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2010-02-22 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda ~ Chris Masterson 845-297-5771 Monday, February 22, 2010 7:00 PM Town Hall 7:00 PM Meeting called to order on February 22, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order 11. Salute to the Flag III. Adoption of Agenda IV. Public Portion V. Minutes Approval VI. Correspondence Log 2010-89. Resolution Authorizing the Acceptance of the Correspondence Log VII. Discussions VIII. Resolutions 2010-90. Resolution Authorizing a Representative of the Town of Wappinger Town Clerk's Office to Attend the New York State Town Clerks Association 2010 Conference 2010-91. Resolution Authorizing the Preparation of a Plan to Provide Permanent Bathroom Facilities for the Airport Drive Soccer Park 2010-92. Resolution Authorizing the Preparation of a Drainage Plan for the Airport Drive Soccer Park 2010-93. Resolution Authorizing Change Order No. 4 for the Highway Garage HVAC Project 2010-94. Resolution Naming a Private Road for Tassone Realty 2010-95. Resolution Establishing a Contributing Salary for the Joint Town Assessor of the Town of Wappinger and the Town of Fishkill 2010-96. Resolution Authorizing Litigation Proceedings for Unsatisfied Escrow Balances 2010-97. Resolution Appointing Members to the Town of Wappinger Conservation Advisory Council 2010-98. Resolution Authorizing the Use of Robinson Lane for a Fundraising Tournament 2010-99. Resolution Appointing a Member to the Town of Wappinger Board of Assessment Review 2010-100. Resolution Authorizing the Recruitment of Town Residents to Fill Town Vacancies 2010-101. Resolution Scheduling a Special Meeting for the Purpose of Reviewing the 2010 Budget Status 2010-102. Resolution Consolidating the Positions of Recreation Director and Senior Center Director for the Town of Wappinger Recreation Department 2010-103. Resolution Authorizing Refund of Unused Escrow for Homestead Farms Subdivision (Account 03-5079) 2010-104. Resolution Authorizing Refund of Unused Escrow for Hughsonville Fire District Site Plan (Account 09-3102) 2010-105. Resolution Authorizing Reimbursement of Expenses for Attendees of the New York State Association of Towns Conference 2010-106. Resolution Setting Financial Disclosure Standards for Town of Wappinger Board Members, Committee Members, and Town of Wappinger Employees IX. Items for Special Consideration X. New Business XI. Comprehensive Plan Workshop XII. Executive Session A. Employee Reorganization/Civil Service Determination XIII. Town Board Review of Vouchers 2010-107. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-108. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Town of Wappinger Page 1 Printed 211712010 Town Board Meeting Agenda February 22, 2010 2010-109. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-110. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-111. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-112. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIV. Adjournment Town of Wappinger Page 2 Printed 211712010 Monday, February 22, 2010 IV. Town of Wappinger Town Board Meeting Minutes 7:00 PM Call to Order Supervisor Christopher Colsey called the meeting to order at 7:00 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 Present Vincent Bettina Town of Wappinger Councilman Late 7:01 PM Ismay Czarniecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present Bob Gray Town of Wappinger Engineer to the Town Present David Stolman Town of Wappinger Town Planner Present Graham Foster Town of Wappinger Highway Superintendent Present Salute to the Flag Adoption of Agenda Supervisor Colsey Statement Supervisor Colsey noted that the Town Attorney, Al Roberts, had two items under "Items for Special Consideration". Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Christopher Colsey, Supervisor AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Portion Motion To: open the floor to Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Comments The first resident to speak was Mary Schmalz. She asked for clarification on Resolution 2010-98. Supervisor Colsey explained the Resolution for the resident. Ms. Schmalz then asked about a bill to be paid for Sir Speedy in the amount of $3377.97. In her opinion, the Board has taken the recreation guide and changed the name to a Town calendar of events. She noted that other towns make money on their guides. She feels that this expense is extreme. Al Roberts, Town Attorney, explained that it is his understanding that it is improper for a Town to solicit funds or donations for government purposes. Next resident to speak was Joseph Dauzat. He asked for clarification on Resolution 2010-105. He asked if this resolution was for additional expenses. Councilman Beale explained that this Resolution is for reimbursement for transportation and meals. Supervisor Colsey noted that there was a flat $5000 budgeted for the conference. He believes that this Resolution would not put the total cost above $5000. Mary Schmalz spoke again. She cited certain Recreation bills to be paid. She wanted to know where the contracts for these bills are so that she could view them. Mr. Roberts explained that he sent them off to Ralph Holt for review and comment before being submitted to the Board. Town of Wappinger Page 1 Printed 3/3/2010 Town Board Meeting Minutes February 22, 2010 VA VI. Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czamiecki, Paoloni Minutes Approval Monday, February 08, 2010 ✓ Vote Record'- Acceptance of Minutes for February 8 2010 7:00 PM Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ [I ❑ ❑ Tabled Ismay Czamiecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2010-89 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 -201049 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ , ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 El 13 ❑ Tabled ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 VII. Resolutions The Resolution is hereby duly declared adopted. RESOLUTION: 2010-90 Resolution Authorizing a Representative of the Town of Wappinger Town Clerk's Office to Attend the New York State Town Clerks Association 2010 Conference WHEREAS, the Town of Wappinger Town Clerk annually attends training in respect to the duties of the Office; and WHEREAS, in accordance with the determination of the Town Clerk, attendance at the New York State Town Clerks Association 2010 Conference, from April 25 - 28, in Saratoga, New York, is requested for Deputy Town Clerk Christine Fulton; and WHEREAS, training