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2010-03-10 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Wednesday, March 10, 2010 6:00 PM Town Hall 6:00 PM Meeting called to order on March 10, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Salute to the Flag III. Executive Session A. Interview of CAC, Legislative Aide and Historian Candidates B. Review of Civil Service Qualified List (Supervisor of Buildings & Grounds) IV. Adoption of Agenda V. Public Portion VI. Minutes Approval Monday, February 22, 2010 VII. Correspondence Log 2010-115. Resolution Authorizing the Acceptance of the Correspondence Log VIII. Discussions A. Board Attendance Policy - Colsey B. Update on Carnwath Swimming Pool - Colsey/Gray C. State of Emergency Review - Beale/Colsey D. Town Storm Cleanup - Colsey/Beale E. Comprehensive Plan Timeline - Colsey/Stolman IX. 2010 Town Supervisor Appointments X. Resolutions 2010-97. Resolution Appointing Members to the Town of Wappinger Conservation Advisory Council 2010-116. Resolution Appointing Chairperson of the Town of Wappinger Conservation Advisory Council 2010-117. Resolution Authorizing Acceptance of a Conservation Easement in Connection with the DCH Auto Group Service Center and Showroom Site Development Plan, Special Use Permit and Wetlands Permit Approvals 2010-118. Resolution Setting Attendance Standards for Town of Wappinger Appointed Board and Committee Members 2010-119. Resolution Approving Swanson Consulting Inc. as an Approved Electrical Inspector 2010-120. Resolution Authorizing Execution of Dog Control Housing Agreement with Dutchess County SPCA 2010-121. Resolution Authorizing a Village of Wappingers Falls' Water Line to Cross a Town Owned Easement XI. Items for Special Consideration XII. New Business XIII. Town Board Review of Vouchers 2010-122. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-123. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIV. Adjournment Town of Wappinger Page I Printed 31512010 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes — Chris Masterson 845-297-5771 Wednesday, March 10, 2010 6:00 PM Town Hall I. Call to Order Supervisor Christopher Colsey called the meeting to order at 6:05 PM. Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Late 7:20 PM Ismay Czarniecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Late 7:37 PM David Stolman Town of Wappinger Town Planner Present Al Roberts Town of Wappinger Town Attorney Present Graham Foster Town of Wappinger Highway Superintendent Present Bob Gray Town of Wappinger Engineer to the Town Present Supervisor Colsey Statement Supervisor Colsey noted that Councilman Paoloni would be at the Meeting, but would be late. II. Salute to the Flag III. Adoption of Agenda Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki ABSENT: Vincent Bettina, Joseph Paoloni IV. Public Portion Motion To: open the floor RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki ABSENT: Vincent Bettina, Joseph Paoloni Public Comments A resident asked if the Town will be doing anything about the tree limbs and branches f that have been downed due to the storm. Supervisor Colsey replied that the Board would be discussing that publicly later on in the Meeting. Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki ABSENT: Vincent Bettina, Joseph Paoloni Town of Wappinger Page I Printed 3/17/2010 Town Board Meeting Minutes March 10, 2010 V. VI. Minutes Approval Monday, February 22, 2010 ✓ Vote Record' -'Acceptance of Minutes for February 22,'20107:00 PM ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki Yes/Aye No/Nay Abstain Absent Abstain Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Ismay Czarniecki Joseph Paoloni Voter ❑ ❑ ❑ 0 Correspondence Log RESOLUTION: 2010-115 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 -2010-115 ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki ABSENT: Vincent Bettina, Joseph Paoloni 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 Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York March 10, 2010 The Resolution is hereby duly declared adopted. VII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki ABSENT: Vincent Bettina, Joseph Paoloni A. Interview of CAC, Legislative Aide and Historian Candidates B. Review of Civil Service Qualified List (Supervisor of Buildings & Grounds) Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni VIII. Discussions A. Board Attendance Policy - Colsey Supervisor Colsey opened the discussion at 6:58 PM. He explained that the Town of Wappinger does not have an attendance policy for any of its boards. He is proposing that any member that annually does not make 70% of the meetings or misses 5 consecutive meetings without excuse will be removed from the board. He is including the Planning Board, Board