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2010-08-16 RGMTown of Wappinger Regular Meeting - Agenda -• 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Monday, August 16, 2010 6:00 PM Town Hall 6:00 PM Meeting called to order on August 16, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order H. Salute to the Flag III. Adoption of Agenda IV. Public Hearings Local Law No._ of the Year 2010, Creating Chapter 201 of the Town Code Entitled, "Smoking and Tobacco Use Prohibited" V. Minutes Approval Monday, July 26, 2010 Monday, August 09, 2010 VI. Correspondence Log 2010-247. Resolution Authorizing the Acceptance of the Correspondence Log 2010-248. Resolution Authorizing the Acceptance of the Correspondence Log VII. Public Portion VIII. Executive Session A. PETNY- Colsey B. Personnel Appointments. Code Enforcement Officers - Colsey C. Hi View- Valley Road Update - Colsey D. Payroll Clerk - Roberts IX. Resolutions 2010-244. Resolution Creating the Position of Payroll Clerk Appointing a Payroll Clerk 2010-235. Resolution Introducing Local Law No. _ of the Year 2010, Amending Section 122-16 of the Town of Wappinger Code 2010-249. Resolution Authorizing the Town Supervisor of the Town of Wappinger to Suspend the Procurement Policy in Respect to Purchase Orders Under the Proposed Sum of Five Hundred Dollars for Non - Highway Department Purchases 2010-250. Resolution Authorizing a Change of Employment Status and Authorization to Initiate Employment for Employees within the Parks and Maintenance Department 2010-251. Resolution Authorizing a Public Hearing on the Intended Use of Community Development Block Grant Funds 2010-252. Resolution to Authorize Attorney to Retain Expert Witness and Payment of Disbursements in MJW Litigation 2010-253. Resolution Authorizing Refund of Unused Escrow for Henshaw Subdivision (Account 07-5128) 2010-254. Resolution Appointing Part -Time Assessor's Aid 2010-255. Resolution Awarding Bid for Installation of Emergency Generator at Highway Garage 2010-256. Resolution Authorizing the Supervisor and/or the Attorney to the Town to Enter into a Memorandum of Understanding Tolling the Statute of Limitations in Connection with Potential Litigation Involving PETNY 2010-257. Resolution Authorizing Seasonal Employment within the Parks and Maintenance Department 2010-258. Resolution Waiving Thirty Day Liquor Authority License Hold Period for JTD Enterprises of Dutchess County, LLC. D/B/A Joey's Italian - American Restaurant 2010-259. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-264. Order Calling Public Hearing in the Matter of the Establishment of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York Town of Wappinger Page I Printed 811212010 Regular Meeting Agenda August 16, 2010 X. Items for Special Consideration XI. New Business XII. Town Board Review of Vouchers 2010-260. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-261. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-262. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-263. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIII. Adjournment Ili Town of Wappinger Page 2 Printed 811212010 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Chris Masterson 845-297-5771 Monday, August 16, 2010 6:00 PM Town Hall I. Call to Order IV. a 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 z Councilman Late 6:26 PM Ismay Czamiecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present Bob Gray Town of Wappinger Engineer to the Town Present Salute to the Flag Adoption of Agenda Motion To: adopt the Agenda as printed RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Ismay Czamiecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czamiecki, Joseph Paoloni ABSENT: Vincent Bettina Minutes Approval Monday, July 26, 2010 ✓ Vote Record - Acceptance of Minutes for July 26 2010 6:00 PM Yes/Aye No/Nay Abstain Absent Christopher Cossey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Monday, August 09, 2010 ✓ Vote Record - Acceptance of Minutes for August 9 2010 6:00 PM Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2010-247 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. Town of Wappinger Page I Printed 8/18/2010 Regular Meeting Minutes August 16, 2010 VI. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-247 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter CEJ ❑ ❑ ❑ ❑ 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 August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-248 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 -2010-248 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Withdrawn Joseph PaolonF1 Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. Public Portion Motion To: open the floor for public comments RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina Comments on the Agenda The first resident to speak was Mary Schmalz. She asked for clarification on Resolution 2010-235. Al Roberts, Town Attorney, explained the Resolution. Ms. Schmalz then commented on a letter from the Dutchess County Department of Planning that she saw in the Correspondence Log. The letter cites the need for public transportation for seniors. She feels this is hypocritical, since Dutchess County has eliminated LOOP bus stops at DeMarco Place in the Village of Wappingers Falls. Discussion followed. Ms. Schmalz then asked about a letter from Recreation in which that department is requesting a golf cart. She asked where the golf cart would be stored throughout the year when it is not Community Day. She does not feel that it should be used at Robinson Lane. Supervisor Colsey replied that it will be stored at the barn on Montfort Road and would not be used at Robinson Lane. Ms. Schmalz then asked how she could get a copy of the charts illustrating fees for the Department of Code Enforcement. Supervisor Colsey explained how she could review the charts. Ms. Schmalz then noted that there are several vouchers in the packets of bills that are unsigned. She feels that they should be signed by a department head. Town of Wappinger Page 2 Printed 8/18/2010 11 Regular Meeting Minutes August 16, 2010 Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Colsey, Supervisor SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina VII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina A. PETNY- Colsey B. Personnel Appointments: Code Enforcement Officers - Colsey C. HiView-Valley Road Update - Colsey D. Payroll Clerk - Roberts Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni VIII. Public Hearings Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Local Law No._ of the Year 2010, Creating Chapter 201 of the Town Code Entitled, "Smoking and Tobacco Use Prohibited" Supervisor Colsey explained that this Public Hearing was opened and adjourned last week. He asked for a motion to reopen the Public Hearing. Councilman Beale made a motion to reopen the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. Town Clerk, Chris Masterson, offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Colsey explained the need for this Public Hearing. Al Roberts, Town Attorney, recommended that the Board see if there are any comments from the public. He went on to summarize the Local Law. Councilman Bettina asked how far away from buildings this applies to. Mr. Roberts replied that smokers must be at least 20 feet from Town buildings. Supervisor Colsey opened the floor to the public. Mary Schmalz asked if this would be in place by Community Day. Mr. Roberts answered that it would. This would also apply to smokeless tobacco. Ms. Schmalz then asked if alcohol is permitted in Town parks. Discussion about this topic followed. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Town of Wappinger Page 3 Printed 8/18/2010 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY= NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE "LOCAL LAW NO OF THE YEAR 2010, CREATING CHAPTER 201 OF THE TOWN CODE ENTITLED, "SMOKING AND TOBACCO USE PROHIBITED" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on July 218t, 2010, your deponent posted a copy of the "Notice of Public Hearing on "Local Law No._ of the Year 2010, Cresting Chapter 201 of the Town Code Entitled, "Smoking and Tobacco Use Prohibited", on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. �-� &-c- hn C. Masterson Town Clerk Town of Wappinger Sworn before rle the 151h day of July, 2010 NOTARY PUBLIC MARK LIEBERMANN Notary Public - State of New York No. 01 L16199007 Qualified in Dutchess County My Commission Expires October 12, 2013 11� SOUTHERN NORTHERN 84 EAST WAPPINGERS DUTCHESS NEWS DUTCHESS NEWS MAIN STREET FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #85918 State of NEW YORK SS: County of DUTCHESS I, JOAN MILLER, being duly sworn, depose and say: that I am the Publisher of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 07/21/10. Sworn to before me his 21st day of July, 2010 Q�tc Gc,�821al�-- NANCY RYDUKE Notary Public, State of NEW YORK fry No. 01HY6221990 Qualified in DUTCHESS County My commission expifeq` June 14,; 2014 JU(E1?Ot0 T O]w-OwNwAPpINGER CLERK A&%jo ojoui uEug pZ,3o Salo olp'm aaaap 0901100 wis P041V v '`Silva' uoguiddtm Oi0Z3c Sar yOp B pan100.0.1 'aSaiicC d ';t ittapnls )r-Osi173� timeaupanresiri inter !est and citizens shall' ,have an opportun ityto 'be heard astowhether the Town Board of the Town of � Wappinger' shall adopt'Local Law N& ' ' oftheYear 2010. ' PLEASE TAKE FUR- 'THER > NOTICE that the purpose and intent of the proposed Local; Law is to prohibit smoking and tobacco' ...use on all Town, owned, leased, and/or ' maintained buildings and/orfacil- ities, public parks, 'public playgrounds, and public recreation, I fields. PLEASE TAKE' FUR ITHER NOTICE that; the -Town Board has4 determined that pur ;suant 4 to 6 NYCRR; 617.5 (c)(20) the pro-,! !posed adoption of the 'aforementioned Lo- cal Law is a Type llac- 'tion not requiring envi- ronmental review pur= suant to the State En- vironmental ' Quality Review Act,tSEQRA) or pursuant to focal LawNo.6of1992and,'; accordingly, no envi-' ronmental review has been undertaken: PLEASE TAKE F.UR THER NOTICE that copies of the pro- posed Local Law No. of the Year 2010 are available for review and inspection 1 at the Office of ;the; Town Clerk on week -1 days from 8:30 a. m. to , 4:00 p.m., attheTown l Hall, . 