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2010-01-25 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Agenda ~ Chris Masterson 845-297-5771 Monday, January 25, 2010 7:00 PM Town Hall 7:00 PM Meeting called to order on January 25, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Public Portion V. Minutes Approval Monday, January 04, 2010 VI. Correspondence Log 2010-57. Resolution Authorizing the Acceptance of the Correspondence Log VII. Discussions A. Association of Town Conference/ Bettina B. 2008 Financial Audit - Sedore & Co./Colsey C. Sewer Consolidation Update -A I Roberts/ Colsey VIII. Resolutions 2010-44. Resolution Appointing Members to the Town of Wappinger Ethics Committee 2010-58. Resolution Authorizing Application with NYS Office of Children and Family Services (OCFS) for 2010 2010-59. Resolution Authorizing the Use of Carnwath Farms in Conjunction with the Greater Southern Dutchess Chamber of Commerce 2010-60. Resolution Authorizing Town of Wappinger Code Enforcement Office Personnel to Attend the Annual Educational Conference in Poughkeepsie, New York 2010-61. Resolution Authorizing the Schedule of Fees for 2010 of Wappinger Zoning Services, Fire Inspection Services, Planning Board and Zoning Board of Appeals Reviews and Code Enforcement 2010-62. Resolution Authorizing the Schedule of Town of Wappinger Recreation and Senior Bus Trip Schedule 2010 2010-63. Resolution Authorizing the Town Supervisor to Execute an Agreement with Dutchess County for Transportation Services for Senior Citizens and Handicapped Individuals (Dial -A -Ride) 2010-64. Resolution Authorizing Settlement of Tax Certiorari - Natures Preserve, LLC 2010-65. Resolution Authorizing Settlement of Tax Certiorari - Nature Preserve, LLC (Old Hopewell Road) 2010-66. Resolution Authorizing Settlement of Tax Certiorari - Brookside Management Corp 2010-67. Resolution Authorizing Settlement of Tax Certiorari - F.P.A. Star, Inc 2010-68. Resolution Accepting Roads, Easements, Utilities and Other Public Improvements Constructed in Connection with the Hilltop Business Park Subdivision Together with Maintenance Agreement Secured by Maintenance Bond IX. Items for Special Consideration X. New Business XI. Executive Session A. Contract Negotiations - Wappingers Gardens XII. Resolutions 2010-69. Resolution Declaring the Town Board's Intent to Serve as Lead Agency for the Wappinger Garden Project XIII. Comprehensive Plan Workshop XIV. Town Board Review of Vouchers 2010-70. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-71. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-72. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Town of Wappinger Page 1 Printed 112112010 Regular Meeting Agenda January 25, 2010 2010-73. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-74. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 and 2010 XV. Adjournment 1 Town of Wappinger Page 2 Printed 112112010 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Chris Masterson 845-297-5771 Monday, January 25, 2010 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present Robert Gray Town of Wappinger Engineer to the Town Present Graham Foster Town of Wappinger Highway Superintendent Present David Stolman Town of Wappinger Town Planner Present II. Salute to the Flag Councilman Beale - Moment of Silence Councilman Beale asked for a moment of silence for those that lost their lives in Haiti. III. Adoption of Agenda Supervisor Colsey Statement Supervisor Colsey asked the Board if the Resolutions for tax certioraris could be moved up in the Agenda. There was no opposition. Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni IV. Public Portion Motion To: open the floor for Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Comments There were no comments from the public on the Agenda items. Motion To: close this portion RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Town of Wappinger Page I Printed 1/29/2010 Regular Meeting Minutes January 25, 2010 V. Minutes Approval Monday, January 04, 2010 ✓ Vote Record - Acceptance of Minutes for January 4 2010 7:00 PM Yes/Aye Yes/Aye No/Nay Abstain Absent Christopher Colsey Ch Christopher Colsey Voter ❑ 13 ❑ ❑ 0 Accepted William Beale Initiator 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Joseph Paoloni Voter 0 ❑ ❑ ❑ VI. Correspondence Log RESOLUTION: 2010-57 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 -2010-57 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Ch Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 21 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 VII. Resolutions The Resolution is hereby duly declared adopted. RESOLUTION: 2010-64 Resolution Authorizing Settlement of Tax Certiorari - Natures Preserve, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding, commenced in 2009, by Nature Preserve, LLC (Berry Lane & Doe Trail), regarding premises located at 2446 Route 9D, Grid #s (see attached list), seeking a reduction in the 2009 tax assessment for the 2009/2010 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2009, as it pertains to Grid Nos.: (see attached list) (51 parcels) Original Total Reduction in Final Total Tax Year Assessment Total Assessment Assessment 2009/2010 2,805,000 1,275,000 1,530,000 (51 x 55,000) (51 x 25,000) (51 x 30,000) BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all actions necessary and appropriate to effectuate the terms of this resolution. Town of Wappinger Page 2 Printed 1/29/2010 Regular Meeting Minutes January 25, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-64 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-65 Resolution Authorizing Settlement of Tax Certiorari - Nature Preserve, LLC (Old Hopewell Road) WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2009, by Nature Preserve, LLC (Old Hopewell Road), regarding premises located at 109 and 111 Old Hopewell Road, Grid #s 6157-01-254619-0000 and 6157- 01-263617-0000, seeking a reduction in the 2009 tax assessment for the 2009-2010 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2009, as it pertains to Grid Nos.: 6157-01-254617-0000 Original Reduction in Final Tax Year Assessment Assessment Assessment 2009/2010 420,400 320,400 100,000 and 6157-01-263617-0000 Original Reduction in Final Tax Year Assessment Assessment Assessment 2009/2010 351,300 251,300 100,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all actions necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-65 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 Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jos h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-67 Resolution Authorizing Settlement of Tax Certiorari - F.P.A. Star, Inc. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2009, by F.P.A. Star, Inc., regarding premises located at 2342 Route 9D, Grid # 6157-01-034604-0000, seeking a reduction in the 2009 tax assessment for the 2009/2010 tax roll;. and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby approve a settlement on behalf of the Town of Wappinger of the tax Town of Wappinger Page 3 Printed 112YIZUI U Regular Meeting Minutes January 25, 2010 review proceeding for the year 2009, as it pertains to Grid No.: 6157-01-034604-0000. Original Reduction in Final Tax Year Assessment Assessment Assessment 2009/2010 150,000 75,000 75,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all actions necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-67 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. VIII. Discussions A. Association of Town Conference/ Bettina Supervisor Colsey opened the discussion at 7:09 PM. Councilman Bettina noted that he was in Manhattan for two nights for last year's Association of Towns conference. He would like the Town Board, Planning Board and Zoning Board of Appeals to be able to spend two nights again. He made a motion to allow the Town Board, Planning Board and Zoning Board members to attend the Annual Association of Towns Conference in New York City, and said members will be limited to two evenings lodging at the Warwick Hotel, on Sunday, February the 14th, and Monday evening, February the 15th; in addition, said members will be limited to IRS approval for mileage and meals reimbursement for the New York City area. Supervisor Colsey seconded the motion for discussion. He confirmed that some attendees did stay for two nights. He went on to say that the classes are scheduled for Monday and Tuesday. The first class doesn't begin until 10:00 or 10:30 AM on both Monday and Tuesday. He does not believe that there is any additional educational value to staying for an additional night. The Supervisor also noted that thousands of Wappinger residents commute to the city on a daily basis. There is adequate time to arrive and check-in before the first class. At the rate of $200 per night, plus additional expenses, he finds this to be inappropriate. He did send the proposed budget for this training to the Board via email. The budget was for up to $5000. That figure included one night in a hotel, registration, $50 per day for meals and transportation via Metro -North for up to 12 people. He feels that it is unreasonable to move on Councilman Bettina's Resolution. Councilman Bettina disagreed. He feels that it is unfair to have to register on Monday, since registration begins on Sunday afternoon. He went on to say that education is important for the Planning Board and Zoning Board. He noted that there is a motion and second on the table. Supervisor Colsey corrected Councilman Bettina, noting that all attendees are already pre -registered. It should take no more than 5 or 10 minutes to check-in. Councilman Beale noted that he has never had to commute to this conference. He feels that it is more convenient for attendees to be in the city the night before. Councilman Bettina added that he will also be taking his own vehicle, will not be utilizing Metro -North and will be taking the IRS deduction for mileage and also for meals. Councilman Beale asked how this would affect the total cost. Councilman Paoloni asked if this would only include the Town Board, Planning Board and ZBA. Councilman Bettina explained why he feels that these specific Board Members should be included. He asked who else is scheduled to attend. Supervisor Colsey listed some of the registered people. Councilman Paoloni noted that the total number of attendees for Councilman Bettina's motion is down to 8: the Town Board, ZBA and Planning Board. Councilman Beale clarified that attendees would include four Town Board members, two Planning Board members and two ZBA members for a total of 8. Councilman Bettina stated that he has a right to know who else is going to attend. Supervisor Colsey explained that he reached out to every Planning Board, ZBA and Town Board Member. After a certain deadline had passed, he then reached out to the Town Clerk, Town Accountant and others. The Supervisor also noted that registrations were put on his personal credit card. Discussion about the credit card followed. Supervisor Colsey summarized that this is a budgeted event. He talked to the three Boards before it was opened up to others. There are 11 people attending and the total cost is right around the $5000 point. Councilman Bettina's proposal would increase the cost at the rate Town of Wappinger Page 4 Printed 1/29/2010 Regular Meeting Minutes January 25, 2010 of $195 per person per night. Councilman Paoloni noted that the suggestion is to only let the Town Board, Planning Board and ZBA attend. Councilman Bettina confirmed, saying that these are the only people that make decisions. The other people are extra. Supervisor Colsey noted that, if anyone registers after this date, they will have to do it on-site. Councilman Beale noted that he cannot make a decision on this if more people are going to register now. Councilman Paoloni felt that there would be no more people asking to attend now, just because an additional night has been added. Councilman Beale and Supervisor Colsey replied that there would. Discussion followed. Supervisor Colsey called for a vote. Councilman Paoloni clarified that this was only for the three Boards. Councilman Bettina amended his motion to: "A motion to authorize the Town Board, Planning Board Zoning Board Members to attend the annual conference in New York City; said members will be limited to evenings lodging at the Warwick Hotel on Sunday evening, February 14th specifically, Monday, February 15th; and in addition, said members would be limited to the IRS approved mileage and meal reimbursement for the New York City area because there are different reimbursements they can take". Supervisor Colsey noted that Councilman Bettina just tripled the figure. He stated that he needs to know what the educational benefit is to spending an additional night. Councilman Beale noted that there is a welcome ceremony at 8:OOAM on Monday. Councilman Bettina and Councilman Paoloni noted that the exhibits are useful and will be setting up as well. Supervisor Colsey replied that the exhibits are available throughout the conference. He asked for a specific budget amount for the motion. Discussion about the motion followed. Councilman Bettina amended the motion to not include meal reimbursements in general. He also took the mileage out. The motion was now as follows: "A motion to authorize