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2010-05-24 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda ^- Chris Masterson 845-297-5771 Monday, May 24, 2010 6:00 PM Town Hall 6:00 PM Meeting called to order on May 24, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Salute to the Flag III. Executive Session A. Personnel Interviews - Legislative Aidllntern B. PETNY Litigation Update - Attorney Advice IV. Adoption of Agenda V. Public Portion VI. Minutes Approval Monday, May 10, 2010 VII. Correspondence Log 2010-198. Resolution Authorizing the Acceptance of the Correspondence Log VIII. Discussions A. Hilltop/Cider Mill Loop Water Tank Renovation - Colsey/Gray/Tremper B. Private Road EMT Service - Bettina IX. Public Hearings A. Dutchess County Pistol Association X. Resolutions 2010-199. Resolution Appointing Chairperson of the Town of Wappinger Conservation Advisory Council 2010-200. Resolution Authorizing the Acceptance of Partial or Excess Payments for Sewer and Water Payments 2010-201. Resolution Authorizing Amendments to the 2010 Town of Wappinger Budget in Respect to the Town Clerk and Town Supervisor Departments for the Lease of a Map Scanner 2010-202. Resolution Approving 2010 Equipment Rental Rates of Equipment for Use by the Highway Department 2010-203. Resolution to Authorize Transfer of Disputed Lands between Tall Trees Water Improvement and Lot 45 on Map 3345, Subject to Permissive Referendum 2010-204. Resolution Awarding Bid for Town Hall and Highway Garage Fuel Oil Tank Removals XI. Items for Special Consideration XII. New Business XIII. Town Board Review of Vouchers 2010-205. Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-206. Resolution Approving Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-207. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIV. Adjournment Page I Printed 512012010 Town of Wapp ing er 0 0 Town of Wappinger Town Board Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Monday, May 24, 2010 6:00 PM Town Hall I. Call to Order Supervisor Christopher Colsey called the meeting to order at 6:23 PM. Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present Christopher Colsey, Vincent Bettina, Ismay Czarniecki William Beale Town of Wappinger Councilman Late 6:36 PM Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Late 6:23 PM Joseph Paoloni Town of Wappinger Councilman Late 6:48 PM Graham Foster Town of Wappinger Highway Superintendent Present Al Roberts Town of Wappinger Town Attorney Present II. Salute to the Flag III. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, Vincent Bettina, Ismay Czarniecki ABSENT: William Beale, Joseph Paoloni A. Personnel Interviews - Legislative Aide1lntern B. PETNY Litigation Update - Attorney Advice Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni IV. Adoption of Agenda Motion To: set the Pistol Association Public Hearing for June 14th, 2010 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Colsey, Supervisor SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Town of Wappinger Page I Printed 6/2/2010 Town Board Meeting Minutes May 24, 2010 V. Public Portion Motion To: open the floor for public comments relative to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Comments Don Meade was the first resident to speak. He noted that, on April 30th, a medical emergency took place at his house. The ambulance found the road quickly but was unable to find the house. The resident called Councilman Bettina to complain about the issue. Mark Liebermann, the Town Fire Inspector, responded to the resident by letter. In the letter, he explained that New York State Fire Code requires that every structure on the street be posted. Mr. Meade showed the Board a photograph proving that his property is numbered. He asked the Board why a certificate of occupancy was issued if there were outstanding issues such as this. Supervisor Colsey agreed that it should have been inspected and that should have been part of the inspection. Mr. Meade then noted that there was an issue with bad fill being used on the property. The builder claimed that the bad fill was removed. However, Mr. Meade has been on the property for three years and has not been able to grow grass or trees. Obviously, the bad fill was not removed. He is still digging up asphalt and debris. There is also a swale that was supposed to be dug out. The swale was never graded properly. He noted that there is a lack of supervision and oversight by the Town. Mr. Meade noted that the main issue is that the paving of the road is the biggest obstacle. As a result of the road being unfinished, the residents are receiving spotty EMS