expenses for the department have been budgeted in the amount of $1200.00 in budget line A1410.405; and WHEREAS, the costs for attendance include registration ($125), hotel ($109) and expected reimbursed meal expenses ($50) and mileage reimbursement (124.50); NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes Deputy Town Clerk Christine Fulton to attend the New York State Town Clerks Association 2010 Conference, from April 25 - 28, at a total cost not to exceed Four Hundred Eight Dollars and 50/100 ($408.50). BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Clerk to execute a Purchase Order in payment of the registration and hotel upon adoption of this resolution. Town of Wappinger Page 2 Printed 3/3/2010 Town Board Meeting Minutes February 22, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-90 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder D ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-91 Resolution Authorizing the Preparation of a Plan to Provide Permanent Bathroom Facilities for the Airport Drive Soccer Park WHEREAS, the Town Board is the custodian of all Town owned properties; and WHEREAS, the Town annually leases portable bathroom appliances to accommodate the park users; and WHEREAS, permanent bathroom facilities which are inspected daily and maintained are in the best interest of the Town of Wappinger; and WHEREAS, such proposal, requires a plan prepared by a licensed design professional, to ensure compliance with all regulatory agencies. NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger Engineer and CAMO Pollution are authorized to perform a preliminary study for the purpose of determining the scope and expense of permanent bathroom facilities, for further consideration by the Town Board. BE IT FURTHER RESOLVED, that funding for this capital improvement project is to be utilized from the Parkland Trust account. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-91 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-92 Resolution Authorizing the Preparation of a Drainage Plan for the Airport Drive Soccer Park WHEREAS, the Town Board is the custodian of all Town owned properties; and WHEREAS, the drainage ditch crossing the park from Airport Drive to the drainage area has eroded and requires repairs and maintenance to assure the proper flow of surface water; and WHEREAS, remedial repairs were completed in 2009 to increase the drainage flows; and WHEREAS, a proper restoration of the drainage requires a plan as completed by a licensed design professional; and WHEREAS, the Town Board has considered the restoration of the drainage ditch as necessary and beneficial to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger Engineer is authorized to perform a preliminary study for the purpose of determining the scope and expense of the restoration of the drainage ditch, for further consideration by the Town Board. BE IT FURTHER RESOLVED, that the funding for this capital improvement project is to be drawn from the Parkland Trust account. Town of Wappinger Page 3 Printed 3/3/1010 Town Board Meeting Minutes February 22, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-92 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ 11 ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Ismay Czamiecki Initiator 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-93 Resolution Authorizing Change Order No. 4 for the Highway Garage HVAC Project WHEREAS, the Engineers to the Town, Morris Associates Engineering Consultants, PLLC, have approved Change Order No. 4 to the Contract for the Town of Wappinger Highway Garage HVAC Project, as per letter dated February 4, 2010, a copy of which has been provided to the Town Board in advance of this resolution. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves Change Order No. 4 in the amount of One Thousand, Six Dollars and 25/100 ($1,006.25), dated February 1, 2010, for the Town of Wappinger Highway Garage HVAC Project Contract between the Town of Wappinger and Airflow Air Conditioning, Refrigeration & Heating, Inc., resulting in a new Contract sum in the amount of Two Hundred Fifty -Seven Thousand, Four Hundred Eighty Dollars and 25/100 ($257,480.25), for the reasons and associated costs set forth in the letter dated February 4, 2010, from Morris Associated Engineering Consultants, PLLC. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - ResolutionRFS-2010-93' Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ El Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ 11 ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-94 Resolution Naming a Private Road for Tassone Realty WHEREAS, Tassone Realty, located at 1056-1062 US State Route 9, in the Town of Wappinger, has proposed a private road for a mixed used property for the purpose of accommodating emergency responders; and WHEREAS, the Applicant has proposed the name of "Tassone Court" for this private road; and WHEREAS, Jim Tompkins, Program Assistant for Dutchess County Emergency Response, has determined that there are no conflicts with the name "Tassone Court", as established through a memo dated February 9, 2010; and WHEREAS, the Town of Wappinger Fire Prevention Bureau has determined that there are no conflicts with the name "Tassone Court", as established through a memo dated February 9, 2010. NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes formally naming the private road located at 1056-1062 US State Route 9, in the Town of Wappinger, as "Tassone Court." Town of Wappinger Page 4 Printed 3/3/2010 Town Board Meeting Minutes February 22, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-94 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator EI ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter EI ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter EI ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-95 Resolution Establishing a Contributing Salary for the Joint Town Assessor of the Town of Wappinger and the Town of Fishkill WHEREAS, the Town of Wappinger and the Town of Fishkill entered into a Coordinated Assessment Agreement, on December 28`h, 2006; and WHEREAS, the Town of Wappinger and Town of Fishkill jointly consented to appoint Christian Harkins as the CAP Assessor, with salary to be split equally between the member municipalities; and WHEREAS, the Town Board adopted an annual salary of $85,000.00 for the Joint Town Assessor on February 11, 2008, through Resolution 2008-044; and WHEREAS, on October 22, 2008, the Town Board publicly reviewed the proposed budget of the Assessor's Office and adopted a 2009 salary of the CAP Assessor at $95,000.00; and WHEREAS, the 2009 CAP Assessor budgeted salary for the Town of Wappinger is $47,500.00, with $42,500.00 in budget line A1355.100 and $5,000.00 in the water and sewer district budget lines; and WHEREAS, the 2010 CAP Assessor budgeted salary for the Town of Wappinger is $47,500.00, with $42,500.00 in budget line A1355.100 and $5,000.00 in the water and sewer district budget lines. 