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2009-10-26 RGMTown of Wappinger Town Board Meeting Agenda 20 M ddlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Monday, October 26, 2009 6:00 PM Town Hall 6:00 PM Meeting called to order on October 26, 2009 at '-wn Hall. 20 Middlebush Rd, Wappingers Falls, NY. L Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Public Portion V. Minutes Approval Tuesday, October 13, 2009 VI. Correspondence Log 2009-332. Resolution Authorizing the Acceptance of the Correspondence Log VII. Executive Session A. Labor Contract Negotiations - Colsey/David Wise B. MTBE Litigation - Colsey/Roberts 2009-296. Confidential Executive Session Resolution - MTBE VIII. Resolutions 2009-333. Resolution Consolidating Town Board Meetings of December 2009 2009-334. Resolution Scheduling a Special Town Board Preliminary Budget Meeting 2009-335. Resolution Authorizing Town Attorney to Begin Local Law Proceedings in Order to Adopt an Amended Fee Schedule in Respect to Zoning, Planning and Code Enforcement Municipal Services 2009-336. Resolution Introducing Local Law No. — of "G99 Amending Chapter 230, Vehicles and Traffic, of the 1 :.,iAn I..odt n ohibiting the Parking of Heavy Commercial Vehicles on Town Roads 2009-337. Resolution Authorizing the Purchase and Implementation of Payroll Software in the Accounting Depav meut 2009-338. Resolution Authorizing Amendments to the ".,hilt' Town of Wappinger Budget in Respect to the Highway Department 2009-339. Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to the Accounting Department 2009-340. Resolution Authorizing Change Order No.1 for Martz Field Tennis Court Rehabilitation 2009-297. Resolution to Approve Settlement with Exxon Mobil IX. Items for Special Consideration X. New Business XI. Town Board Budget Reviews A. Tax Receiver B. Tax Assessor C. Dog Control D. CRMO Pollution E. Recreation (incl Parks & Senior Center) F. Code Enforcement Office G. Town Clerk XII. Town Board review of vouchers 2009-341. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 2009-342. Abstract of Claim and Warrant f(-:• P-,,ymeit - of Claim Audited by Town Board 2009-343. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIII. Adjournment Town of Wappinger Page l Printed 1012212009 Monday, October 26, 2009 Town of Wappinger Town Board Meeting Minutes 6:00 PM Call to Order Supervisor Christopher Colsey called the meeting to order at 6:02 PM. 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Town Hall Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Late 6:03 PM Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Late 7:12 PM Joseph Paoloni Town of Wappinger Councilman Present Salute to the Flag Adoption of Agenda Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy IV. Public Portion Motion To: open the floor for comment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Public Comments Mary Schmalz was the first resident to speak. She noted that the Carnwath property has been neglected for two years. She feels that it is time to bring in professionals. She went on to cite examples of how this would benefit the property and the Town. She also felt that the Town should look into having horse shows. Children now have to go out to Millbrook for such activities. She noted that the cost for the lighting at Robinson Lane is over $12,000 per year. She provided the Board with reading material to support her point. Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy V. Minutes Approval Councilman Bettina comments on the Minutes of 2009-10-13 Councilman Bettina noted that he had to leave in the middle of the budget meeting because he had a family emergency. Town Clerk, Chris Masterson, noted that he will make an Town of Wappinger Page I Printed 10/3012009 Town Board Meeting Minutes October 26, 2009 ap amendment in that section of the Minutes. Tuesday, October 13, 2009 Vote Record - Acceptance of Minutes for October 13 2009 6:00 PM Yes/Aye No/Nay Abstain Absent Abstain Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 Maureen McCarthy Joseph Paoloni Seconder 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2009-332 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 -2009-332 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ 11 ❑ Tabled Withdrawn Maureen McCarthy Voter ❑ El 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. VII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy A. Labor Contract Negotiations - Colsey/David Wise B. MTBE Litigation - Colsey/Roberts Resolution 2009-296 Despite the fact that action was to be taken in Executive Session, neither the Town Clerk nor the Deputy Town Clerk, were invited into Executive Session. No Minutes for this Executive Session were taken. The Resolution, which follows below, was recorded by Town Attorney, Al Roberts. RESOLUTION: 2009-296 Confidential Executive Session Resolution - MTBE CONFIDENTIAL Town of Wappinger Page 2 Printed 10/30/2009 1�1 Town Board Meeting Minutes October 26, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-296 ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Yes/Aye No/Nay Abstain Absent a Adopted - Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ a ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ El Joseph Paoloni Seconder El ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy VIII. Resolutions RESOLUTION: 2009-333 Resolution Consolidating Town Board Meetings of December 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 Town Board, after due deliberation, has considered the winter holiday schedule and has resolved to consolidate the Town Board meeting schedule for December 2009 to one (1) meeting on December 21, 2009, starting at 7:00 PM at Wappinger Town Hall, for the purpose of addressing any outstanding 2009 issues requiring immediate attention. NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby schedules a meeting for Monday, December 21, 2009, starting at 7:00 PM. BE IT FURTHER RESOLVED, that the Town Board hereby cancels the meetings scheduled for Monday, December 14, 2009 and Monday, December 28, 2009. BE IT FURTHER RESOLVED, that the Town Board directs the Town Clerk 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 - Resolution RES -2009-333 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 8 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator a ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ a Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-334 Resolution Scheduling a Special Town Board Preliminary Budget Meeting WHEREAS, the Town of Wappinger Town Board has scheduled Preliminary Budget Reviews, as part of the regular Town Board meeting schedule, for October 13, 2009 and October 26, 2009; and WHEREAS, the Town Board, for the purpose of addressing any outstanding Preliminary Budget issues in advance of the November 4, 2009 scheduled Preliminary Budget Public Hearing, has resolved to schedule a Special Town Board meeting on Wednesday, October 28, 2009, to start at 6:00 PM. Town of Wappinger Page 3 Printed 1013012009 Town Board Meeting Minutes October 26, 2009 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a Special Town Board meeting for Wednesday, October 28, 2009, to start at 6:00 PM. BE IT FURTHER RESOLVED, that the Town Board directs the Town Clerk 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 - Resolution RES -2009-334 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Initiator_ 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ 0 Tabled Maureen McCarthy Voter ❑ ❑ ❑ Maureen McCarthy ❑ Withdrawn Jose h Paoloni Voter 0 ❑ _ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby tabled. RESOLUTION: 2009-335 Resolution Authorizing Town Attorney to Begin Local Law Proceedings in Order to Adopt an Amended Fee Schedule in Respect to Zoning, Planning and Code Enforcement Municipal Services WHEREAS, the Town of Wappinger Town Board routinely reviews its Fee Schedule as contained within the Town of Wappinger Town Code for accuracy and consistency with the current economic environment; and WHEREAS, the Town Supervisor presented a proposed Fee Schedule, via direct mailing on September 29, 2009, to the Town Board, in respect to the municipal services of Zoning, Planning and Code Enforcement; and WHEREAS, the Town Board has deliberated upon the proposed Fee Schedule and has determined such to be appropriate. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby directs the Town Attorney to amend the Town of Wappinger Town Code, through the development of Local Law proceedings, in accordance with the proposed Fee Schedule in respect to the municipal services of Zoning, Planning and Code Enforcement. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-335 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ 11 Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2009-336 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Town of Wappinger Page 4 Printed 1013012009 Town Board Meeting Minutes October 26, 2009 RESOLUTION: 2009-336 Resolution Introducing Local Law No._ of 2009 Amending Chapter 230, Vehicles and Traffic, of the Town Code Prohibiting the Parking of Heavy Commercial Vehicles on Town Roads WHEREAS, the Town Board of the Town of Wappinger has determined that Chapter 230, Vehicles and Traffic, of the Town Code should be amended so as to prohibit the parking of heavy commercial vehicles on Town roads (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type 11 action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Wappinger Environmental Quality Review (WEQR) Law which establishes locally designated Type I actions) because the Proposed Action is the enactment of a traffic regulation; and WHEREAS, Type II actions do not require any further environmental processing in accordance with the provisions of SEQRA and WEQR, NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 2009 in the form annexed hereto; except as specifically modified by the amendments contained therein, the 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 hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2009 for 7:00 PM on the 23rd day of November, 2009, and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 3. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Zoning Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-336 Yes/Aye No/Nay Abstain Absent 8 Adopted Christopher Colsey _ Voter 8 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator El ❑ ❑ _ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ a ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 5 Printed 10/30/2009 Town Board Meeting Minutes October 26, 2009 RESOLUTION: 2009-337 Resolution Authorizing the Purchase and Implementation of Payroll Software in the Accounting Department WHEREAS, the Town of Wappinger Tentative Budget for Fiscal Year 2010, as presented on September 28, 2009, has provided for expenses related to the purchase of payroll software to allow for the implementation of an internal payroll function starting in Fiscal Year 2010, through budget line A1315.405; WHEREAS, the Town Accountant presented this proposal to the Town Board at the meeting of October 13, 2009; and WHEREAS, the proposal reflects a long-term savings through the implementation of an internal payroll function utilizing existing personnel; and WHEREAS, the external payroll process was implemented in 2006 to reflect a shortfall of personnel in the Accounting Department; and WHEREAS, the proposal reflects the purchase of payroll software manufactured and supported by KVS, the Town's accounting software vendor, as contracted in fiscal year 2009, thus would allow for direct integration of the package; and WHEREAS, the Town Accountant further researched the integration process and verified that implementation would require a printer with check printing capabilities and approximately 32 hours of training; and WHEREAS, the Town Accountant, as present at the Town Board Meeting of October 26, 2009, has requested authorization to purchase the KVS Payroll Software at a cost not to exceed Ten Thousand Dollars and 00/100 ($10,000.00), a printer with check printing capabilities at a cost not to exceed One Thousand Dollars and 00/100 ($1,000.00) and an estimated Thirty Two (32) hours of training, at a total cost not to exceed Four Thousand Dollars and 00/100 ($4,000.00). NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Accountant to purchase, in advance of the 2010 Fiscal Year, the KVS Payroll Software at a cost not to exceed Ten Thousand Dollars and 00/100 ($10,000.00), a printer with check printing capabilities at a cost not to exceed One Thousand Dollars and 00/100 ($1,000.00) and an estimated Thirty Two (32) hours of training at a total cost not to exceed Four Thousand Dollars and 00/100 ($4,000.00). BE IT FURTHER RESOLVED, that the Town Board hereby directs the Town Accountant to implement the internal payroll function effective January 1, 2010, or as soon as reasonably practical, through the use of existing personnel. BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Town Accountant to discontinue any external payroll service contract upon successful implementation of the internal payroll function. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-337 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-338 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 fourth quarter shortfalls in relation to Budget Line DB5140.400 (Misc./Brush Weeds/CE) and A8160.100 (Refuse and Garbage/PS-Recycle Center) and that would affect the operation of the Highway Department and Recycle Center; and WHEREAS, the proposed budget amendments have been reviewed with the Town Town of Wappinger Page 6 Printed 10/30/2009 F, Ri Town Board Meeting Minutes October 26, 2009 Accountant prior to consideration by the Town Board; 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 Budeet Amended Increase Decrease DB5132.400 Garage/CE - Oil $100,000.00 $75,000.00 $5,000.00 D135140.400 Misc. Brush/Weeds $12,500.00 $5,000.00 A8160.400 Refuse and Garbage $42,500.00 $8,000.00 A8160.100 Refuse & Garbage/PS $24,931.00 $8,000.00 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. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-338 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-339 Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to the Accounting Department WHEREAS, the Town of Wappinger adopted the Final Budget for Fiscal Year 2009 on November 19, 2008; and WHEREAS, the Town Accountant has identified fourth quarter shortfalls that would affect the operation of the Accounting Department; and WHEREAS, the proposed budget amendments have been reviewed with the Town Accountant prior to consideration by the Town Board; 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 A1315.100 Accountant $63,000 $3,000 A1315.200 Equipment $1,000 $300 A1320.401 Actuarial Fee $7,000 $4,200 A1315.407 Training $4,000 $1,000 A1315.402 Office Supplies/comp Svcs $2,250 $1,750 A1315.403 Postage $1,000 $375 A1315.405 Paycheck /payroll $16,000 $5,000 A1315.401 Fiscal Advisor $2,500 $1,375 Total $8,500 $8,500 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 -2009-339 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 10/30/2009 Town Board Meeting Minutes October 26, 2009 RESOLUTION: 2009-340 Resolution Authorizing Change Order No.1 for Martz Field Tennis Court Rehabilitation WHEREAS, the Engineers to the Town, Morris Associates Engineering Consultants, PLLC, has approved Change Order No. 1 to the Contract for Martz Field Tennis Court Rehabilitation, as per letter dated October 20, 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 approves Change Order No. 1 in the amount of Twenty Seven Thousand, Four Hundred Eighty -Five Dollars and 00/100 ($27,485.00), dated October 20, 2009, for Martz Field Tennis Court Rehabilitation Contract between the Town of Wappinger and Avello Brothers Paving Contractors, Inc., resulting in a new Contract sum in the amount of One Hundred Eighty -Seven Thousand, Four Hundred Eighty -Five Dollars and 00/100 ($187,485.00), for the reasons and associated costs set forth in a letter dated October 20, 2009, from Morris Associates Engineering Consultants, PLLC, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-340 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 11 El ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 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 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. NOW, THEREFORE, BE IT RESOLVED, as follows: Town of Wappinger Page 8 Printed 10/30/2009 Town Board Meeting Minutes October 26, 2009 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the actions it has taken in Executive Session this evening and hereby determines that it is in the best interests of the Town to settle with the above noted SETTLING DEFENDANT and hereby authorizes the Supervisor, on behalf of the Town of Wappinger, to execute the Settlement 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 follows: ✓ Vote Record - Resolution RES -2009-297 a Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ Defeated William Beale Initiator El ❑ ❑ ❑ Tabled Vincent Bettina Voter a ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ p Joseph Paoloni Seconder a ❑ ❑ El Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-341 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 WHEREAS, pursuant to Town Law § 119, which sets forth the procedure for the auditing of claims and issuance of warrants where there is no Town Comptroller, the Town Board must audit the claims and issue the warrants for the payment of said claims; and WHEREAS, since the office of the Town Comptroller had been vacant through July 1, 2008, and the vacancy has been subsequently filled by an Accountant, as deemed qualified through the competitive Civil Service process, the duties of auditing claims presented to the Town, and the issuing of warrants authorizing the payment of said claims and bills must be approved