of Assessment Review, Zoning Board and CAC, but not the Town Board. Councilman Bettina commented that he would like the Resolution written to include medical, employment or family Town of Wappinger Page 2 Printed 3117/2010 Town Board Meeting Minutes March 10, 2010 issues as valid excuses. He doesn't think that the members should be held accountable for those excused absences. He also does not feel that the decision should be retroactive. He feels that it should apply only to the new appointments. Councilman Beale noted that the Resolution, as written, permits someone to miss 7 meetings in a year or 5 consecutive meetings. He would like the 70% requirement to be adjusted to require a higher attendance. Supervisor Colsey explained that he used the 70% attendance number because the passing grade for a Civil Service exam is 70%. Councilwoman Czarniecki noted that there are some people appointed to Boards that proceed to schedule their vacation in a way that causes them to miss consecutive meetings. Discussion followed. Supervisor Colsey closed the discussion at 7:05 PM. B. Update on Carnwath Swimming Pool - Colsey/Gray Supervisor Colsey opened the discussion at 7:05 PM. Bob Gray, Engineer to the town, updated the Board on the different options that could be done with the swimming pool at Carnwath. The first option is to fill the pool with soil. This would involve drilling a hole in the pool allowing the water to drain out, filling with top soil, compacting and seeding. If at some point the pool was to be restored, the dirt would be dug out. Option two would be to build a hard deck roof over the existing pool, flush with the deck. He presented the Board with material list for the option of a truss system that would span the width of the pool. The maximum cost would be $20,000.00. Option three would be to restore the pool. A local pool company came out to look at the pool. The pool would have to be brought up to Department of Health regulations. Mr. Gray summarized the updates that would be needed. The estimated cost to bring the pool up to working order would be approximately $200,000. Councilwoman Czarniecki asked how much it would cost to fill in the pool. Graham Foster, Highway superintendent, responded that he could drill the holes and he has the dirt. Councilman Beale asked about the condition of the fence that goes around the pool. Mr. Gray responded that the fence is not in very good condition. If the Board decides to install a roof over the pool or to fill it in, there really isn't any need for a fence. Councilman Beale stated that he won't vote to spend any significant money on this. He supports making sure the fence is intact and posting a "Do Not Enter" sign that costs $4.00. Discussion followed. Councilwoman Czarniecki supports filling the pool in because it reserves the right to come back and use the pool at some later time. Supervisor Colsey asked the Board's opinion on using the pool for other activities now that they have heard the cost to bring it up to working condition. Councilman Beale feels that the pool should be filled in if that is what the insurance company requires. He does not see the Town rebuilding a swimming pool that doesn't meet any standards on that property. Councilman Bettina agrees. Councilwoman Czamiecki is in favor of filling in the pool. Gary Trudell agrees that the pool should be filled in. Supervisor Colsey closed the discussion at 7:14 PM. C. State of Emergency Review - Beale/Colsey Supervisor Colsey opened the discussion at 7:14 PM. He first noted that a resident had sent in a letter thanking George Silvestri, Deputy Highway Superintendent, for his work during the recent snowstorm. Councilman Beale then gave a chronological review of the recent State of Emergency for the Town of Wappinger. He also summarized the volume of emergency calls that were handled. Discussion followed. At 7:29, the Board moved on to the next discussion item. D. Town Storm Cleanup - Colsey/Beale This discussion item opened at 7:29 PM. Graham Foster, Town Highway Superintendent, noted that the Town has been doing bulk pick-up for 20 years and has had the Recycle Center open for about 10 years. He has provided the Board with photos of the current condition of the Town due to the recent snowstorm. He recommends that the Town forego the bulk pick-up this year and instead do a brush pick-up. Councilman Beale asked what was going to be done with the brush. Mr. Foster replied that they do not chip on the premises. Instead, they will pick the brush up, bring it to the recycle center and chip it there. He has submitted a purchase order for an attachment for the backhoe. The residents will have to get the branches to the side of the roads, but the branches can be no longer than 10 feet long. Supervisor