the Town Board, Planning Board Zoning Board Members to attend the annual Association of Towns conference in New York City; said members will be limited to evenings lodging at the Warwick Hotel on Sunday evening February the 14th, Monday evening, February the 15th; said Members will not be reimbursed for mileage nor meals". Discussion followed. The motion passed 4-1, with Beale, Bettina, Czarniecki and Paoloni voting "Aye" and Colsey voting "Nay". Councilman Beale asked that this be worked out in advance in the future. Councilman Bettina agreed that it should be, because these are the most important Boards that there are. Supervisor Colsey explained that it was worked out and a Resolution was set and passed on January 4th. Two weeks later, after it was spelled out in the Resolution, the Board wants to amend it. He went on to note that the only thing that changed here is the want to have an additional night at the hotel. Councilman Bettina replied that that was a matter of opinion. Supervisor Colsey pointed out that the motion was for two nights in a hotel. Councilman Bettina noted that it was two nights for educational purposes. Supervisor Colsey closed the discussion at 7:32 PM. Motion To: authorize Board Members an additional night at the Warwick for the Associations of Towns RESULT: ADOPTED [4 TO 11 MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: William Beale, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni NAYS: Christopher Colsey B. 2008 Financial Audit - Sedore & CoXolsey Supervisor Colsey opened the discussion at 7:32 PM. Linda Hannigan and Susan Tucker, from Sedore & Co., were present to give a report on the 2008 financial audit for the Town of Wappinger. Fredrick Awino, the Town Accountant, was also present. Ms. Hannigan presented the report, with explanation, to the Town Board. She and Ms. Tucker fielded questions from the Board pertaining to things such as the Parkland Trust Fund, the timing of the report and so on. Councilman Paoloni noted a section that mentioned shortfalls and the use of fund balance being the result of Assessor's mailings. The Board discussed whether such a statement was accurate or sufficient to describe the Town's financial situation. Supervisor Colsey feels that it is accurate, but may not be as significant as some other things. Councilwoman Czarniecki asked if changing this would substantially change the report. Ms. Tucker answered that the change would only alter the description of why fund balance was used. Councilwoman Czarniecki asked if this was something the Board could accept and move forward or if Councilman Paoloni would like it to be recorded. Councilman Paoloni felt that it would be nice if it were more accurate. Councilwoman Czarniecki noted that she has had the report for a week and a half. She would have liked to have heard about this problem in advance. Supervisor Colsey went on to clarify that it would have been good if an email was sent in advance as opposed to waiting until the Board Meeting to bring it up. Discussion about the correction of the page followed. The Town of Wappinger Page 5 Printed 1/2912010 Regular Meeting Minutes January 25, 2010 Board then went on to discuss the importance of the document and whether it needs to be voted on or just accepted by the Board. Mr. Hannigan and Ms. Tucker stated that they can correct the page and send an updated document. Councilman Paoloni will email the auditors with the proper wording so that they can make the correction. Discussion followed. Supervisor Colsey closed the discussion at 8:09 PM. C. Sewer Consolidation Update - Al Roberts/ Colsey Supervisor Colsey opened the discussion at 8:10 PM. Al Roberts, Town Attorney, began the discussion of the topic by providing a brief history of the situation. He noted for Councilman Paoloni that there is no intent to change any of the bonds or bond payments. Once the bonds are retired, they are not going to be assumed by any of the other districts. This is only to change the form of entity by which the Town funds projects going forward. He continued with his recap and moved onto his presentation. Mr. Roberts used an overhead projector to illustrate his points. This legislation would consolidate the interconnected phases into a district. It would not retire or change any bonds. It will facilitate any future bonds that will be required at the Tri -Municipal Sewer Plant. Within the next 5 years, there will be capital improvements at the plant. Mr. Tremper explained that the Town had 10 water districts. The Town combined the districts into one United Wappinger Water District. With sewer districts, when the bill comes in, it needs to be separated into several districts. Discussion followed. The Board went on to discuss which charges would be attributable to repairs or upgrades and which would be attributable to expansion. Some charges would be isolated and some would be universal. Councilman Paoloni asked if Tri -Muni had any say in how the Town allocates amongst the district(s). All present agreed that Tri -Muni does not have any control over financing, type of district or improvement area or geographical boundaries. Councilman Paoloni asked that it be clarified that the triggering of a plant expansion, which would require bonding, would be paid for by those residents within the expansion area. Mr. Roberts confirmed that they would not be part of this legislation. If they wanted to be in the district, the district would have to be expanded, and the new areas that are going to get the expanded services would have to pay for the expansion. Supervisor Colsey asked that this statement be included in the Minutes. Discussion about allocation and expansion followed. The Board also discussed the status of gaining a seat on the Tri -Muni Board. Supervisor Colsey closed the discussion at 8:41 PM. IX. Resolutions RESOLUTION: 2010-58 Resolution Authorizing Application with NYS Office of Children and Family Services (OCFS) for 2010 WHEREAS, the Town of Wappinger Recreation Committee has prepared applications to the New York State Office of Children and Family Services (OCFS) for approval of the projects described in the Youth Development Delinquency Prevention Application, on file with OCFS and the Dutchess County Youth Bureau 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 the Town of Wappinger Recreation Committee to make application to the New York State Office of Children and Family Services (OCFS) for calendar year 2010 for approval of the projects described in the Youth Development Delinquency Prevention Application prepared by the Town of Wappinger Recreation Committee which application is on file with OCFS and the Dutchess County Youth Bureau. 