20 Middlebush Road, Wappingers`, Falls New York. Dated: July 15, 2010 BY ORDER OF THEI TOWN; BOARD OF!, THETOWN9FWAP PINGER JOHN'` C. MASTER - SON, TOWN CLERK Pouphkee#5-te Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie NOTICE OF PUBLIC NEARING TOWN OF WAPPINGER NOTICE AS HEREBY GIVEN 'that' the Town Board; of.'.the''Town of W ppingger will conduct aUBLIC HEARING ' on the 9th; Yof Auggust, 2010, at 7:00 p.m. at the Town Hall, ,-Town 'of -W pinger "20: Middle - Is bus Wappingers Falls, New York, at which time all parties In Interest and citizens shall have an opportuni- ty to be heard as to to the Town' Board of the Town of Wagpinger shall adopt Local Law No. _ of the Year 2010. PLEASE" TAKE FUR- THER NOTICE that the purpose and Intent of, the proposed Local Law Is to prohibit smoking and tobacco use on all Town owned, leased and/or maintained buildings and/or facili- ties, . public parks, pub- lic playgrounds: and Board has that purs NlYCRR 61' 4f,C „MPIfI Local Law Is a Type action not requiring i vironmental review pi suant to the State .?n' ronmental ;Quality . F view' Act (SEQRA) pursuant to�Local ''L has tion'at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 0.m„ at the Town. Hall, 20 Middle - bush Road;' Wappingers Falls, New York- Dat ork Dated:luly 1S, 2010 By ORDER OF THE TOWN BOARD OF THE ' TOWN OF WAPPINGER JOHN C. MASTER - SON, TOWN CLERK 7600 Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2010 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said ne spaper for one insertion cessively, in each week, commencing on the 21st. 00 of July in the year of 2010 and the following dates thereafter, namely on.- And n: And ending on the day of _ in the year of 2010 , both days inclusive. 1� Subrib d and sworn to before me this ca" day of in the ye.3rof 2010_. Now)- Pybltc ,,W,X commission expires 7 Z 0` ROSE AN SI Notary Public, tateof New York No. 01S16215893 Qualified in Dutchess County Commission Expires January 4, 2014 I,, 9 W �O N a L rO I Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2010 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said ne spaper for one insertion cessively, in each week, commencing on the 21st. 00 of July in the year of 2010 and the following dates thereafter, namely on.- And n: And ending on the day of _ in the year of 2010 , both days inclusive. 1� Subrib d and sworn to before me this ca" day of in the ye.3rof 2010_. Now)- Pybltc ,,W,X commission expires 7 Z 0` ROSE AN SI Notary Public, tateof New York No. 01S16215893 Qualified in Dutchess County Commission Expires January 4, 2014 I,, 9 Regular Meeting Minutes August 16, 2010 IX. Resolutions RESOLUTION: 2010-244 Resolution Creating the Position of Payroll Clerk Appointing a Payroll Clerk WHEREAS, the Town Board of the Town of Wappinger desires to create the position of Payroll Clerk; and WHEREAS, the Dutchess County Department of Personnel has advised that Regina Dauzat is reachable for a permanent appointment to the position of Payroll Clerk pursuant to Civil Service Law Regulations and Guidelines; and WHEREAS, the Town Board desires to appoint Ms. Dauzat as Payroll Clerk NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby creates the position of Payroll Clerk; and BE IT FURTHER RESOLVED, that Regina Dauzat is permanently appointed to the position of Payroll Clerk on a full-time basis and that Ms. Dauzat shall be compensated at the rate of ; and BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to prepare and execute all documents required by the Dutchess County Department of Personnel in connection with creation of the position of Payroll Clerk and appointment of Regina Dauzat as Payroll Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-244 ❑ Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter ❑ 0 ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ 0 Defeated Tabled Vin [lent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby tabled. RESOLUTION: 2010-235 Resolution Introducing Local Law No. _ of the Year 2010, Amending Section 122-16 of the Town of Wappinger Code WHEREAS, the Town Board has determined that it is necessary to increase the fees charged by the Town in order to maintain revenues consistent with the expenses incurred to operate the services; and WHEREAS, on January 4, 2010, and January 25, 2010, the Town Board, by Resolutions 2010- 56 and 2010-61, approved and adopted a new fee schedule for various fees charged by the Town of Wappinger, and the proposed Local Law is intended to codify those increases; and WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act ("SEQRA"). 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 introduces for adoption Local Law No. of the Year 2010 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR § 617.5(c)(20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act ("SEQRA") or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of the Year 2010, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13`x' day of September, 2010, at 7:00 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. Town of Wappinger Page 4 Printed 8/18/2010 Regular Meeting Minutes The foregoing was put to a vote which resulted as follows: August 16, 2010 ✓ Vote Record - Resolution RES -2010-235 Method Amount of Purchase Contract $0 to $500 Purchase order signed only by department head Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter J ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-249 Resolution Authorizing the Town Supervisor of the Town of Wappinger to Suspend the Procurement Policy in Respect to Purchase Orders under the Proposed Sum of Five Hundred Dollars for Non -Highway Department Purchases WHEREAS, the Town Board adopted Town Code Chapter 46: Procurement Policy, on March 25, 1996; and WHEREAS, the Town Board last amended Town Code Chapter 46: Procurement Policy through Local Law No 1 of 2005, on January 24, 2005; and WHEREAS, the Town Board affirmed the Procurement Policy establishing the purchase procedures for the Town of Wappinger at the Annual Reorganization meeting of 2010; and WHEREAS, Town Code §46-5: Methods of purchase for goods, services, and public works contracts outlines the following procedures: Estimated Method Amount of Purchase Contract $0 to $500 Purchase order signed only by department head $501 to $1,250 Purchase order signed by department head and countersigned by Town Supervisor; no countersignature of Supervisor is required for Highway Department purchases if purchase order is signed by Highway Superintendent $1,250.01 to 2 verbal quotations; purchase order signed by department head and $5,000 countersigned by Supervisor $5,000.01 to 3 written/fax quotations or written request for proposals; purchase $9,999.99 order signed by department head and countersigned by Supervisor $10,000 and over Formal bid pursuant to General Municipal Law § 103 Estimated Amount of Method Public Works Contract $0 to $500 Purchase order signed only by department head $501 to $1,250 Purchase order signed by department head and countersigned by Town Supervisor; no countersignature of Supervisor is required for Highway Department purchases if purchase order is signed by Highway Superintendent $1,250.01 to $5,000 2 Verbal quotations; purchase order signed by department head and countersigned by Supervisor $5,000 to $10,000 3 written/fax quotations or written request for proposals; purchase order signed by department head and countersigned by Supervisor $10,000.01 to 3 written/fax quotations or written request for proposals; purchase order signed $19,999.99 by department head and countersigned by Supervisor $20,000 and over Formal bid pursuant to General Municipal Law § 103 WHEREAS, national, state and local economic circumstances are of a concern to the Town Board in respect to limiting expenses borne upon Town of Wappinger residents; and WHEREAS, the Town of Wappinger is diligently reviewing the budget status on a quarterly basis, to include the year-to-date status of revenues, expenses and fund balances. THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes Town Supervisor Christopher Colsey to suspend, through December 31, 2010, Town Code §46-5(A), which states "$0 - $500 Purchase order signed only by department head" for non -Highway Department purchases. THEREFORE, BE IT FURTHER RESOLVED that the Town Board hereby directs all Town of Wappinger Page 5 Printed 8118/2010 Regular Meeting Minutes August 16, 2010 non -Highway Department proposed purchase orders in accordance with Town Code §46-5(A) to be presented to the Town Supervisor and Town Accountant prior to the initiation of any purchases. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-249 0 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder EI ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-250 Resolution Authorizing a Change of Employment Status and Authorization to Initiate Employment for Employees within the Parks and Maintenance Department WHEREAS, the Town Board, through resolution 2010-129, approved the hiring of the following seasonal parks and maintenance employees on April 12, 2010: NAME START DATE RATE BUDGET LINE Frank McKinney March 29 $14.88 A7110.103 Bernie Roe April 5 $12.24 A7110.106 John Mighore April 12 $11.88 A7110.107 Vincent LaVacca April 12 $11.88 A7110.106 Tom McKinney May 3 $11.88 A7110.105 Jonathan Harris May 24 $9.00 A7110.107 WHEREAS, Jonathan Harris was hired on May 24, 2010, per resolution 2010-186, at the rate of $9.00, as funded through budget line A7110.107; and WHEREAS, there exists a full-time vacancy effective June 25, 2010, due to the voluntary termination of Joseph DeRosa, Sr., from budget line A7110.109, funded in the annual amount of $27,932; and WHEREAS, the Supervisor of Buildings and Grounds has recommended, in a memo dated July 23, 2010, that current seasonal employee Tom McKinney be transferred to fulfill the full time vacancy represented by budget line A7110.105, which reflects an hourly salary of $11.88; and WHEREAS, the Supervisor of Buildings and Grounds has further recommended, in a memo dated July 23rd, 2010, that candidate Kenneth M. Donato be hired to fulfill the vacancy created by the aforementioned action to the role of seasonal laborer, with an hourly salary of $11.88 per hour, as paid through Budget Line A7110.105 NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of Buildings and Grounds is hereby authorized to transfer Tom McKinney to the role of full time laborer at the hourly rate of $11.88 from Budget Line A7110.105 to fulfill the vacancy incurred due to the voluntary termination of Joseph DeRosa, Sr., effective August 16, 2010. BE IT FURTHER RESOLVED, that the Supervisor of Buildings and Grounds is hereby authorized to initiate the employment of Kenneth M. Donato to the role of seasonal/part- time laborer at the hourly rate of $11.88 from Budget Line A7110.105, effective August 16, 2010. BE IT FURTHER RESOLVED, that the Supervisor of Buildings and Grounds is to provide written advice to the Town Board no later than September 30, 2010, in respect to the annual termination schedule of the seasonal employees. Town of Wappinger Page 6 Printed 8/18/2010 Regular Meeting Minutes The foregoing was put to a vote which resulted as follows: August 16, 2010 ✓ Vote Record - Resolution RES -2010-250 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Initiator 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-251 Resolution Authorizing a Public Hearing on the Intended Use of Community Development Block Grant Funds WHEREAS, the Dutchess County Department of Planning and Development is soliciting applications for the 2011 Community Development Block Grant Program; and WHEREAS, the Town of Wappinger intends to make application for a Community Development Block Grant pursuant to the Dutchess County Department of Planning and Development's Community Development Block Grant Program for calendar year 2011; and WHEREAS, the Town of Wappinger is required to hold a Public Hearing to discuss the Town's intended use of Community Development Block Grant Funds prior to and in furtherance of making application for said funds. 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 schedules a Public Hearing to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13`h day of September, 2010, at 7:00 P.M., at which time all parties in interest and citizens shall have an opportunity to offer comments and suggestions on the Town's intended use of Community Development Block Grant Funds being applied for by the Town of Wappinger for calendar year 2011. 3. The Town Board has determined that pursuant to 6 NYCRR 617.5 (c) (20) the proposed adoption of the aforementioned Resolution is a Type II action not requiring environmental review pursuant to the State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 and, accordingly, no environmental review has been undertaken. 4. John C. Masterson, Town Clerk to the Town of Wappinger, is hereby directed to post and publish the Notice of Public Hearing in the form annexed hereto which said publications are to be made in the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled Public Hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-251 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 Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-252 Resolution to Authorize Attorney to Retain Expert Witness and Payment of Disbursements in MJW Litigation WHEREAS, the Town Board previously authorized the law firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to interpose an answer and counter -claims in connection with the action brought by MJW Consulting, Inc.; and WHEREAS, the Town of Wappinger was part of a consortium of Southern Dutchess municipalities who had employed MJW Consulting, Inc., to conduct a real property re-evaluation Town of Wappinger Page 7 Printed 8/18/2010 Regular Meeting Minutes August 16, 2010 in conjunction with the other municipalities so as to establish a uniform rate of real property assessment for all of the constituent municipalities; and WHEREAS, several of the municipalities litigating against MJW Consulting, Inc., have agreed to share in the costs of defense including the cost of retaining professional expert witnesses and other common disbursements and expenses. 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 law firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, is hereby authorized to retain the firm of Industrial & Utility Valuation Consultants, Inc., as an expert witness to aid in the defense of the litigation and to aid in the prosecution of the Town's counterclaims. 3. The law firm is also authorized to purchase hard drives with the other municipal defendants at an approximate cost of $43.50 per each municipality. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-252 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter Rl ❑ ❑ ❑ ❑ Defeated William Beale Initiator El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder a ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-253 Resolution Authorizing Refund of Unused Escrow for Henshaw Subdivision (Account 07- 5128) WHEREAS, on or about March 5, 2007, Diane Henshaw (hereinafter the "Applicant") filed an application for Subdivision Approval under Application Number 07-5128; and WHEREAS, on or about March 5, 2007, the Applicant deposited Seven Thousand, Five Hundred Dollars and 00/100 ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, an additional deposit in the amount of Seven Thousand, Three Hundred Eighty -Two Dollars and 30/100 ($7,382.30) was made on August 12, 2008; and WHEREAS, the application was approved and the Resolution of Approval was signed by the Planning Board Chairman on January 26, 2010; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Three Thousand, Sixty -Six Dollars and 20/100 ($3,066.20) remains in escrow account number 07-5128, and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of Three Thousand Sixty -Six Dollars and 20/100 ($3,066.20) from escrow account number 07-5128, representing the unused escrow balance for the above project. Town of Wappinger Page 8 Printed 8/18/2010 Regular Meeting Minutes August 16, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-253 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator ❑ ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-254 Resolution Appointing Part -Time Assessor's Aid WHEREAS, the Town Board appointed a part-time Assessor's Aid through Resolution 2009-149, on April 13, 2009; and WHEREAS, funding has been appropriated within the Town of Wappinger Budget for a part-time Assessor's Aid through line item A1355.104 in the annual amount of $12,719; and WHEREAS, the position was vacated on May 10, 2010; and WHEREAS, the position has the primary responsibility of preparation and maintenance of assessment records under the general supervision of the Town CAP Assessor; and WHEREAS, the Town CAP Assessor has proposed filling such vacancy in his memo dated August 4, 2010; and WHEREAS, the Dutchess County Department of Personnel has determined the part-time position to be exempt from the requirement to utilize a competitive Civil Service list, therefore allowing the Town of Wappinger to seek a candidate through direct recruitment methods; and WHEREAS, the Town Board hereby appoints to the position of part- time Assessors Aide with the Town of Wappinger Assessor's Office, at the hourly rate of $16.30 and a weekly schedule not to exceed fifteen (15) hours, from Budget Line A1355.104. 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 Supervisor to initiate part-time employment at a schedule not to exceed a 15 hour per week schedule for the position of Assessors Aide from budget line A7140.104, in accordance with the personnel practices and policies of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-254 Yes/Aye No/Nay Abstain A❑❑ent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ 0 ❑ Tabled Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby tabled. RESOLUTION: 2010-255 Resolution Awarding Bid for Installation of Emergency Generator at Highway Garage WHEREAS, by Resolution No. 2010-192, adopted on the 10th day of May, 2010, the Town Board authorized the solicitation of bids for the procurement of an emergency generator at the Town of Wappinger Highway Garage; and WHEREAS, advertisements for bids were duly published and the following bids were received: Town of Wappinger Page 9 Printed 8/18/2010 Regular Meeting Minutes August 16, 2010 Company Total D&M Electrical Contracting $ 99,888.00 Hudson Valley Electrical C&M $103,333.00 Sausto Contracting $112,400.00 Sun Up Enterprises $114,700.00 Filingeri Electrical $128,000.00 P&D Electric $159,200.00 WHEREAS, by letter dated August 3, 2010, Fellenzer Engineering, LLP, has reported that the lowest responsible bidder is D&M Electrical Contracting in the amount of $99,888.00. 