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. Christian Harkins is hereby reaffirmed as the Joint Assessor for the Town of Wappinger and the Town of Fishkill, pursuant to Local Law No. 8 of 2006 of the Town of Wappinger, and pursuant to the Coordinated Assessment Agreement between the Towns of Wappinger and Fishkill, dated December 28, 2006. 3. The salary for Christian Harkins as Joint Assessor is hereby set at $95,000.00 as Joint Assessor, with one-half thereof, $47,500.00, to be paid by the Town of Wappinger and $47,500.00 to paid by the Town of Fishkill, together with social security payments, worker's compensation, retirement and other benefits to be shared equally by the Town of Wappinger and the Town of Fishkill. 4. That Christian Harkins' salary shall be paid in 52 payment periods throughout calendar year 2010. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-95 Yes/Aye No/Nay Abstain Absent El Adopted Christopher Colsey Voter EI ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder Cl ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter EI ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ 2 ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-96 Resolution Authorizing Litigation Proceedings for Unsatisfied Escrow Balances WHEREAS, the Town of Wappinger maintains certain escrow accounts for the Town of Wappinger Page 5 Printed 3/3/2010 Town Board Meeting Minutes February 22, 2010 reimbursement of professional review fees in review of any application presented to the Town Board, the Planning Board, the Zoning Board of Appeals and Office of Code Enforcement; and WHEREAS, the Town Board formerly authorized the Town Attorney to pursue certain matters of unsatisfied escrow accounts through Resolution 2009-052; and WHEREAS, the escrow account for Blackwatch Development, account no. 99-5023- 5013, has a negative balance in the amount of $7,137.30, plus the minimum escrow account balance of $5000, per Town Code, for a total balance due of $12,137.30; and WHEREAS, the Applicant has been provided with an updated invoice and supporting documentation in an effort to rectify the balances due, including a certified -return receipt notice, as originated by the Town Supervisor on February 3, 2010, copies of which have been forwarded to the Town Board in advance of this resolution. NOW, THEREFORE, BE IT RESOLVED, that Albert Roberts, Esq., serving as the Attorney to the Town of Wappinger, is authorized to commence a collection proceeding in the name of the Town of Wappinger for escrow account no. 99-5023-5013 for arrears greater than Five Thousand Dollars ($5,000.00) in any court of competent jurisdiction. The foregoing was put to a vote which resulted as follows: ✓ Vote Record'- Resolution RES -2010-96 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Initiator 0 ❑ El ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-97 Resolution Appointing Members to the Town of Wappinger Conservation Advisory Council WHEREAS, § 9.3 (A) of the Town Code of the Town of Wappinger provides for the appointment of a Conservation Advisory Council, consisting of five (5) members who are interested in the improvement and preservation of the environmental quality of the Town, with powers and duties outlined in section § 9.5 of the Town Code; and WHEREAS, the Town Board has not appointed members to the Council for a period exceeding five (5) years, and all positions are deemed vacant; and WHEREAS, the Town Board authorized the recruitment of persons to fill the vacancies through Resolution 2010-052, on January 4, 2010; and WHEREAS, residents of the Town of Wappinger submitted letters of interest, copies of which have been provided to the Town Board in advance of this resolution. NOW, THEREFORE, BE IT RESOLVED, the Town Board appoints the following five (5) persons to the Town of Wappinger Conservation Advisory Council: 1) 2) 3) 4) 5) BE IT FURTHER RESOLVED, the Town Board appoints as an ex officio member of the Council in accordance with Town Code § 9.3 (B) which provides that "one or more members of the governing body, the Chairman of the Planning Board, Superintendent of Highways, Chairman of Recreation Commission, Town Attorney or Attorney to the town and other officials that may be hereafter designated by the Town Board shall be ex officio members of the Council. " BE IT FURTHER RESOLVED, the Town Board appoints as the Chairperson of the Town of Wappinger Conservation Advisory Council for the term of January 1, 2010 to December 31, 2010 in accordance with Town Code § 9.4 which provides that, "the Town Board shall designate a member of the Council to act as Chairman thereof. The Council shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities and shall file an annual report as provided in § 9.6 of this chapter. " Town of Wappinger Page 6 Printed 3/3/2010 Town Board Meeting Minutes February 22, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-97 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ 0 Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby tabled. RESOLUTION: 2010-98 Resolution Authorizing the Use of Robinson Lane for a Fundraising Tournament WHEREAS, a memo dated February 4, 2010, from the Recreation Vice Chairman, was received in respect to the use of Robinson Lane fields for a fund raising tournament, a copy of which was provided to the Town board in advance of this resolution; and WHEREAS, the memo verifies that the tournament shall not conflict with the schedule of Little League. NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes the use of Robinson Lane fields for a fundraising tournament on August 27 - 29, 2010. BE IT FURTHER RESOLVED, the Town Board directs the Town of Wappinger Recreation Department to process such application for field usage upon collection of applicable fees in accordance with resolution 2010-011 and deposit of a Certificate of Insurance designating the Town of Wappinger as an additional insured party. BE IT FURTHER RESOLVED, the Town Board directs the Town of Wappinger Parks and Maintenance Department to assess any additional fees for unreasonable field maintenance left incomplete, such as the collection of excess debris and litter, to the tournament applicant. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-98 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 Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-99 Resolution Appointing a Member to the Town of Wappinger Board of Assessment Review WHEREAS, a vacancy exists in the Town of Wappinger Board of Assessment Review due to the resignation of Joseph M. Perillo; and WHEREAS, the Town Board of the Town of Wappinger wishes to appoint John Lawrence to fulfill the unexpired term on the Board of Assessment Review through December 31, 2012. NOW, THEREFORE, BE IT RESOLVED, that John Lawrence is hereby appointed to fulfill the unexpired term of Joseph M. Perillo through December 31, 2012 on the Board of Assessment Review. Town of Wappinger Page 7 Printed 31312010 Town Board Meeting Minutes February 22, 2010 The foregoing was put to a vote which resulted as follows: Vote Record'- Resolution RES -2010-99 " ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-100 Resolution Authorizing the Recruitment of Town Residents to Fill Town Vacancies WHEREAS, vacancies exist in the positions of Town Historian and Legislative Aid to the Town Board; and WHEREAS, the Town Board has resolved to seek letters of interest and resumes through advertisements in the local newspapers, postings by the Town Clerk and postings on the Town website. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby authorizes the Town Supervisor and Town Clerk to seek letters of interest and resumes for the aforementioned positions through local newspapers, postings by the Town Clerk and postings on the Town website for consideration by the Town Board. The foregoing was put to a vote which resulted as follows: Vote Record''- Resolution RES=2010-100 ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ 11 Defeated Vincent Bettina Initiator 0 11 ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2010-101 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2010-101 Resolution Scheduling a Special Meeting for the Purpose of Reviewing the 2010 Budget Status WHEREAS, the Town Board believes periodic oversight of the Town Budget is necessary to ensure the financial integrity of the Town of Wappinger; and, WHEREAS, the Town Board has resolved to schedule a Budget Workshop on March 22, 2010, starting at 6:OOPM, to precede the regular scheduled meeting; and WHEREAS, the meeting shall be open to the public in accordance with applicable State laws. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby authorizes the Town Clerk to publish and post a special meeting notice for the purpose of a Budget Workshop on March 22, 2010 and starting at 6:OOPM. Town of Wappinger Page 8 Printed 3/3/2010 Town Board Meeting Minutes February 22, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-101 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ ❑ 0 Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ Withdrawn ,—h Pa Il ni Voter 0 ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-102 Resolution Consolidating the Positions of Recreation Director and Senior Center Director for the Town of Wappinger Recreation Department WHEREAS, the Town of Wappinger appointed Jaclyn Smith to the part-time position of Recreation Director, through Resolution 2009-073, on February 9, 2009; and WHEREAS, prior to the appointment, Dutchess County Personnel Department reviewed the credentials of Jaclyn Smith and determined that she held the qualifications in accordance with the Civil Service guidelines for the position of Recreation Director; and WHEREAS, a copy of the Civil Service job description for the title Recreation Director has been provided to the Town Board in advance of this resolution; and WHEREAS, in accordance with her appointment, Jaclyn Smith challenged the Civil Service examination for Recreation Director on February 6, 2010; and WHEREAS, a vacancy occurred in the position of Recreation Leader (Senior Center) due to a voluntary resignation effective February 12, 2010; and WHEREAS, the Town Board discussed the proposal, as initiated by the Town Supervisor, to utilize the part-time Recreation Director to supervise the Senior Center in addition to oversight of the Town recreation programs, for the creation of a full-time Recreation Director; and WHEREAS, the Town Supervisor gained advice from Dutchess County Personnel Department in respect to this proposal and such was determined consistent with the job duties of the role; and WHEREAS, Jaclyn Smith currently earns $15,450 annually through budget line B7310.100 for the part-time (hourly) post of Recreation Director; and WHEREAS, the position of Senior Center Director is budgeted in the amount of $28,840.00 in the 2010 Town of Wappinger Budget; and WHEREAS, the proposed position would be funded from budget lines B7310.100 (Recreation Director) and A7620.100 (Senior Director) for the total amount of $36,400.00 ($20.00/hr) based upon a thirty-five (35) hour work week. NOW, THEREFORE, BE IT RESOLVED, that Town Supervisor Christopher Colsey is hereby authorized to appoint Jaclyn Smith to the full-time role of Recreation Director with the responsibilities to provide supervision to the Senior Center and Youth Recreation programs of the Town of Wappinger. BE IT FURTHER RESOLVED, that compensation for said role shall be in the amount of Twenty Dollars and 00/100 ($20.00) per hour to be funded from budget line B7310.100 (Recreation Director) and A7620.100 (Senior Director). BE IT FURTHER RESOLVED, that the office of the Recreation Director be re -located to the Town of Wappinger Senior Center using in-house labor force. Further, the Recreation Director is permitted to utilize off-site Town owned buildings to conduct employee meetings, resident seminars and classes, and to conduct off-site Town business as deemed necessary to ensure the success and integrity of the Town of Wappinger Recreation programs. BE IT FURTHER RESOLVED, that this position shall be deemed effective upon adoption by the Town Board. Town of Wappinger Page 9 Printed 3/3/2010 Town Board Meeting Minutes February 22, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record:- Resolution RES -2010-102 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ p ❑ Defeated William Beale Voter 0 ❑ ❑ [7 ❑ Tabled Vincent Bettina Initiator 8 p ❑ ❑ ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ El p 1—h Paoloni Voter ❑ 0 ❑ 0 Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-103 Resolution Authorizing Refund of Unused