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2009-10-13 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Tuesday, October 13, 2009 6:00 PM Town Hall 6:00 PM Meeting called to order on October 13, 2009 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. 1. Call to Order I1. Salute to the Flag III. Executive Session A. Attorney Advice Related to Litigation of Pending Escrow Accounts - Colsey B. Litigation - MTBE Settlement & Executive Session Resolution 2009-296. Confidential Executive Session Resolution - MTBE IV. Adoption of Agenda V. Discussions A. Wappinger Commons Progress Update - Colsey B. Cider Hill Tank - Town Board/Gray C. Conservation Advisory Committee - Town Board D. Handicapped Ramps - Stolman/Bettina E. On -Street Parking - Stolman/Bettina VI. Public Hearings Local Law No. of the Year 2009, Designating a Full Stop Intersection at the Westerly Intersection of Soccerfield Drive and Regency Drive VII. Minutes Approval Monday, September 28, 2009 Vlll. Correspondence Log 2009-316. Resolution Authorizing the Acceptance of the Correspondence Log IX. Public Portion X. Resolutions 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 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 2009-317. Resolution Authorizing Re -Levy of Unpaid 2009 Water & Sewer Charges 2009-318. Resolution Authorizing Refund of Unused Escrow for Road Inspection in Connection with Keenan Acres Subdivision 2009-319. Resolution Approving Pasquale P. Decina D/B/A New York Board as an Approved Electrical Inspector for the Town of Wappinger 2009-297. Resolution to Approve Settlement with Exxon Mobil 2009-320. Resolution Cancelling Town Board Meeting of December 28, 2009 2009-321. Resolution Authorizing Settlement of Tax Certiorari - Agustin Rodriguez 2009-322. Resolution Authorizing Settlement of Tax Certiorari - Raymours Furniture Company, Inc. 2009-323. Resolution Introducing Local Law No. — of 2009 Amending the Town Code Regarding Handicap Facilities 2009-324. Resolution Requesting Special Legislation to Permit Mandatory or Permissive Referendum to Impose Term Limits for Members of the Town Board, Planning Board and Zoning Board of Appeals 2009-325. Resolution Terminating 2009 Seasonal Employees 2009-326. Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to the Highway Department 2009-327. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board X1. Items for Special Consideration XI 1. New Business XIII. Town Board Review of Vouchers 2009-328. Resolution Authorizing Abstract of Claim and Warrant for Payment Audited by Town Board Town o/ bVappinger Page 1 Prinled 10/8/2009 Regular Meeting Agenda October 13, 2009 2009-329. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2009-330. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 XIV. Town Board Department Budget Reviews A. Accounting B. Supervisor C. Town Board D. Courts E. High way XV. Adjournment now Torn of Wappinger Page 2 Printed 10/8/2009 Town of Wappinger 20 Middlebush Road MOVER: Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Chris Masterson ABSENT: 845-297-5771 Tuesday, October 13, 2009 6:00 PM Town Hall I. Call to Order Attendee Name Christopher Colsey William Beale Vincent Bettina Maureen McCarthy Joseph Paoloni Graham Foster Al Roberts Bob Gray David Stolman Organization Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Title Supervisor Councilman Councilman Councilwoman Councilman Highway Supervisor Town Attorney Town Engineer Town Planner Status Present Late Present Late Present Present Present Present Present Arrived Departed 6:08 PM 8:48 PM 7:28 PM Supervisor Colsey Statement Supervisor Colsey noted for the record that Councilwoman McCarthy would be coming after work and that it was agreed that the Board would start without her. Salute to the Flag Executive Session Attorney Advice Related to Litigation of Pending Escrow Accounts - Colsey Motion To: come out of executive session RESULT: ADOPTED (UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Motion To: add resolution to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy RESOLUTION: 2009-331 Resolution Authorizing Execution of Settlement Agreement Relating to Claims against O'Donnell Group, LLC WHEREAS, the O'Donnell Group, LLC (hereinafter "O'Donnell"), is the owner and developer of a subdivision in the Town of Wappinger located at All Angels Hill Road, near its intersection with Old Hopewell Road, known as the Meadowood I Subdivision; and WHEREAS, as a condition of the subdivision approval of the property and pursuant to the Town of Wappinger Code, O'Donnell was required to reimburse the Town for all inspection fees charged by the Town's engineering firm for inspections and monitoring of the installation and placement of required improvements for the subdivision, specifically the construction and installation of utilities, water pipes, drainage pipes and roads, as O'Donnell, or its agents, performed such work; and WHEREAS, the Town has paid its engineering firm the total sum of 570,253.00 for such Town of Wappinge. Page l Printed 1012212009 Regular Meeting Minutes October 13, 2009 IV. V. inspection fees; and WHEREAS, O'Donnell had previously deposited the sum of $22,700.00 with the Town in escrow to be used to pay for such inspection fees; and WHEREAS, there remains a balance due the Town in the sum of $47,553.00; and WHEREAS, O'Donnell has denied its full obligation to reimburse the Town for the engineering inspection fees incurred by (lie Town because of the Town's failure to properly notify O'Donnell of such fees as they were incurred; and WHEREAS, after much deliberation and negotiation, the Town and O'Donnell have agreed to settle their differences; and WHEREAS, the ten -ns of settlement are contained in a Settlement Agreement which has been reviewed by the Town Board with its attorney in Executive Session this date, NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The :ccitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The 'Town Board hereby determines that the tern -is and conditions set forth in the Settlement Agreement, a copy of which is affixed to this Resolution, are reasonable and acceptable after weighing all of the facts and circumstances surrounding this matter, the costs of further litigation and the potential defenses available to O'Donnell. 3. The Town Board hereby authorizes Supervisor Christopher J. Colsey to execute the Settlement Agreement in the form annexed hereto, by and on behalf of the Town of Wappinger, and to further execute a General Release also in the form affixed hereto upon receipt of payment in the sum of $45,000.00 in full and complete satisfaction of all outstanding claims the Town has for construction and inspection fees in connection with the Meadowood I Subdivision. 4. As a condition to the execution of this Settlement Agreement, the O'Donnell Group is to deliver to the Town a fully executed General Release in the form annexed hereto as part of the consideration for this settlement. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-331 Adopted ❑ Adopted as Amended Defeated ❑ Tabled ❑ Withdrawn Christopher Colsey William Beale Vinced. Bettina Maureen McCarthy Joseph Paoloni Voter Seconder Initiator Voter Voter Yes/Aye Q El 0 ❑ 0 No/Nay ❑ El ❑ ❑ ❑ Abstain ❑ El ❑ ❑ ❑ Absent ❑ ElEl ❑ D ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. Adoption of Agenda Supervisor Colsey Statement Supervisor Colsey noted that Resolution 2009-296 and the litigation item pertaining to MTBE will be dropped from the Agenda. The agenda will also be reordered because there was a guest speaker in attendance. Motion To: adopt the Town agenda RESULT: ADOPTED iUNANIMOUSi MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: ABSENT: Discussions Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni Maureen McCarthy A. Conservation Advisory Committee - Town Board Supervisor Colsey opened the discussion at 6:21 PM. Allison Chatrehyan, a representative from Cornell University Cooperative Extension, Dutchess County's Environment Program, gave a presentatkn on reestablishing a Conservation Advisory Council (CACs) for the Town of Wappinger Page 2 Prinlerl 10/22/2009 Regular Meeting Minutes October 13, 2009 Town of Wappinger. Her purpose was also to increase the participation with the Wappinger Creek Watershed Inter -municipal Council. There were two members of the Council present at the Meeting. Ms. Chatrchyan explained what her program is and what it does, what a CAC is and what they do and how other municipalities are handling CAC's. The Town of Wappinger is one of the only towns that does not have a CAC. Ms. Chatrchyan then explained what the Council is and what it does. She pointed out that the Town of Wappinger is an MS4 community and is, therefore, required by law to do public education and outreach on issues such as stormwater. She continued with the presentation to the Board. She also gave recommendations on what the Board could be doing in order to get the CAC in place. Councilman Beale asked if the Village of Wappingers Falls had a CAC. Ms. Chatrchyan replied that they do not. Supervisor Colsey noted that, if the Town was to have a CAC, there would be a resolution on a future agenda to authorize the Supervisor to advertise for any position. The Town Board would interview applicants. Councilman Beale mentioned that, not too long ago, the board did advertise for the position and didn't get any responses. Supervisor Colsey stated there was one applicant. Discussion followed. Supervisor Colsey closed the discussion at 6:37 PM. B. On -Street Parking - Stolman/Bettina Supervisor Colsey opened the discussion at 6:37 PM. Councilman Bettina noted that he had several residents contact him about heavy vehicles being parked on the street. He wanted to address the weight restriction. He asked David Stolman, Town Planner, to explain the issue further. Mr. Stolman explained that this would be an amendment to Chapter 230 - "Vehicles and Traffic" of the "Town Code. He read the section of the law for the Board. Councilman Bettina asked a resident named Mr. Capogrosso to speak. The resident commented that there may be a necessary exemption for when you are building a home and the commercial vehicles must park overnight. His main reason for this concern is the safety of the children, but also the environment and noise. Councilman Bettina stated that building vehicles shouldn't be on the street and that they should be on the private property. Discussion followed. Councilman Beale questioned if Code Enforcement can give tickets. Discussion about the issuance of tickets followed. Councilman Beale suggested that the Board also look into the gray area of residents parking commercial vehicles in their front yards. Graham Foster, Highway Superintendent, recommended certain exceptions, such as when a resident is blacktopping their driveway or has a delivery being made. Councilman Beale also questioned the parking of Tow Trucks on private property. Councilman Bettina commented that it is one thing to park it on their own property, but the trucks shouldn't be on the public road because of the weight limitations. He went on to say that commercial business can not be conducted in a residential area and that the weight limit is 18,000 lbs. Councilman Paoloni suggested that the Board decide what is to be restricted before setting a weight limit. Discussion followed. Councilman Bettina made a motion that it's no less than 12,000 lbs. Discussion followed. Councilman Bettina clarified that he is moving to have David Stolman move forward with a Resolution so they can prepare it for the next Meeting for a vote, maximum of 18,000 lbs. The motion was seconded by Councilman Paoloni and passed unanimously. Motion To: have David Stolman move forward with a Resolution so it can be prepared for the next Meeting for a vote - maximum of 18,000 lbs RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy C. Handicapped Ramps - Stolman/Bettina Supervisor Colsey opened the discussion at 6:50 PM. Councilman Bettina noted that several residents have approached him with complaints pertaining to the process for getting a handicapped ramp. He put this in to waive fees and waive the variance process. He has letters from the Building Department, Planning Board and Zoning Board that express support. Discussion followed. Supervisor Colsey closed the discussion at 6:52 PM. D. Wappinger Commons Progress Update - Colsey Supervisor Colsey opened the discussion at 6:52 PM. Jennifer VanTuyl, a representative for Wappinger Gardens, LLC, addressed the Board. She was joined by Mike Barnett, Mike Gillespie and Stew Markowitz. She first briefly mentioned the previous discussions that the Toon of Wappinger Poge 3 Printed 10/22/2009 Regular Meeting Minutes October 13, 2009 Board has had on this topic. She then noted that her purpose at this Meeting was to request an informal referral to the Planning Board. She provided the Board with demographic sheets and briefly described them. She then went on to describe the project. Discussion followed. Councilman. 'reale commented that this project affords an opportunity io bring certain infrastructure to an area where it does not already exist. Councilman Bettina added that, as the person that represeros that area, he feels the concept is a great concept. Councilman Paoloni asked for clarification on the difference between formal and informal referral and also wanted to know why the applicant didn't just go straight to the Planning Board. Ms. VanTuyl replied that that they were doing this for the benefit of the Board, so that there would be nothing binding. She noted that Town Law 271 and the Town Code specifically provide that the Town Board has the authority to refer any matter to the Planning Board. Councilman Beale feels that the application is above average and that it is a project that the Town Board should be kept in the loop on. Councilman Paoloni asked questions pertaining to water and sewer for the project. Ms. VanTuyl answered that there are a number of options to explore. Discussion followed. Supervisor Colsey asked for a motion to refer this to the Planning Board on an informal basis. The motion was made by Councilman Bettina and seconded by Councilman Beale. The motion passed unanimously. Supervisor Colsey closed the discussion at 7:03 PM. Motion To: refer this to the planning board on an informal basis RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy E. Cider Mill