3. Supervisor Christopher J. Colsey is hereby authorized to sign the application by and on behalf of the Town and to take whatever steps are necessary to comply with the rules and regulations of the NYSOCFS for approval of the above referenced application. 4. The Town Board also hereby authorizes the Town of Wappinger Recreation Committee to submit an additional application to the New York State Office of Children and Family Services (OCFS) for approval of projects to be considered in 2010 which application is to be submitted no later than August 3, 2010. 5. Supervisor Christopher J. Colsey is also authorized to sign the 2010 application by and on behalf of the Town and to take whatever steps are necessary to comply with the rules and regulations of the NYSOCFS for approval of the 2010 application. 6. Supervisor Christopher J. Colsey is also authorized to sign the certification Town of Wappinger Page 6 Printed 1/29/2010 Regular Meeting Minutes January 25, 2010 required by OCFS, in the form attached hereto. 7. The Town Board acknowledges that the Town will: a. Abide by OCFS as to the propriety of all expenditures upon which the State aide is requested b. The project will be operated in compliance with the laws, rules, regulations, resolutions and codes of the State of New York and its pertinent political subdivisions C. No youth will be denied the services or facilities of the projects because of race, creed, color, or sex; and d. No fee will be charged for the programs supported by State funds. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-58 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 8 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator El ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 2 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter EI ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-59 Resolution Authorizing the Use of Carnwath Farms in Conjunction with the Greater Southern Dutchess Chamber of Commerce WHEREAS, the Town of Wappinger is a member of the Greater Southern Dutchess Chamber of Commerce and regularly participates in various events for the purpose of maintaining regular dialogue with constituent businesses and considering commercial g improvement opportunities; and 6m WHEREAS, a written request has been made to host a Greater Southern Dutchess Chamber of Commerce membership breakfast, with a proposed date of May 5, 2010, within the Carnwath Chapel, a copy of which has been provided to the Town Board in advance of this public meeting; and WHEREAS, the Greater Southern Dutchess Chamber of Commerce will coordinate the event, to include the setting up of tables, food preparation and cleanup; and WHEREAS, the event will increase area awareness of Carnwath Farms; and WHEREAS, all manpower and personnel supplied by the Greater Southern Dutchess Chamber of Commerce will be under the management and general supervision of the Town Recreation Department. 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 of Wappinger Recreation Department shall be responsible for the oversight of all manpower and personnel supplied by the Greater Southern Dutchess Chamber of Commerce. 3. All necessary manpower and personnel will be supplied by the Greater Southern Dutchess Chamber of Commerce at no expense to the Town of Wappinger. 4. This event is proposed for May 5, 2010. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-59 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder EI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator Rl ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter EI ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 1129/2010 Regular Meeting Minutes January 25, 2010 RESOLUTION: 2010-60 Resolution Authorizing Town of Wappinger Code Enforcement Office Personnel to Attend the Annual Educational Conference in Poughkeepsie, New York WHEREAS, the Town of Wappinger employs NYS Certified Code Enforcement Officers for the purposes of zoning, building, and related matters of local and State code compliance; and WHEREAS, in accordance with the statutes as promulgated by the State of New York, each Certified Code Enforcement Officer must annually gain twenty-four (24) hours of training; and WHEREAS, the Mid Hudson Valley Chapter of NYSBOC is offering nineteen (19) hours of training at their annual conference of April 7 - 9, 2010, at the Poughkeepsie Grand Hotel in Poughkeepsie, New York, at the cost of $275.00 per person; and WHEREAS, the following personnel employed by the Town of Wappinger are NYS Certified Code Enforcement Officers: George Kolb, Susan Dao, Sal Morello, Tatiana Lukianoff, Mark Liebermann, Barbara Roberti and Christopher Colsey. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes George Kolb, Susan Dao, Sal Morello, Mark Liebermann and Tania Lukianoff of the Office of Code Enforcement to attend the 22nd Annual Hudson Valley Code Enforcement Officials Educational Conference, to be held April 7 - 9, 2010, in Poughkeepsie, New York, at an expense not to exceed $275.00 per person from Budget Line B3620.400. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes Barbara Roberti, Planning and Zoning Secretary, to attend the 22nd Annual Hudson Valley Code Enforcement Officials Educational Conference, to be held April 7 - 9, 2010, in Poughkeepsie, New York, at an expense not to exceed $275.00 per person from Budget Line B8020.403. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes Town Supervisor Christopher Colsey to attend the 22nd Annual Hudson Valley Code Enforcement Officials Educational Conference, to be held April 7 - 9, 2010, in Poughkeepsie, New York, at an expense not to exceed $275.00 per person from Budget Line A1220.401. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-60 0 Adopted Yes/Aye No/Nay Abstain Absent 11 Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-61 Resolution Authorizing the Schedule of Fees for 2010 of Wappinger Zoning Services, Fire Inspection Services, Planning Board and Zoning Board of Appeals Reviews and Code Enforcement WHEREAS, the Town Board regularly reviews it various schedules of fees in respect to Town functions and services; and WHEREAS, the Town Board has determined it to be in the best interests of the Town of Wappinger to maintain revenues consistent with the expenses incurred to operate the services; and WHEREAS, the proposed modifications to the Fee Schedule were completed in consideration of internal operating costs and comparisons with neighboring municipalities; and WHEREAS, the proposed modifications to the Fee Schedule were circulated to all members of the Code Enforcement Office for review and comment; and WHEREAS, the Town Board has considered the following fees and policies, as provided to the Town Board in advance of this resolution, in an effort to balance the expenses incurred Town of Wappinger Page 8 Printed 1/29/2010 Regular Meeting Minutes January 25, 2010 with adequate revenues; and WHEREAS, the Town Board authorizes the establishment of an escrow of no less than $2,500.00, as determined by the Zoning Administrator in conjunction with the Town Engineer, in addition to aforementioned Grading Permit Application and Inspection Fees for the purpose of payment of any professional fees incurred by the Town to include, but not limited to, legal, engineering, planning and storm water management services, as deemed appropriate by the Zoning Administrator. NOW, THEREFORE BE IT RESOLVED, that the Town Board has considered the aforementioned Zoning, Fire Inspection, Planning Board, Zoning Board of Appeals and Code Enforcement fees and policies and has determined such to be reasonable in maintaining revenues consistent with the expenses incurred to offer the respective services and adopts such for fiscal year 2010, effective January 1, 2010. BE IT FURTHER RESOLVED, that the Town Supervisor is authorized and directed to amend the Town of Wappinger Zoning, Fire Inspection, Planning Board, Zoning Board of Appeals and Code Enforcement Fee schedule in accordance with the aforementioned fees. BE IT FURTHER RESOLVED, that the Town Board hereby directs the Town Attorney to amend the Town of Wappinger Town Code, through the development of Local Law proceedings, in accordance with the proposed Fee Schedule in respect to the municipal services of Zoning, Fire Inspection, Planning Board, Zoning Board of Appeals and Code Enforcement. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-61 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Initiator El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-62 Resolution Authorizing the Schedule of Town of Wappinger Recreation and Senior Bus Trip Schedule 2010 WHEREAS, the Town of Wappinger annually offers bus trips to various venues to its residents through the Recreation Department and Senior Center; and WHEREAS, the Town Recreation Department and Senior Center have proposed cost saving measures in respect to the proposed trips for 2010, as outlined in a memo received in the Town Supervisor's office January 15, 2010, and forwarded to the Town Board in advance of this resolution; and WHEREAS, the proposed modifications to the bus trip program involve the use of "destination only" trips, in which the event is planned directly through the bus company and are limited to transportation costs; and WHEREAS, the Town Board has considered the following proposal in an effort to ensure consistent resident recreational offerings within the parameters of the 2010 Budget NOW, THEREFORE BE IT RESOLVED, that the Town Board has considered the modifications as proposed by the Town Recreation Department and Senior Center and find such in the best interest of preserving residential recreational offerings within the parameters of the 2010 Budget. BE IT FURTHER RESOLVED, that the Town Recreation and Senior Center is authorized to modify its bus trip policies to "destination -only" trips, and to publish such schedule effective immediately. Town of Wappinger Page 9 Printed 112912010 Regular Meeting Minutes January 25, 2010 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-62 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated 13 Tabled Vincent Bettina Voter 0 ❑ _ ❑ 11 ❑ Withdrawn Ismay Czarniecki Voter, 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-63 Resolution Authorizing the Town Supervisor to Execute an Agreement with Dutchess County for Transportation Services for Senior Citizens and Handicapped Individuals (Dial -A -Ride) WHEREAS, Dutchess County offers the Dial -A -Ride program, which provides transportation services for senior citizens and handicapped individuals; and WHEREAS, Dutchess County Office of the Aging has provided a copy of the proposed Agreement, a copy which has been forwarded to the Town Board in advance of this resolution for their review and consideration; and WHEREAS, the program is annually budgeted through the Town of Wappinger Budget line 7610.400-A, and there exists an amount of Forty -Four Thousand, Four Hundred Forty -Six Dollars and 00/100 ($44,446.00) in said line in the 2010 Town of Wappinger Budget. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor to execute a contract with Dutchess County for the Dial -A -Ride program, which provides transportation services for senior citizens and handicapped individuals services as funded through Budget line A7610-400. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-63 0 Adopted Yes/Aye No/Nay Abstain Absent 11 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-68 Resolution Accepting Roads, Easements, Utilities and Other Public Improvements Constructed in Connection with the Hilltop Business Park Subdivision Together with Maintenance Agreement Secured by Maintenance Bond WHEREAS, Andlyn Associates, Inc. (hereinafter "Applicant") had previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision plat entitled " Hilltop Business Park", prepared by Lawrence J. Paggi, P.E. and Gary R. LaTour, LS, dated October 19, 1999, last revised July 2, 2001; and WHEREAS, the Town of Wappinger Planning Board granted Preliminary and Final Subdivision Plat Approval, by Resolution dated November 20, 2000, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed, as set forth in the aforesaid Subdivision Map and related Contract Drawings, including dedication of the roads for Hilltop Business Park Subdivision, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code; and WHEREAS, Andlyn Associates, Inc. has completed development of the subdivision, including all of the improvements as required by the Resolution of Final Subdivision Approval, Town of Wappinger Page 10 Printed 1/29/2010 Regular Meeting Minutes January 25, 2010 dated November 20, 2000; and WHEREAS, the Town Board has determined it is in the best interest of the residents of the Town of Wappinger, particularly the owners of the lots in the Hilltop Business Park Subdivision, to accept the roads, easements, utilities and other public improvements that have been constructed in accordance with the original Resolution of Subdivision Plat Approval; and WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, Andlyn Associates, Inc., is required to guarantee that the quality and workmanship of the improvements accepted by the Town will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, to guarantee the quality