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 installation of an emergency generator at the Town Highway Garage to D&M Electrical Contracting in the amount of $99,888.00. 3. The Town Board hereby authorizes the Supervisor to execute the contract documents as prepared by Fellenzer Engineering, LLP, and to issue the Notice of Award and Notice to Proceed to D&M Electrical Contracting after the Attorney to the Town has confirmed that D&M Electrical Contracting has signed the contract documents and has supplied the necessary documents as required by the scope of work. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-255 Yes/Aye No❑Nay Abstain Abs ❑nt a Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter l� ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator a ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecld Seconder 21 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-256 Resolution Authorizing the Supervisor and/or the Attorney to the Town to Enter into a Memorandum of Understanding Tolling the Statute of Limitations in Connection with Potential Litigation Involving PETNY WHEREAS, the Workers' Compensation Board (WCB) has assumed the responsibility for the administration and distribution of assets of Public Entity Trust of New York (PETNY), a municipal group self insurance trust in which the Town of Wappinger was formerly a constituent member; and WHEREAS, PETNY is alleged to be insolvent; and WHEREAS, the WCB has levied assessments against all of the former constituent members of PETNY; and WHEREAS, the Town of Wappinger, along with several other constituent members, has disputed the assessments, alleging that the methodology adopted by the WCB is contrary to the New York State Constitution, New York State Statutes and New York State Regulations applicable to Workers' Compensation; and WHEREAS, the WCB and several former members of PETNY have jointly agreed on a Memorandum of Understanding (MOU) which would toll the applicable statute of limitations, that is extend the time within which the Town of Wappinger and the other former members of PETNY may bring a legal challenge to the assessments made by the WCB; and WHEREAS, as consideration for the tolling of the statute of limitations, the WCB will require the former members to pay fifty percent (50%) of the 2010 Final Assessment Charges levied against the Town of Wappinger as the rate corresponding to the longest repayment plan available, to wit, $3,397.41 per month, during the term of the agreement. 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 Members have read the MOU and understand the provisions thereof. Town of Wappinger Page 10 Printed 8/18/2010 Regular Meeting Minutes August 16, 2010 3. The Town Board hereby authorizes the Town Supervisor, Christopher J. Colsey, or Attorney to the Town, Albert P. Roberts, to execute the MOU by and on behalf of the Town in substantially the form attached hereto. 4. The Town Board further authorizes the Town Attorney, Albert P. Roberts, to negotiate any amendments to the MOU deemed necessary to preserve the Town's rights to bring an appropriate action to challenge the methodology adopted by the WCB. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-256 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 Czarniecki Seconder 0 ❑ ❑ ❑ ❑ withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-257 Resolution Authorizing Seasonal Employment within the Parks and Maintenance Department WHEREAS, the Town Board, through resolutions 2010-129 and 2010-186, approved the hiring of the following seasonal parks and maintenance employees; NAME RATE BUDGET LINE Frank McKinney $14.88 A7110.103 Bernie Roe $12.24 A7110.106 John Migliore $11.88 A7110.107 Vincent LaVacca $11.88 A7110.106 Tom McKinney $11.88 A7110.105 Jonathan Harris $9.00 A7110.107 WHEREAS, there exists a seasonal vacancy effective August 12, 2010, due to the voluntary termination of Bernie Roe from budget line A7110.106; and WHEREAS, the Supervisor of Buildings and Grounds has recommended, in a memo dated August 6, 2010, that candidate John Sullivan be hired to fulfill the aforementioned vacancy to the role of seasonal laborer, with an hourly salary of $11.88 per hour as paid through Budget Line A7110.106. NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of Buildings and Grounds is hereby authorized to initiate the employment of John Sullivan to the role of seasonal laborer at the hourly rate of $11.88 from Budget Line A7110.106, effective immediately. BE IT FURTHER RESOLVED, that Supervisor of Buildings and Grounds is to provide written advice to the Town Board no later than September 30, 2010, in respect to the annual termination schedule of the seasonal employees. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-257 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ ❑ Tabled withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 11 Printed 8/18/2010 Regular Meeting Minutes August 16, 2010 RESOLUTION: 2010-258 Resolution Waiving Thirty Day Liquor Authority License Hold Period for JTD Enterprises of Dutchess County, LLC. D/B/A Joey's Italian -American Restaurant WHEREAS, JTD Enterprises of Dutchess County, LLC., d/b/a Joey's Italian -American Restaurant, located at 235-237 Myers Corners Road in the Town of Wappinger, by letter received by the Town Clerk on July 28, 2010, has applied for their Liquor License with the New York State Liquor Authority as required by law; and WHEREAS, the Town Board of the Town of Wappinger takes no exception to the approval of the Liquor License and hereby waives its right to a thirty (30) day hold on JTD Enterprises of Dutchess County, LLC., d/b/a Joey's Italian -American Restaurant application. 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 of the Town of Wappinger hereby waives its right to require a thirty (30) day hold upon JTD Enterprises of Dutchess County, LLC., d/b/a Joey's Italian -American Restaurant Liquor License application. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-258 0 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-264 Order Calling Public Hearing in the Matter of the Establishment of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York (the "Town"), has duly caused to be prepared a map showing the boundaries of a proposed sewer district in said Town, to be known as United Wappinger Sewer District in the Town of Wappinger (hereinafter, the "United Wappinger Sewer District" or simply, the "District") a general plan to serve said District, and a report of the proposed method of operation thereof including capital improvements therefore and an estimate of cost thereof; and WHEREAS, said map, plan and report, including an estimate of the cost, dated August 5, 2010, were prepared by Morris Associates Engineering Consultants, PLLC, competent engineers duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof, including estimate of cost; and WHEREAS, the boundaries of said District shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said District consist of the District's share of the cost of construction of improvements at the Tri -Municipal Wastewater Treatment Plant relating to water removal of sludge thereat, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $316,000; and WHEREAS, the proposed method of financing the cost of said improvements consists of the issuance of not to exceed $316,000 serial bonds of said Town maturing in annual installments over a period not exceeding forty years, which will be payable in the first instance from an annual assessment upon the several lots or parcels of land in said District which the Town Board shall determine and specify to be specially benefitted thereby in proportion to the benefit derived therefrom, in the manner provided by law, in an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due and Town of Wappinger Page 12 Printed 8/18/2010 Regular Meeting 10 Minutes August 16, 2010 payable; and WHEREAS, the estimated cost of hook-up fees to the typical property in said District being a single family house is $0.00; and WHEREAS, the estimated cost of said District to the typical property, being a single family home therein, is $474.61 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid; and WHEREAS, a detailed explanation of the manner by which were computed said estimated costs of hook-up fees and first-year costs to typical property has been filed in the office of the Town Clerk at the Town Hall in Wappingers Falls, New York, where the same are available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, the Tri -Municipal Sewer Commission as Lead Agency has determined will not result in any significant environmental effects and SEQRA compliance materials are on file in the office of the Commission where they may be inspected during normal office hours, and the establishment of said District is likewise a Type II Action; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of said District and the improvements proposed therefor, all pursuant to Section 209-d of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 13th day of September 2010, at 7:00 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of a sewer district in said Town as described in the preambles hereof, to be known as to United Wappinger Sewer District, and the improvements proposed therefor, and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order, together with the "Notice of Adoption", to be published once in the official newspaper of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 3. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-264 Yes/Aye No/Nay AFIstain Absent 0 Adopted Christopher Colsey Initiator 0 ❑ ❑ ❑ ❑ Adopted as Amended Adoptedfeated William Beale Seconder IBJ ❑ ❑ ❑ ❑ Vincent Bettina Voter 10 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 21 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter I1 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. New Business Councilwoman Czarniecki New Business Councilwoman Czarniecki noted that she has solicited bids for a sign to be put up at Town Hall. One vendor has returned an estimate. She will have more information to give at the next Meeting. Councilman Bettina New Business Councilman Bettina asked if the ROTC activity needs to be approved by Resolution. Councilman Beale noted that this was approved pending a "hold harmless" agreement. He noted that everything is in order and will begin August 23rd. He also pointed out that there are still Town of Wappinger Page 13 Printed 8/18/2010 NJ Regular Meeting Minutes August 16, 2010 hanging limbs on the property. Supervisor Colsey added that the estimates he has received to take the limbs down are approximately $10,000. Councilman Beale New Business Councilman Beale stated that he has an ongoing issue with a resident of Pleasant Lane. He claimed that Bob Kalaka is living in the house and would like to use the Recycle Center, but he has no proof that he lives in Wappinger. Councilman Bettina asked if Mr. Kalaka has a lease as proof of residency. Councilman Beale replied that Mr. Kalaka does not live on Pleasant Lane. He explained that Mr. Kalaka inherited the property. Mr. Kalaka's brother is living in the house, but is maintaining his address as a New Jersey address for employment purposes. Councilman Paoloni commented that the Recycle Center was never intended, even for residents, as a substitute for a dumpster. Councilman Beale replied that the resident wants to use his car to transport items to the Recycle Center. Councilman Paoloni recommended telling Graham Foster, Highway Superintendent, that Mr. Kalaka is approved to use the site. Councilman Beale recommended issuing this resident a temporary pass on Town letterhead. Supervisor Colsey asked for a motion to approve this. Councilwoman Czamiecki made a motion to put together a temporary pass to accommodate Mr. Kalaka so that he can dispose of some items from his father's home. The motion was seconded by Councilman Beale and passed unanimously. Motion To: put together a temporary pass to accommodate Mr. Kalaka so that he can dispose of some items from his father's home RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Councilwoman Czarniecki New Business Councilwoman Czarniecki noted that the house on Wildwood Drive is still standing, with a car in the driveway. Councilman Bettina asked if the home was sold. Al Roberts, Town Attorney, noted that he had heard the same thing. Councilman Paoloni New Business Councilman Paoloni thanked Supervisor Colsey for putting together a Resolution for an issue at 18 Montfort Road. He also thanked the Supervisor for putting together a Resolution for the gas station on New Hackensack Road. Councilman Beale noted that some entity is dropping off clothes bins around the Town. Councilman Bettina recommended that the Zoning Administrator look into this. Discussion followed. Councilman Beale New Business Councilman Beale noted that the Comprehensive Plan is being held up because the Town Planner, David Stolman, is unavailable. Supervisor Colsey confirmed that Mr. Stolman will be out of town for two weeks. Mr. Stolman has proposed putting a final document on the Agenda for the September 13th Town Board Meeting. Councilman Beale then asked if it was necessary to have a Town Board Meeting on August 23rd, 2010. Supervisor Colsey noted that, if the Board would like to cancel that Meeting, they should vote to add an additional packet of bills to this Meeting. The Board agreed to do that. Councilman Beale made a motion to cancel next week's Meeting, as a result of having this rescheduled Meeting tonight. The motion was seconded by Councilman Bettina and passed unanimously. Motion To: cancel next week's Meeting RESULT: ADOPTED [UNANIMOUS] E MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Supervisor Colsey New Business Supervisor Colsey asked Bob Gray, Engineer to the Town, for an update on the Steinhaus Lane street light issue. Mr. Gray noted that Graham Foster, Highway Superintendent, has been given what he needs to get the foundation done. Mr. Gray is not sure what Mr. Foster has done Town of Wappinger Page 14 Printed 8/18/2010 Regular Meeting Minutes August 16, 2010 so far. Discussion about this issue followed. Supervisor Colsey then noted that he and Councilman Paoloni have discussed having lights over the courts at the Montfort Road complex. Councilman Paoloni added that they had discussed an ice skating rink there as well. Supervisor Colsey then noted that Spook Hill Park is regularly vandalized. There is no lighting at that park. They are considering installing lighting at the park to face the pavilion. Discussion about the Fleetwood and Thorn Acres parks followed. XI. Items for Special Consideration Motion To: add Resolution to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2010-265 Resolution Adopting Local Law No. 2 of the Year 2010, Creating Chapter 201 of the Town Code Entitled, "Smoking and Tobacco Use Prohibited" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing proposed Local Law No. of the Year 2010, Creating Chapter 201 of the Town Code entitled, "Smoking and Tobacco Use Prohibited"; and WHEREAS, the Public Hearing was duly advertised in the Poughkeepsie Journal and the Southern Dutchess News, the official newspapers of the Town; and WHEREAS, the Public Hearing was held on August 16, 2010, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to Environmental Review; and WHEREAS, the Town Board of the Town of Wappinger, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 2 of the Year 2010, Creating Chapter 201 of the Town Code entitled, "Smoking and Tobacco Use Prohibited", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-265 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 withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 15 Printed 811812010 LOCAL LAW NO.2 OF THE YEAR 2010 A Local Law entitled Local Law No. 2 of the Year 2010, Creating Chapter 201 of the Town Code entitled, "Smoking and Tobacco Use Prohibited." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger Local Law No. 2 of the Year 2010, Creating Chapter 201 of the Town Code entitled, "Smoking and Tobacco Use Prohibited." Section H: Legislative Intent: The Town Board acknowledges that significant health risks have been determined to be attributable to environmental tobacco smoke (ETS) including lung cancer, heart disease, respiratory infection and decreased respiratory function. According to the United States Environmental Protection Agency (EPA), ETS, also known as secondhand smoke, has proven to be carcinogenic and has been designated a Group A Carcinogen responsible for three thousand (3,000) lung cancer deaths each year in non-smoking adults, and tobacco smoking is responsible for the premature deaths of over four hundred forty thousand (440,000) Americans each year from lung cancer, heart disease, respiratory illness and other disease. The EPA also concludes that ETS causes other significant health problems in adults and children, including increasing the risks of respiratory and middle ear disease, and has contributed to an estimated one hundred fifty thousand (150,000) to three hundred thousand (300,000) cases of bronchitis and pneumonia in infants and young children each year. Tobacco kills more Americans each year than alcohol, cocaine, crack, heroin, homicide, suicide, accidents, fires, and AIDS. It is estimated that eighty percent (80%) of smokers started before the age of eighteen (18), and the average age of initiation is twelve (12) years. Exposure to ETS significantly worsens the condition of up to one million asthmatic children and contributes to an estimated twenty-six thousand (26,000) new cases of asthma each year. Tobacco smoking, tobacco use, and involuntary exposure to ETS present a substantial and serious health risk to children, residents, and workers of the Town of Wappinger. It is the intent of this Town Board to preserve and improve the public health and to help promote role model non-smoking behavior to children and youth and to provide the residents and workers of the Town of Wappinger and their families with a safe, smoke-free environment. Section III: Creation of Chapter 201: "SMOKING AND TOBACCO USE PROHIBITED." Chapter 201 of the Town Code of the Town of Wappinger is hereby adopted to read as follows: "CHAPTER 201 § 201-1. Definitions. A. "Town owned building" shall mean any building, structure or enclosed outdoor area owned, leased, used or operated by the Town of Wappinger or any of its departments, and used for the conduct of public business, including but not limited to, the Town Hall, the Emergency Services Building, the Highway Department Buildings, and any buildings, structures or enclosed areas located at any Town owned park, recreation area, playground including, but not limited to, all buildings located at the Carnwarth Estate, Schlathaus Park, Pye Lane recreation areas and tennis courts, Robinson Lane recreation areas, etc. B. "Town owned parks, recreation areas or playgrounds" shall include all parks, playgrounds and recreation areas owned, leased, used, operated and