service. Councilman Beale took exception to the statement and pointed out that Wappinger has the best response times in Dutchess County. He went on to say that this resident has the obligation to have his house numbered. Councilman Bettina commented that he visited the property. While the number can't be seen from the road, the resident showed Councilman Bettina where the number is displayed further up the driveway near the house itself. Councilman Beale noted that he has spoken with the individuals involved with the emergency call, and they explained that there have been two situations due to this home and its street number. Councilman Bettina stated that the house was properly marked and the ambulance couldn't find it. Regarding the acceptance of the road, the law states that the road must be turned over within two years. He stated that the Town is currently looking into that matter. Councilman Beale asked how the Supervisor and Councilwoman Czarniecki could not find the street number. Mr. Meade answered that the houses are set back far from the road. Councilman Beale asked where the street number is. Mr. Meade replied that the street number is up by the house. Councilman Beale explained that having the number up by the house is not compliant. Councilman Paoloni noted that the resident is using the example of not being able to find the house to make the larger point of why the road still hasn't been accepted. The other issue is why the Building Department could allow this shabby workmanship with the bad fill and the road. The real point is that the road hasn't been paved in four years. Discussion followed. Supervisor Colsey asked Graham Foster, Highway Superintendent, what needs to be done. Mr. Foster answered that 4X4's need to be put in the ground in front of these houses. Those 4X4's need to be painted white with the house numbers painted on. Al Roberts, Town Attorney, noted that the road needs to be brought up to the Town's Highway specifications. It is the developers responsibility. There is a performance bond in place for this subdivision. Councilman Paoloni asked what is taking so long. Mr. Meade replied that the builder has received other permits to do work in other areas. Mr. Foster explained that this is the normal process. He and the Engineer to the Town, Bob Gray, have walked the property and have given the builder a punch list of what needs to be done. Everything that needs to be done won't be completed for a couple of months. The 4X4's need to be put in place now to address the street address situation. Discussion followed. Councilman Bettina asked Mr. Foster to come back to the Board at the next Town Board Meeting with a status update and an updated timeline. Mr. Meade recommended that the residents be included in the process to give the professionals input. Councilman Bettina made a motion that the Town Board contact the developers and put them on notice that the repairs need to be done in a timely manner and that the Highway Superintendent and Town Engineer get back to the Town Board as to when these improvements will be made. Discussion followed. Councilman Bettina restated his motion to be a motion to inform the developer that he is on notice that these improvements have to be made in a timely fashion, based on the input of the Engineer and Highway Superintendent, by the next Meeting so they can decide what the Board is going to do. Councilwoman Czarniecki seconded the motion. Discussion followed. The motion Town of Wappinger Page 2 Printed 6/212010 Ij Town Board Meeting Minutes May 24, 2010 passed unanimously. Councilman Bettina summarized what needs to take place. Motion To: inform the developer that he is on notice that these improvements have to be made in 60 days, based on the input of the Engineer and Highway Superintendent, by the next Meeting so they can decide what the Board is going to do RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Amendment to Minutes At the Town Board Meeting of June 14th, 2010, Councilman Bettina made a motion to strike the phrase "in a timely manner" from the following motion and replace it with the phrase "in 60 days". The June 14th motion was seconded by Councilwoman Czarniecki and passed unanimously. The record of this May 24th motion was corrected by the Town Clerk on Friday, June 18, 2010. VI. Minutes Approval Monday, May 10, 2010 ✓ Vote Record - Acceptance of Minutes for May 10 2010 7:00 PM Yes/Aye No/Nay Abstain Absent Absent Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Seconder Joseph Paoloni Voter 0 ❑ ❑ ❑ VII. Correspondence Log RESOLUTION: 2010-198 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 -2010-198 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator El ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 24, 2010 VIII. Resolutions The Resolution is hereby duly declared adopted. RESOLUTION: 2010-199 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) on March 10, 2010; and WHEREAS, in accordance with Town Code § 9.4 (Officers, Meetings and Committees), the Town Board appointed Michael Leonard as Chairperson of the Town of Wappinger Conservation Advisory Council; and Town of Wappinger Page 3 Printed 6/2/2010 Town Board Meeting Minutes May 24, 2010 WHEREAS, Michael Leonard has advised the Town Supervisor that he is unable to fulfill the duties as Chairperson of the Town of Wappinger Conservation Advisory Council, but is willing to continue to serve on the Council. WHEREAS, in accordance with Town Code § 9.4 (Officers, Meetings and Committees), the Town Board hereby appoints Barbara Jensen-Lafko as Chairperson of the Town of Wappinger Conservation Advisory Council. NOW, THEREFORE BE IT RESOLVED, that Barbara Jensen-Lafko is hereby appointed as Chairperson of the Town of Wappinger Conservation Advisory Council for 2010, fulfilling the unexpired term of Michael Leonard. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-199 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ 11 Tabled Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 24, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-200 Resolution Authorizing the Acceptance of Partial or Excess Payments for Sewer and Water Payments WHEREAS, the current policy for accepting water and sewer payments requires the acceptance of only the amount matching the invoiced balance; and WHEREAS, it is an increasing occurrence that payments are received in incorrect or obsolete amounts, such as through automatic bill payment services; and WHEREAS, the former software package did not allow the ability to accept a payment not consistent with the invoiced balance, thus requiring a rejection of payment; and WHEREAS, the Town Accountant, through a memo dated May 12, 2010, recommends the acceptance of partial or excess payments of water and sewer payments; and WHEREAS, this proposed internal policy modification will decrease costs, reduce employee collection efforts and limit re -levy balances. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby authorizes the acceptance of partial or excess payments for sewer and water payments, effective immediately upon adoption. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-200 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 24, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-201 Resolution Authorizing Amendments to the 2010 Town of Wappinger Budget in Respect to the Town Clerk and Town Supervisor Departments for the Lease of a Map Scanner WHEREAS, the Town of Wappinger Budget for Fiscal Year 2010 was finalized on November 20, 2010; and WHEREAS, the Town Clerk Office has scanned Town records from 1879 to 2010 (over 130 years); and WHEREAS, the Town Clerk Office has already scanned over 250,000 of the Town Town of Wappinger Page 4 Printed 6/2/2010 01 NJ 1� Town Board Meeting Minutes May 24, 2010 Clerk's files; and WHEREAS, the Town Clerk has proposed the scanning of maps which exceed the size of the current flatbed scanner; and WHEREAS, maps can be scanned from all Town records, to include Town Clerk, Building and Planning archives; and WHEREAS, such maps could subsequently be viewed through the Town of Wappinger website; and WHEREAS, a large format Colortrac SmartLF Cx40 scanner can be leased at the monthly rate of $168.97 for a period of forty-eight months; WHEREAS, the proposed budget amendments do not affect the adopted tax levy for Fiscal Year 2010; and WHEREAS, the proposed budget amendments are as follows: Line Description Budget Increase Decrease A1220.201 Supervisor - Office $4,500.00 $1,200.00 A1410.408 Town Clerk -Copier $3,750.00 $1,200.00 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor and Town Accountant to amend the Town of Wappinger Budget for the 2010 Fiscal Year in accordance with the aforementioned proposed budget amendments. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-201 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 24, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-202 Resolution Approving 2010 Equipment Rental Rates of Equipment for Use by the Highway Department WHEREAS, pursuant to § 143 of the Highway Law, Highway Superintendent, Graham Foster, has negotiated and procured a quote for the lease of heavy equipment for the purpose of 2010 paving and excavating projects for use by the Highway Department, from Clove Excavators, Inc.; and WHEREAS, the machinery rental rates are identified in a letter dated May 17, 2010, from Highway Superintendent Graham Foster with attachment entitled Equipment Price List from Clove Excavators, Inc., effective January 1 - December 31, 2010, a copy of which has been provided to the Town Board in advance of the consideration of this resolution; and WHEREAS, pursuant to §143 of Highway Law, the machinery and rental rates procured by the Highway Superintendent are not subject to competitive bidding, but are subject to Town Board approval. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves the machinery and rental rates, with operator, at the rates provided within Equipment Price List, effective January 1 - December 31, 2010, from Clove Excavators, Inc., with offices at 9 Barnes Drive, Poughkeepsie, New York, 12603, as attached to a letter dated May 17, 2010, from Highway Superintendent Graham Foster, a copy of which has been provided to the Town Board in advance of the consideration of this Resolution. Town of Wappinger Page 5 Printed 6/2/2010 Town Board Meeting Minutes The foregoing was put to a vote which resulted as follows: May 24, 2010 ✓ Vote Record - Resolution RES -2010-202 amend Resolution 2010-203 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Yes/Aye No/Nay Abstain Absent 0 Adopted - Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 24, 2010 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2010-203 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czamiecki, Paoloni RESOLUTION: 2010-203 Resolution to Authorize Transfer of Disputed Lands between Tall Trees Water Improvement and Lot 45 on Map 3345, Subject to Permissive Referendum WHEREAS, the Town owns and operates a well site and water distribution system through the Tall Trees Water Improvement Area on a parcel of land which was originally part of the Tall Trees Subdivision; and WHEREAS, Ernst Martin, a member of the firm of Paggi, Martin and Del Bene, previous engineers to the Town, has described a series of survey errors within the subdivision known as "Tall Trees -Section 2" filed in the Dutchess County Clerk's Office as map 3354; and WHEREAS, Cynthia J. Kablaoui was the previous owner of lot 45 on the aforementioned Tall Trees -Section 2 subdivision map; and WHEREAS, said lot 45 was immediately adjacent to the parcel owned and operated by the Tall Trees Water Improvement Area; and WHEREAS, when Kablaoui and her husband originally purchased the property, they were provided a survey of said lot 45 which inaccurately described the common boundary line between lot 45 and the well site parcel; and WHEREAS, Kablaoui had utilized the property described in their survey continuously since they purchased the property, and, in fact, a portion of the Kablaoui residence (a deck) is actually located on a portion of the disputed parcel; and WHEREAS, Ernst Martin, Jr, P.E., L.S., had prepared a legal description of the land needed to be transferred from the well site parcel to the Kablaoui parcel in order to cure the survey error originally created when the Tall Trees -Section 2 subdivision map was created, said description being attached hereto and made a part hereof marked and designated Schedule "A"; and WHEREAS, Kablaoui had hired McGarth and Company, Inc., Real Estate Appraisers, to undertake the appraisal of said disputed property containing 5,407 square feet which appraisal determined that the parcel is worth $975.00; and WHEREAS, pursuant to the Town Law § 198.12, property of a water district that is not required for purposes of the district may be sold upon authorization and Resolution of the Town Board, without a public hearing, if the property is valued less than $975.00; and WHEREAS, the Town Board, in its operation, maintenance and management of an improvement area is authorized to use all the powers of districts, including the powers set forth in § 198.12 of the Town Law; and WHEREAS, the Town Board, determines that the disputed area, described in Schedule "A" attached hereto, it not needed for the purposes of the Tall Tree Water Improvement, and had been actively used and occupied by Kablaoui or their successors for a period in excess of 35 years; and WHEREAS, Kablaoui has sold the property and is no longer in title; and WHEREAS, the former Kablaoui property has been foreclosed upon and is being purchased by Mr. Robert Kunkel; and WHEREAS, the attorney to the Town, ALBERT P. ROBERTS, has advised the Town Town of Wappinger Page 6 Printed 6/2/2010 f Ili Town Board Meeting Minutes May 24, 2010 Board that, because of the survey errors