and workmanship of the public improvements, specifically, the roads and related drainage improvements, Andlyn Associates, Inc., has executed a Maintenance Agreement dated January 20, 2010; and WHEREAS, the Maintenance Agreement will be secured by a Maintenance Bond to be issued by Utica Mutual Insurance Company of New Hartford, New York, in the sum of Fifty -Six Thousand, Two Hundred Forty -Two Dollars and 00/100 ($56,242.00), in accordance with the sample Maintenance Bond attached hereto and made a part hereof; and WHEREAS, Utica Mutual will not release the Maintenance Bond until such time as the Town Clerk releases the Performance Bond bearing bond number SU3288479 in the principal amount of Sixty Thousand, Two Hundred Fifty -Eight Dollars and 00/100 ($60,258.00) as set forth below; and WHEREAS, as additional security to secure the obligation that the improvements will be free from defects, Nicholas J. DeLuccia, as President of Andlyn Associates, Inc., has further agreed to personally guarantee the obligations of Andlyn Associates, Inc. as set forth herein. 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, particularly the owners of lots in the Hilltop Business Park Subdivision, to accept the road known as Bill Horton Way, and related easements, utilities and other public improvements made and constructed in connection with the Hilltop Business Park Subdivision, and the Town Board hereby accepts same upon delivery of the original Maintenance Agreement and Maintenance Bond above mentioned. 3. The Town Supervisor, Christopher J. Colsey, the Engineer to the Town, Robert J. Gray, and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds, easements and any related bills of sale, if any, recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary for such recording and/or filing, upon a determination that the aforesaid improvements are delivered free and clear of any liens or encumbrances and are otherwise in compliance with the Town's Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code. 4. The Maintenance Agreement executed on January 20, 2010, by Andlyn Associates, Inc., with an address of 210 New Hackensack Road, Wappingers Falls, New York, 12590, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the road and other public improvements will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town as required by the Subdivision Regulations of the Town of Wappinger. 5. The Maintenance Bond to be issued by Utica Mutual Insurance Company and issued in favor of the Town of Wappinger as obligee in the principal sum of Fifty - Six Thousand, Two Hundred Forty -Two Dollars and 00/100 ($56,242.00), securing the obligations set forth in the Maintenance Agreement, is hereby accepted as security for the Maintenance Agreement. 6. The personal guarantee issued by Nicholas J. DeLuccia, incorporated into the Maintenance Agreement, in favor of the Town of Wappinger, securing the obligations set forth in the Maintenance Agreement, is hereby accepted as additional security for the Maintenance Agreement. 7. The Town Board acknowledges that the developer, Andlyn Associates, Inc., has completed all of the work required by the Planning Board's Resolution of Final Subdivision Plat Approval, dated November 20, 2000, and that the Performance Agreement originally executed by Andlyn Associates, Inc. by Nick DeLuccia, on October 12, 2001, has been fully honored, and the Town Board hereby authorizes the Town Clerk to release the original Performance Bond issued by Utica Mutual Insurance Company in favor of the Town of Wappinger, bearing Bond Town of Wappinger Page 11 rrintea tiaviwt v Regular Meeting Minutes January 25, 2010 kA XI. #SU3288479, in the principal amount of Sixty Thousand, Two Hundred Fifty - Eight Dollars and 00/100 ($60, 258.00), on condition that Utica Mutual simultaneously, or as soon as practicable thereafter, delivers to the Town Clerk the Surety Maintenance Bond in the sum of Fifty -Six Thousand, Two Hundred Forty -Two Dollars and 00/100 ($56,242.00), in the form acceptable to the Attorney to the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-68 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as mended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter 0 El 11 ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. New Business Councilman Beale New Business Councilman Beale feels that the Board should have a conversation at some point about the business hours of Town Hall. Councilman Bettina New Business Councilman Bettina noted that, due to the joint Board Meeting that took place in the Town of Fishkill, with the Town of Wappinger, Town of LaGrange and Town of Fishkill, he feels that the Wappinger Town Board should look into the Intermunicipal Agreement and decide where they would like to be heading. Councilwoman Czarniecki New Business Councilwoman Czarniecki suggested setting up an interview with someone that could be directed to pursue grant opportunities for the Town. This person would go out and solicit grants and would be paid based upon grants awarded. The Board agreed that this would be a good idea. Discussion followed. 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. Contract Negotiations - Wappingers Gardens Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Town of Wappinger Page 12 Printed 1/29/2010 Regular Meetine Minutes January 25, 2010 XII. Resolutions Motion To: amend Resolution 2010-69 RESULT: ADOPTED 14 TO 11 MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: William Beale, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni NAYS: Christopher Colsey RESOLUTION: 2010-69 Resolution Declaring the Town Board's Intent for the Planning Board to Serve as Lead Agency for the Wappinger Garden Project WHEREAS, the Town Board of the Town of Wappinger has received an application from Wappinger Gardens, LLC (the "Applicant") on behalf of Robert P. Henshaw, Jr. (the "Owner") to change the zoning on a 49.67 -acre parcel of land located on the easterly side of Route 9D and designated 19-6057-04-898012 on the Town tax maps (the "Subject Property") so as to permit a project known as Wappinger Gardens which would consist of independent living dwellings, assisted living dwellings and memory care and therapy facilities (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Wappinger Environmental Quality Review ()VEQR) Law which establishes locally designated Type I actions); and WHEREAS, it is now the appropriate time to initiate the SEQRA process by determining which entity will serve as the Lead Agency for the environmental review of the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby declares its intent for the Planning Board to serve as the Lead Agency for the environmental review of the Proposed Action in accordance with SEQRA because the threshold policy decisions which must be made in connection with the Proposed Action relating to zoning, water supply and sewage disposal are in the province of the Planning Board. 