filed an application for approval of a Site Plan for an Emergency Generator under Application Number 08-3167; and WHEREAS, on or about, September 11, 2008, the Applicant deposited One Thousand Dollars and 00/100 ($1,000.00) 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 January 5, 2009; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Two Hundred Fifty -Two Dollars and 501100 ($252.50) remains in the escrow account, and Applicant has requested a refund of said escrow balance; and 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 Hundred Fifty -Two Dollars and 50/100 ($252.50) from escrow account number 08-3167, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-308 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter Q ❑ ❑ ❑ ❑ Defeated William Beale seconder Z ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter Z ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator Z ❑ ❑ ❑ Joseph Paoloni Voter 2 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. X. 2010 Budget A. Presentation of Tentative 2010 Budget by Town Clerk woo Supervisor Colsey presented the Town Board with the 2010 Tentative Budget and gave a quick summary. He also thanked the Town Accountant, Fredrick Awino, for the work he has done on the Budget. Councilman Bettina asked if the Board was looking at a tax decrease. Supervisor Colsey answered that the practical tax decrease at the tentative stage is $23.10. Councilwoman McCarthy asked if the Town has been utilizing evaluations for determining raises. Supervisor Colsey answered that evaluations are not being used. Councilwoman McCarthy asked how raises will be detennined. Supervisor Colsey answered that they could use evaluations or cost -of -living levels. Councilman Bettina noted that this is a good start. Councilman Paoloni added that this may be a decrease, but the Poughkeepsie Journal will report it as an increase. He went on to explain the difference between the tax rate, assessment and tax levy. Discussion followed. Town oTWnppinger Page 12 Printed /0/6/2009 Town Board Meeting Minutes September 28, 2009 Motion To: amend resolution 2009-309 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2009-309 Resolution Scheduling Town Board Meetings to Adopt Budgets for Fiscal Year 2010 WHEREAS, the Town Supervisor, as Budget Officer, pursuant to § 106 of the Town �+ Law, has presented the Tentative Budget to the Town Board for review, examination and possible revision; and WHEREAS, said Tentative Budget has been submitted to the Town Clerk on September 28, 2009, as required by law; and WHEREAS, the Town Clerk, on September 28, 2009, has delivered the Tentative Budget to the Town Board in accordance with Town Law § 106; and WHEREAS, New York State Town Law §108 requires that the Town Board must hold a public hearing on the Preliminary Budget on or before the Thursday after the general election in November; and WHEREAS, Town Law requires the adoption of a Final Budget on or before November 20, 2009; and WHEREAS, in order to accomplish the Budget Adoption Schedule set forth in Article 8 of the Town Law, the Town Board hereby establishes the following tentative schedule of Town Board Meetings set forth below, reserving unto itself the right to change the scheduled meetings if circumstances require. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules the following meetings of the Town Board to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the following dates, for the purpose of examining, discussing, deliberating and adopting the Town Budget for 2010: Regular Town Board Meeting Tuesday, October 13, 2009 at 6:00 PM Budget Discussions Regarding now • Accounting • Supervisor • Town Board • Town Clerk Assessor • Tax Receiver • Courts • Highway Special Town Board Meeting Monday, October 26, 2009 at 6:00 PM Budget Discussions Regarding • Recreation/Parks/Senior Center • Code Enforcement Special Town Board Meeting Wednesday, November 4, 2009 at 7:00 PM Public Hearing(s) for Special Improvement Districts and Special Improvement Areas • Budgets • Benefit Assessment Rolls • Quarterly Operation and Maintenance Charges, Water Rates and Sewer Rents • Note - if possible, the Notice of Public Hearings for the Special Improvement Districts and Improvement Areas are to be sent with the water and sewer quarterly billings Public Hearing on Town of Wappinger Preliminary Budget for Fiscal Year 2010 BE IT FURTHER RESOLVED that the Town Clerk is hereby requested to provide notice to the public of the meetings established by this Resolution in accordance with Town Law, the Town of Wappinger Code and the Rules of Procedure of this Board. Town of Wappinger Page 13 Printer! 