Tank - Town Board/Gray Supervisor Colsey onened the discussion at 7:03 PM. Bob Gray, Engineer to the Town, updated the board on the Cider Mill Loop tank restoration bids. The lowest bid was just below $600,000. With other factors added in, the restoration of the tank could cost $700,000. They also explored the option of replacing the tank with a brand new tank. That would cost about $1.3 Million. Mr. Gray explained that he is asking the Board to put the restoration off for now and take a look at replacement costs, timing issues, and so on. He recommends rejecting the bids until Spring. Discussion followed. Supervisor Colsey made a motion to reject the bids. The motion was seconded by Councilman Beale and passed unanimously. Motion To: reject the bids RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Christopher Colsey, Supervisor William Beale, Councilman Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni Maureen McCarthy VI. Public Hearings Motion To: open public hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Local Law No. of the Year 2009, Designating a Full Stop intersection at the Westerly Intersection of Soccerfield Drive and Regency Drive Supervisor Colsey asked for a motion to open the Public Hearing. The motion was made Town of Wappinger Page 4 Printed 10/22/2009 Regular Meeting Minutes October 13, 2009 by Councilman Bettina, seconded by Councilman Beale 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). Councilman Paoloni explained that this is not about speeding. It is about safety. Supervisor Colsey noted that comments have been received fi-om residents. He asked if there were any comments from the audience. There were none. Supervisor Colsey asked for comments from the Board. There were none. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. RESULT: CLOSED JUNANIMOUSI MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Town of Wnppinger Pnge 5 Printed 10/22/2009 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE ADOPTION OF THE PROPOSED LOCAL LAW ENTITLED "LOCAL LAW NO. OF THE YEAR 2009, DESIGNATING A FULL STOP INTERSECTION AT THE WESTERLY INTERSECTION OF SOCCERFIELD DRIVE AND REGENCY DRIVE". STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 23rd, 2009, your deponent posted a copy of the Notice of Public Hearing on the Adoption of the Proposed Local Law Entitled "Local Law No. of 2009, Designating a Full Stop Intersection at the Westerly Intersection of Soccerfield Drive and Regency Drive", 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. ohn C. Masterson Town Clerk Town of Wappinger Sworn to efore metthe 28th day of September, 2009 NOTARY PUBLIC MARK LIEBERMANN Notary Public - State of Now York No. 01 L161 9M7 ouaidw in Dutchw o Coin MV Commission Expires 0016WI 1 , � 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 #85150 State of NEW YORK SS: County of DUTCHESS I, JOAN MILLER, being duly sworn, depose and say: that I am the Publisher of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 09/23/09. f -� Sworn to before m2 this 23rd day`of September, 2009 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240760 mom Qualified in DUTCHESS County My commission expires on May 16, 2011 O C T 9i 9 2009 *No NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER ,.. iNOTICE, IS HEREBY iGIVEN that the Town Board of the Town of `Wappinger :will con- :ductaPUBLICHEAR- INGon. the 13th day of October, 2009, at7:00 ;P.M. atthe Town Hall, 'Town of Wappinger, 20 Middlebush Road, Wappingers . Falls, 'New York, ; at which ttimeall parties in inter- ,est and citizens shall have-a'n opportunityto ,be herd astowhether ,the Town Board of the Town ; of Wappinger ;shaII7 adopt a .pro- ;posed Local Law enti- tled "Local Law No. oftheYear2009; Designating :a Full :Stop :Intersection at ;:the Westerly.l ntersec ition of , �Soccerfield prive -and ,;Regency iDnve:"_ PLEASETAKE FUR- THER NOTICE that ;thepurposeand intent 'ofthe proposed LocaI I aw is to amend the :Town's Vehicles and Traffic Code by desig- mating afull stop inter isection at the .inter - ,;section of Soccerfield lDrive and Regency �_Drivea d by installing. BY ORDER OF THE TOWN BOARD l' ,OF THE TOWN OF WAPPINGER .JOHN C. 4fylASTERSON, TOWN CLERK IIeLIS ANSS `Paiues aq Aew tl lsulebe ssaooaq Godn 3-1- }o: tuabe w pateu61s9p'ANSS Z8SZ l ISN `all!nuaJojS ?XeM We!tl!M'S =0�-1 loaoWo 'ouud -A}uno0 �sagojnCI muoijeo. -ol aal4O'60/L MO uo .:INSS) JlNdo ate1S fo. l oaSNt!nnpaIq 6aOfo SOUTHERN DUTCHESS NEWS 'NOTICEOF'PUBLIC BEACON FREE PRESS HEARING " TVA OWN OF 84 EAST MAIN STREET ' WAPPINGERS FALLS, NY 12590 IICE]S ER 'NOTICE IS HEREBY GIVENrthat th6 Town Board of°the Town of Wappinger :will cora:- Affidavit of Publication ductaPUBLICHEAR- !ING 6h the 13th day of t7:00 To: TOWN OF WAPPINGERS FALLS eTown Hall, P.October 6ITbm C/O TOWN CLERKS OFFICE o ,,b'' Town „of 'UUappmge, 20 Falls; WAPPINGERSUSH FALLDS, NY 12590 I�� Wappidngers=h !New York ;gat Which Re: Legal notice #85150 SEP 7 5 2009 itime°allpartiesininter- estand:citizenstshall �,- State of NEW YORK t pl�� ?° haveanoppoitunityt6 ibehear7', .I e- i SS: ;the Town Board ofthe County of DUTCHESS appinger shall"adopt a pro'- I, JOAN MILLER, being duly sworn, depose and posed LocalLawentr- say: that I am the Publisher of Southern tled "Local .Law No. Dutchess News, a weekly newspaper of general of-theYear20091 Deslgnating4,a Full circulation published in WAPPINGERS FALLS, StoIntersection eat County of DUTCHESS, State of NEW YORK; and e Westerly I ntersecp th- that a notice, of which the annexed is a tion" of ;Soccefield printed copy, was duly published in Southern Dave ;land `Regency Dutchess News once on 09/23/09. Dnve" PLEASE TAKE FUR= THER; NOTICE that _ 6e046seandinterit proposed Local / ,ofthe UI -006r; s� Sworn to befor E this 23rd day of September, 2009 �a}eu6isap s!. LNSS'sl �(tuno ssayotn(yr ;:uoitepo71 ALBERT M OSTEN 60/50/80Kuo&t).NSS)4 Notary Public, state of NEW YORK JlN 9}6}6 j0, O9S: No. 14-8240760 �uEdUaO0X'jIIICjI?11p9}I Qualified in DUTCHESS County `w! oi}sawQPe My commission expires on May 16, 2011 dnOa!D..ep9Wen sul, �(iani}oe In}Mel �Cuy. ,e pa�eu6isap J.NSS`, Z85Z,� JlN `ajjlnw�o�S` �eN1 weIIIIM 5 X 19 p@0Wo puhd 1 Juno, �sauotn4� ' �uoiteo; of aolJJO'60/L 6%90 ud' J.N S S) A 10 aaetS 10 ytlnnpaj'6�0f6 Regular Meeting Minutes October 13, 2009 VII. Minutes Approval Monday, September 28, 2009 ✓ Vote Record - Acceptance of Minutes for September 28, 2009 7:00 PM ADOPTED IUNANIMOUSI MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni Yes/Aye No/Nay Abstain Absent Abstain Christopher Colsey Seconder R1 El ❑ 0 Accepted William Beale Initiator 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ El Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ Maureen McCarthy Joseph Paoloni Voter 0 ❑ ❑ ❑ loom VIII. Correspondence Log RESOLUTION: 2009-316 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 -2009-316 ADOPTED IUNANIMOUSI MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Ves/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ El ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ El Tabled Maureen McCarthy Voter El El 0 ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. IX. Public Portion Motion To: open the floor to public comment