and related title issues, the property described in Schedule A has nominal value; and WHEREAS, the Town Board, by resolution number 2002-239, adopted on August 5, 2002, authorized the property described in Schedule "A" to be sold by the Town to Kablaoui; and WHEREAS, Kablaoui never took the necessary steps to acquire the property; and WHEREAS, the surveyor for Kunkel has noted the survey errors; and WHEREAS, Kunkel has agreed to pay the Town $975.00 for the property described in Schedule "A", together with unpaid escrow amounts due the Town, as well all other associated costs in transferring the subject property to him. NOW, THEREFORE, BE IT RESOLVED 1. The recitations above set forth are incorporated in the Resolution as if fully set forth and adopted herein. 2. Based on the information referenced above, the Town Board, on behalf of the Tall Trees Water Improvement Area, hereby authorizes the sale of the premises described in Schedule A to Robert Kunkel and/or his designees or assigns. 3. The Town Board hereby acknowledges the appraisal prepared by McGarth & Company, dated July 18, 2002, and addressed to Mr. Mahmoud Kablaoui at 6 Amherst Lane, Wappingers Falls, New York, 12590, a copy of which is on file with the Town Clerk; the Town Board accepts the determination of McGarth & Company, Inc., that the subject parcel described in Schedule A has a value of Nine Hundred Seventy -Five Dollars and 00/100 ($975.00) or less and hereby agrees to accept payment in such amount as consideration for the sale and said parcel to Robert Kunkel and/or his designees or assigns. 4. The Town Board further determines that, on behalf of the Tall Trees Water Improvement Area, that the premises are not needed for the water improvement purposes. 5. The Town Board further acknowledges that the premises described in Schedule A had been under the practical use and control of Kablaoui and her successors and assigns for approximately 35 years or more. 6. Upon payment of the above referenced sums, including all professional fees and disbursements incurred by the Town on behalf of the Tali Trees Water Improvement Area, Christopher J. Cosley, Supervisor, is hereby authorized to take all steps necessary to effectuate a transfer of the disputed parcel to Robert Kunkel and to execute any and all legal instruments, including Deed, TP -584 and Equalization Assessment Form together with such other documents as may be necessary to transfer title to the disputed parcel to Robert Kunkel and/or his designees or assigns. 7. The sale of the premises described in Schedule "A" to Robert Kunkel or his designees and/or assigns is expressly conditioned on the said Robert Kunkel paying for all costs and expenses associated with this transfer, including all professional fees incurred by the Town to enable the disputed parcel to be transferred to the said Robert Kunkel. 8. Albert P. Roberts, Attorney to the Town of Wappinger, is hereby authorized to undertake all steps necessary and to prepare such legal documents as are necessary including Quit Claim Deed, TP -584 and Equalization and Assessment Form necessary to transfer the parcel described in Schedule "A" to said Robert Kunkle and/or his designees or assigns. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-203 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 24, 2010 The Resolution is hereby duly declared adopted. Torn of Wappinger Page 7 Printed 6/2/2010 Town Board Meeting Minutes May 24, 2010 RESOLUTION: 2010-204 Resolution Awarding Bid for Town Hall and Highway Garage Fuel Oil Tank Removals WHEREAS, by Resolution No. 2007-64, adopted on the 26"' day of February, 2007, the Town Board adopted a Resolution authorizing the issuance of $40,000.00 Bonds to pay for the removal of fuel oil tanks at certain Town facility sites; and WHEREAS, bids and specifications were prepared by Robert J. Gray of Morris Associates, Engineer to the Town, for the work required for the removal of the Town Hall and Highway Garage fuel oil tanks; and WHEREAS, advertisements for bids were duly published and the following bids were received: Company Total EnvironClean Products & Services $ 10,200.00 Tank Specialists Plus $ 16,850.00 Conklin Services & Construction, Inc. $ 23,014.00 Gemstar Construction Corp. $ 29,600.00 WHEREAS, by letter dated May 11, 2010, Morris Associates Engineering Consultants, PLLC, Engineers to the Town, has reported that the lowest responsible bidder is EnviroClean Products & Services in the amount of $10,200.00. 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 awards the bid for the removal of fuel oil tanks at the Town Hall and Highway Garage to EnviroClean Products & Services in the amount of $10,200.00. 