Escrow for Homestead Farms Subdivision (Account 03-5079) WHEREAS, on or about November 24, 2003, Brooks Real Estate Development Corp. (hereinafter the "Applicant") filed an application for Subdivision Approval under Application Number 03-5079; and WHEREAS, on or about November 25, 2003, the Applicant deposited Twenty -Two Thousand, Five Hundred Dollars and 00/100 ($22,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, an additional deposit in the amount of Seven Thousand, Three Hundred Ninety -Seven Dollars and 60/100 ($7,397.60) was made on September 28, 2004; and WHEREAS, the project has been withdrawn by the Applicant by letter dated December 16, 2009; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Seven Thousand, Nine Hundred Eighty -Five Dollars and 90/100 ($7,985.90) remains in escrow account number 03-5079 and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of Seven Thousand, Nine Hundred Eighty -Five Dollars and 90/100 ($7,985.90) from escrow account number 03-5079, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-103 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Y her Colse Initiator 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 8 ❑ p 0 1—h Paoloni Seconder 0 ❑ ❑ 0 Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-104 Resolution Authorizing Refund of Unused Escrow for Hughsonville Fire District Site Plan (Account 09-3102) WHEREAS, on or about August 13, 2009, Hughsonville Fire District (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 09-3192; and WHEREAS, on or about August 24, 2009, the Applicant deposited Seven Thousand, Five Hundred Dollars and 00/100 ($7,500.00) into an escrow account with the Town of Town of Wappinger Page 10 Printed 3/3/2010 Town Board Meeting Minutes February 22, 2010 Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, the application was approved and the Resolution of Approval was signed by the Planning Board Chairman on October 16, 2009; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Four Thousand, Twenty -One Dollars and 50/100 ($4,021.50) remains in escrow account number 09-3192 and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of Four Thousand, Twenty -One Dollars and 50/100 ($4,021.50) from escrow account number 09-3192, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-104 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-105 Resolution Authorizing Reimbursement of Expenses for Attendees of the New York State Association of Towns Conference WHEREAS, Transportation costs to and from the Warwick Hotel, including parking, for the purposes of attending the New York State Association of Towns Conference are considered reimbursable; and WHEREAS, meal expenses for attendees of the New York State Association of Towns Conference are considered reimbursable NOW, THEREFORE, BE IT RESOLVED, that the attendees of the 2010 New York State Association of Towns Conference be reimbursed by the Town of Wappinger for mileage, per adopted rate, to and from the conference, or train transportation, and taxi and/or subway expenses to and from the Warwick Hotel. BE IT FURTHER RESOLVED, that the attendees of the 2010 New York State Association of Towns be reimbursed by the Town of Wappinger the adopted rate of $55 per day for meal expenses The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-105 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ❑ 0 ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter ❑ 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 11 Printed 3/3/2010 Town Board Meeting Minutes February 22, 2010 RESOLUTION: 2010-106 Resolution Setting Financial Disclosure Standards for Town of Wappinger Board Members, Committee Members, and Town of Wappinger Employees WHEREAS, effective January 1, 1991, towns with populations over Fifty thousand were to adopt provisions for the filing of annual statements of financial disclosure by their officers and employees as outlined in General Municipal Law 5812 and; and WHEREAS, towns with populations under Fifty thousand may voluntarily adopt provisions for the filing of annual statements of financial disclosure by their officers and employees, including those contained in General Municipal Law §812; and WHEREAS, effective January 1, 2005, any Assessor receiving $20,000.00 or more (in the aggregate) must annual file a financial disclosure form [RPTL§336; GML §812(1)(a); and WHEREAS, the Town Board of the Town of Wappinger believes it to be in the best interest of the residents to maintain the highest level of ethical standards, to include matters of personal financial disclosure that may conflict with the Town of Wappinger Ethics Code, GML §805-a, GML §809 and any other provisions of local, State or Federal law; and WHEREAS, in an effort to develop a process of objectively reporting matters of financial disclosure, the Town Board of the Town of Wappinger adopts the annual disclosure filing documents and forms as provided in General Municipal Law § 812. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby directs the Town of Wappinger Attorney to initiate Local Law proceedings for the filing of annual statements of financial disclosure by their officers and employees in accordance with the Town of Wappinger Ethics Code, General Municipal Law §805-a, General Municipal Law §809, General Municipal Law §812 and any other applicable provisions of local, State or Federal law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2010-106 Yes/Aye No/Nay Abstain Absent ❑ Adopted -- Christopher Colsey Voter . ❑ 0 ❑ ❑ ❑ Adopted as Amended William Beale Seconder 8 ❑ ❑ ❑ 11 Defeated Vincent Bettina Initiator 8 ❑ ❑ ❑ 0 ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby tabled. VIII. Items for Special Consideration Motion To: add Resolution to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czamiecki, Paoloni RESOLUTION: 2010-113 Resolution Authorizing the Attorney to the Town to Interpose an Answer, Defenses and Any Counterclaims in the Action Commenced Against the Town by City of Newburgh, as Third Party Plaintiff WHEREAS, the United States of America commenced an action in the United States District Court for the Southern District of New York against the City of Newburgh and other parties in connection with claims arising out of the Consolidated Iron Super Fund Site in Newburgh, New York.; and WHEREAS, the City of Newburgh, Third Party Plaintiff, has commenced action against the Town of Wappinger and other parties as Third Party Defendants; and WHEREAS, the Town disputes the allegations contained in the Third Party Complaint; and WHEREAS, the Town Board, after due deliberation, finds that it is in the best interest of the Town of Wappinger to vigorously defend its interest in this action by having its attorney, Town of Wappinger Page 12 Printed 3/3/2010 T.,..,., n„nrA b/loctina Minutes February 22, 2010 ALBERT P. ROBERTS or any attorney in the firm of VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP., interpose an Answer, and any applicable defenses and counterclaims against the City of Newburgh or any other related parties, and otherwise provide such legal services as are necessary to appropriately defend the Town in this action and to assert any appropriate Counterclaims for recovery of any losses incurred by the Town in connection with this matter. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes Albert P. Roberts and/or any attorney in the firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to vigorously defend this action on behalf of the Town of Wappinger and to interpose an Answer, and any defenses as well as any and all applicable Counterclaims against any appropriate parties in furtherance of defending the Town's interests in this action. 3. Albert P. Roberts and/or the firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP shall be paid in accordance with the retainer agreement presently in place between the Town of Wappinger and Albert P. Roberts. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-113 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn 1--h Panlnni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. Motion To: add Resolution to the Agenda ,.,., RESULT: ADOPTED [UNANIMOUS] i MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2010-114 Resolution Authorizing Acceptance of a Conservation Easement in Connection with the Adams Fairacre Farms Amended Site Development Plan and Wetlands Permit Approvals WHEREAS, Adams Fairacre Farms, Inc. (Adams-Wappinger, LLC) has received Amended Site Development Plan and Wetlands Permit Approvals from the Town of Wappinger Planning Board by Resolution dated October 19, 2009; and WHEREAS, one of the conditions of the Amended Resolution of Approval authorized the disturbance of a Town designated wetland which is located adjacent to a roosting tree used by the Indiana Bat, an endangered species; WHEREAS, in order to disturb the aforementioned wetland, Adams is required to obtain an Article 11 Incidental Endangered Species Taking License (the "License")from the New York State Department of Environmental Conservation (DEC), as well as authorization from the } United States Fish and Wildlife Service of the Federal Department of Interior (Fish and Wildlife); and WHEREAS, as a condition precedent to the issuance of the License, DEC will require that Adams demonstrate a "net conservation benefit" be securing additional properties that will forever be protected as prospective roosting areas for the Indianan Bat; and WHEREAS, Adams has been able to procure a Conservation Easement containing approximately 12.5 acres of land which have been identified as excellent quality habitat for the Indiana Bat; and WHEREAS, DEC and Fish and Wildlife have also required that the Conservation Easement be procured in accordance with Article 49, Title 3 of the New York State Environmental Conservation Law (NYSECL); and WHEREAS, the Town of Wappinger is a Public Body within the meaning of Article 49, Town of Wappinger Page 13 Printed 3/3/2010 Town Board Meeting Minutes February 22, 2010 IX. Title 3 of NYSECL, and is qualified to hold a Conservation Easement under Article 49, Title 3. 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 determines that it is in the best interest of the residents of the Town of Wappinger to accept the Conservation Easement to be granted by Phantom Hollow Equities, Inc. on properties bearing tax grid identifying numbers 135689-6257-03-267342-0000, 135689-6257-03-206277-0000 and 135689-6257- 03-071167-0000 pursuant to Article 49, Title 3 of the NYSECL. 3. The Town Supervisor, Christopher J. Colsey, is hereby authorized to execute the Conservation Easement in substantially the same form as attached hereto. 4. The Town Supervisor, Christopher J. Colsey, and the Attorney to the Town, Albert P. Roberts, are further authorized and directed to undertake such acts as are necessary to implement the provisions of this Resolution and to record the Conservation Easement in the Dutchess County Clerk's Office and to execute any and all documents necessary for such recording. The foregoing was put to a vote which resulted as follows: ✓ Vote Record'- Resolution RES -2010-114 0 Adopted - _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter a ❑ ❑ ❑ ❑ Defeated William Beale Voter a ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ p ❑ Withdrawn Ismay Czamiecki Initiator a ❑ ❑ p Joseph Paoloni Voter 0 ❑ ❑ p Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. New Business Councilman Beale New Business Councilman Beale noted that the Town Board normally adjusts the Town Board Meeting schedule to permit Board Members to attend the Greater Southern Dutchess Chamber of Commerce 40 Under 40 Awards Dinner. He is asking that the Town Board again consider doing this. The Meeting would need to be changed from March 8th, 2010, to March 10th, 2010. Councilman Paoloni made a motion to add a motion for this to the Agenda. The motion was seconded by Councilwoman Czarniecki and passed unanimously. Councilman Beale clarified that this motion should be "to move the next regular Meeting of the Town of Wappinger Town Board from March 8th at 7:00 PM to March 10th, which is the Wednesday, at 7:00 PM. The Motion was moved by Councilman Beale, seconded by Councilwoman Czarniecki and passed unanimously. Motion To: add a motion to change the March 8th Meeting date to March 10th RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Motion To: move the next regular Meeting of the Town of Wappinger Town Board from March 8th at 7:00 PM to March 10th, which is the Wednesday, at 7:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Councilman Beale New Business cont'd Councilman Beale spoke with Gary Trudell, of the Recreation Committee, before the Meeting. Mr. Trudell noted that the Randolph School is interested in using Carnwath Farms for Town of Wappinger Page 14 Printed 3/3/2010 Town Board Meeting Minutes February 22, 2010 a dance. They would like to use the Chapel. Mrrud0e101 describethe event. The d on about the event ed date for this event is March 7th, from 4:00 PM until followed. Mr. Trudell will be onsite for this event. . g the Town's