RESULT: ADOPTED IUNANIMOUSI MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Public Comments Supervisor Colsey asked for a motion to open the floor for public comments. The motion was made by Councilman Bettina, seconded by Councilman Paoloni and passed unanimously. Mary Schmalz asked to comment on Resolution 2009-324. She wanted to know why the Recreation Board wasn't included in the Resolution. Supervisor Colsey answered that the Recreation Committee doesn't affect legislation. Ms. Schmalz noted that the Recreation Committee has a large budget. Councilman Beale made a motion to table the Resolution. The motion was seconded by Councilman Bettina. Supervisor Colsey asked if the motion could be done later. There was no vote on the motion. Councilman Bettina made a motion to close the floor. The motion was seconded by Councilman Paoloni and passed unanimously. Motion To: close the floor 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 6 Printed 10/22/2009 Regular Meeting Minutes October 13, 2009 X. Resolutions 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 hnprovement 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 Improvement Districts and Special Improvement MONOAreas 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 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 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. To of Wappinger Page 7 Printed /0/22/2009 Regular Meeting Minutes October 13, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-310 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter z ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder Q ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter 11 El D El Withdrawn Joseph Paoloni Voter 2 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. 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 filed 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. 2. 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. 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 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 I .,� 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 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. Town of Wappinger Page 8 Printed 10/22/2009 Regular Meeting Minutes October 13, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-311 Yes/Aye No/Nay Yes/Aye No/Nay Abstain Absent 0 Adopted 11 Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended El❑ William Beale seconder ❑ ❑ ❑ ❑ Defeated Vincent Bettina Vincent Bettina Initiator D ❑ ❑ ❑ ❑ Tabled ❑ ❑ ❑ D Joseph Paoloni Voter ❑ Withdruwn ❑ Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph. Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-317 Resolution Authorizing Re -Levy of Unpaid 2009 Water & Sewer Charges WHEREAS, the last day for payments to be made at Town Hall for unpaid water/sewer accounts is November 13, 2009. NOW, THEREFORE, BE IT RESOLVED: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Debbie Brown, Water/Sewer Billing Clerk to the Town of Wappinger, is hereby authorized to forward all unpaid water/sewer accounts to the Dutchess County Department of Real Property Tax on November 16, 2009, to be re -levied upon the 2009 County Land Tax bills. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-317 Yes/Aye No/Nay Abstain Absent El Adopted Christopher Colsey Voter Rl 11 El El Adopted as Amended William Beale Initiator 0 ❑ C] El❑ Defeated ❑ Tabled Vincent Bettina seconder Q 11 ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ D Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-318 Resolution Authorizing Refund of Unused Escrow for Road Inspection in Connection with Keenan Acres Subdivision WHEREAS, on or about December 2, 2002, Mid Hudson Holdings, LLC, made a deposit in the amount of Twenty -Six Thousand, Four Hundred Forty -Five Dollars and 00/100 ($26,445.00) into an escrow account with the Town of Wappinger, in connection with the road inspection for the Keenan Acres Subdivision; and WHEREAS, additional escrow deposits of Eight Thousand Dollars and 00/100 ($8,000.00), Seven Thousand Dollars and 00/100 ($7,000.00) and One Thousand, Five Hundred Dollars and 00/100 ($1,500.00) were made on October 2, 2003, and January 17, 2006, respectively; and WHEREAS, all work has been completed, inspected and approved; and WHEREAS, Mid Hudson Holdings, LLC has requested that the remaining escrow balance be returned; and VA. WHEREAS, the Town Accountant has audited the escrow account and has determined that a refund is due. 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 of the escrow to Mid Hudson Holdings, LLC in the total amount of Twenty Four Thousand, Six Hundred Thirty -Four Dollars and 25/100 ($24,634.25). Town of Wappinger Page 9 Printed 10/22/2009 Regular Meeting Minutes October 13, 2009 The foregoing was out to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-318 0 Adopted L1 Adopted as Amended Christopher Colsey Voter William Beale Seconder Yes/Aye 0 0 Adopted El Adopted as Amended Christopher Colsey ❑ Ad pteWilliam Beale Tabled Vincent Bettina El Withdrawn Maureen McCarthy Joseph Paoloni Voter seconder Initiator Voter Voter Yes/A% e 0 0 0 El 0 No/Nap ❑ ❑ El ❑ Abstain 11 El El ❑ ❑ Absent El El El 0 ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-319 Resolution Approving Pasquale P. Decina D/B/A New Fork Board as an Approved Electrical Inspector for the Town of Wappinger WHEREAS, Chapter 114 of the Town Code of the Town of Wappinger requires all electrical installations to be in conformity with the National Electrical Code and the New York State Uniform Code; and WHEREAS, Section 114-4 pen -nits the Town Board to authorize and approve qualified electrical inspection agencies to make inspections, re -inspections, and to approve or disapprove any electrical installations within the Town of Wappinger to insure compliance with the National Electrical Code and the New York State Uniform Code; and WHEREAS, Pasquale P. Decina d/b/a New York Board, with an address at 5 Robert Lane, Wappingers Falls, New York, 12590, has requested to be an approved electrical inspection agency for the Town of Wappinger; and WHEREAS, George A. Kolb, Code Enforcement Officer for the Town of Wappinger, has reviewed the qualifications of Pasquale P. Decina d/b/a New York_ Board, to act as an electrical inspector for the Town of Wappinger, and said George A. Kolb has determined that the aforesaid organization meets all criteria required by the National Electrical Code to qualify as electrical inspection agency; and WHEREAS, George A. Kolb, Code Enforcement Officer for the Town of Wappinger, has recommended that Pasquale P. Decina, d/b/a New York Board, be approved to provide professional ministerial electrical inspection services for all electrical installations within the Town of Wappinger to assure compliance with the National Electrical Code and the New York State Uniform Code. 