3. The Town Board hereby directs the Planning Board Secretary to circulate a Designation of Lead Agency letter to the other Involved Agencies in which the Town Board declares its intent for the Planning Board to serve as the Lead Agency. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-69 Yes/Aye No/Nay Abstain Absent El Adopted Christopher Colsey Seconder ❑ 0 ❑ ❑ ❑ Adopted as Amended William Beale Initiator D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. XIII. Comprehensive Plan Workshop Supervisor Colsey opened the discussion at 10:31 PM. David Stolman, Town Planner, was present to discuss the status of the Comprehensive Plan. Each Board Member was provided Town of Wappinger Page 13 rnnrea i/, Ywzv. u Regular Meeting Minutes January 25, 2010 with a memo and a map to accompany this discussion. There are four items left to be resolved before the Board can adopt the Plan. Those items are affordable housing, the New Hackensack Hamlet, the zoning along Route 9 and Cranberry. Mr. Stolman discussed the four items in detail and received feedback from the Board. Mr. Stolman concluded the discussion with the Cranberry property. Supervisor Colsey stated that Cranberry is R-80. Town Clerk, Chris Masterson, asked if that was a vote. Supervisor Colsey confirmed. He moved to designate the zoning of Cranberry to be R-80. Discussion followed. Mr. Masterson asked for clarification on the motion. Supervisor Colsey noted that the map titled "proposed land use changes", produced by Frederick P. Clark Associates, for the section notated by the letter "K", there is currently a designation of R-20. Supervisor Colsey is proposing R-80, or "2 Acre" zoning. The motion to designate this property as R-80 was seconded by Councilwoman Czarniecki. The motion was then adopted 4 to 1, with Beale, Bettina, Czarniecki and Colsey voting "Aye" and Paoloni voting "Nay". Discussion followed. The Board agreed that this item should take place at 6:00 PM, prior to the next Town Board Meeting. Supervisor Colsey closed the discussion at 10:59 PM. Motion To: designate section K to be R-80 (2 acre Zoning) RESULT: ADOPTED [4 TO 11 MOVER: Christopher Colsey, Supervisor SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki NAYS: Joseph Paoloni XIV. Town Board Review of Vouchers RESOLUTION: 2010-70 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: 2009HHH Vendor A B DB HRS LC LD LH Central Hudson $2,701.08 $78.00 $853.20 $2,452.44 Signal Graphics $52.02 Town of Fishkill DC Sheriff $3,016.69 $14,997.70 James Baisley $690.00 Capital Markets $1,750.00 Capital Markets $2,000.00 Carquest $231.28 Carquest $21.22 Michael Sheehan $15.00 Sun UP Properties Noco Energy $937.65 Justice Court $27,784.25 Tilcon $577.06 Aflac George Kolb $173.25 Gellert & Klein $825.82 Charles Reinhardt $11.94 Karol Kelly $62.37 Duality $1,232.50 Thomas Gleason $96,966.50 Stormwater $100.00 Management Stormwater Management Stormwater Management Mycor Holdings United Rentals $795.63 Auto Zone $108.95 Great American $563.07 Leasing Ser -Col Inc Town of Wappinger Page 14 Printed 1129/2010 Regular Meeting Minutes January 25, 2010 Ser -Col Inc Totals 1 $38,094.29 1 $17,993.25 $2,559.94 $96,966.50 1 $78.00 1 $853.20 1 $2,452.44 Vendor SH T16 T92 WH Central Hudson Yes/Aye Signal Graphics Abstain Absent 0 Adopted Christopher Colsey Town of Fishkill $4,295.82 ❑ ❑ $2,415.27 DC Sheriff William Beale Seconder 0 ❑ James Baisley ❑ ❑ Defeated Vincent Bettina Voter Capital Markets ❑ ❑ ❑ ❑ Tabled Capital Markets Initiator 0 ❑ ❑ Carquest ❑ Withdrawn Joseph Paoloni Voter ❑ Carquest ❑ ❑ Michael Sheehan Sun UP Properties $1,197.30 Noco Energy Justice Court Tilcon Aflac $439.00 George Kolb Gellert & Klein Charles Reinhardt Karol Kelly Duality Thomas Gleason Stormwater Management Stormwater Management $275.00 Stormwater Management $800.00 Mycor Holdings $454.40 United Rentals Auto Zone Great American Leasing Ser -Col Inc $294.70 Ser -Col Inc $1,500.00 Totals $4,295.82 $439.00 $4,521.40 $2,415.27 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 January 4, 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 -2010-70 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 January 25, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-71 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: 2009GGG Vendor AB CD DB HGC CAMO Pollution $25.00 Town of Wappinger Page 15 Printed 112Y1201 0 Regular Meeting CAMO Pollution $25.00 Central Hudson $575.31 Central Hudson $50.05 Central Hudson $427.34 Central Hudson $60.06 Central Hudson $30.03 Central Hudson $104.94 FedEx $23.33 Matthew Bender $423.12 Home Depot $32.04 Mid Hudson Fasteners James Baisley Bottini Fuel $195.96 Bottini Fuel $749.16 West Payment Center $393.86 Al Roberts Royal Auto Parts $109.99 Victor Fanuele Brady's Power Equip Foam and Wash $3.50 Kearns Electric $489.08 Williams Lumber Hillman Signs Staples $28.63 Westchester Tractor William Hockler Gellert/Klein Kay Von Reyn $65.51 WB Mason $53.60 Drrick, Herrington, $875.00 Sutcliffe Cornerstone $1,747.21 Zurich American $751.50 Zurich American $205.00 Morris Associates $3,091.40 Morris Associates $4,817.25 Nilson Oil Nilson Oil $306.12 Paetec $4,727.80 totals $20.386.79 Minutes $1,218.50 $28.05 $24.50 $49.901 $313.50 $16.73 $226.46 $120.24 $2,315.70 $200.10 January 25, 2010 $855.60 $935.00 $4,039.50 $126.04 $43.50 $482.34 $375.00 $240.48 $1,624.00 $6,609.45 $637.50 $1,994.95 78 1 $49.90 1 $11,353.91 1 $6,609.45 Vendor HTB T33 T92 CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson FedEx Matthew Bender Home Depot Mid Hudson Fasteners James Baisley Bottini Fuel Bottini Fuel West Payment Center Al Roberts $1,683.00 Royal Auto Parts Victor Fanuele Brady's Power Equip Foam and Wash Kearns Electric Williams Lumber Hillman Signs Staples Westchester Tractor William Hockler Gellert/Klein Kay Von Reyn Town of Wappinger Page 16 Printed 112912010 Fi Regular Meeting Minutes January 25, 2010 WB Mason Orrick, Herrington, Sutcliffe Cornerstone Zurich American Zurich American Morris Associates $370.20 $3,578.85 $1,586.00 Morris Associates $4,527.28 Wilson Oil Wilson Oil Paetec Totals $370.20 $3,578.85 $7,796.28 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 January 4, 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 -2010-71 A DB LC LD LH CAMO Pollution $650.00 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder El ❑ ❑ ❑ ❑ Withdrawn Jos h Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-72 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: 2009III Vendor A DB LC LD LH CAMO Pollution $650.00 CAMO Pollution $620.00 CAMO Pollution $173.60 Platts Locksmith $125.00 Royal Carting $12,852.84 Home Depot $73.37 Mid Hudson Fasteners $668.41 Mid Hudson Fasteners $477.53 Sedore & Company $2,356.00 Tri Muni Sewer Comm Pine Plains Tractor $369.00 Arkel Motors $874.68 Dutchess Metal Supply $382.00 Colonial Builders Hudson River Truck/Tra $142.67 McGrath & Company $1,500.00 Community Energy $1.71 $42.45 $125.62 Wilson Oil $2,953.20 Wilson Oil $1,554.60 Hannaford Brothers $10.88 John Taylor $75.90 Totals $18,806.59 1 $7,053.09 1 $1.71 $42.45 $125.62 Vendor SI SRI SV T33 Town of Wappinger Page 17 Printed 1/2912010 Regular Meeting Minutes January 25, 2010 CAMO Pollution CAMO Pollution CAMO Pollution Platts Locksmith Royal Carting Home Depot Mid Hudson Fasteners Mid Hudson Fasteners Sedore & Company Tri Muni Sewer Comm $69,853.51 Pine Plains Tractor Arkel Motors Dutchess Metal Supply Colonial Builders Hudson River Truck/Tra McGrath & Company Community Energy Wilson Oil Wilson Oil Hannaford Brothers John Taylor Totals $69,853.51 $69,853.51 1 $54,330.52 30.52 $11,375.00 1,375.00 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 January 4, 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 -2010-72 A AM B DB T16 West Payment 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ $25.98 Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-73 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: 2010B Vendor A AM B DB T16 West Payment $148.00 West Payment $1,370.40 Coffee Systems $44.26 NYSBOC-Serino $250.00 Cryo Weld $240.00 Staples $34.50 Christopher Colsey $83.94 WB Mason $25.98 Don Kortright $85.00 STS Tire & Auto $23.00 Dept of Civil Service $2,932.36 $2,176.60 $5,827.55 Frontier $22.40 Communication CSEA $2,073.78 Staples $161.86 Town of Wappinger Page 18 Printed 1/2912010 Regular Meeting Minutes January 25, 2010 Town of Fishkill $65.68 Cablevision $274.65 Wells Fargo Financial $369.53 $373.56 Transcare $32,916.66 All State $802.24 Verizon Wireless $280.70 $263.24 Totals $5,791.86 $32,916.66 1 $3,108.80 $8,226.33 $802.24 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 January 25, 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 -2010-73 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-74 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 and 2010 WHEREAS, pursuant to Town Law § 119, which sets forth the procedure for the auditing of claims and issuance of warrants where there is no Town Comptroller, the Town Board must audit the claims and issue the warrants for the payment of said claims; and WHEREAS, since the office of the Town Comptroller had been vacant through July 1, 2008, and the vacancy has been subsequently filled by an Accountant, as deemed qualified through the competitive Civil Service process, the duties of auditing claims presented to the Town, and the issuing of warrants authorizing the payment of said claims and bills, must be approved by the Town Board; and WHEREAS, New York Town Law §118(2) permits the Town Board to authorize the payment of Utility Claims in advance of the audit of such claim; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to authorize the payment of Utility Charges in advance of the audit of such claim through Resolution 2008-158; and WHEREAS, the Town Board has found that all the claims as presented through the Abstracts as processed between December 18, 2009 and January 15, 2010, are just and accurate, has directed the Town Accounting Department to prepare an abstract of the audited claims, specifying the number of the claim, the name of the claimant, the amount allowed and the fund and appropriation account chargeable therewith. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby confirms that it has reviewed and approved the abstracts as processed between December 18, 2009 and January 15, 2010 as provided to the Town Board in support of this Resolution as follows: 1. Abstract (KVS) as processed on December 18, 2009, with a total of Six Thousand, Nine Hundred Fifty -Three Dollars and 38/100 ($6,953.38); 2. Abstract (KVS) as processed on December 22, 2009, with a total of Five Hundred Thirty -Three Dollars and 44/100 ($533.44); 3. Abstract (KVS) as processed on December 23, 2009, with a total of Eighty Thousand, Three Hundred Seventeen Dollars and 38/100 ($80,317.38); 4. Abstract (KVS) as processed on December 23, 2009, with a total of Ten Thousand, Three Hundred One Dollars and 12/100 ($10,301.12); 5. Abstract (KVS) as processed on December 30, 2009, with a total of One Hundred Eighty -Two Thousand, Nineteen Dollars and 17/100 ($182,019.17); 6. Abstract (KVS) as processed on January 5, 2010, with a total of Eleven Thousand, Eight Hundred Seventy Dollars and 04/100 ($11,870.04); 7. Abstract (KVS) as processed on January 7, 2010, with a total of Forty -Five Thousand, Twenty -Eight Dollars and 53/100 ($45,028.53); Town of Wappinger Page 19 Printed 1/29/2010 Regular Meeting Minutes January 25. 2010 XV. 8. Abstract (KVS) as processed on January 11, 2010, with a total of Forty -One Thousand, Two Hundred Ninety -Five Dollars and 66/100 ($41,295.66); 9. Abstract (KVS) as processed on January 13, 2010, with a total of Forty -Eight Thousand, Five Hundred Forty Dollars and 81/100 ($48,540.81); and 10. Abstract (KVS) as processed on January 15, 2010, with a total of Three Hundred Eight Thousand, One Hundred Twenty Dollars and 44/100 ($308,120.44) - REPLACEMENT ABSTRACT FOR VOIDED CHECKS. BE IT FURTHER RESOLVED, the Town Board hereby authorizes the Town of Wappinger Accounting Department to transfer the respective funds into the General Disbursement Fund (GDF) to pay all claims as outlined in Abstracts as processed between December 18, 2009 and January 15, 2010. BE IT FURTHER RESOLVED, the Town Board hereby authorizes the issuance of warrants in accordance with the abstracts identified herein and then shall direct same to Supervisor Christopher Colsey and authorize and direct him to pay the claimant(s) the amount allowed upon their claim. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-74 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 0 ❑ 0 ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina - Initiator I 1 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ 0 Joseph Paoloni Voter ❑ 0 ❑ 0 Dated: Wappingers Falls, New York January 25, 2010 The Resolution is hereby duly declared adopted. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni The meeting adjourned at 11:11 PM. John C. Masterson Town Clerk [own of Wappinger Page 20 Printed 1/29/2010