Colsey noted that the attachment that Graham is requesting would be useful in the bulk pick-up and will save man hours. Councilman Beale and Councilman Bettina pointed out that residents may have a problem with dragging tree limbs out to the road from their backyards. Mr. Foster advised against having his staff go onto residents' properties. Supervisor Colsey added that the Town does not need that liability. He went on to ask how the Board would like to inform the residents about the changes with bulk pick-up. Councilman Bettina suggested that the Board use a "robo-call" to inform the residents of the pick-up. Councilwomen Czarniecki suggested forgoing the expense of a "robo-call" and to put up bright signs throughout the Town, post a notice on the website and publish a legal notice. Councilman Beale suggested that the Board first publish a notice in the paper. That should be Town of Wappinger Page 3 Printed 311712010 Town Board Meeting Minutes March 10, 2010 followed by a notice on the web site and a bright colored post card. A resident named Ed Donoghue asked if there would be funding for damages to residential property. Supervisor Colsey answered that there would not be any money for private property. The next resident, Diane Pappas, asked how residents are to get the brush from the backyard to the front. Supervisor Colsey replied that that would be up to the residents. The next resident, Chris Hunt, suggested that the Highway Department chip the brush at the roadside. He feels it would be faster. Mr. Foster replied that it would take longer that way. The next resident, June Weyant, asked for a timeline for the pick-up. Supervisor Colsey and Mr. Foster discuss the timeline. Ralph Holt, Recreation Liaison, asked if it would make sense to have a staging area in some of the parks so that the Highway trucks could keep moving. Mr. Foster replied that that would be "double handling". He may be calling on Mr. Holt if he runs out of space though. Supervisor Colsey closed the discussion at 7:44 PM. E. Comprehensive Plan Timeline - Colsey/Stolman Supervisor Colsey opened the discussion at 7:44 PM. David Stolman, Town Planner, distributed a schedule for the completion of the comprehensive plan to the Town Board. He gave a summary of the schedule. The goal is to finish the draft plan, then finish the Comprehensive Plan by the end of May. They would then finish the zoning map changes by the second half of June. He discussed the HO zone along Route 9 that is now being changed to the HD zone. He also discussed the recommendation of Graham Foster, Highway Superintendent, to not rezone Morgan Court from R20 to R80. He agreed with the recommendation because a rezone would render certain lots nonconforming in that subdivision. He suggested leaving the lots on the easterly side of St. Nicholas Rd at R40 and rezoning Morgan Court subdivision to R40. Supervisor Colsey asked if there was the ability to subdivide under the R20 zoning. Mr. Stolman felt that there is that potential. That is why is recommends a rezone to R40. As R40, the ability to subdivide is very limited. Discussion followed. Supervisor Colsey closed the discussion at 7:52 PM. IX. 2010 Town Supervisor Appointments Supervisor Colsey opened the discussion at 7:52 PM. He summarized certain committees that he is establishing and others that he is disbanding. Councilwoman Czarniecki is being appointed to a Personnel Committee. Supervisor Colsey described the duties of the Personnel Committee. Councilwoman Czarniecki will also serve as a liaison for the Highway Labor Management Committee. Supervisor Colsey then mentioned a Community Development Block Grant that has been awarded to the Town. He is appointing Ralph Holt to chair a committee for this grant. He is also appointing Donna Bolner, County Legislator, Robert Wilson, Little League President, John Donovan, Little League maintenance director and Bettina Briccetti to this committee. Supervisor Colsey then asked Councilman Beale to oversee the Disaster Committee and oversee the update of relevant information. Supervisor Colsey also asked Councilman Beale to sit on the Regional Hazard Mitigation Committee that John Hickman, Supervisor of East Fishkill, has started. Supervisor Colsey then stated that the Recycle Center Committee and the Sewer/Water Committees are being discontinued because they have been dormant. Supervisor Colsey closed the discussion at 7:55 PM. X. Resolutions 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: Town of Wappinger Page 4 Printed 3/17/2010 Town Board Meeting Minutes March 10, 2010 1) Michael J. Leonard 2) Ronald Lafko 3) Barbara A. Jensen-Lafko 4) Michael A. McFarland 5) Roger G. Humeston, Jr. 