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. Pasquale P. Decina, d/b/a New York Board, with an address at 5 Robert Lane, Wappingers Falls, New York, 12590, is hereby approved to be a qualified electrical inspector for the Town of Wappinger and is authorized to provide ministerial electrical inspection services for all electrical installations within the Town of Wappinger to insure compliance with the National Electrical Code and the New York State Uniform Code. 3. Pasquale P. Decina, d/b/a New York Board, is further appointed as an agent of the Town of Wappinger to make electrical inspections and any necessary re - inspections of all electrical installations made in the Town of Wappinger, in accordance with Chapter 114 of the Code of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2_009-319 0 Adopted L1 Adopted as Amended Christopher Colsey Voter William Beale Seconder Yes/Aye 0 0 No/Nay ❑ ❑ Abstain Absent ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Wilhdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly -loclared adopted. Toon of Wappinger Page 10 Prinled 10/22/2009 Regular Meeting Minutes October 13, 2009 RESOLUTION: 2009-297 Resolution to Approve Settlement with Exxon Mobil WHEREAS, traces of inethyl-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 Tow-,-!. Board, I,-,, resolution dated February 9, 2004, retained the legal services of the firms of We'krz & !-oxenb�rg, P.C. and Baron & Budd., P.C. (hereinafter "Special Counsel") to commence liiitation -in be?Ilalf ofthe Town of Wappinger and renresent 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 containing ion c,MTBE, TBA and other contaminates in accordance; and WHEREAS, said 'iti, ;atioa was commenced against numerous Defendants in the United States District Court for the !�outhern District of New York under the caption In rc Methyl Tertiary Butyl Ether (" 11NIT3L-') 3c,';c , Liability Litigation, Master File No. 1:00-1898 MDL 1358 (SAS), M21-88 (hereii:after the "Action"); and WHEREAS. after substantial litigation, Special Counsel has negotiated proposed settlement of the Action against the follcwing 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 Town a Settlement Agreement and a Release and Indemnity Agreement for their review and consideration, the terms of which a -,-e 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. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set fort] , and adopt:;d herein. 2. The Town Board h-reby :•onfr ns the actions it has taken in Executive Session this evening and heebv __'.,,termines that it is in the best interest of the Town to settle with t! -,e above noted SETTLING DEFENDANT and hereby authorizes the Supervisor, cn behaif of Town of Wappinger, to execute the Settlement Agreement and the Release and Indemnity Agreement that were negotiated by Special Counst„1, Weitz & L.Ixenberg, P.C. and Baron & Budd., P.C., a copy of which has beck reviowed and approved by the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-297 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Coisey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ 0 Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby tabled. RESOLUTION: 2009-320 Resolution Cancelling Town Board Meeting of December 28, 2009 WHEREAS, the Town of Wappinger Town Board regularly holds its public meetings on the second and fourth Monday of each month, as designated at the annual re -organization meeting; and WHEREAS, the meeting of December 28, 2009, follows a holiday weekend for which a quorum of Board members may not be g lned due to personal commitments. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby cancels the Town of Wappinger Page L! Printed 1012212009 Regular Meeting Minutes October 13, 2009 meeting scheduled for Monday, December 28, 2009. BE IT FURTHER RESOLVED, that the Town Board directs the Town Board to post and publish the adopted amendment to the Town Board schedule for 2009. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolutimr RES -2009-320 ❑ Adopted Yes/Aye NO/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale seconder D ❑ ❑ ❑ 0 Tabled Vincent Bettina. Initiator D ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ Q Maureen McCarthy Joseph Paoloni Voter ❑ ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby tabled., RESOLUTION: 2009-321 Resolution Authorizing Settlement of Tax Certiorari -Agustin Rodriguez WHEREAS, there is now pending in the Dutchess County Supreme Court, tax certiorari proceeding, commenced in 2009 by Agustin Rodriguez, regarding premises located at 601 Old Route 9 North, Grid # 6157-02-542585-00, seeking a reduction in the 2009 assessment for the tax roll; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding. NOW, THEREFORE BE IT RESOLVED, that the Town Board of Town of Wappinger hereby approves a settlement on behalf of the Town of W,.ppinger of the tax review proceeding for the year 2009, as it pertains to Grid # 6157-02-542585-00, as follows: Original Reduction in Final Tax Year Assessment Assessment Assessment 2009/2010 $1,600, 000.00 $400,000.00 $1,200,000.00 and BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution R_ES-2009-321 Yes/Aye No/Nab Abstain Absent Q Adopted Christopher Colsey Voter R1 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator l3 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder CEJ ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter G✓' ❑ ❑ ❑ Dated: Wappingers Falls, New York October 1:3, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-32.2 Resolution Authorizing Settlement of Tax Certiorari - Raymours Furniture Company, Inc. ..� WHEREAS, there is now pending in the Dutchess County Supreme Court, tax certiorari proceedings commenced in 2007, 2008 and 2009, by Raymours Furniture Company, Inc., regarding premises located at 1701 Route 9, Grid # 6158-10-497508-00, seeking a reduction in the 2007/2008, 2008/2009 and 2009/2010 assessment for the respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended settlement on this tax review proceeding; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of Town of Wappinger hereby approves settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 2007, 2008 and 2009, as it pertains to Grid # 6158-10-497508-00. Original Reduction in Final Town of Wappinger Page 12 Printed 10/2111009 Regular Meeting Minutes October 13, 2009 Tax Year Ass-. srn-:;,- 2007/2008 $10,000,Cii +).00 2008/2009 $ i 0,''100,661's .1)0 2009/2010 $10,000,000.00 Assessment _Ass,-ssanent $5,000,000.00 $5,000,000.00 $5,000,000.00 $5,000,000.00 $5,000,000.00 $5,000,000.00 and BE IT FUTIIER RFS.OLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsci �o the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the tenors of this resolution. The foregoing was put to a vote which r; ,ulted as follows: ,,'Vote Record - Resolution ❑ Adopted ------- -- Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colley Voter 0 El ❑ ❑ El Defeated William Beale Initiator 0 ❑ ❑ El El Tabled eat Vince,,! Bettina seconder Q El El El ❑ Withdrawn Maureen Mc:carihy Voter ❑ ❑ ❑ j Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-323 Resolution Introducing Locai Law No. of 2009 Amending the Town Code Regarding Handicap Facilities WHEREAS, the Town Board of the Town of Wappinger has determined that.the Town Code should be amended -:o as - /low handicap ramps in required yards and to waive application review fees for theapproval and/or installation of handicap facilities (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article K