by the Town Board; and WHEREAS, New York Town Law § 118(2) permits the Town Board to authorize the payment of Utility Claims in advance of the audit of such claim; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to authorize the payment of Utility Charges in advance of the audit of such claim through Resolution 2008-158; and WHEREAS, the Town Board has found that all the claims as presented through the Abstracts as processed between September 28, 2009, and October 20, 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 28, 2009, and October 20, 2009, as provided to the Town Board in support of this Resolution as follows: 1. Abstract (KVS) as processed on September 28, 2009, with a total of Ten Thousand, Three Hundred Ninety -Seven Dollars and 82/100 ($10,397.82); 2. Abstract (KVS) as processed on September 29, 2009, with a total of One Hundred Eleven Thousand, Three Hundred Eighty -Two Dollars and 40/100 ($111,382.40); 3. Abstract (KVS) as processed on October 13, 2009, with a total of Eighty -Four Thousand, Eight Hundred Seventy -Nine Dollars and 03/100 ($84,879.03); 4. Abstract (KVS) as processed on October 14, 2009, with a total of Two Hundred Thirty Six Thousand, Six Hundred Eighteen Dollars and 36/100 ($236,618.36); 5. Abstract (KVS) as processed on October 15, 2009, with a total of Forty -One Thousand, One Hundred Twelve Dollars and 45/100 ($41,112.45); and 6. Abstract (KVS) as processed on October 20, 2009, with a total of Sixty -Six Thousand, Six Hundred Eighty -Three Dollars and 25/100 ($66,683.25). NOW THEREFORE 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 28, 2009 and October 20, 2009. Town of Wappinger Page 9 Printed 10/3012009 Town Board Meeting Minutes October 26, 2009 NOW THEREFORE BE IT FURTHER RESOLVED, the Town Board hereby authorizes the issuance of warrants in accordance with the abstracts identified herein and then shall direct same to Supervisor Christopher Colsey and authorize and direct him to pay the claimant(s) the amount allowed upon their claim. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-341 A AM B CD CAMO Pollution $585.00 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as AmendedWilliam Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder a ❑ ❑ ❑ ❑ TabledMaureen McCarthy Voter ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. IX. New Business Councilman Beale New Business Councilman Beale noted that he had heard that the speed trailer was damaged. He questioned the status of it. Graham Foster, Highway Supervisor, explained that it had been vandalized and the leg had been broken off. It has been damaged several times in the past. Councilman Beale asked how much the trailer cost and how the Town acquired the speed trailer. Mr. Foster answered that the Town purchased it for $7000. Councilman Beale noted that the Town should have two trailers. Councilman Bettina mentioned that there are trailers that can take a photograph. He would like to look into that. Councilman Beale supported that idea. Mr. Foster suggested that, if there are more than one, they should be kept in one place for a longer period of time. Councilman Beale offered to take the lead on this and to look into another trailer for the future. X. Town Board Budget Reviews A. CRMO Pollution B. Tax Assessor C. Dog Control D. Recreation (incl. Parks & Senior Center) E. Tax Receiver F. Town Clerk G. Code Enforcement Office XI. Town Board review of vouchers RESOLUTION: 2009-342 Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Vendor A AM B CD CAMO Pollution $585.00 CAMO Pollution $600.00 CAMO Pollution $980.00 CAMO Pollution Central Hudson $60.06 Town of Wappinger Page 10 Printed 10/30/2009 N' Town Board Meeting Minutes October 26, 2009 Central Hudson $171.00 HBM HN CAMO Pollution Central Hudson $1,873.78 CAMO Pollution Central Hudson $256.70 CAMO Pollution Empire $4,732.86 $2,090.14 $1,500.00 Home Depot $5.64 Central Hudson Home Depot $9.96 Central Hudson Signal Graphics $102.95 Central Hudson Signal Graphics $323.90 $5,621.32 Mid Hudson Fasteners Home Depot Milton Alley Agway Signal Graphics Pine Bush Equipment Signal Graphics Dan Zag Royal Auto $184.95 $28.00 Parts $138.00 Pine Bush Equipment Meadowbrook Farms $68.45 Dan Zag Royal Auto NYS Unemployment $2,076.99 Parts $1,249.56 Carquest Meadowbrook Farms Bostwick Sales $232.87 Carquest Hudson River Truck Bostwick Sales Equip Hudson River Truck $440.61 Old State Auto Thalle Industries CSEA Global Translation $280.00 Williams Lumber $633.89 