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 ❑ ❑ ❑ 0 Adopted as Amended William Beale Voter D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator a ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder a ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-116 Resolution Appointing Chairperson of the Town of Wappinger Conservation Advisory Council WHEREAS, the Town Board has appointed five (5) members to fulfill the vacancies for the Town of Wappinger Conservation Advisory Council in accordance with Town Code § 9.3 (Membership); and, WHEREAS, in accordance with Town Code § 9.4 (Officers, Meetings and Committees), the Town Board hereby appoints Michael J. Leonard as Chairperson of the Town of Wappinger Conservation Advisory Council. BE IT RESOLVED, that Mike Leonard is hereby appointed as Chairperson of the Town of Wappinger Conservation Advisory Council for 2010. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-116 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter ❑ ❑ ❑ El Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator a ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter a ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-117 Resolution Authorizing Acceptance of a Conservation Easement in Connection with the DCH Auto Group Service Center and Showroom Site Development Plan, Special Use Permit and Wetlands Permit Approvals WHEREAS, DCH Investments, Inc., Greer Nine Realty Group and Schunzel, Inc. (hereinafter the "Applicants") are the owners in fee of real property located in the Town of g' Wappinger, Dutchess County, State of New York, and more particularly described as four parcels of land located along the west side of Old Route 9 and along Route 9 and identified as tax lots 6157-02-558657, 6157-02-553706, 6157-02-585606 and 6157-02-589645; and WHEREAS, the Applicants have received Site Development Plan, Special Use Permit and Wetlands Permit Approvals from the Town of Wappinger Planning Board, by Resolution dated March 16, 2009; and WHEREAS, one of the conditions of the Resolution of Approval is that the Applicants are required to grant to the Town a Conservation Easement for the protection of open space wetlands; and WHEREAS, the Applicants desire to declare, create and convey to the Town a Conservation Easement placing certain limitations and affirmative obligations on the protected Town of Wappinger Page 5 Printed 311712010 Town Board Meeting Minutes March 10, 2010 property for the protection of open space wetlands in order that the protected property shall remain substantially in its natural condition, in perpetuity; and WHEREAS, the Town is a "Public Body" within the meaning of Article 49, Title 3 of the Environmental Conservation Law and is qualified to hold a Conservation Easement under Article 49, Title 3; and WHEREAS, both the Applicants and the Town desire to preserve the character of the protected property in perpetuity by entering into a Conservation Easement pursuant to the provisions of Article 49, Title 3 of the Conservation Law. 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 preserve the open space wetlands condition of the property by entering into a Conservation Easement pursuant to Article 49, Title 3 of the Conservation Law. 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, 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 -2010-117 ADOPTED 13 TO 21 MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki NAYS: Vincent Bettina, Joseph Paoloni Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 13 ❑ ❑ deated Vincent Bettina Voter D ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Seconder D ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10, 2010 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2010-118 to increase to 80% RESULT: ADOPTED 13 TO 21 MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki NAYS: Vincent Bettina, Joseph Paoloni RESOLUTION: 2010-118 Resolution Setting Attendance Standards for Town of Wappinger Appointed Board and Committee Members WHEREAS the Town Board appoints members to the Planning Board, the Zoning Board of Appeals, the Conservation Advisory Council and the Recreation Committee; and WHEREAS the attendance of such duly -appointed Board and Committee members is vital to the efficiency and functionality of each body; and WHEREAS excessive member absenteeism may impose unnecessary expense and hardship on the residents of the Town and impedes the ability of the respective Boards and Committees to function; and WHEREAS New York Law authorizes the removal of a member of such Board or Committee members for cause and following public hearing; and WHEREAS persistent absenteeism of members of the named Boards and Committees from regular meetings might constitute neglect of duty or cause for removal, depending on all relevant circumstances; and WHEREAS the Town Board