101612009 Town Board Meeting Minutes September 28, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-309 El Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colsey seconder 0 ❑ ❑ ❑ Defeated William Beale Voter 2 E3 El El❑ El Tabled Vincent Bettina Voter Rl El El ❑ Withdrawn Maureen McCarthy Initiator D ❑ ❑ ❑ Joseph Paoloni Voter Rl ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-310 Resolution Setting Public Hearing on the Proposed Budgets, O&M Charges, Water/Sewer Rates for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2010 WHEREAS, the Town Board annually establishes budgets for the financing of all Special Improvement Districts and Special Improvement Areas within the Town of Wappinger for the ensuing year, and as part of the budget process the Town Board establishes Operation and Maintenance Charges (O&M Charges), Rates and/or Rents, to be charged against those properties within said Special Improvement Districts or Special Improvement Areas; and WHEREAS, the Town Board has completed the proposed budgets and has established proposed quarterly O&M Charges, Rates and Rents to be charged against those properties within said Special Improvement Districts and Special Improvements Areas for Fiscal Year 2010; and WHEREAS, the Town Board, as required by Town Law, hereby schedules and orders a Public Hearing for the purposes of hearing and considering any objections which may be made to the aforementioned proposed budgets, and the proposed quarterly O&M Charges, Rates and Rents for the Special Improvement Districts and Special Improvement Areas for Fiscal Year 2010. 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 that it has completed the proposed budgets for Fiscal Year 2010 and has set proposed quarterly O&M Charges, Rates and Rents to be levied against the properties within the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger. 3. The Town Board hereby schedules a Public Hearing to be held at a special meeting of the Town Board on November 4, 2009, at 7:00 p.m., at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, for the purposes of hearing and considering any objections which may be made to the proposed budgets and the proposed quarterly O&M Charges, Rates and Rents to be levied against the properties within the Special hnprovement Districts and Special hnprovement Areas in the Town of Wappinger, as noted below, for Fiscal Year 2010. SPECIAL IMPROVEMENT DISTRICTS Town -wide Ambulance District United Wappinger Water District Fleetwood Water District Mid -Point Park Sewer District Rockingham Farms Sewer District Wildwood Sewer District Fleetwood Sewer District Cameli Lighting District UWW Chelsea Lighting District Hughsonville Lighting District Keenan Acres Drainage District SPECIAL IMPROVEMENT AREAS: Sewer Improvement Area #5 Wappinger Sewer Improvement Area No. Wappinger Sewer Transmission/ Treatment Improvement Area - Phase 1 Wappinger Sewer Transmission/ Treatment Improvement Area - Phase 2 Wappinger Sewer Transmission/ Treatment Improvement Area - Phase 3A Watch Hill Sewer Improvement Area Town of 6Vappii ger Poge 14 Primed 10/6/2009 Town Board Meeting Minutes September 28, 2009 Tall Trees Water Improvement Area Watch Hill Water Improvement Area 4. The Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than five (5) prior to said public hearing date and posting the Notice of Public Hearing on the Message Board of the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-310 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 21 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator E ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ [23 Tabled Maureen McCarthy Voter 10 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby tabled. RESOLUTION: 2009-311 Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2010 and Setting a Public Hearing to Hear Any Objections Thereto WHEREAS, the Town Assessor has created preliminary benefit assessment rolls for all Special Improvement Districts and Improvement Areas within the Town of Wappinger for the Fiscal Year 2010 and tiled said rolls with the Town Clerk pursuant to Town Law § 239; and WHEREAS, the Town Board, as required by Town Law § 239, hereby schedules and orders a Public Hearing for the purposes of hearing and considering any objections which may be made to the aforementioned assessment rolls for the Special Improvement Districts and Special Improvement Areas for Fiscal Year 2010. 