of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (tile., Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore. by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introdul es for consideration of its adoption proposed Local Law No. of 2009 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Town Code as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board llerebv schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2009 for 7:00 PM on the 9th day of November, 2009 and Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Bo.hrd hereby directs the Town Clerk to act as follows with respect to the proposed Zoning Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Town qIWappingei- Page 13 Printed /0/22/2009 Regular Meeting Minutes October 13, 2009 Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior_ to said public hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolutioo RES -2009-333 _ Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Voter 0 ❑ El ElColsey El Adopted as Amended William Beale seconder R El El El Defeated Vincent Bettina Initiator Z El El ElDefeat 'Fabled Maureen McCarthy Voter ❑ ❑ ❑ Q ❑ Withdrawn Joseph Paoloni Voter 2 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-324 Resolution Requesting Special Legislation to Permit Mandatory or Permissive Referendum to Impose Term Limits for Members of the Town Board, Planning Board and Zoning Board of Appeals WHEREAS, the Town Board is desirous of placing a referendum on the ballot at the 2010 General Election to determine whether the Town Board shall be authorized to adopt a Local Law which will impose term limits of twelve (12) years for Members of the Town Board, fourteen (14) years for Members of the Planning Board and fifteen (1 `) years for Members of the Zoning Board of Appeals; and WHEREAS, the proposed Local Law shall be prospective and shall only apply to terms of office effective on and after the adoption of the appropriate Local 1 -law; and WHEREAS, legal research has disclosed that the applicable provisions of New York State Municipal Home Rule Law that Local Laws imposing, removing or repealing term limits are not subject to either mandatory referendum or permissive referendums; and WHEREAS, the Town Board has been advised by the Attorney to the Town that a local government is not permitted to place a referendum on the ballot in the absence of constitutional or statutory authority; and WHEREAS, the Attorney to the Town has also advised that there is no authority within the New York State Constitution or within the New York State Municipal Home Rule Law that permits a mandatory or permissive referendum in connection with the adoption of local laws establishing term limits for elective or appointive offices; and WHEREAS, the Town Board seeks to obtain appropriate legislation from the New York State Legislature which will permit the Town of Wappinger to conduct a mandatory or pernlissive referendum to obtain approval from the electors of the Town to permit the enactment of a Local Law limiting terms of office of Town Board Members, Planning Board Members and Members of the Zoning Board of Appeals, or, in the alternative, to seek an amendment to the New York State Municipal Home Rule Law to specifically permit local governments to conduct a mandatory or permissive referendum on the topic of limiting terms of'office of elective or appointive offices; and WHEREAS, the Town Board directs the Supervisor, Christopher J. Colsey, and Albert P. Roberts, Attorney to the Town, to communicate with the Town's local legislative representatives, New York State Senator, Stephen M. Saland, and New York State w.. Assemblyman, Joel Miller, to request that they take such steps as necessary to implement such legislation. 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 formally requests appropriate legislation from the New York State Legislature which will authorize the Town of Wappinger to conduct a mandatory or pennissive referendum to obtain approval from the electors of the Town which will permit the Town Board to enact a Local Law limiting the terms of office of Town Board Members, Planning Board Members and Members of the Zoning Board of Appeals, or, in the alternative, to seek an amendment to the New Town of Wappinger Page 14 Printed /0/22/2009 Regular Meeting Minutes October 13, 2009 York State Municipal Home Rule Law to specifically pernlit local governments to conduct a mandatory or permissive referendum on the topic of limiting terms of office of elective or appointive offices. 3. The Town Suttervisor, Ci,:ristopher J. Colsey, and the Attorney to the Town, Albert P. Roberts, are hereby authorized and directed to communicate with the Town's legislative ;cpresentatives, New York State Senator, Stephen M. Saland, and New Yor• - Statc Assemblyman, Joel Miller, to request the preparation of a Bill to be submitted to the New York State Legislature which will authorize a referendum to be placed on the ballot on the question of whether or not the 'Town Board should adopt a Local Law imposing term limits for Members of the Town Board, for Members of the Planning Board and for Members of the Zoning Board of Appeals, as above described. G. The 'own Board further directs Supervisor, Christopher J. Colsey, and Attorney to the Town, Albert P. Roberts, to take whatever steps are necessary to assist Senator Saland and Assemblyman Miller to introduce the proposed legislation to the New York. 1,egislature and to provide them with any source materials that may be P.ecessary io have the legislation adopted by the New York State Legislature. 5. John C. Mas�crson, Town Clerk, is hereby directed to send a certified copy of this Resolution to fhe Honorable Stephen M. Saland, Senator, and the Honorable Joel Miller, Assen,blyinan, as soon as practicable after its adoption. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2004-124 El Adopted ElAdopted as AmendedChristopher Corey ❑ Defeated Willian) Beale Tabled Vincent Bettina ❑ Withdrawn Pvlaucccu McCarthy Joseph Paolon; Dated: Wappingers Falls, New York October 13, 2009 Fhe Resolution is hereby tabled. RESOLUTION: 2009-325 Reso.'ution Terminating 2009 Seasonal Employees WHEREAS, the Town of Wappinger Recreation Department employs certain individuals on a seasonal basis as reflected in the 2009 Adopted Budget for the Town of Wappinger; and WHEREAS, the Torn of Wappinger Recreation Commissioner has been charged with the oversight of the ' 'own owned parks s,ind related facilities; and WHEREAS, the Town of Wapp;nger Recreation Commissioner has proposed the following termination dates for 2,009: Employ Termination Date Max Dolenk August 7 2009 Vincent LaVacca Yes/Aye No/Nay Abstain Absent Voter 2 ❑ ❑ ❑ Initiator Z ❑ ❑ ❑ Seconder 0 ❑ ❑ ❑ Voter ❑ ❑ ❑ 2 Voter 0 ❑ ❑ ❑ Fhe Resolution is hereby tabled. RESOLUTION: 2009-325 Reso.'ution Terminating 2009 Seasonal Employees WHEREAS, the Town of Wappinger Recreation Department employs certain individuals on a seasonal basis as reflected in the 2009 Adopted Budget for the Town of Wappinger; and WHEREAS, the Torn of Wappinger Recreation Commissioner has been charged with the oversight of the ' 'own owned parks s,ind related facilities; and WHEREAS, the Town of Wapp;nger