has deliberated upon the necessity of a policy for such Board and Committee member attendance and absenteeism, and has determined that a minimum threshold of eighty percent (80%) of attendance shall constitute acceptable attendance, with such Town of Wappinger Page 6 Printed 3/1712010 Town Board Meeting Minutes March 10, 2010 attendance being determined utilizing the member's attendance during the prior twelve months at all duly -noticed and held meetings of the Board or Committee; and WHEREAS, the Town Board has determined that annual attendance at less than eighty percent (80%) of all duly -held meetings, or absence from five (5) consecutive meetings, without an approved leave of absence for a cause deemed acceptable by the Town Board, shall be defined as "persistent absenteeism" for the purpose of considering the removal of a Board or Committee member, 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 adopt a policy defining "persistent absenteeism" from a named Board or Committee, and that a finding of such "persistent absenteeism" by a member shall be sufficient cause to remove said member from such Board or Commission following a public hearing. 3. That "persistent absenteeism" shall be defined as either (1) annual attendance at less than eighty percent (80%) of all duly -held meetings, or (2) absence from five (5) consecutive meetings, without an approved leave of absence for a cause deemed acceptable by the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-118 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator El ❑ ❑ ❑ 0 Tabled Ismay Czamiecki Seconder El ❑ 11 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10, 2010 The Resolution is hereby tabled. RESOLUTION: 2010-119 Resolution Approving Swanson Consulting Inc. as an Approved Electrical Inspector WHEREAS, Chapter 114 of the Town Code of the Town of Wappinger requires all electrical installations to be in conformity with the National Electrical Code and the New York State Uniform Code; and WHEREAS, Section 114-4. permits the Town Board to authorize and approve qualified electrical inspection agencies to make inspections, re -inspections, and to approve or disapprove any electrical installations within the Town of Wappinger to insure compliance with the National Electrical Code and the New York State Uniform Code; and WHEREAS, Swanson Consulting Inc., with an address of P.O. Box 395, Salisbury Mills, New York, 12577, has requested to be an approved electrical inspection agency for the Town of Wappinger; and WHEREAS, George A. Kolb, Code Enforcement Officer for the Town of Wappinger, has reviewed the qualifications of Swanson Consulting Inc. to act as an electrical inspector for the Town of Wappinger, and said George A. Kolb has determined that the aforesaid organization meets all criteria required by the National Electrical Code to qualify as an electrical inspection agency; and WHEREAS, George A. Kolb has recommended that Swanson Consulting Inc. be approved to provide professional ministerial electrical inspection services for all electrical installations within the Town of Wappinger, to assure compliance with the National Electrical Code and the New York State Uniform Code. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Swanson Consulting Inc., with an address of P.O. Box 395, Salisbury Mills, New York, 12577, is hereby approved as a qualified electrical inspector for the Town of Wappinger and is authorized to provide ministerial electrical inspection services for all electrical installations within the Town of Wappinger, to insure compliance with the National Electrical Code and the New York State Uniform Code. Town of Wappinger Page 7 Printed 3/17/2010 Town Board Meeting Minutes March 10, 2010 3. Swanson Consulting Inc. is further appointed as an agent of the Town of Wappinger to make electrical inspections and any necessary re -inspections of all electrical installations made in the Town of Wappinger, in accordance with Chapter 114 of the Code of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-119 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter Christopher Colsey ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ _ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-120 Resolution Authorizing Execution of Dog Control Housing Agreement with Dutchess County SPCA WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law § 118; and WHEREAS, pursuant to Agriculture and Markets Law § 118 (3), dogs seized by the Town Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period; and WHEREAS, the Dutchess County Society for the Prevention of Cruelty to Animals (hereinafter DCSPCA) maintains a kennel for boarding of dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York, 12538; and WHEREAS, in accordance with Agriculture and Markets Law § 115 (2), the Town Board wishes to contract with DCSPCA to provide shelter for dogs seized by the Town Dog Control Officer; and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with DCSPCA to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, DCSPCA has presented to the Town a Dog Control Housing Agreement, executed by DCSPCA, a copy of which is annexed hereto; and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above described. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby approves the Dog Control Housing Agreement, in the form annexed hereto, and authorizes and directs the Supervisor to execute the Agreement by and on behalf of the Town of Wappinger. 3. The Town Clerk is hereby directed to forward a fully executed copy of the Agreement to the DCSPCA. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-120 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 1:1 El 11 ❑ Tabled ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Joseph Paolom Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 8 Printed 3/1712010 Town Board Meeting Minutes March 10, 2010 RESOLUTION: 2010-121 Resolution Authorizing a Village of Wappingers Falls' Water Line to Cross a Town Owned Easement WHEREAS, WAPPINGER SHOPPING CENTER, LLC is the owner of a certain parcel of land located in the Town of Wappinger, County of Dutchess, State of New York, identified by Tax Grid No. 135689-6157-02-653974, and more particularly described in a certain deed recorded in the office of the Dutchess County Clerk at Document No.02-2003-8783, (hereinafter the "Premises"); and WHEREAS, by grant of easement from Wappinger Associates, LLC, a prior owner of the property, the Town of Wappinger acquired an easement over the Premises for the purposes of constructing, operating, maintaining, repairing, reconstructing, replacing and inspecting, pipes, conduits and related appurtenances for the transportation and disposal of surface, storm or ground water, and/or sewage, and/or potable water; and WHEREAS, said easement is recorded in the Office of the Dutchess County Clerk as Document Number 02-2001-7593 on September 12, 2001; and WHEREAS, the Town of Wappinger has installed a sewer transmission line within the easement; and WHEREAS, the provisions of the easement prohibit any other structures or underground pipes to be located within the easement area without the consent of the Town of Wappinger; and WHEREAS, the Village of Wappingers Falls and the owner of the Premises have requested that the Town consent to the installation of a potable water line which will cross into and through the easement and under the sewer transmission line located in the aforementioned easement; and WHEREAS, the proposal to permit the Village of Wappingers Falls water line to cross through the Town sewer easement has been reviewed and approved by Robert J. Gray, P.E., Engineer to the Town. 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 and permits the owner of the Premises and the Village of Wappingers Falls to locate a water line through the sewer easement owned by the Town of Wappinger as particularly set forth on the attached sketch plan marked and designated as Exhibit "I". 3. The Town Board hereby authorizes Supervisor Christopher J. Colsey to execute any necessary amendments to the sewer easement so as to permit the construction and installation of the water line over and through the subject sewer easement. 4. The Town Board further directs that as a condition to authorize the water line to pass through the sewer easement, the owner of the Premises and the Village of Wappingers Falls will indemnify, save and hold harmless the Town of Wappinger from any damages, claims or liabilities resulting from the installation of the subject water line or its continued use and operation. 5. Any and all legal instruments to be signed by Supervisor Christopher J. Colsey shall be subject to the review and approval of the Engineer to the Town and the Attorney to the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-121 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 Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10, 2010 The Resolution is hereby duly declared adopted. XI. Items for Special Consideration A. Graham Foster Item for Special Consideration Graham Foster, Highway Superintendent, asked the Board to consider the Budget transfer that he has submitted. Without the transfer, Supervisor Colsey will not be able to sign the Town of Wappinger Page 9 Printed 3117/20!0 Town Board Meeting Minutes March 10, 2010 purchase order for the thumb for the backhoe. Councilman Beale made a motion to approve the transfer as per the memo. The motion was seconded by Councilman Bettina. Discussion followed. The motion passed