NYSBOC-R. Serino $25.00 AC Moore $22.52 Hillman Signs Pamal Broadcasting $1,200.00 Justice Court $34,979.00 Staples $17.60 Zee Medical $71.53 Christopher Colsey $45.00 Meteorlogix Cablevision $274.65 Transcare $32,916.66 Transcare $32,916.66 Bug Busters $3,358.33 Compass Tire $234.90 R Costa Electric $280.00 Verizon Wireless $261.88 $772.74 Wilson Oil $479.09 STS $722.52 Isaac Ovadiah $140.00 Totals $54,608.89 $65,833.32 1 $4,160.68 Vendor DB HBM HN CAMO Pollution CAMO Pollution CAMO Pollution CAMO Pollution $1,500.00 Central Hudson Central Hudson Central Hudson Central Hudson Empire $5,621.32 Home Depot Home Depot Signal Graphics Signal Graphics Mid Hudson Fasteners $28.00 Milton Alley Agway $138.00 Pine Bush Equipment $167.54 Dan Zag Royal Auto Parts Meadowbrook Farms NYS Unemployment $1,141.00 Carquest $24.14 Bostwick Sales Hudson River Truck $440.61 Town of Wappinger Page 11 Printed 10/3012009 Town Board Meeting Minutes October 26, 2009 Equip A B Old State Auto $100.00 HN Thalle Industries $47,142.20 $160,237.00 CSEA $2,073.78 No/Nay Global Translation Absent 0 Williams Lumber Christopher Colsey Voter NYSBOC-R. Serino ❑ ❑ AC Moore ❑ Adopted as Amended Hillman Signs $314.50 0 Pamal Broadcasting ❑ ❑ Justice Court Defeated Vincent Bettina Staples 0 ❑ Zee Medical ❑ ❑ ❑ Christopher Colsey Maureen McCarthy Seconder Meteorlogix $366.00 ❑ Cablevision Withdrawn Transcare Initiator 0 Transcare ❑ ❑ Bug Busters $432.53 Compass Tire R Costa Electric $315.00 Verizon Wireless Wilson Oil $1,998.61 STS Isaac Ovadiah $90.52 Totals $59,555.70 $160,237.00 The foregoing was put to a vote which resulted as follows: 500.00 ✓ Vote Record - Resolution RES -2009-342 A B DB HBM HN CAMO Pollution Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-343 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 HBM HN CAMO Pollution $29,545.30 CAMO Pollution $733.79 Central Hudson $79.22 Clove Excavators $57,680.00 MVP $9,596.82 $2,817.85 $14,620.56 MVP Gold $2,554.30 $255.43 West Payment $138.00 West Payment $514.40 Al Roberts $432.53 Greater Southern Dutch $315.00 Matt Meybohm $184.48 Coffee Systems $90.52 Frederick Clark Frederick Clark $5,049.00 Foam and Wash $7.00 $28.00 Thalle Industries $37,717.20 Village of Fishkill Hudson River Truck/Trai; $68.49 Tilcon $831.22 Staples $16.47 Town of Wappinger Page 12 Printed 1013012009 1� Town Board Meeting Minutes October 26, 2009 T14 Staples $48.14 WF CAMO Pollution 0 Mid Hudson Holdings No/Nay Abstain Absent Central Hudson Christopher Colsey Voter HR Direct $70.99 Clove Excavators ❑ ❑ Adopted as Amended William Beale MVP George Kolb ❑ $87.99 ❑ MVP Gold Defeated Vincent Bettina Voter Fred Pryor Seminars $199.00 ❑ ❑ ❑ Tabled West Payment Toshiba Financial $461.46 Al Roberts ❑ Withdrawn Maureen McCarthy Initiator MetLife $1,626.98 $456.24 ❑ Matt Meybohm Joseph Paoloni Voter All State ❑ Coffee Systems ❑ Frederick Clark Cornerstone $1,268.40 $245.05 Frederick Clark $645.00 Don Kortright Foam and Wash $90.00 Thalle Industries Clark Patterson Lee Village of Fishkill $7,264.45 Clark Patterson Lee $687.50 Tilcon Hudson River Vly Tours $674.00 Staples Staples Frei ht note 1 $110.00 Mid Hudson Holdings $24,634.25 Totals $17,660.70 $9,804.16 1 $16,160.18 $95,397.20 $30,279.09 George Kolb Vendor T14 T92 T96 WF CAMO Pollution 0 CAMO Pollution No/Nay Abstain Absent Central Hudson Christopher Colsey Voter 0 ❑ Clove Excavators ❑ ❑ Adopted as Amended William Beale MVP 0 ❑ ❑ ❑ MVP Gold Defeated Vincent Bettina Voter 0 West Payment ❑ ❑ ❑ Tabled West Payment Al Roberts ❑ Withdrawn Maureen McCarthy Initiator Greater Southern Dutch ❑ ❑ ❑ Matt Meybohm Joseph Paoloni Voter 0 ❑ Coffee Systems ❑ Frederick Clark $9,549.05 Frederick Clark $645.00 Foam and Wash Thalle Industries Village of Fishkill $7,264.45 Hudson River Truck/Trai; Tilcon Staples Staples Mid Hudson Holdings $24,634.25 HR Direct George Kolb Fred Pryor Seminars Toshiba Financial MetLife All State $802.24 Cornerstone Don Kortright Clark Patterson Lee $2,843.56 Clark Patterson Lee Hudson River Vly Tours Frei ht uote Totals 1$802.24 1 $13,037.61 $24,634.25 $7,264.45 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-343 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 26, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 13 Printed 10/3012009 Town Board Meeting Minutes October 26, 2009 XII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni The meeting adjourned at 9:51 PM. �-- (John C. Masterson Town Clerk Town of Wappinger Page 14 Printed 10/30/2009 r 11