Recreation Commissioner has proposed the following termination dates for 2,009: Employ Termination Date Max Dolenk August 7 2009 Vincent LaVacca 7 October 16, 2009 John Migliore October 16, 2009 Maricelle Diaz October 31, 2009 Frank McKinney November 13, 2009 Bernie Roe November 13, 2009 Robert Sheridan December 11, 2009 Tom McKinney (reduction in hamrs 10/16/09) December 11, 2009 NOW, THEREFORE, BE IT RESOLVED, that the Town Board acknowledges and authorizes the tennination dates of the aforementioned seasonal employees. Town of Wappinger Page 15 Printed 10/22/2009 a Regular Meeting Minutes October 13, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-325 Yes/Aye No/Nay Abstain Absent Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter William Beale ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCat1hy Voter 0 ❑ ❑ ❑ ❑ Withdhawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-326 Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to the Highway Department WHEREAS, the Town of Wappinger adopted the Final Budget for Fiscal Year 2009 on November 19, 2008; and WHEREAS, the Town Highway Superintendent has identified a fourth quarter shortfall in relation to Budget Line DB 5130.400 (Parts) that would affect the ability to ensure expected repairs to Town Highway equipment and vehicles; and WHEREAS, the proposed budget amendments do not affect the overall budgeted amount 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 DB5132.400 Garage/CE - Oil $100,000.00 $25,000.00 DB5130.400 Parts (Equipment) $70,000.00 $2.5,000.00 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. ft � The foregoing was put to a vote which resulted as follows: ✓ vote Record - Resolution RES -2009-326 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 El ❑ ❑ Withdrawn Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. XI. Items for Special Consideration A. Supervisor Colsey Supervisor Colsey statement Supervisor Colsey noted that there is one voucher for a seminar that he attended. He would like the Town Board to look at the voucher and approve it. B. Ribbon Cutting Councilman Bettina statement Councilman Bettina asked that money come out of the parkland trust or the celebration account for the ribbon cutting for a jungle gym. Supervisor Colsey asked the Board if there was anyone that opposed this request. There was no opposition from the Board. Discussion followed. Torn q/'Wnppinger Page 10 Printed /0/22/2009 Regular Meeting Minutes October 13, 2009 XII. New Business A. Councilman Beale Councilman Beale thanked Graham Foster, Highway Superintendent, and his crew for the work that they have been doing on Wheeler Hill Road. Councilman Beale also noted that Alex and Allison Gray have opened an art gallery at the Deer Hill location. He welcomed the couple to the Town. Councilman Bettina also thanked Mr. Foster for the work on Wheeler Hill Road. B. Councilwoman McCarthy Councilwoman McCarthy asked for an update on the Dengler issue. Bob Gray, Engineer to the Town, gave a brief update. Councilwoman McCarthy also asked that the record reflect that she was late to the Meeting because she was at work. C. Councilman Paoloni Councilman Paoloni referred to a memo that he was given pertaining to the Smart Property rezone request. He first wanted to know why, considering the fact that all Board Members were there, the memo was addressed only to him and Councilwoman McCarthy. Supervisor Colsey explained that the Councilman had asked for a copy of the letter, so it was sent to him. Councilman Paoloni then asked if the Planning Board has commented on the issue. Supervisor Colsey and Davie,, Stolman, Town Planner, gave an update on the issue. Discussion followed. Councilman Paoloni then pointed out that the Edgehill area is in poor condition. He asked that Graham Foster, Highway Superintendent, take a look at the roads in that area. Councilman Paolon' then asked that a resident's complaint be looked into. The resident claims that the Town had done work in the area and never completed it. Councilman Paoloni then asked for an update on 18 Montfort Road. He commented that the issue is now 3 years old and residents are getting annoyed. He specifically asked if tickets were being issued. Discussion about the property followed. Councilwoman McCarthy asked that Code Enforcement be asked to look into a property that may be abandoned. Mr. Foster replied that Code Enforcement may already have infonnation about that propefty. Councilman Paoloni asked if there was an update on Absolute. Al Roberts, Town Attorney, gave a brief update. Councilman Paoloni asked if it would be appropriate to put a statement about this issue on the Town website. Mr. Roberts answered that it would not be inappropriate. Councilman Bettina asked that Mr. Roberts draft a statement to be posted to the website. XIII. Town Board Department Budget Reviews A. Supervisor B. Courts C. Highway D. Accounting E. Town Board Councilman Bettina had to leave in the middle of the budget meetings because he had a family emergency. XIV. Town Board Review of Vouchers RESOLUTION: 2009-328 Resolution Authorizing Abstract of Claim and Warrant for Payment 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 Town o(Wappinger Page l7 Printer! 10/22/2009 Regular Meeting Minutes October 13, 2009 directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Vendor A B DB LC + LD LH CAMO Pollution $19,611.25 $9,524.00 $17,793.33 $8,491.67 CAMO Pollution CAMO Pollution Central Hudson Central Hudson $531.30 Central Hudson Central Hudson $74.19 Central Hudson Central Hudson $50.05 Central Hudson Central Hudson $2,731.07 Poughkeepsie Journal Poughkeepsie Journal $67.31 Southern Dutchess News Southern Dutchess News $94.66 Southern Dutchess News Southern Dutchess News $62.26 Town of Fishkill Town of Fishkill $4,951.32 Town of Fishkill Town of Fishkill James Baisley James Baisley $67.50 Milton Alley Agway Milton Alley Agway $138.00 Kaman Industries Kaman Industries $103.32 Anaconda Sports Anaconda Sports $168.00 First Unum Life First Unum Life $253.25 $81.04 $151.95 i Carquest Carquest $36.21 Freedom Ford Freedom Ford $295.52 Frederick Clark Frederick Clark $7,459.50 Frederick Clark Frederick Clark Eileen Manning -Petty Cash Eileen Manning -Petty Cash $125.54 $57.57 Arkel Motors Arkel Motors $548.40 AC Moore AC Moore $24.87 $383.21 General Code Publishers General Code Publishers $2,130.36 GHI $8,264.44 Staples $7.92 Staples $26.06 Mid Hudson Development Mid Hudson Development DC Central Services $38.52 Wells Fargo Financial $325.59 Bruce Pearson George Kolb $173.25 Gellert & Klein $264.00 $247.50 Charles Reinhardt $6.33 Community Energy $1.71 $42.45 $125.62 Duality $765.00 $127.50 Don Kortright $80.00 Mycor Holdings Westhook Sand/Gravel $411.18 VVesthook Sand/Gravel $397.82 Westhook Sand/Gravel $396.83 Westhook Sand/Gravel $400.46 Westhook Sand/Gravel $415.64 Westhook Sand/Gravel $403.59 Alan Lehigh Totals $13,656.13 $10,932.18 $3,798.40 $1.71 $42.45 $125.62 Vendor SF SH SI SM SR SV CAMO Pollution $7,899.58 $19,611.25 $9,524.00 $17,793.33 $8,491.67 CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Journal Southern Dutchess News Southern Dutchess News Town of Fishkill $4,951.32 Town of Fishkill James Baisley