unanimously. Motion To: approve the Highway Budget transfer as per the memo RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czamiecki, Paoloni XII. New Business Councilman Beale New Business Councilman Beale asked Gary Trudell to speak about the Randolph School event that took place at Carnwath. Mr. Trudell explained that the school had a dinner dance and, despite the weather, it went very well. The school has asked to have their spring show at Carnwath on March 25th, from 6:00 PM to 7:30 PM. Supervisor Colsey asked the Board if there were any objections. There were none. Councilman Beale asked if Gary was going to be attending the event. He responded he would be. Councilman Beale then discussed the recent Cablevision outage of WABC. He received calls from residents asking why channels are being removed when the Town has a franchise agreement with Cablevision. He knows there are requirements that Cablevision has to comply with when a channel is removed. He questioned whether Cablevision complied. Supervisor Colsey stated that one of the things to do is to notify Town Hall, which they have been doing pretty regularly. Discussion followed. Councilman Beale would like to hear Roger Connor's opinion on this situation. Councilman Bettina also had residents call him. He would like to invite Mr. Connor to come to a Board Meeting as well. Supervisor Colsey clarified that the Town does not have anything to do with setting channels. Councilman Bettina New Business Councilman Bettina claimed that some people asked him why he could not let them into Town Hall. He asked to go on record that he had a key and combination for years and does not have a key now. He asked Supervisor Colsey for a key and combination. Supervisor Colsey replied that he would not like to discuss this request publicly. He did note that he was in Town Hall for five straight days. Councilman Bettina offered to give the Supervisor the names of the residents that claimed that they could not get into Town Hall. He again requested a key and a combination. Councilwoman Czamiecki added that she does not have a key and had no problem getting into the Town Hall. She contacted the Supervisor, who then opened the door for her. In the many hours that she was in Town Hall on Friday, Saturday and Sunday, she did not see that Councilman Bettina tried to get into Town Hall. If he needed to get in, he would have been able to get in. Councilman Bettina then stated that residents called his house to tell him that they could not get into Town Hall. He informed those residents that he could not get out of his property. Councilwoman Czamiecki explained that residents were coming into the Town Hall. Supervisor Colsey explained that he was in the Town Hall for five straight days. Councilman Bettina explained that the point is that there is no reason why the Council Members don't have keys. Supervisor Colsey explained that Councilman Bettina was given a key. Councilman Bettina denied that he was given a key. Supervisor Colsey noted that Councilman Bettina signed for the key. Councilman Bettina then said that he doesn't remember getting a key and would like to see his signature for the key. Discussion followed. Councilman Bettina thanked those that sent cards for the death of his father. Councilman Paoloni New Business Councilman Paoloni noted how easy it was for him to plug in a small generator to power his house. He explained how a resident could take themselves off of the power grid and power their home with a generator when there is an outage. Councilman Beale added that the generator would need to be outside of the house when being used. Graham Foster New Business Graham Forster, Highway Superintendent, asked the Board to sign the voucher that he submitted so that he can pay his credit card. He had to use the credit card to put gas in the Highway trucks during the snow emergency. Town of Wappinger Page 10 Printed 3/17/2010 Town Board Meeting Minutes March 10, 2010 XIII. Town Board Review of Vouchers RESOLUTION: 2010-122 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: 2010J Vendor A B DB T92 WU Central Hudson $584.18 $138,784.53 $532,841.54 N/A $313,863.95 Central Hudson $676.03 $0.00 $159,416.79 N/A $2,265.60 Central Hudson $83.44 $1,164,362.47 $1,970,330.46 N/A $1,266,058.05 Poughkeepsie Journal 84.55% $52.49 78.71% N/A 80.13% Southern Dutchess Nws $ $53.76 $ N/A $1,190,062.32 Home Depot $32.19 (224,459.65) 402,555.89 ❑ ❑ Withdrawn Home Depot $63.97 ❑ ❑ 0 ❑ Home Depot $145.10 DC Sheriff $4,173.49 $17,061.37 Mid Hudson Fasteners $824.31 James Baisley $890.00 James Baisley $510.00 MVP $7,448.87 $2,552.24 $16,065.36 MVP Gold $2,477.80 $247.78 Thompson West $63.00 Hughsonville FD $4,021.50 First Unum Life $243.12 $70.91 $151.95 Kearns Electric $169.45 Dutchess Co