tow Councilman Beale then discussed terfrom a resident what the best way to enforce the truck Local Law. He asked the Town Attorney, Al Roberts, Local Law would be. Mr. Roberts described how the law would be enforced at the scene. Discussion followed. Councilman Paoloni New Business r an update on the Carnwath Fuel Tank discussion from the Councilman Paoloni asked fo y of the tank pron En it, ay pagginformation that he Discussion about the from previous Meeting. He gave a histor ,, former Supervisor Ruggiero and the former Tow Eng neer, followed. Graham Foster, Highway Superintendent, asked what the license document shows as current tanks for the facility. That document is supposed to commendations forchanges b Ce posted at the site. ouncilman Paoloni then made reo the process of reviewing the vouchers. He described a report that could be generated expenses. Supervisorinformation Colsey noted that two that would help Board Members oversee departmental p Board Members had stated that they would sit down with the Town Accountant, Fredrick through. Discuss on to evaluate the process and neither of those Board Members have followed followed. Councilman Beale New Business cont'd Councilman Beale noted the of the Resolutions e nding the Association of Towns Conference. He summarized somethat were voted on at the Conference. He and Councilman Paoloni went on to discuss certain classes that they attended. X. Comprehensive Plan Workshop Supervisor Colsey opened the discussion at 8:20 PM. He asked Ron Lafko to join the Board. David Stolman, Town Planner, was present to give an update on the Comprehensive Plan. He began with a review of a memo from February 22nd and what was covered at the last Meeting. The items left outstanding were senior housing, affordable housing and senior - affordable housingand a request from Herb and Frank Redl for a rezone from HO to HB. ,., Councilman Bettina brought up the tdea for Assessory Units. He would like o be he Board did not object to this addition. tMrhis tStolman incorporated into the Master Plan. T continued with his presentation. n explanation of the term "density bonus". Mr. Councilwoman Czarniecki asked for a Stolman gave an explanation. Mr. Stolman then discussed the Redl rezone. He compared the HO, HB and HD zones. The applicant has requested a change to HB and will be given HD instead. The last item Mr. Stolman discussed was the Morgan Court Subdivision. This is a built - out subdivision and is proposed to be rezoned to R-80. It is currently R-20. Mr. Stolman recommended looking more closely at the subdivision to see if anything is "resubdividable". He would make a new presentation at the next Town Board Meeting. Mr. Stolman then discussed what remains to be done with the Comprehensive Plan and whether the Town Board should be considering another Public Hearing. The Board will proceed on the assumption that a Public Hearing will be required. They will work the schedule for adoption around that. Discussion followed. Supervisor Colsey closed the discussion at 8:59 PM. XI. Executive Session Motion To: go into Executive Session ...................... _ _. ...... ................. ......._.....__....._......._ .................. �.. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni A. Employee Reorganization/Civil Service Determination Page 15 Printed 3/3/2010 Town of Wappinger Town Board Meeting Minutes February 22, 2010 Motion To: come out of Executive Session _.....__....... ....._...... RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni XII. Town Board Review of Vouchers RESOLUTION: 2010-107 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: Claim Packet: 2009MMM Vendor Central Hudson A B $Y86.88 DB HGC HTB Central Hudson $30.03 T92 Central Hudson $60.06 Central Hudson $221.15 Central Hudson Home Depot $406.20 Bottini Fuel $534.53 Bottini Fuel $858.85 Village of Wapp $74.55 Morris Associates Home Depot Morris Associates $5,747.82 $812.00 $3,496.40 $299.00 $464.00 Morris Associates Bottini Fuel Morris Associates $414.00 Totals $8,220.07 $812.00 $878.00 $32496.40 $299.00 Vendor SI SR SV T92 Central Hudson Central Hudson Central Hudson Central Hudson Home Depot Bottini Fuel Bottini Fuel Village of Wapp Morris Associates $2,053.80 Morris Associates $197.17 $197.17 $800.16 Morris Associates $1,120.00 Morris Associates Totals $197.17 11$197.17 $800.16 $3,173.80 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority the Town Board at the public meeting of February 22, 2010, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. Town of Wappinger Page 16 Printed 3/3/2010 9 February 22, 2010 Minutes Town Board Meeung S put to a vote which resulted as follows: The foregoing w REs-2010-107 LC LD Yes/Aye No/❑Nay Abstain ❑ Absent I Vote Record - Resolation $2,797.49 $2,523.13 0 $131,788.14 $31,454.43 O p Adopted Christopher Colsey Voter Seconder NYComCo 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale _ Voter NYComCo ❑ ❑ Southern Dutchess News ❑ Defeated Vincent Bettina Initiator 0 0 ❑ ❑ Tabled Ismay Czamiecki Voter ❑ James Baisley ❑ Withdrawn Jos h Paoloni $49.26 $559.47 NOCO Energy Communication Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-108 n Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Resolutto Town Board claims have been duly audited and allowed by the Town d and direrd of the cted to pay to ea and Y h of The following you are hereby authorize Wappinger, New York (the "Town"), claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2010F LC LD LH T92 A AM B DB HGC Vendor $2,797.49 $2,523.13 Central Hudson $131,788.14 $31,454.43 Marshall/Sterling $498.00 NYComCo $427.00 $1,340.00 NYComCo $55.10 Poughkeepsie Journal NYComCo $54.97 Southern Dutchess News $22.57 Poughkeepsie Journal Frontier Communication Southern Dutchess News $860.00 James Baisley Frontier Coffee Systems $49.26 $559.47 NOCO Energy Communication $51.00 Hillman Signs James Baisley Lowe's $49.40 $17.52 $105.33 Staples Staples $31.49 Staples Wells Fargo Financial $49.49 $369.53 $373.56 WFBPA $75.00 $87.50 George Kolb Transcare $32,916.66 ASCAP $127.08 R Costa $891.20 R Costa $323.10 Joe DeRosa Jr Morris Associates $139.99 $2,869.00 $290.00 $392.00 $3,837.30 Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt $125.00 Pattern For Progress $30.00 Perfect Comfort $370.00 Delta Dental $2,679.04 $685.41 Totals $139,859.24 $32,916.66 1 $5,521.93 $34,656.90 $3,837.30 Vendor LC LD LH T92 WU Central Hudson $79.26 $876.14 $2,523.13 Marshall/Sterling NYComCo NYComCo Poughkeepsie Journal Southern Dutchess News Frontier Communication James Baisley