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. The Town Board hereby confirms that the preliminary benefit assessment rolls for all Special Improvement Districts and Special Improvement Areas in the Town of Wappinger have been filed with the Town Clerk as required by Town Law §239. The Town Board hereby schedules a Public Hearing to be held at a special meeting of the Town Board on November 4, 2009, at 7:00 p.m., at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, for the purposes of hearing and considering any objections which may be made to the benefit assessment rolls for the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger listed below for Fiscal Year 2010: SPECIAL IMPROVEMENT DISTRICTS Town -wide Ambulance District United Wappinger Water District Fleetwood Water District Mid -Point Park Sewer District Rockingham Farms Sewer District Wildwood Sewer District Fleetwood Sewer District Cameli Lighting District Chelsea Lighting District Hughsonville Lighting District Keenan Acres Drainage District SPECIAL IMPROVEMENT AREAS: Sewer Improvement Area #5 Wappinger Sewer Improvement Area No. 1 Wappinger Sewer Transmission/ Treatment Improvement Area - Phase 1 Wappinger Sewer Transmission/ Treatment Improvement Area - Phase 2 Wappinger Sewer Transmission/ Treatment Improvement Area - Phase 3A Watch Hill Sewer Improvement Area Tall Trees Water Improvement Area Town of Wappinger Pcige 15 Printed 10/6/2009 Town Board Meeting Minutes September 28, 2009 Watch Hill Water Improvement Area 4. The Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) nor more than twenty (20) days prior to said public hearing date and to post the Notice of Public Hearing on the Message Board of the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-311 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted Amended Christopher Colsey Voter 0 ❑ ❑ ❑ as ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ 0 Tabled Vincent Bettina Initiator 0 ❑ ❑ El ❑ Withdiawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby tabled. RESOLUTION: 2009-312 Resolution Authorizing the Town Board to Issue and Approve 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 between September 10, 2009 and September 23, 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 abstracts as processed between September 10, 2009 and September 23, 2009 as provided to the Town Board in support of this Resolution as follows: 1. Abstract (KVS), as processed on September 10, 2009, with a total of Ten Thousand, Ninety -Two Dollars and 25/100 ($10,092.25); 2. Abstract (KVS), as processed on September 15, 2009, with a total of Nineteen Thousand, Seven Hundred Seventeen Dollars and 09/100 ($19,717.09); 3. Abstract (KVS), as processed on September 16, 2009, with a total of Sixty -Eight Thousand, One Hundred Seventy -Eight Dollars and 00/100 ($68,178.00); 4. Abstract (KVS), as processed on September 17, 2009, with a total of Twenty - Eight Thousand, One Hundred Thirty -Seven Dollars and 58/100 ($28,137.58); 5. Abstract (KVS), as processed on September 18, 2009 (9:56 AM), with a total of Thirty Thousand, Three Hundred Seventy -Nine Dollars and 06/100 ($30,379.06); 6. Abstract (KVS), as processed on September 18, 2009 (1:40 PM), with a total of Two Hundred Fourteen Thousand, Two Hundred Nine Dollars and 42/100 ($214,209.42); 7. Abstract (KVS), as processed on September 18, 2009 (2:55 PM), with a total of Thirty Thousand, One Hundred Eighty -Nine Dollars and 11/100 ($30,189.11); 8. Abstract (KVS), as processed on September 21, 2009, with a total of Thirty -Seven Thousand, Two Hundred Sixty -Five Dollars and 83/100 ($37,265.83); and 9. Abstract (KVS), as processed on September 23, 2009, with a total of Seventy -Six Thousand, One Hundred One Dollars and 89/100 ($76,101.89). Town o/'Wapprnger- Page 16 Printed /0/6/2009 Town Board Meeting Minutes September 28, 2009 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 .dl claims as outlined in Abstracts as processed between September 10, 2009 and September 23, 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 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 - Resolutiou RES -2669-312 Yes/Aye No/Nap Abstain Absent 0 Adopted Chrislopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maurcen McCallhy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni _ Voter 0 ❑ _ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. B. Highway Budget Presentation - Foster Graham Foster, Highway Superintendent, referred to a memo that he had sent to the Board. The memo pointed out that they are approaching the end of the year and are out of money in some of the accounts. He went on to site examples of depleted line items. He also compared the amounts that were allocated in the current year's budget to the allotments in the 1990 budget. Supervisor Colsey added that this is something that the Board will need to talk about. XI. New Business Councilman Beale New Business Councilman Beale noted that the opening for the Walkway Over the Hudson is approaching and the Town has been invited. He noted that Wappinger is a town on the Hudson River. Discussion followed. Councilwoman McCarthy New Business Councilwoman McCarthy asked for an update on the Dengler issue on Drew Court and the Miner/Guzman issue in Wildwood. She asked if the issue would be discussed in Executive Session. Discussion about the issues followed. Councilman Paoloni New Business Councilman Paoloni thanked Graham Foster, Highway Superintendent, for paving Sherwood Heights. Supervisor Colsey New Business Supervisor Colsey noted that he received a letter from Guardian Self Storage asking for permission to put a banner out for their annual coat drive. Councilman Paoloni made the motion to approve the request. The (notion was seconded by Councilwoman McCarthy and passed unanimously. Motion To: allow Guardian Self Storage to put up a banner for their Annual Coat Drive RESULT: ADOPTED [UNANIMOUS1 MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Councilman Beale New Business Councilman Beale asked what the Town's position was regarding the clothing dumpsters Town of Wappinger Page 17 Printed 10/6/2009 Town Board Meeting Minutes September 28, 2009 that have been dropped all around Town. Supervisor Colsey explained how the dumpsters appear at the properties. He pointed out that they are sometimes dropped with no approval, and sometimes without the property owner's consent. Discussion followed. Councilman Bettina New Business Councilman Bettina thanked the Supervisor for contacting the Zoning Administrator with regards to an issue on Peter Drive. He wanted the record to note that they were trying to take care of the situation. XII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni. A. Attorney Advice on Litigation of Outstanding Escrows B. Attorney Advice on Absolute/O'Mara C. MTBE Settlement Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni ' XIII. Town Board Review of Vouchers RESOLUTION: 2009-313 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 HRS Camo Pollution $20,477.59 Camo Pollution $620.00 Camo Pollution $520.00 Central Hudson $2,082.55 Central Hudson $373.54 Empire $699.81 $1,717.07 $5,061.71 Platts Locksmith $125.00 Sedore & Company $2,356.00 Coffee Systems HV $47.76 Ruge's Parts $122.14 Momma's Towing $85.00 NYSBOC-Kolb $25.00 NYSBOC-Dao $25.00 NYSBOC-Liebermann $25.00 ABC Awards $40.00 ABC Awards $30.00 DC Truck Parts $207.00 Hillman Signs $87.00 Lowe's $26.97 Tilcon $2,888.16 HV Council Band $300.00 Staples $158.27 Town of Wappinger Pa ge 18 Printed 10/6/2009 Town Board Meeting Minutes September 28, 2009 Staples $453.70 Zee Medical $62.56 Fishkill Plains Garage A $21.00 CD DB DC Central Services $35.00 CAMO Pollution Yes/Aye Chris Colsey $57.16 Absent 0 Adopted Christopher Colsey Chris Colsey $30.00 ❑ ❑ ❑ Popular Photography $14.00 Voter R] ❑ Cablevision $274.65 ❑ Defeated Vincent Bettina Voter Wells Fargo Financial $369.54 $373.60 ❑ ❑ Tabled NFPA Initiator $787.50 ❑ ❑ Carmel Winwater ❑ Withdrawn Joseph Paoloni $1,058.75 Verizon Wireless $279.91 $843.16 Orkin Pest Control Hannaford Brothers $2.74 M & O Sanitation $287.50 M & O Sanitation $490.00 MVP $9,596.82 Glen Cove Mansion $676.00 $14,620.56 West Hook Sand/Gravel $2,554.30 $1,199.88 $255.43 Totals $10,412.66 $3,817.33 $10,709.64 $20,477.59 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-313 A B CD DB HBM HN CAMO Pollution Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter R] ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 4 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 4 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni ' Seconder $71.96 ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-314 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 CD DB HBM HN CAMO Pollution $14,987.75 Central Hudson $86.66 Central Hudson $96.28 Central Hudson $75.44 Platts Locksmith $576.00 Home Depot $204.73 $71.96 Orkin Pest Control $128.47 Mid Hudson Fasteners $98.35 MVP $9,596.82 $2,817.85 $14,620.56 MVP Gold $2,554.30 $255.43 DC SoiUWater Cons. $500.00 Carquest $14.79 Chemung $9,825.00 Miracle Recreation Printable Services Hillman Signs $643.26 Hillman Signs $252.00 Tilcon $1,094.63 Tilcon I $414.22 Staples $31.55 Software Consulting $1,300.00 McGrath & Company $750.00 McGrath & Company $1,000.00 Gellert & Klein $4,357.25 Cross Court Tennis Club $10,500.00 Toshiba $484.46 MetLife $1,575.50 $456.24 All State Thomas Gleason Cornerstone $1,218.49 $187.12 Toll Brothers Toren of Wappinger. Page 19 Printed 101612009 Town Board Meeting Minutes September 28, 2009 BAC Properties Zurich $405.00 Amazon $413.26 M & O Sanitation $150.00 M & O Sanitation $240.00 Cardiaclife Products $146.85 Totals $25,501.06 $14,351.21 $323.96 $17,141.24 $9,825.00 $14,987.75 Vendor HRS SR ST SV T14 T92 CAMO Pollution Central Hudson Central Hudson Central Hudson Platts Locksmith Home Depot Orkin Pest Control Mid Hudson Fasteners MVP MVP Gold DC SoiUWater Cons Carquest Chemung Miracle Recreation Printable Services $44.82 $44.82 $34.16 Hillman Signs Hillman Signs Tilcon Tilcon Staples Software Consulting McGrath & Company McGrath & Company Gellert & Klein Cross Court Tennis Club Toshiba MetLife All State $802.24 Thomas Gleason $23,465.00 Cornerstone Toll Brothers BAC Properties $7,384.50 Zurich Amazon M & O Sanitation M & O Sanitation Cardiaclife Products Totals $23,465.00 $44.82 $44.82 $34.16 $802.24 $7,384.50 Vendor CAMO Pollution Central Hudson Central Hudson Central Hudson Platts Locksmith Home Depot Orkin Pest Control Mid Hudson Fasteners MVP MVP Gold DC SoiUWater Cons Carquest Chemung Miracle Recreation Printable Services Hillman Signs Hillman Signs Tilcon Tilcon Staples Software Consulting McGrath & Company McGrath & Company Gellert & Klein Cross Court Tennis Club T93 I T33 $6,647.20 WU $89.65 Town o/ Wappinger Page 20 Printed 10/6/2009 Town Board Meeting Minutes September 28, 2009 Toshiba MetLife All State Thomas Gleason Cornerstone Toll Brothers $33,890.00 BAC Properties Zurich Amazon M & O Sanitation M & O Sanitation Cardiaclife Products Totals $33,890.00 $6,647.20 $89.65 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-314 A B DB HG HGC CAMO Pollution Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder Z ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator D ❑ El ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. XIV. Items for Special Consideration Motion To: add Resolution 2009-315 RESULT: ADOPTED (UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni ..M RESOLUTION: 2009-315 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 HG HGC CAMO Pollution CAMO Pollution $25.00 CAMO Pollution $25.00 Montfort Brothers $384.00 Dutchess Sheriff $3,729.76 $14,584.15 Bottini Fuel $4,741.21 Bottini Fuel $670.43 Kaman Industries $74.86 Pine Bush Equip $31.60 West Publishing $259.20 West Publishing $144.93 West Publishing $98.40 West Publishing $214.73 West Publishing $295.20 Carquest $146.78 Brady's Power Equip. $187.08 Hudson River Truck $852.50 Equip Thalle Industries $102,857.80 Williams Lumber $102.69 Williams Lumber $9.28 Williams Lumber $112.59 Town o%Wappinger Page 21 Printed 10/6/2009 Town Board Meeting Minutes September 28, 2009 Vendor Highland Auto Radiator HRS HTB $145.00 T33 WU CAMO Pollution Hillman Signs $51.00 CAMO Pollution Tilcon $675.06. CAMO Pollution John Barry $45.29 DC Dept of Health $111.00 Dutchess Sheriff Wells Fargo Financial $324.90 Snap On Tools $169.60 Kaman Industries Snap On Tools $35.64 Pine Bush Equip Gellert & Klein $264.00 West Publishing Kay Von Reyn $61.73 West Publishing CIA Inc. $186.00 West Publishing Pantel Contracting $195.00 West Publishing $671.00 Poland Springs $261.44 WB Mason $1,479.92 Brady's Power Equip. WB Mason $52.28 Hudson River Truck Equip Morris Associates $8,572.55 $2,900.00 $1,806.80. Thalle Industries Morris Associates $1,518.25 $710.10 Williams Lumber $58.00 Hudson River Vly Tours $622.00 Williams Lumber Zurich American Ins. $781.56 $120.24 $240.48 STS Tire & Autocare Highland Auto Radiator $33.25 Daser Restaurant Tilcon Group John Barry Totals $19,816.36 $17,901.64 $113,192.28 $671.00 $58.00 Vendor HNC HRS HTB T92 T33 WU CAMO Pollution $18,743.91 CAMO Pollution CAMO Pollution Montfort Brothers Dutchess Sheriff Bottini Fuel Bottini Fuel