Diesels $47.06 Justice Court Fund $26,222.40 Lowe's $34.90 Staples $65.36 $245.43 Staples $65.50 Staples $28.38 Wells Fargo Financial $324.90 Gellert & Klein $3,974.82 Gellert & Klein $472.50 Gellert & Klein $825.00 Gellert & Klein $656.61 Poland Springs $98.25 American Lamp Recyc $720.46 Perfect Comfort $250.00 Amazon $66.16 Wilson Oil $3,393.48 Brooks Real Estate $7,985.90 Totals $47,948.77 $21,088.27 $22,849.55 $12,007.40 $245.43 2010 Adopted Budget $3,489,904.00 $1,303,147.00 $2,503,172.00 N/A $1,579,922.00 YTD Actual Expended $539,140.28 $138,784.53 $532,841.54 N/A $313,863.95 YTD Encumbered $7,682.00 $0.00 $159,416.79 N/A $2,265.60 YTD available budget balance $2,950,763.72 $1,164,362.47 $1,970,330.46 N/A $1,266,058.05 YTD available budget bal % 84.55% 89.35% 78.71% N/A 80.13% Cumm. Fund (deficit) /balance $ $ $ N/A $1,190,062.32 Unrestricted 224,954.56 (224,459.65) 402,555.89 ❑ ❑ Withdrawn As of 2/25/2010 Voter ❑ ❑ 0 ❑ 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 March 10, 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 -2010-122 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ _ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ 0 ❑ Dated: Wappingers Falls, New York March 10, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 11 Printed 311712010 Town Board Meeting Minutes March 10, 2010 RESOLUTION: 2010-123 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: 2010K Vendor A B DB HGC Central Hudson $113.21 $52,925.92 $34,272.25 $99,730.13 Central Hudson $30.09 $0.00 $0.00 $0.00 Signal Graphics $112.99 $586,583.08 $386,543.75 $1,175,547.87 Highland Auto Radiator N/A 91.72% $135.00 92.18% Staples $79.99 $ 168,906.20 $ (40,927.58) $ 811,290.83 Associated Abbey Carpet $675.50 Clark Municipal Equip. Wells Fargo Financial $325.59 $10,205.80 $1,404.29 Duality $2,186.90 $340.00 Morris Associates $2,356.55 $1,334.00 Morris Associates $407.00 $7,788.00 $5,901.10 Clark Municipal Equip. Totals $5,880.82 $2,081.00 $7,923.00 $5,901.10 2010 Adopted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) Unrestricted $3,489,904.00 $600,471.77 $7,682.00 $2,889,432.23 82.79% $ 166,178.28 $1,303,147.00 $140,735.98 $0.00 $1,162,411.02 89.20% $ (226,411.10) $2,503,172.00 $540,372.54 $159,416.79 $1,962,799.46 78.41% $ 390,884.10 $400,000.00 66,270.75 N/A N/A N/A $ 135,681.74 Vendor HTB SI SR SV Central Hudson 268.00 $52,925.92 $34,272.25 $99,730.13 Central Hudson N/A $0.00 $0.00 $0.00 Signal Graphics N/A $586,583.08 $386,543.75 $1,175,547.87 Highland Auto Radiator N/A 91.72% 91.86% 92.18% Staples $ (2,621.11) $ 168,906.20 $ (40,927.58) $ 811,290.83 Associated Abbey Carpet $7,276.80 Clark Municipal Equip. Wells Fargo Financial Totals $10,205.80 $1,404.29 Duality Morris Associates $268.00 Morris Associates $699.67 $699.66 $833.67 Clark Municipal Equip. Totals $268.00 $699.67 $699.66 $833.67 2010 Adopted Budget $90,000.00 $639,509.00 $420,816.00 $1,275,278.00 YTD Actual Expended 268.00 $52,925.92 $34,272.25 $99,730.13 YTD Encumbered N/A $0.00 $0.00 $0.00 YTD available budget balance N/A $586,583.08 $386,543.75 $1,175,547.87 YTD available budget bal % N/A 91.72% 91.86% 92.18% Cumm. Fund balance/(deficit) $ (2,621.11) $ 168,906.20 $ (40,927.58) $ 811,290.83 Unrestricted $7,276.80 Clark Municipal Equip. Vendor T92 WU Central Hudson N/A $348,391.88 Central Hudson N/A $2,265.60 Signal Graphics N/A $1,231,530.12 Highland Auto Radiator N/A 77.95% Staples N/A $1,190,062.32 Associated Abbey Carpet Wells Fargo Financial Duality Morris Associates $2,929.00 $948.20 Morris Associates $7,276.80 Clark Municipal Equip. $456.09 Totals $10,205.80 $1,404.29 2010 Adopted Budget N/A $1,579,922.00 YTD Actual Expended N/A $348,391.88 YTD Encumbered N/A $2,265.60 YTD available budget balance N/A $1,231,530.12 YTD available budget bal % N/A 77.95% Cumm. Fund balance/(deficit) Unrestricted N/A $1,190,062.32 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 March 10, 2010, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is Town of Wappinger Page 12 Printed 3/17/2010 Town Board Meeting Minutes March 10, 2010 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 -2010-123 No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 El ❑ ❑ Adopted as Amended William Beale Initiator a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter a ❑ 11 ❑ Tabled Ismay Czarniecki Seconder El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ 0 ❑ Dated: Wappingers Falls, New York March 10, 2010 XIV. Adjournment RESULT: MOVER: SECONDER: AYES: The Resolution is hereby duly declared adopted. ADOPTED [UNANIMOUS] Ismay Czarniecki, Councilwoman William Beale, Councilman Colsey, Beale, Bettina, Czarniecki, Paoloni The meeting adjourned at 8:40 PM. (- 17�- r A L: Z -�- hn C. Masterson Town Clerk Town of Wappinger Page 13 Printed 3/1712010