3. The Town Board hereby authorizes the Supervisor to execute the contract documents as prepared by Morris Associates, and to issue the Notice of Award and Notice to Proceed to EnviroClean Products & Services, after the Attorney to the Town has confirmed that EnviroClean Products & Services has signed the contract documents and has supplied the necessary documents as required by the bid specifications. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-204 Yes/Aye_ No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter _ 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Joseph Paolom Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 24, 2010 The Resolution is hereby duly declared adopted. IX. New Business Councilman Beale New Business Councilman Beale asked if everything is on schedule with the Comprehensive Plan timeline. Supervisor Colsey responded that, to his knowledge, everything is on schedule. David Stolman, Town Planner, has confirmed his June target date. Councilman Beale added that he just wanted to make sure the objective for the first half of 2010 was being met. Councilman Bettina New Business Councilman Bettina thanked Supervisor Colsey for sending out the information pertaining to the ceremonies that are taking place around the area this coming Memorial Day. Supervisor Colsey New Business Supervisor Colsey recognized Inez Maldonado for her work with the Red Cross. He received a Letter of Recognition from the Red Cross for her efforts. The goal for a blood drive is 30 units. Thanks to Inez and the work she has done, they received 33 units. These 33 units will help 99 patients. Supervisor Colsey then noted that, on July 16th, from 6:30 PM to 7:00 PM, at the Wappinger Town Hall, there is going to be an informational hearing regarding the work that is going to be done on Middlebush Road. Councilman Beale added that there are visibility issues at Pleasant Lane and Cameli Dr. He is happy to host this event and to see this move forward so that the visibility can be increased. Town of Wappinger Page 8 Printed 6/2/2010 III Town Board Meeting Minutes May 24, 2010 Donna Bolner New Business Donna Bolner announced that the County has declared May to be Lyme Disease Awareness Month as well as Health Month. She also noted that, at the June 14th County meeting, they will be giving Bettina Briccetti an accommodation for her work with the Challenger Field at Robinson Lane. Graham Foster New Business Graham Foster updated the Board on the brush pick-up. Most of the Town roads are done. They will be starting the County Roads next. He hopes to be finished in two weeks. Mr. Foster listed the order of the County roads that they will be doing. Discussion followed. X. Town Board Review of Vouchers RESOLUTION: 2010-205 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: 2010Y Vendor A (Townwide) AM (Ambulance) B (PartTown) CB (Castlepoint Easement Grant CAMO Pollution $2,115.00 CAMO Pollution $600.00 CAMO Pollution Office of Aging $25.00 NYComCo $126.00 NYComCo $301.00 NYComCo $1,340.00 Royal Carting $22,024.81 Signal Graphics $59.15 Signal Graphics Williamson Law Book $278.03 Bottini Fuel $816.01 Al Roberts Al Roberts $693.00 Al Roberts Al Roberts $2,227.50 Al Roberts $1,997.05 Al Roberts $33.00 Al Roberts $2,643.00 Al Roberts Al Roberts $5,464.00 $2,198.31 $66.00 Sir Speedy $2.40 Pine Plains Tractor $508.60 Arkel Motors Kearns Electric $172.68 Williams Lumber Ecological Specialties Partac Peat $2,671.20 Dell $425.99 Zee Medical $56.58 DC Central Services $71.02 Christopher Colsey $30.00 Wells Fargo Financial $369.53 $373.56 Transcare $32,916.66 Jones Septic $225.00 Big Top Portables $312.50 $195.50 Stormwater Mngmnt $450.00 Stormwater Mngmnt Stormwater Mngmnt Stormwater Mngmnt Clark Patterson Lee $500.00 Town of Wappinger Page 9 Printed 6/2/2010 Town Board Meeting Minutes May 24, 2010 Clark Patterson Lee Callahan Plumbing $450.00 Great American Leasing $563.07 Totals $39,439.52 $32,916.66 $10,878.97 $66.00 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) Unreserved As of 5/10/2010 $3,483,404.00 $1,364,827.65 $9,929.00 $2,118,576.35 60.82% $ 382,139.09 $395,000.00 $164,583.30 $0.00 $230,416.70 58.33% $ 296,723.15 $1,353,147.00 $448,289.11 $30,800.00 $904,857.89 66.87% $ 9,394.50 N/A $396.00 $0.00 N/A N/A $ (1,874.50) Deficit Vendor CD (Trails PKS- 04 -TA -095 Grant DB (Highway) HFT (Underground Fuel Tanks) HGC (Hwy Garage Reconstruction) CAMO Pollution CAMO Pollution CAMO Pollution Office of Aging NYComCo NYComCo NYComCo Royal Carting Signal Graphics Signal Graphics $609.00 Williamson Law Book Bottini