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2010-10-23 SPMTown of Wappi nger 20 Middlebush Road Special Meeting Wappingers Falls, NY 12590 townofwappinger.us - Agenda — Chris Masterson 845-297-5771 Saturday, October 23, 2010 1:00 PM Town Hall 1:00 PM Meeting called to order on October 23, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Adoption of the Agenda IV. Public Comments V. Discussions A. Preliminary Budget Deliberations VI. Resolutions 2010-333. Resolution Confirming the Appointment of a Planning Board Secretary - Zoning Board of Appeals Clerk 2010-334. Resolution Authorizing Re -Levy of Unpaid 2010 Water & Sewer Charges 2010-335. Resolution Waiving Thirty Day Liquor Authority License Hold Period for M. Anthony Enterprises D/B/A Nathan's Famous 2010-336. Resolution Approving Preliminary Budget for Fiscal Year 2011 and Directing a Public Hearing Thereon VII. Special Consideration VIII. New Business IX. Town Board Review of Vouchers 2010-337. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-338. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board X. Adjournment Town of Wappinger Page 1 Printed 1012212010 Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Special Meeting townofwappinger.us ^ Minutes — Chris Masterson William Beale 845-297-5771 Saturday, October 23, 2010 1:00 PM Town Hall Call to Order Supervisor Christopher Colsey called the meeting to order at 1:01 PM on October 23, 2010. Attendee Name Organization Title Status Arrived I Departed Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Late 1:05 PM 4:00 PM Ismay Czarniecki Town of Wappinger Councilwoman Late 1:05 PM Joseph Paoloni Town of Wappinger Councilman Present Pledge of Allegiance Adoption of the Agenda Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Joseph Paoloni ABSENT: Vincent Bettina, Ismay Czarniecki IV. Public Comments Motion To: open the floor for Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Joseph Paoloni ABSENT: Vincent Bettina, Ismay Czarniecki Public Comments There were no comments from the public. Motion To: close the floor for public comments RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] William Beale, Councilman Joseph Paoloni, Councilman Christopher Colsey, William Beale, Joseph Paoloni Vincent Bettina, Ismay Czarniecki Town of Wappinger Page 1 Printed 10/26/2010 Special Meeting Minutes October 23. 2010 V. Preliminary Budget Deliberations Motion To: allow the Town Accountant to change the name of the contingency line item in the budget to payment of debt RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Councilman Bettina Statement (departure) Councilman Bettina stated for the record that it was 4:00 O'clock, he put in half a day and he has to leave for a family commitment. Supervisor Colsey asked Mr. Bettina if he could stay to vote for the A Fund. Councilman Bettina answered that he would like to see the whole budget before he will vote for anything. He asked if they were going to be meeting on Monday. Councilman Beale asked if he expects to meet every day. Councilman Bettina replied that he put in 5 hours yesterday and 4 hours today, and he has a family commitment. He went on to say that he was told that the Meeting was to take place at 5:00 PM and it was switched to 1:00 PM by text message. Supervisor Colsey noted for the record that the quorum has changed. Councilman Bettina noted for the record that he put in four hours at the end of the day. He again noted that he was told that the Meeting would take place at 5:00 PM and then it got changed to 1:00 PM. Supervisor Colsey explained that Councilman Bettina left early from that Meeting as well, and that is why he did not know of the time change. Councilman Bettina stated that he left at 5:05 PM and everyone else left at 5:10 PM. Councilman Beale and Councilwoman Czamiecki clarified that they did not leave until at least 5:30 PM. Discussion followed. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Christopher Colsey, Supervisor AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni A. Executive Session - Personnel Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, Czamiecki, Paoloni Motion To: go out to RFP for Town professionals RESULT: DEFEATED [2 TO 21 MOVER: Joseph Paoloni, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, Joseph Paoloni NAYS: William Beale, Ismay Czamiecki ABSENT: Vincent Bettina Town of Wappinger Page 2 Printed 10/26/2010 Snpcial Meetine Minutes October 23, 2010 VI. Resolutions RESOLUTION: 2010-336 Resolution Approving Preliminary Budget for Fiscal Year 2011 and Directing a Public Hearing Thereon WHEREAS, the Town Supervisor, as Budget Officer, pursuant to Section 106 of the Town Law, has presented the Tentative Budget to the Town Board for review, examination and possible revision; and WHEREAS, the Tentative Budget for calendar year 2011 has been submitted to the Town Board in accordance with Town Law § 106; and WHEREAS, New York State Town Law § 108 requires that the Town Board must hold a public hearing on the Preliminary Budget on or before the Thursday immediately following the general election in November; and WHEREAS, Town Law § 109 requires the adoption of a Final Budget on or before November 20, 2010; and WHEREAS, the Town Board has reviewed the Tentative Budget and has made changes thereto deemed reasonable and appropriate. 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. Pursuant to and in accordance with the provisions of Section 106 of the Town Law, and other applicable provisions of law, the annexed detailed statement of estimated expenditures and revenues is hereby approved and adopted as the Preliminary Budget of the Town of Wappinger for the fiscal year beginning January 1, 2011. 3. The Preliminary Budget adopted herein shall forthwith be filed in the Office of the Town Clerk in the Town of Wappinger where it shall be available for public inspection on weekdays between 8:30 a.m. and 4:00 p.m. 4. The Town Board of the Town of Wappinger shall meet at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 4th day of November, 2010, at 6:00 p.m., and then and there shall hold a Public Hearing upon such Preliminary Budget. 5. The Town Clerk of the Town of Wappinger shall give Notice of such Public Hearing in the format attached hereto by publishing Notice thereof in the Southern Dutchess News, the official newspaper of the Town of Wappinger, and also in the Poughkeepsie Journal, at least five (5) days prior to the scheduled Public Hearing and the Town Clerk shall cause a copy of said Notice to be posted on the sign board of the Town no later than five (5) days before the scheduled Public Hearing. 6. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-336 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 October 23, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-333 Resolution Confirming the Appointment of a Planning Board Secretary - Zoning Board of Appeals Clerk WHEREAS, the Town of Wappinger incurred a vacancy for the position of Planning Board Secretary -Zoning Board of Appeals Clerk due to an internal promotion; and WHEREAS, representatives from the Planning Board and Zoning Board of Appeals initiated the recruitment of candidates through print media advertisements and conducted Town of Wappinger Page 3 Printed 10126/2010 Special Meeting Minutes October 23, 2010 interviews on October 6, 2010; and WHEREAS, the respective Chairs of the Boards provided a recommendation for employment via written memo dated October 8, 2010; and WHEREAS, the 2010 Town of Wappinger Budget reflects appropriations for the joint position through budget lines B8010.100 and 88020.100; and WHEREAS, the Town Board authorized the Town Supervisor, through Resolution 2010- 323, to appoint a Planning Board Secretary -Zoning Board of Appeals Clerk consistent with the recommendations of respective Boards; and WHEREAS, the candidate declined the offer due to personal availability conflicts; and WHEREAS, the representatives from the Planning Board and Zoning Board of Appeals deliberated and authorized the Planning Board and Zoning Board of Appeals Chairs to issue a letter of recommendation for an alternate candidate; and WHEREAS, the Town Board has considered the recommendation of the Planning Board and Zoning Board of Appeals, and hereby appoints to the position of Planning Board Secretary -Zoning Board of Appeals Clerk at the annual salary of 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 confirms the appointment of as Planning Board Secretary -Zoning Board of Appeals Clerk jointly directed by and under the joint supervision of the Planning Board and the Zoning Board of Appeals. 