Town of Wappinger Page 17 Printed 3/3/2010 Town Board Meeting Coffee Systems N'Co Energy Hillman Signs Lowe's Staples Staples Staples Wells Fargo Financial WFBPA George Kolb Transcare ASCAP R Costa R Costa Joe DeRosa Jr Morris Associates Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt 'attern For Progress :Iertect Comfort )elta Dental Totals Minutes r_ $2,967.20 $850.00 $25.00 26 1 $876.14$2,523.13$3,842.20 $97.62 97.621 cuI udry [C, 1U10 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certieting of February er s fy that the voucher listed above were audited by a majority the Town Board at the public me 2010, and allowed to the claimants the amount opposite his/her 22, name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: RESOLUTION: 2010-109 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: Claim Packet: 201ONNN Vendor ..wv.u...v.. naa-culu-lua DB HGC WU T92 Al Roberts R1 as Amended Christopher Colsey Voter Yes/Aye 21 No/Nay Abstain Absent FEIDefeated William Beale Initiator 0 (]� ❑ ❑ 0 Clark Patterson Lee Vincent Bettina Voter a ❑ ❑ wn Ismay Czamiecki Seconder _ p p $570.12 Jose h Paoloni Voter ❑ p $42,679.69 0 $3,312.50 Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-109 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: Claim Packet: 201ONNN Vendor B DB HGC WU T92 Al Roberts $33.00 Arkel Motors $40.45 Clark Patterson Lee $562.50 Clark Patterson Lee $3,312.50 Air Flow $42,679.69 Aramark $570.12 Totals $1,132.62 $40.45 $42,679.69 $33.00 $3,312.50 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority the Town Board at the public meeting of February 22, 2010, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. Town of Wappinger Page 18 Printed 3/3/2010 Town Board Meeting; Minutes February 22, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-109 A B CB DB HGC HRS CAMO Pollution $520.00 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 10 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 9 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ 21 ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-110 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: Claim Packet: 2009G Vendor A B CB DB HGC HRS CAMO Pollution $520.00 CAMO Pollution $620.00 DC Office of Aging $11,116.56 Royal Carting $12,760.26 Signal Graphics $59.15 James Baisley $300.00 Al Roberts $7,064.95 $1,715.50 $66.00 $5,359.50 $49.50 $99.00 Al Roberts $264.00 Al Roberts $1,386.00 Al Roberts $1,139.60 Al Roberts $33.00 Al Roberts $132.00 $3,655.50 $132.00 Stephen Churchill $85.00 Lowe's $54.97 Zee Medical $63.21 Vantage Equipment $130.52 Empire Zone $19,500.00 D & D Doors $190.00 WB Mason $599.00 WB Mason $33.49 R Costa $6,520.00 Hannaford $11.48 Rhonda Daeumer $30.00 Nicole Gallaher $25.00 Central Hudson $71.03 Verizon $26.27 MVP Gold $2,477.80 $247.78 MVP Gold $2,477.80 $247.78 Verizon Wireless $264.07 $743.84 Great American $563.07 Leasing Totals $46,934.11 $23,230.94 $66.00 $1,011.08 1 $49.50 1 $99.00 Vendor SI SR SV T92 T96 Wu CAMO Pollution CAMO Pollution DC Office of Aging Royal Carting Signal Graphics James Baisley Al Roberts $211.47 $211.47 $376.47 $5,359.50 Al Roberts $264.00 Al Roberts Al Roberts Al Roberts $33.00 Al Roberts $3,655.50 $132.00 Stephen Churchill Lowe's Town of Wappinger Page 19 Printed 31312010 Town Board Meeting Minutes February 22, 2010 Zee Medical Vantage Equipment Empire Zone D&DDoors WB Mason WB Mason R Costa Hannaford Rhonda Daeumer Nicole Gallaher Central Hudson Verizon MVP Gold MVP Gold Verizon Wireless Great American Totals 1 $211.47 1 $211.47 1 $640.47 1 $9,015.00 1 $132.00 1 $33.00 1 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of February 22, 2010, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-110 DB T92 Frederick Clark Dan Bar $80.00 $456.00 Totals $80.00 $456.00 Yes/Aye No/Nay Abstain Absent El Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended A William Beale Initiator a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder a ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter a ❑ ___ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ 0 ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-111 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: Claim Packet: 2009000 Vendor DB T92 Frederick Clark Dan Bar $80.00 $456.00 Totals $80.00 $456.00 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of February 22, 2010, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. Town of Wappinger Page 20 Printed 31312010 Town Board Meeting Minutes February 22, 2010 The foregoing was put to a vote which resulted as follows: 0 - Vote Record - Resolution RES -2010-111 DB HGC T92 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ -- ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ 0 ❑ Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-112 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: Claim Packet: 2010H Vendor A B Central Hudson $3,399.57 DB HGC T92 Central Hudson $2,907.36 Empire $2,932.36 $2,176.60 $5,827.55 Home Depot $26.98 Sir Speedy $3,377.94 Sedore & Company $2,356.00 $14.47 $372.95 Carquest Frederick Clark $8,074.29 $15,160.10 Frederick Clark $532.32 Arkel Motors $1,105.02 Keil Equipment $67.69 Hudson River Truck/Trailer Workplace $690.00 $810.00 Sal Morello $64.79 $72'89 Telvent DTN Cablevision $274.65 Van Kleeck's Tire $613.56 Kay Von Reyn $40.88 Toshiba $476.71 WB Mason $379.99 WB Mason $5.95 WB Mason $116.97 $240.00 Don Kortright $7 $5'98 Auto Zone .98 $56,090.85 Air Flow $2,098.69 Wilson Oil Expert Roofing $150.00 Expert Roofing $800.00 $17,929.41 $10,957.64 $11,133.09 $56,090.85 $15,160.10 Totals I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed 22, 2010, and above were audited by a majority of the Town Board at the public meeting The Town Supervisor of February is hereby authorized to allowed to the claimants the amount opposite his/her name. submit such claims to the Accounting Department for payment. Page 21 Printed 3/3/2010 Town of Wappinger Town Board Meeting Minutes February 22, 2010 The foregoing was put to a vote which resulted as follows: XIII. Vote Record =Resolution RES -2010-112 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ p ❑ Defeated William Beale Voter p ❑ ❑ ❑ Tabled Vincent Bettina Voter a ❑ ❑ ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ Jose h Paoloni Seconder ❑ ❑ p p Dated: Wappingers Falls, New York February 22, 2010 The Resolution is hereby duly declared adopted. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni The meeting adjourned at 9:49 PM. ohn C. asterson Town Clerk Town of Wappinger Page 22 Printed 3/3/2010