Milton Alley Agway Kaman Industries Anaconda Sports First Unum Life Carquest Freedom Ford Frederick Clark Frederick Clark Eileen Manning -Petty Cash Arkel Motors AC Moore General Code Publishers Torn o1'111appinger Page 18 Printed 10/22/2(109 Regular Meeting Minutes October 13, 2009 GHI Staples Staples Mid Hudson Development Mid Hudson Development DC Central Services Wells Fargo Financial Bruce Pearson George Kolb Gellert & Klein Charles Reinhardt Community Energy Duality Don Kortright Mycor Holdings Westhook Sand/Gravel Westhook Sand/Gravel Westhook Sand/Gravel Westhook Sand/Gravel Westhook Sand/Gravel Westhook Sand/Gravel Alan Lehigh Totals 7,899.58 1 $4,951.32 1 $19,611.25 1 $9,524.00 1 $17,793.33 1 $8,491.67 Vendor SW T92 WF WH WT WU CAMO Pollution $13,025.00 _ CAMO Pollution $2,203.25 $1,583.33 $2,877.75 $64,579.17 Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Journal i Southern Dutchess News Southern Dutchess News Town of Fishkill i Town of Fishkill ! $3,293.62 James Baisley Milton Alley Agway Kaman Industries Anaconda Sports First Unum Life Carquest Freedom Ford Frederick Clark Frederick Clark $13,606.25 Eileen Manning -Petty Cash Arkel Motors AC Moore General Code Publishers GHI Staples Staples Mid Hudson Development $831.00 Mid Hudson Development $6,748.25 DC Central Services Wells Fargo Financial Bruce Pearson $375.80 George Kolb Gellert & Klein Charles Reinhardt Community Energy Duality Don Kortright f Mycor Holdings , $252.50 Westhook Sand/Gravel Westhook Sand/Gravel Westhook Sand/Gravel Westhook Sand/Gravel Westhook Sand/Gravel Westhook Sand/Gravel Alan Lehigh $748.30 Totals $13,025.O0 $22,562.10 $2,203.25 $4,876.95 $2,877.75 $64,579.17 Town olVappinger Page 19 Printed 1012212009 Regular Meeting Minutes October 13, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-328 A B DB Yes/A3'e No/Na}° Abstain Absent 10 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled El Withdrawn Maureen McCaiihy Initiator 0 ❑ El El $67.34 Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-329 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: . Vendor A B DB LC LD LH CAMO Pollution Central Hudson Central Hudson Central Hudson $148.21 Central Hudson Central Hudson Central Hudson $2,770.60 NyComco $78.99 $868.97 $2,500.15 Central Hudson $277.87 Home Depot Central Hudson $67.34 Home Depot NyComco $559.00 $1,340.00 Sedore & Company Royal Carting $19,271.06 Home Depot $94.76 Home Depot $17.49 Home Depot $57.40 Frontier Commun $22.46 Sedore & Company $2,356.00 Corbin Excavating $1,188.00 Corbin Excavating $594.00 Anaconda Sports $168.00 Brady Power Equip $59.99 Brady Power Equip $259.28 Bostwick Sales $65.16 Prime Stripe $915.15 Justice Court Fund $51,696.75 Tilcon $956.04 Reserve Account $3,000.00 Wells Fargo Financial $369.53 $373.56 Ralph Holt $314.63 Aflac Susan Dao $19.25 Karol Kelly $73.15 WB Mason $9.99 Assoc. Golf Car $300.00 Stormwater Management $975.00 Stormwater Management Stormwater Management Hudson River Vly Tours $820.00 Crown Trophy $218.65 Crown Trophy $221.09 STS Tire $210.00 M & O Portable Toilets $240.00 Ri er Stewart $110.00 Totals $81,281.51 $4,719.87 $4,138.03 $78.99 $868.97 $2,500.15 Vendor HN T16 T92 CAMO Pollution $3,780.00 Central Hudson Central Hudson Central Hudson Central Hudson NyComco Royal Carting Home Depot Home Depot Home Depot Frontier Commun Sedore & Company Torun of Wappinger Page 20 Printer/ 10/22/2009 Regular Meeting Minutes October 13, 2009 Corbin Excavating Corbin Excavating Anaconda Sports Brady Power Equip Brady Power Equip Bostwick Sales i Prime Stripe Justice Court Fund Tilcon Reserve Account Wells Fargo Financial Ralph Holt Aflac $439.00 Susan Dao Karol Kelly WB Mason Assoc. Golf Car Stormwater Management Stormwater Management $1,100.00 Stormwater Management $800.00 Hudson River My Tours Crown Trophy Crown Trophy STS Tire M & O Portable Toilets Ri er Stewart Totals $3,780.00 $439.00 $1,900.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009_-329 i Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 El El ❑ Adopted as Amended William Beale Seconder D ❑ ❑ ❑ ❑ deated Vincent Bettina Voter El ❑ Rl El Tabled j Maureen McCarthy Initiator 23El0 ❑ El Withdrawn Joseph Paolom Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-330 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 tl e 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 § 1 18(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 30, 2009, and October 7, 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 30, 2009, and October 7, 2009, as provided to the Town Board in support of this Resolution as follows: Town of Kippinger Page 21 Printed 10/22/2009 Regular Meeting Minutes October 13, 2009 1. Abstract (KVS) as processed on September 30, 2009, with a total of One Hundred Eighty -Five Thousand, Five Hundred Fifty -Seven Dollars and 75/100 ($185,557.75); 2. Abstract (KVS) as processed on October 1; 2009, with a total of Twenty Thousand, Eight Hundred Seventy -Seven Dollars and 607100 ($20,877.60); 3-. Abstract (KVS) as processed on October 2, 2009, with a total of Eight Thousand, Nine Hundred Fifty -Five Dollars and 85/100 ($8,955.8.5); and 4. Abstract (KVS) as processed on October 7, 2009, with a total of Sixty -Four Thousand, Seven Hundred Twenty -Two Dollars and 43/100 ($64,722.43); 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 between September 30, 2009 and October 7, 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 - Resolution IIES-2009-330 i HRS B Yes/Aye No/Na} Abstain Absent R3 Adopted Christopher Colley Voter 2 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter CEJ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ ' Tabled Maureen McCarthy Initiator R] ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder Rl ___ ❑ _ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. RESOLU'T'ION: 2009-327 lump Resolution Authorizing 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 HRS B HG HGC HTB HN HNC Al Roberts —r $836.22 Al Roberts Al Roberts $2,062.50 Al Roberts $3,297.00 AI Roberts $222.00 $3,715.00 Al Roberts Al Roberts $247.50 Al Roberts Al Roberts Al Roberts Al Roberts $330.00 $165.00 Al Roberts $33.00 $70.50 Al Roberts 950$389.50 $�N�;�3 $714.00 Totals $66.00 $389.50 $.50 Al Roberts $8,777.50 $1,521.48 $66.00 $313.50 $778.16 Totals $11,309.50 1 $6,786.70 $66.00 $313.50 , $778.16 $363.00 $235.50 Vendor HRS SP SV ST 1 T92 AI .Roberts Al Roberts Al Roberts $3,297.00 Al Roberts Al Roberts $132.00 Al Roberts Al Roberts Al Roberts Al Roberts $66.00 $389.50 950$389.50 $�N�;�3 Totals $66.00 $389.50 $.50 $3,297.00 Town of ffappinger Page 22 rrtntea i viz_liwv7 Regular Meeting Minutes October 13, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-327 CEJ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amendc,1 Christopher Col�ey Voter Q ❑ ❑ ❑ i ❑ Defeated William Beale Vincent Voter D ❑ ❑ ❑ ❑ Tabled Bettina Voter ❑ ❑ ❑ ❑ Withdrawn Maureen McG;rthy AJ Initiator 2 ❑ ❑ ❑ Paolo I seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 13, 2009 The Resolution is hereby duly declared adopted. XV. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina The meeting adjourned at 9:45 PM. /J6hn C. Masterson Town Clerk Imo". Town of Wappirrger Page 23 Printed 10/22/2009