Fuel Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $495.00 $181.50 $363.00 Sir Speedy Pine Plains Tractor Arkel Motors $1,025.24 Kearns Electric Williams Lumber $202.35 Ecological Specialties Partac Peat Dell Zee Medical DC Central Services Christopher Colsey Wells Fargo Financial Transcare Jones Septic Big Top Portables Stormwater Mngmnt Stormwater Mngmnt Stormwater Mngmnt Stormwater Mngmnt Clark Patterson Lee Clark Patterson Lee Callahan Plumbing Great American Leasing Totals $811.35 1$1,520.24 1 $181.50 $363.00 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) N/A $2,553,172.00 N/A $1,122.35 $1,127,855.60 $5,451.99 $0.00 $4,581.15 $0.00 N/A $1,425,316.40 N/A N/A 55.83% N/A $ 4,316.73 $ 1,096,588.53 $ 54,410.50 N/A $71,287.25 $0.00 N/A N/A $ 130,665.24 Town of Wappinger Page 10 Printed 612/2010 11 Town Board Meeting Minutes May 24, 2010 Unreserved Vendor HN (99-2R Water Improvmnt) HWA (Wappinger Park water System Abandonment SI (Sewer Improv Area 1) SR (Rockingham Sewer) CAMO Pollution N/A N/A N/A N/A CAMO Pollution $ 104,901.00 Trust) uilding Water) CAMO Pollution $430.00 Escrows Office of Aging NYComCo NYComCo NYComCo Royal Carting Signal Graphics Signal Graphics Williamson Law Book Bottini Fuel Al Roberts All Roberts Al Roberts Al Roberts Al Roberts Al Roberts All Roberts All Roberts $99.00 Al Roberts $555.00 $555.00 Sir Speedy Pine Plains Tractor Arkel Motors Kearns Electric Williams Lumber Ecological Specialties Partac Peat Dell Zee Medical DC Central Services Christopher Colsey Wells Fargo Financial Transcare Jones Septic Big Top Portables Stormwater Mngmnt Stormwater Mngmnt Stormwater Mngmnt Stormwater Mngmnt Clark Patterson Lee Clark Patterson Lee Callahan Plumbing Great American Leasing Totals $430.00 1$99.00 $555.00 $555.00 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) Unreserved As of 5/10/2010 N/A N/A $28,018.79 $99.00 $0.00 $0.00 N/A N/A N/A N/A $ 614,430.13 $ 104,901.00 $639,509.00 $420,816.00 $204,450.91 $156,774.27 $0.00 $0.00 $435,058.09 $264,041.73 68.03% 62.75% $ 62,781.60 $ (89,930.34) Deficit Vendor SV T33 T92 WU (Phase 3A (Parkland (Planning/13 (Wapp Unitd Sewer) Trust) uilding Water) Escrows CAMO Pollution CAMO Pollution CAMO Pollution Office of Aging Town of Wappinger Page 11 Printed 6/2/2010 Town Board Meeting Minutes May 24, 2010 NYComCo NYComCo NYComCo Yes/Aye No/Nay Royal Carting Absent Q Adopted Signal Graphics Voter Q ❑ Signal Graphics ❑ ❑ Adopted as Amended Williamson Law Book Initiator Q ❑ Bottini Fuel ❑ ❑ Defeated Al Roberts Voter $148.50 ❑ Al Roberts ❑ $5,148.00 Tabled Al Roberts $528.00 Seconder Q ❑ Al Roberts ❑ Withdrawn Al Roberts Voter Q ❑ Al Roberts ❑ Al Roberts Al Roberts $66.00 Al Roberts $555.00 $49.50 $75.00 Sir Speedy Pine Plains Tractor Arkel Motors Kearns Electric Williams Lumber Ecological Specialties $1,182.00 Partac Peat Dell Zee Medical DC Central Services Christopher Colsey Wells Fargo Financial Transcare Jones Septic Big Top Portables Stormwater Mngmnt Stormwater Mngmnt $825.00 Stormwater Mngmnt $375.00 Stormwater Mngmnt $525.00 Clark Patterson Lee Clark Patterson Lee $4,396.39 Callahan Plumbing Great American Leasing Totals $1,083.00 $1,182.00 $11,467.39 $141.00 2010 Adjusted Budget $1,275,278.00 N/A N/A $1,579,922.0 0 YTD Actual Expended $815,458.31 $14,913.05 N/A $565,691.58 YTD Encumbered $0.00 $0.00 N/A $692.16 YTD available budget balance $459,819.69 N/A N/A $1,014,230.42 YTD available budget bal % 36.06% N/A N/A 64.19% Cumm. Fund balance/(deficit) $ 583,277.77 $ 544,555.10 N/A $ 1,574,908.40 Unreserved 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 May 24, 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 -2010-205 Yes/Aye No/Nay Abstain Absent Q Adopted Christopher Colsey Voter Q ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator Q ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter Q ❑ ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder Q ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 24, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 12 Printed 61212010 1 Town Board Meeting Minutes May 24, 2010 RESOLUTION: 2010-206 Resolution Approving 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: 201OZ Vendor A (Townwide) B (PartTown) CD (Trails PKS-04- TA-095 Grant DB (Highway) Office of Aging $11,116.56 $473,954.11 $2,790.85 $1,134,607.03 N & S Supply $18.81 $30,800.00 $0.00 $4,581.15 Verizon $26.15 $879,192.89 N/A $1,418,564.97 Home Depot $34.23 Home Depot $8.45 DC Sheriff $13,155.88 $4,104.68 Mid Hudson Fasteners $377.52 James Baisley $825.00 Corbin Excavating $240.00 West Paymnt Center $138.24 West Paymnt Center $674.40 Anaconda Sports $112.50 