Kaman Industries Pine Bush Equip West Publishing West Publishing West Publishing West Publishing West Publishing Carquest Brady's Power Equip. Hudson River Truck Equip Thalle Industries Williams Lumber Williams Lumber Williams Lumber Highland Auto Radiator Hillman Signs Tilcon John Barry DC Dept of Health Wells Fargo Financial Snap On Tools Snap On Tools Gellert & Klein Kay Von Reyn CIA Inc. Pantel Contracting $1,884.93 Poland Springs WB Mason WB Mason Morris Associates $2,859.00 $2,470.60 $1,986.40 $4,392.00 Morris Associates $5,264.45 $3,195.90 Hudson River Vly Tours Zurich American Ins. STS Tire & Autocare Daser Restaurant Group $3,519.00 Totals $2,859.00 $24,008.36 $1,884.93 $9,185.50 $1,986.40 $4,392.00 Town of'Wappirnger Page 22 Printed /0/6/2009 Town Board Meeting Minutes September 28, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-315 —� Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter Z ❑ ❑ ❑ ❑ Defeated Vincent Bettina seconder Z ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator D El11❑ Initiator El Withdrawn Joseph Paoloni Voter 123 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby duly declared adopted. XV. Resolutions RESOLUTION: 2009-296 Confidential Executive Session Resolution - MTBE CONFIDENTIAL The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-296 —� Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 23 ❑ ❑ ❑ ❑ Adopted as Amended William Beale seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ Z Tabled Maureen McCarthy Initiator 2 1:10 ❑ El Withdrawn Jose h Paoloni Voter Z ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby tabled. RE:SOL,UTION: 2009-297 Resolution to Approve Settlement with Exxon Mobil WHEREAS, traces of methyl -tertiary butyl -ether (MTBE), tributyl alcohol (TBA) and other contaminants have been found in certain wells in the public water supply serving the United Wappinger Water District; and WHEREAS, the Town Board, by resolution dated February 9, 2004, retained the legal services of the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. (hereinafter "Special Counsel") to commence litigation on behalf of the Town of Wappinger and represent the Town in a class action lawsuit for all damages sustained by the Town as a result of the loss of use of groundwater because of contamination of MTBE, TBA and other contaminates in accordance; and WHEREAS, said litigation was commenced against numerous Defendants in the United States District Court for the Southern District of New York under the caption In re Methyl Tertiary Butyl Ether ("MTBE') Products Liability Litigation, Master File No. 1:00-1898 MDL 1358 (SAS), M21-88 (hereinafter the "Action"); and WHEREAS, after substantial litigation, Special Counsel has negotiated proposed settlement of the Action against the following Defendant: EXXONMOBIL (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 smog Town a Settlement Agreement and a Release and Indemnity Agreement for their review and consideration, the terms of which are confidential until a final settlement is reached; and WHEREAS, Special Counsel and the Attorney to the Town advise and recommend that the terms of the Settlement Documents are fair and reasonable and should be accepted; and WHEREAS., the Attorney to the Town appeared at a duly called Executive Session on this date and discussed the Settlement Documents with the Town Board; and WHEREAS, the Town Board determines that it is in the best interest of the residents of the Town of Wappinger to settle the Action against the SETTLING DEFENDANT in accordance with the terms of the Settlement Documents. Torte of Wappinger Page 23 Printed 10/6/2009 0" Town Board Meeting Minutes September 28, 2009 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 confines 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 Agreement and the Release and Indemnity Agreement 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 fellows: ✓ Vote Record - Resolution RES -2009-297 ❑ Adopted Yes/Ape No/Nay Abstain Absent El Adopted as Amended Christopher Colsey Voter Q ❑ ❑ ❑ ❑ Defeated William Beale Seconder p ❑ ❑ ❑ R Tabled Vincent Bettina Voter 21 ❑ ❑ ❑ ❑ Withdiawn Maureen McCarthy Initiator El ❑ ❑ ❑ Joseph Paoloni Voter R1 _ ❑ ❑ ❑ Dated: Wappingers Falls, New York September 28, 2009 The Resolution is hereby tabled. XVI. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni The meeting adjourned at 9:53 PM. '1 .Yohn C. Masterson Town Clerk lown o/ Wappinger Page 24 Printed /0/6/2009