maintained by the Town of Wappinger, or the Town of Wappinger Recreation Committee, including but not limited to, the Robinson Lane Recreation Fields, the Pye Lane Recreation Facilities, Schlathaus Park, Airport Drive Recreation Field, Quiet Acres Recreation Field, Castle Point Recreation Park, etc. C. "Smoking" means to inhale or exhale the smoke of burning tobacco or tobacco substitute and also to carry burning tobacco or tobacco substitute in the form of a cigarette, cigar, or any other smoke producing product or device including pipes. D. "Tobacco use" shall include smoking and the chewing of tobacco. § 201-2. Smoking and Tobacco Use Prohibited. A. Tobacco smoking and tobacco use shall be prohibited in all Town owned buildings, owned, leased, used, operated or maintained by the Town of Wappinger or any department of the Town of Wappinger without exception. B. Tobacco smoking and tobacco use shall also be prohibited within twenty (20) feet of any Town owned building not located in a park, recreation area or playground such as the Town Hall, the Emergency Services Building, the Highway Department buildings or the buildings at the Camwath Estate in the area not covered by the Preservation Covenant. C. Tobacco smoking and tobacco use shall be prohibited in all Town owned parks, playgrounds, and recreation areas. D. The Town Board further determines and declares that all Town owned parks, playgrounds and recreation areas shall be designated as "Tobacco Free Zones". § 201-3. Posting of "Smoking and Tobacco Use Prohibited" Sims. "Smoking and Tobacco Use Prohibited" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted at each entrance to any Town owned building or facility where smoking is prohibited including all Town owned or leased buildings and at all Town owned public parks, public playgrounds and public recreation areas. "Tobacco Free Zone" signs shall also be posted at the entrances to each Town owned park, recreation area and playground. § 201-4. Enforcement. This Local Law shall be enforced by the Code Enforcement Officers of the Town of Wappinger, any police agency having jurisdiction in the Town of Wappinger including, but not limited to, the New York State Police or the Dutchess County Sheriff. § 201-5. Violation and Penalties. A. It is a violation for any person to smoke or use tobacco in any area where smoking is prohibited by the provisions of this Local Law. B. Any person who is convicted of violating any provision of this Article shall be subject to a civil fine not to exceed Two Hundred Dollars ($200.00) per violation." Section IV: Numbering for Codification. I J 9 It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section V: Severability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable, had been specifically exempt therefrom. Section VI: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by Municipal Home Rule Law. Regular Meeting Minutes August 16, 2010 XII. Town Board Review of Vouchers RESOLUTION: 2010-259 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: 201ONN Vendor A (Townwide) AM (Ambulance) B (PartTown) DB (Highway) Central Hudson $3,642.22 Central Hudson $71.09 Central Hudson $173.39 Central Hudson $70.58 Montfort Brothers $226.80 NyComCo $427.00 $1,340.00 Platt's Locksmith $125.00 Poughkeepsie Journal Poughkeepsie Journal Royal Carting $22,054.55 Signal Graphics Sedore & Company $2,356.00 Bottini Fuel $4,711.74 West Payment $138.00 West Payment $124.00 Al Roberts $202.16 All Roberts Al Roberts $8,834.89 $3,916.50 Al Roberts $1,914.00 Al Roberts $627.00 All Roberts All Roberts $740.00 Al Roberts $1,218.00 Al Roberts $33.00 HO Penn $30.09 Kent Automotive $285.11 Bostwick Sales $15.00 Arkel Motors $83.33 Adams Power Equip $325.00 CSEA $2,301.66 Dept of Water Supply $75.24 Noco Energy $712.60 Emblem $7,220.22 $457.09 Justice Court $25,571.25 Tilcon $1,197.64 Grainger $234.75 Perma $10,598.00 $18,016.60 $75,245.80 Staples $25.66 Staples $30.58 Staples $168.72 Staples $73.52 Staples $339.98 Staples $38.82 Fellenzer Engineering Business Automation $1,400.00 S & S Worldwide $1,255.07 S & S Worldwide $1,503.01 David Varco $25.00 Wells Fargo $369.53 $373.56 George Kolb $157.50 Town of Wappinger Page 16 Printed 811812010 Regular Meeting Minutes August 16, 2010 Transcare CB (Greenway Trail) $32,916.66 HFT (Underground Fuel tanks) HG (Carnwath Project) Stormwater Managemnt $75.00 Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Van DeWater & Van Dewa $43.50 Hannaford's $2.69 Cardiac Life $205.00 GreatAmerica Leasing $563.07 $137.11 Delta Dental $1,200.06 $305.67 $75.50 Tru -Green $2,474.00 Totals $90,860.06 $32,916.66 $28,690.66 $86,394.52 2010 Adjusted Budget $3,483,404.00 $395,000.00 $1,353,147.00 $2,553,172.00 YTD Actual Expended $2,038,752.63 $263,333.28 $751,233.62 $1,623,186.69 YTD Encumbered $6,130.00 $0.00 $0.00 $16,812.90 YTD available budget balance $1,438,521.37 $131,666.72 $601,913.38 $913,172.41 YTD available budget bal % 41.30% 33.33% 44.48% 35.77% Unreserved Fund $ (90,918.98) $198,154.99 $ 170,883.54 $ 587,351.25 balance/(deficit) as of $33.00 $75.00 $33.00 $396.00 8/11/2010 Al Roberts Deficit Vendor CB (Greenway Trail) CBG (Challenger Baseball Field) HFT (Underground Fuel tanks) HG (Carnwath Project) Central Hudson Central Hudson Central Hudson Central Hudson Montfort Brothers NyComCo Platt's Locksmith Poughkeepsie Journal $137.11 Poughkeepsie Journal $75.50 Royal Carting Signal Graphics Sedore & Company Bottini Fuel West Payment West Payment Al Roberts Al Roberts Al Roberts $33.00 $75.00 $33.00 $396.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts HO Penn Kent Automotive Bostwick Sales Arkel Motors Adams Power Equip CSEA Dept of Water Supply Noco Energy Emblem Justice Court Tilcon Grainger Perma Staples Staples Staples Staples Town of Wappinger Page 17 Printed 8/18/2010 Regular Meeting Minutes August 16, 2010 Staples Staples Fellenzer Engineering Business Automation S & S Worldwide S & S Worldwide David Varco Wells Fargo George Kolb Transcare Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Van DeWater & Van Dewa Hannaford's Cardiac Life GreatAmerica Leasing Delta Dental Tru -Green Totals $33.00 $75.00 $33.00 $608.61 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Unreserved Fund balance/(deficit) as of 8/11/2010 N/A N/A N/A N/A $976.00 $4,348.16 $18,749.82 $19,203.29 $0.00 $0.00 $0.00 $0.00 N/A N/A NIA N/A N/A N/A NIA N/A $ $ (4,348.16) $ $16,811.74 (2,454.50) Montfort Brothers 41,112.67 Deficit Deficit NyComCo Vendor HGC (Highway Garage Reconstruction) HWA (Wapp Park Water Sys Demo) SI (Sewer Improvement # 1) SR (Rockingham Sewer District) Central Hudson Central Hudson Central Hudson Central Hudson Montfort Brothers NyComCo Platt's Locksmith Poughkeepsie Journal Poughkeepsie Journal Royal Carting Signal Graphics $208.17 $208.17 Sedore & Company Bottini Fuel West Payment West Payment Al Roberts All Roberts Al Roberts $627.00 $627.00 Al Roberts All Roberts Al Roberts $93.50 $93.50 Al Roberts Al Roberts Al Roberts $33.00 HO Penn Kent Automotive Bostwick Sales Arkel Motors Adams Power Equip CSEA Dept of Water Supply Noco Energy Town of Wappinger Page 18 Printed 811812010 Regular Meeting Minutes August 16, 2010 Emblem Justice Court Tilcon Grainger Perma Staples Staples Staples Staples Staples Staples Fellenzer Engineering $1,900.00 Business Automation S & S Worldwide S & S Worldwide David Varco Wells Fargo George Kolb Transcare Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Van DeWater & Van Dewa Hannaford's Cardiac Life GreatAmerica Leasing Delta Dental Tru -Green Totals $1,900.00 $33.00 2010 Adjusted Budget N/A N/A YTD Actual Expended $73,856.89 $31,776.00 YTD Encumbered $0.00 $0.00 r. YTD available budget balance N/A N/A YTD available budget bal % N/A N/A Unreserved Fund balance/(deficit) $ 118,289.04 $ 73,224.00 as of 8/11/2010 67 $639,509.00 $357,675.53 $0.00 $281,833.47 44.07% $ 68,034.02 $928.67 $420,816.00 $268,376.58 $0.00 $152,439.42 36.22% $ (94,186.98) Deficit Vendor SV (Phase 3A Sewer) T92 (Escrow) WU (Wappingers United) Central Hudson Central Hudson Central Hudson Central Hudson Montfort Brothers NyComCo Platt's Locksmith Poughkeepsie Journal Poughkeepsie Journal Royal Carting Signal Graphics $208.17 $208.17 Sedore & Company Bottini Fuel West Payment West Payment Al Roberts $3,547.50 AI Roberts $165.00 Al Roberts $627.00 Al Roberts AI Roberts Al Roberts $638.00 Al Roberts Al Roberts Al Roberts $33.00 Town of Wappinger Page 19 Printed 8/1812010 Regular Meeting Minutes August 16, 2010 HO Penn Kent Automotive Bostwick Sales Arkel Motors Yes/Aye No/Nay Adams Power Equip Absent 0 CSEA Christopher Colsey Voter Dept of Water Supply ❑ ❑ Noco Energy ❑ Adopted as Amended Emblem Voter 0 Justice Court ❑ ❑ Tilcon Defeated Vincent Bettina Grainger 0 ❑ Perma ❑ $2,119.60 Staples Ismay Czamiecki Seconder Staples ❑ ❑ Staples Staples Voter 0 Staples ❑ ❑ Staples Fellenzer Engineering Business Automation S & S Worldwide S & S Worldwide David Varco Wells Fargo George Kolb Transcare Stormwater Managemnt Stormwater Managemnt $1,150.00 Stormwater Managemnt $375.00 Stormwater Managemnt $750.00 Van DeWater & Van Dewa Hannaford's Cardiac Life GreatAmerica Leasing Delta Dental Tru -Green Totals $1,473.17 $5,987.50 $2,360.77 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Unreserved Fund balance/(deficit) as of 8/1112010 $1,275,278.00 $938,414.30 $0.00 $336,863.70 26.41% $ 590,972.11 N/A N/A N/A N/A N/A N/A $1,579,922.00 $1,218,071.47 $692.16 $361,158.37 22.86% $1,147,853.32 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of August 16, 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 -2010-259 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 Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 20 Printed 8118/2010 Regular Meeting Minutes August 16, 2010 RESOLUTION: 2010-260 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: 201OKK Vendor A (Townwide) B (PartTown) DB (Highway) SI (Sewer Improvement # 1) CAMO Pollution $600.00 $311,376.41 43.45% 48.69% DC Office For The Aging $993.75 783,296.02 97,576.09 Poughkeepsie Journal $58.30 Poughkeepsie Journal Southern Dtc News Southern Dtc News $57.00 DC Sheriff DC Sheriff $4,350.13 $12,041.32 Orkin Pest Control $132.76 $68,272.22 Tri Muni Sewer Comm $68,272.22 Brady's Power Equip $76.50 Justice Court Fund $22,436.00 Dorraine Scofield $1,100.00 Conrad Geoscience $2,500.00 Reserve Account $5,500.00 Snap On Tools $57.95 Snap On Tools $60.52 Gellert & Klein $7,911.85 C & C Hydraulics $1,034.44 C & C Hydraulics $1,548.00 C & C Hydraulics $811.50 C & C Hydraulics $1,704.50 Big Top Portables $58.50 Hudson River My Tours $756.00 Jim Osborn $800.00 Fleetpride $69.02 Rossevelt Vanderbilt NHS $80.00 Avello Brothers Paetec $896.77 Totals $45,557.26 1 $14,715.12 1 $5,362.43 1 $68,272.22 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Unreserved Fund balance/(deficit) as of 7/27/2010 $3,483,404.00 $1,882,062.40 $6,130.00 $1,595,211.60 45.79% 40,232.93 $1,353,147.00 $693,206.58 $0.00 $659,940.42 48.77% (40,026.98) Deficit $2,553,172.00 $639,509.00 $1,440,521.36 $328,132.59 $3,362.50 $0.00 $1,109,288.14 $311,376.41 43.45% 48.69% $ $ 783,296.02 97,576.09 Vendor SR SV (Rockingham (Phase 3A Sewer Sewer) District) CAMO Pollution DC Office For The Aging Poughkeepsie Journal Southern Dtc News DC Sheriff Orkin Pest Control Tri Muni Sewer Comm $53,100.62 $68,272.22 T33 (Parkland Trust) Town of Wappinger Page 21 Printed 8/18/2010 Regular Meeting Minutes August 16, 2010 Brady's Power Equip Justice Court Fund Dorraine Scofield Conrad Geoscience Reserve Account Snap On Tools Snap On Tools Gellert & Klein C & C Hydraulics C & C Hydraulics C & C Hydraulics C & C Hydraulics Big Top Portables Hudson River My Tours Jim Osborn Fleetpride Rossevelt Vanderbilt NHS Avello Brothers $9,374.25 Paetec Totals $53,100.62 $68,272.22 $9,374.25 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Unreserved Fund balance/(deficit) as of 7/27/2010 $420,816.00 $247,407.74 $0.00 $173,408.26 41.21% (73,233.25) Deficit $1,275,278.00 $918,926.04 $0.00 $356,351.96 27.94% 610,437.31 N/A $69,088.95 $0.00 N/A N/A 492,135.14 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 August 16, 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 -2010-260 A B DB WF (Townwide) (PartTown) (Highway) (Fleetwood Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-261 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: 2010JJ Vendor A B DB WF (Townwide) (PartTown) (Highway) (Fleetwood Town of Wappinger Page 22 Printed 811812010 Regular Meeting Minutes August 16, 2010 2010 Adjusted Budget $3,483,404.00 $1,353,147.0 $2,553,172.0 $98,108.00 0 0 Water) Central Hudson $84.89 $662,239.57 $1,416,075.0 $37,348.90 Central Hudson $80.99 5 Central Hudson $451.32 $0.00 $7,253.21 $0.00 Central Hudson $2,212.46 $690,907.43 $1,129,843.74 $60,759.10 Central Hudson $128.24 Montfort Brothers 46.29% 51.06% $384.00 61.93% Pitney Bowes $636.00 $ $ $ Southern Dtc News $165.02 801,643.86 34,180.57 MVP $7,448.87 $2,552.24 $16,065.36 MVP Gold $2,444.50 Deficit EMS Associates $94.50 EMS Associates $68.50 Adams Power Equip $263.85 Mid Hudson NYSBOC $25.00 Mid Hudson NYSBOC $25.00 Mid Hudson NYSBOC $25.00 Village of Fishkill $7,264.45 Hillman Signs $68.00 Hillman Signs $111.50 Staples $152.99 Zee Medical $69.45 Spiegel Brothers $180.00 Sal Morello $25.00 Telvent DTN $537.00 David Varco $44.94 DC Airport Landfill $8,532.03 Toshiba $476.71 Poland Spring $217.60 ASCAP $177.92 Michael Krisko $188.50 CDW-G $867.81 R Costa $111.50 Big Top Portables $58.50 Big Top Portables $78.50 Cornerstone $417.34 $78.42 Natnl Sury and Secur $1,733.00 Amazon $118.91 Wilson Oil $2,991.30 Hannaford $2.64 Joni Bracone $50.00 Jonathan Wong $30.00 Totals $18,111.00 $11,793.70 $20,570.60 $7,264.45 2010 Adjusted Budget $3,483,404.00 $1,353,147.0 $2,553,172.0 $98,108.00 Town of Wappinger Page 23 Printed 8/18/2010 0 0 YTD Actual Expended $1,862,895.67 $662,239.57 $1,416,075.0 $37,348.90 5 YTD Encumbered $8,154.89 $0.00 $7,253.21 $0.00 YTD available budget $1,612,353.44 $690,907.43 $1,129,843.74 $60,759.10 balance YTD available budget bal % 46.29% 51.06% 44.25% 61.93% Unreserved Fund $ 8,654.79 $ $ $ balance/(deficit) as of (9,143.69) 801,643.86 34,180.57 7/22/2010 Deficit Town of Wappinger Page 23 Printed 8/18/2010 Regular Meeting Minutes August 16, 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 August 16, 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 -2010-261 A (Townwide) B (PartTown) DB (Highway) CAMO Pollution $260.00 CAMO Pollution Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiellki Seconder D ❑ ❑ 11❑ Withdrawn Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-262 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: 201OLL Vendor A (Townwide) B (PartTown) DB (Highway) CAMO Pollution $260.00 CAMO Pollution $3,781.80 CAMO Pollution $676.33 CAMO Pollution $25.00 CAMO Pollution $25.00 Central Hudson $67.20 Grinnell Library $14.35 First Unum Life $222.86 $70.91 $151.95 Royal Auto Parts $182.76 Carquest $130.20 Carquest $35.43 $166.37 Brady's Power Equip $59.99 Frederick Clark $3,564.15 Frederick Clark Frederick Clark Baright Enterprises $7.00 $14.00 $3.50 Lowe's $21.98 Staples $46.50 Wells Fargo $324.90 Wells Fargo $168.97 Gellert & Klein $907.50 Gellert & Klein $4,422.00 Gellert & Klein $462.00 Gellert & Klein All State Perfect Comfort $1,850.00 Walmart $16.88 Hannaford's $18.39 ITC-Indep. Tel. Corp $135.00 Town of Wappinger Page 24 Printed 8118/2010 Regular Meeting Minutes August 16, 2010 Totals 1 $12,266.92 1 $5,053.99 1$512.01 2010 Adjusted Budget $3,483,404.00 $1,353,147.00 $2,553,172.00 YTD Actual Expended $1,894,314.97 $698,260.57 $1,441,033.37 YTD Encumbered $6,130.00 $0.00 $3,362.50 YTD available budget balance $1,582,959.03 $654,886.43 $1,108,776.13 YTD available budget bal % 45.44% 48.40% 43.43% Unreserved Fund balance/(deficit) as of $ $ $ 7/28/2010 28,005.15 (45,080.97) 782,784.01 Carquest Deficit Vendor T14 (All State) T92 (Escrow) CAMO Pollution N/A CAMO Pollution YTD Encumbered N/A CAMO Pollution YTD available budget balance N/A CAMO Pollution YTD available budget bal % N/A CAMO Pollution Unreserved Fund balance/(deficit) as of N/A Central Hudson 7/28/2010 Grinnell Library First Unum Life Royal Auto Parts Carquest Carquest Brady's Power Equip Frederick Clark Frederick Clark $17,827.60 Frederick Clark $270.00 Baright Enterprises Lowe's Staples Wells Fargo Wells Fargo Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein $1,170.50 All State $742.24 Perfect Comfort Walmart Hannaford's ITC-Indep. Tel. Corp Totals $742.24 $19,268.10 2010 Adjusted Budget N/A N/A YTD Actual Expended N/A N/A YTD Encumbered N/A N/A YTD available budget balance N/A N/A YTD available budget bal % N/A N/A Unreserved Fund balance/(deficit) as of N/A N/A 7/28/2010 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 August 16, 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 25 Printed 8/1812010 Regular Meeting Minutes August 16, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-262 A (Townwide) B (PartTown) DB (Highway) CB (Greenway Trail) Camo Pollution 0 YTD Actual Expended Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter J ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-263 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: 2010MM Vendor A (Townwide) B (PartTown) DB (Highway) CB (Greenway Trail) Camo Pollution 0 YTD Actual Expended $1,961,388.3 Camo Pollution $1,574,811.99 $943.00 4 Central Hudson YTD Encumbered $2,640.23 $0.00 $16,812.90 $0.00 Platt's Locksmith $288.00 $632,714.23 $961,547.11 N/A Home Depot $49.96 Frontier Comm $22.68 Signal Graphics $253.19 Al Roberts $85.00 Enviro Clean General Code $624.50 Staples $59.08 Wells Fargo $325.59 Aflac Community Energy Duality $2,805.00 Morris Associates $2,030.00 $6,554.00 Morris Associates Morris Associates Morris Associates $2,063.30 Morris Associates Morris Associates Corinne Dyckman $345.00 Audrey Gonzalez $200.00 Hydrovac Excavating Hydrovac Excavating Totals 1$6,182.13 1 $10,015.10 1 $2,063.30 1$85.00 2010 Adjusted Budget $3,483,404.0 $1,353,147.0 $2,553,172.00 N/A 0 0 YTD Actual Expended $1,961,388.3 $720,432.77 $1,574,811.99 $943.00 4 YTD Encumbered $6,130.00 $0.00 $16,812.90 $0.00 YTD available budget $1,515,885.66 $632,714.23 $961,547.11 N/A Town of Wappinger Page 26 Printed 811812010 E+ Regular Meeting Minutes August 16, 2010 balance YTD available budget ball % Unreserved Fund balance/(deficit) as of 8/3/2010 43.52% 46.76% 37.66% $ (29,537.74) $ $ 635,554.99 108,402.70 Deficit N/A $ (2,421.50) Deficit Vendor CBG (Challenger Baseball Field) HFT (Underground Fuel tanks) HG (Carnwath Project) HN (Wappinger United 992R Project) Camo Pollution balance (Wapp YTD available budget bal N/A Camo Pollution Water Tank Unreserved Fund $ (4,273.16) balance/(deficit) as of Central Hudson 8/3/2010 Water Sys Deficit Platt's Locksmith Project) Demo) Home Depot Frontier Comm Signal Graphics Al Roberts Enviro Clean $10,200.00 General Code Staples Wells Fargo Aflac Community Energy Duality Morris Associates $10,216.10 Morris Associates Morris Associates Morris Associates $659.90 $455.80 $4,769.60 Morris Associates Morris Associates Corinne Dyckman Audrey Gonzalez Hydrovac Excavating Hydrovac Excavating Totals $659.90 $10,655.80 $10,216.10 $4,769.60 2010 Adjusted Budget N/A YTD Actual Expended $4,273.16 YTD Encumbered $0.00 YTD available budget N/A balance (Wapp YTD available budget bal N/A Water Tank Unreserved Fund $ (4,273.16) balance/(deficit) as of 8/3/2010 Water Sys Deficit N/A N/A N/A $18,749.82 $18,594.68 $34,472.59 $0.00 $0.00 $0.00 N/A N/A N/A N/A N/A N/A $ 41,112.67 $ $607,976.33 17,420.35 Vendor HNC HWA LC LD (Cider Mill Loop (Wapp (Cameli ( Chelsea Water Tank Park Light) Light) Rehabilitation Water Sys Project) Demo) Camo Pollution Camo Pollution Town of Wappinger Page 27 Printed 8/18/2010 Regular Meeting Minutes August 16, 2010 N/A Central Hudson $775.00 $9,625.00 $78.96 $841.28 $31,743.00 $550.68 Platt's Locksmith YTD Encumbered $0.00 $0.00 $0.00 $0.00 YTD available budget Home Depot N/A $224.32 $3,522.16 balance Frontier Comm YTD available budget bal % N/A N/A 28.94% 36.59% Signal Graphics $ 416,118.73 $ $ $5,651.77 balance/(deficit) as of 8/3/2010 Al Roberts 1,002.67 Al Roberts Enviro Clean Enviro Clean General Code General Code Staples Staples Wells Fargo Wells Fargo Community Energy $125.62 Aflac Duality WJ Community Energy Morris Associates $1.71 $42.45 Morris Associates Duality Morris Associates Morris Associates $168.00 Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Corinne Dyckman Audrey Gonzalez Hydrovac Excavating $18,050.00 Hydrovac Excavating $13,214.50 Totals $168.00 $31,264.50 $80.67 $883.73 2010 Adjusted Budget N/A N/A $775.00 $9,625.00 YTD Actual Expended $1,164.71 $31,743.00 $550.68 $6,102.84 YTD Encumbered $0.00 $0.00 $0.00 $0.00 YTD available budget N/A N/A $224.32 $3,522.16 balance YTD available budget bal % N/A N/A 28.94% 36.59% Unreserved Fund $ 416,118.73 $ $ $5,651.77 balance/(deficit) as of 8/3/2010 73,257.00 1,002.67 Vendor LH (Hughsonville Light) SF (Sewer Fleetwood) SI (Sewer Improvement # 1) SM (Sewer Mid Point) Camo Pollution $7,958.33 $24,541.67 $9,500.00 Camo Pollution Central Hudson $2,418.09 Platt's Locksmith Home Depot Frontier Comm Signal Graphics Al Roberts Enviro Clean General Code Staples Wells Fargo Aflac Community Energy $125.62 Duality Morris Associates Morris Associates Morris Associates Town of Wappinger Page 28 Printed 8/18/2010 1� E Regular Meeting Minutes August 16, 2010 Morris Associates SR (Rockingham Sewer District) SV (Phase 3A Sewer) $3,624.71 T16 (Aflac) Morris Associates $16,166.67 $14,125.00 $13,050.00 $338,469.56 Morris Associates N/A 36.47% 26.54% 34.51% Corinne Dyckman $ (93,144.65) $ 592,566.58 $ N/A Audrey Gonzalez (19, 355.69) Hydrovac Excavating Hydrovac Excavating Totals $2,543.71 $7,958.33 $28,166.38 $9,500.00 2010 Adjusted Budget $33,980.00 $99,100.00 $639,509.00 $116,200.00 YTD Actual Expended $17,540.85 $64,838.31 $356,522.93 $78,511.79 YTD Encumbered $0.00 $0.00 $0.00 $0.00 YTD available budget $16,439.15 $34,261.69 $282,986.07 $37,688.21 balance YTD available budget bal % 48.38% 34.57% 44.25% 32.43% Unreserved Fund $ 23,768.97 $(4,746.84) $ $ balance/(deficit) as of 8/3/2010 69,186.62 (19,748.93) Morris Associates Deficit Deficit Vendor SR (Rockingham Sewer District) SV (Phase 3A Sewer) SW (Sewer Wildwood) T16 (Aflac) Camo Pollution $16,166.67 $14,125.00 $13,050.00 $338,469.56 Camo Pollution N/A 36.47% 26.54% 34.51% Central Hudson $ (93,144.65) $ 592,566.58 $ N/A Platt's Locksmith (19, 355.69) Home Depot Frontier Comm Signal Graphics Al Roberts Enviro Clean General Code Staples Wells Fargo Aflac $417.70 Community Energy Duality Morris Associates Morris Associates Morris Associates Morris Associates $3,624.71 $3,634.71 Morris Associates Morris Associates Corinne Dyckman Audrey Gonzalez Hydrovac Excavating Hydrovac Excavating Totals $19,791.38 $17,759.71 $13,050.00 $417.70 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Unreserved Fund balance/(deficit) as of 8/3/2010 $420,816.00 $1,275,278.00 $161,100.00 N/A $267,323.52 $936,808.44 $105,507.70 N/A $0.00 $0.00 $0.00 N/A $153,492.48 $338,469.56 $55,592.30 N/A 36.47% 26.54% 34.51% N/A $ (93,144.65) $ 592,566.58 $ N/A (19, 355.69) Town of Wappinger Page 29 Printed 8/1812010 Regular Meeting Minutes August 16, 2010 Deficit Deficit Vendor T33 (Parkland Trust) T92 (Escrow) WF (Water Fleetwood) Camo Pollution $39,620.34 $0.00 N/A Camo Pollution N/A N/A $2,200.00 Central Hudson N/A 60.02% Platt's Locksmith $31,945.73 $491,860.63 Home Depot Frontier Comm Signal Graphics Al Roberts Enviro Clean General Code Staples Wells Fargo Aflac Community Energy Duality Morris Associates $552.60 $2,823.20 Morris Associates $67.00 Morris Associates $948.80 Morris Associates $9,305.90 Morris Associates $544.00 Morris Associates $7.00 Corinne Dyckman Audrey Gonzalez Hydrovac Excavating Hydrovac Excavating Totals $552.60 $13,695.90 $2,200.00 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Unreserved Fund balance/(deficit) as of 8/3/2010 N/A N/A $99,108.00 $69,641.55 N/A $39,620.34 $0.00 N/A $0.00 N/A N/A $59,487.66 N/A N/A 60.02% N/A $31,945.73 $491,860.63 Home Depot Vendor WH (Water Watch Hill) WT (Water Tall Trees) WU (Wappingers United) Camo Pollution Camo Pollution $1,516.67 $2,875.00 $65,840.42 Central Hudson Platt's Locksmith Home Depot Frontier Comm Signal Graphics Al Roberts Enviro Clean General Code Staples Wells Fargo Town of Wappinger Page 30 Printed 8/18/2010 11 Regular Meeting Minutes August 16, 2010 Aflac A (Townwide) B (PartTown) DB (Highway) Community Energy $620.00 Duality $3,229.14 Yes/Aye No/Nay Morris Associates Absent 0 $833.40 Morris Associates Voter 0 ❑ Morris Associates ❑ ❑ Adopted as Amended Morris Associates Seconder 0 ❑ Morris Associates ❑ ❑ Defeated Morris Associates Voter 0 ❑ Corinne Dyckman ❑ 1:1 El Tabled Withdrawn Audrey Gonzalez Initiator 0 ❑ Hydrovac Excavating ❑ Hydrovac Excavating Voter 0 ❑ Totals $1,516.67 $2,875.00 $66,673.82 2010 Adjusted Budget $35,300.00 $38,088.00 $1,579,922.00 YTD Actual Expended $18,313.41 $24,192.32 $1,218,071.47 YTD Encumbered $0.00 $0.00 $692.16 YTD available budget balance $16,986.59 $13,895.68 $361,158.37 YTD available budget bal % 48.12% 36.48% 22.86% Unreserved Fund balance/(deficit) as of $ $ 8/3/2010 30,583.04 (2,384.01) $1,147,853.32 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 August 16, 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 -2010-263 A (Townwide) B (PartTown) DB (Highway) CAMO Pollution $620.00 CAMO Pollution $3,229.14 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ 1:1 El Tabled Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-266 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: 201000 Vendor A (Townwide) B (PartTown) DB (Highway) CAMO Pollution $620.00 CAMO Pollution $3,229.14 CAMO Pollution Central Hudson $23.87 Central Hudson $62.90 Central Hudson $410.35 Central Hudson $2,425.38 Town of Wappinger Page 31 Printed 811812010 Regular Meeting Minutes August 16, 2010 DC Office of Aging $11,116.56 $1,353,147.00 $2,553,172.00 Empire $2,932.36 $2,176.60 $5,827.55 Southern Dtc News $6,130.00 $0.00 $18,912.90 Home Depot $17.47 $580,916.69 $886,237.89 Home Depot $114.90 42.93% 34.71% Home Depot $8.91 $ 149,681.85 $ 560,416.73 Home Depot $225.52 Home Depot $11.86 $250.00 Home Depot $288.98 Home Depot $4.28 Mid Hudson Fasteners $68.77 Royal Auto Parts $139.93 Aladin Tent Rentals $915.00 Coffee Systems $187.04 HV Office Furniture $125.00 Red Wing Properties $579.52 General Code Publishers $3,271.00 Tire King $30.00 Tilcon $724.92 Staples $59.08 Conrad Geoscience $480.75 Marilyn Diesing $30.00 Cablevision $274.65 Dick's Sporting Goods $344.85 Johnny Dell $800.00 Hudson River Vly Tours $756.00 Amer Lmp Recycling $478.40 Verizon Wireless $277.67 $698.66 Amazon $208.93 $79.97 Wilson Oil $192.15 Vistaprint USA $47.80 Gerri McKeon $25.00 April Evans $180.00 Totals $30,179.50 $3,640.98 $6,651.24 2010 Adjusted Budget $3,483,404.00 $1,353,147.00 $2,553,172.00 YTD Actual Expended $2,096,677.48 $772,230.31 $1,648,021.21 YTD Encumbered $6,130.00 $0.00 $18,912.90 YTD available budget balance $1,380,596.52 $580,916.69 $886,237.89 YTD available budget bal % 39.63% 42.93% 34.71% Unreserved Fund balance/(deficit) as of $ 149,681.85 $ 560,416.73 8/11/2010 $(145,373.83) CAMO Pollution Deficit $250.00 Vendor HG HN WU (Carnwath (Wappinger (Wappingers Project) United United) 992R Project) CAMO Pollution CAMO Pollution CAMO Pollution $250.00 Central Hudson Central Hudson Central Hudson Central Hudson DC Office of Aging Empire Town of Wappinger Page 32 Printed 8/1812010 11 Regular Meeting Minutes August 16, 2010 Southern Dtc News $72.39 Home Depot Home Depot Home Depot Home Depot Home Depot Home Depot Home Depot Mid Hudson Fasteners Royal Auto Parts Aladin Tent Rentals Coffee Systems HV Office Furniture Red Wing Properties General Code Publishers Tire King Tilcon Staples Conrad Geoscience Marilyn Diesing Cablevision Dick's Sporting Goods Johnny Dell Hudson River Vly Tours Amer Lmp Recycling Verizon Wireless Amazon Wilson Oil Vistaprint USA $23.90 Gerri McKeon April Evans Totals 1$72.39 1$250.00 1$23.90 2010 Adjusted Budget N/A N/A $1,579,922.00 YTD Actual Expended $19,275.68 $34,722.59 $1,220,061.49 YTD Encumbered $0.00 $0.00 $0.00 YTD available budget balance N/A N/A $359,860.51 YTD available budget bal % N/A N/A 22.78% Unreserved Fund balance/(deficit) as of $16,739.35 $ Adopted as Amended 8/11/2010 Seconder 607,726.33 $1,146,694.81 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 August 16, 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 -2010-266 Yes/Aye No/❑❑y Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York August 16, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 33 Printed 8/18/2010 Regular Meeting Minutes August 16, 2010 XIII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni The meeting adjourned at 9:14 PM. cp-aL::� O)hn C. Masterson Town Clerk Town of Wappinger Page 34 Printed 8/18/2010