Anaconda Sports $1,020.00 Safeguard $110.00 Hyatt's Garage $225.00 Chambers Tractor Sales $508.43 Frederick Clark $9,930.05 Frederick Clark Frederick Clark Ruge's Part Center $50.91 Enviro Clean $850.00 Amthor Welding $100.82 CSEA $2,073.78 Prime Stripe $923.25 Dept of Water Supply $73.63 Momma's Towing $65.00 NYSBOC $25.00 NYSBOC $25.00 Hillman Signs $1,428.00 Staples $68.84 Staples $75.56 Conrad Geoscience $480.75 Cablevision $274.65 International Code Council $100.00 Gellert & Klein $2,153.25 Chappaqua Dutchess $980.00 C & C Hydraulics $433.00 C & C Hydraulics $575.00 WB Mason $92.96 R Costa $1,288.20 All State Jaclyn Smith-Imm $2.56 Don Kortright $228.00 Verizon Wireless $317.23 $547.09 Auto Zone $68.22 Wilson Oil $1,285.75 Hannaford Brothers $2.79 Delta Dental $1,317.80 $305.67 Totals $34,888.94 $16,538.24 $1,668.00 $5,743.43 2010 Adjusted Budget $3,483,404.00 $1,353,147.00 NIA $2,553,172.00 YTD Actual Expended $1,389,581.83 $473,954.11 $2,790.85 $1,134,607.03 YTD Encumbered $9,929.00 $30,800.00 $0.00 $4,581.15 YTD available budget $2,093,822.17 $879,192.89 N/A $1,418,564.97 Town of Wappinger Page 13 Printed 61212010 Town Board Meeting balance YTD available budget bal % Cumm. Fund balance/(deficit) Unreserved As of 5/18/2010 Minutes May 24, 2010 60.11% 64.97% N/A 55.56% $ 357,384.91 $ (16,270.50) $ 2,648.23 $ 1,089,837.10 Deficit Vendor T14 (All State) T92 (Planning/Building Escrows Office of Aging N & S Supply Verizon Home Depot Home Depot DC Sheriff Mid Hudson Fasteners James Baisley Corbin Excavating West Paymnt Center West Paymnt Center Anaconda Sports Anaconda Sports Safeguard Hyatt's Garage Chambers Tractor Sales Frederick Clark Frederick Clark $11,346.30 Frederick Clark $253.00 Ruge's Part Center Enviro Clean Amthor Welding CSEA Prime Stripe Dept of Water Supply Momma's Towing NYSBOC NYSBOC Hillman Signs Staples Staples Conrad Geoscience Cablevision International Code Council Gellert & Klein Chappaqua Dutchess C & C Hydraulics C & C Hydraulics WB Mason R Costa All State $802.24 Jaclyn Smith-Imm Don Kortright Verizon Wireless Auto Zone Wilson Oil Hannaford Brothers Delta Dental Totals $802.24 $11,599.30 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) Unreserved As of 5/18/20.10 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A NIA N/A Town of Wappinger Page 14 Printed 612/2010 0�1 Town Board Meeting Minutes May 24, 2010 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 May 24, 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 -2010-206 A Townwide B PartTown DB (Highway) Central Hudson $457.95 $476,516.13 $1,144,780.53 Central Hudson $1,906.98 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Adoptedfeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 24, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-207 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: 2010AA Vendor A Townwide B PartTown DB (Highway) Central Hudson $457.95 $476,516.13 $1,144,780.53 Central Hudson $1,906.98 $30,800.00 $6,381.15 Central Hudson $132.71 $876,630.87 $1,408,391.47 Central Hudson $605.25 64.78% 55.16% Empire $2,929.67 $2,171.21 $5,822.16 Orkin $128.47 (49,632.52) 1,073,282.45 Sedore & Company $2,356.00 Deficit Selective Automotive $659.00 Arkel Motors $307.34 Foam & Wash $7.00 $14.00 Justice Court $28,106.75 Staples $248.91 Christopher Colsey $22.36 Larry Fox $127.90 WB Mason $30.32 Wilson Oil 1 $4,044.00 Totals $37,649.80 1 $2,562.02 $9,866.16 2010 Adopted Budget $3,483,404.00 $1,353,147.00 $2,553,172.00 YTD Actual Expended $1,398,817.54 $476,516.13 $1,144,780.53 Encumbered $12,364.84 $30,800.00 $6,381.15 YTD available budget balance $2,084,586.46 $876,630.87 $1,408,391.47 YTD available budget bal % 59.84% 64.78% 55.16% Cumm. Fund balance/(deficit) $ $ $ Unreserved 335,784.36 (49,632.52) 1,073,282.45 As of 5/19/2010 Deficit 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 May 24, 2010, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. Town of Wappinger Page 15 Printed 61212010 Town Board Meeting Minutes The foregoing was put to a vote which resulted as follows: May 24, 2010 Vote Record - Resolution RES -2010-207 Yes/Aye No/Nay Abstain Absent 8 Adopted Christopher Colsey Voter CEJ ❑ ❑ ❑ ❑ Adopted as Amended Adoptedfeated William Beale Voter 0 ❑ ❑ ❑ ❑ Vincent Bettina Seconder 21 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Initiator D ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York May 24, 2010 The Resolution is hereby duly declared adopted. XI. Adjournment E RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni The meeting adjourned at 8:54 PM. John C. Masterson Town Clerk �I Town of Wappinger Page 16 Printed 6/2/2010