3. The salary for the Planning Board Secretary -Zoning Board of Appeals Clerk shall be provided in equal shares from budget lines B8010.100 and B8020.100 in the annual amount of ($ ) in accordance with the Town of Wappinger 2010 Budget. 4. The Town Board hereby authorizes the Town Supervisor to extend an offer of employment to the aforementioned candidate in accordance with this resolution. 5. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-333 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Initiator 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated 0 Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 23, 2010 The Resolution is hereby tabled. RESOLUTION: 2010-334 Resolution Authorizing Re -Levy of Unpaid 2010 Water & Sewer Charges WHEREAS, the last day for payments to be made at Town Hall for unpaid water/sewer accounts is November 16, 2010. 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. Debbie Brown, Water/Sewer Billing Clerk to the Town of Wappinger, is hereby authorized to forward all unpaid water/sewer accounts to the Dutchess County Department of Real Property Tax on November 18, 2010, to be re -levied upon the 2010 County Land Tax bills. Town of Wappinger Page 4 Printed 10/26/2010 Special Meeting Minutes October 23, 2010 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution KLn-Zu1U-aa4 Christopher Colsey Seconder Yes/Aye 0 No/Nay ❑ Abstain ❑ ❑ Absent ❑ ❑ 0 Adopted ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ 0 ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ 0 Dated: Wappingers Falls, New York October 23, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-335 Resolution Waiving Thirty Day Liquor Authority License Hold Period for M. Anthony Enterprises D/B/A Nathan's Famous WHEREAS, M. Anthony Enterprises, d/b/a Nathan's Famous, located at 1491 Route 9 in the Town of Wappinger, by letter received by the Town Clerk on October 21, 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 M. Anthony Enterprises d/b/a Nathan's Famous 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 M. Anthony Enterprises d/b/a Nathan's Famous Liquor License application. The foregoing was put to a vote which resulted as follows: lir.. ✓ Vote Record - Resolution AM Yes/Aye No/Nay Abstain Absent * Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 23, 2010 The Resolution is hereby duly declared adopted. VIII. Town Board Review of Vouchers RESOLUTION: 2010-337 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 m claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2010AAA Vendor A (General AM B Townwide) (Ambulance) (General PartTown) CAMO Pollution Central Hudson $280.92 Central Hudson $2,175.87 Town of Wappinger Page 5 Printed 10/26/2010 Special Meeting Central Hudson Central Hudson Marshall/Sterling Verizon Platts Locksmith Mid Hudson Fateners Tri Muni Sewer Comm NYS Unemployment Bostwick Sales Donald Seifts Williams Lumber Tilcon Staples EJ Prescott Cablevision Transcare Michael Krisko Verizon Wireless Delta Dental Sam's Club Totals 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Unreserved fund balance/(deficit) as of 10/19/2010 Vendor CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Marshall/Sterling Verizon Platts Locksmith Mid Hudson Fateners Tri Muni Sewer Comm NYS Unemployment Bostwick Sales Donald Seifts Williams Lumber Tilcon Staples EJ Prescott Cablevision Transcare Michael Krisko Verizon Wireless Delta Dental Sam's Club DB (Highway) $258.67 $462.63 $243.03 $225.10 $220.53 Minutes October 23, 2010 $64.08 $27.86 $100.00 $25.99 $1,301.00 $3,417.00 $280.22 $274.65 $302.56 $1,265.22 $293.79 $9,809.16 $32,916.66 $32,916.66 $1,240.81 $21.83 $598.90 $305.67 J$2,167.21 J $3,483,404.00 $395,000.00 $1,353,147.00 $2,873,082.80 $329,166.60 $1,190,973.99 $4,636.00 $0.00 $0.00 $605,685.20 $65,833.40 $162,173.01 17.39% 16.67% 11.98% $ (527,319.02) $ $ (15,638.02) 132,378.95 Deficit SI (Sewer Improvement # 1) $67,007.58 Deficit SR (Rockingham Sewer District) $52,117.01 Town of Wappinger Page 6 Printed 10/26/2010 Snecial Meeting Minutes October 23, 2010 Totals $1,409.96 1 $67,007.58 $52,117.01 2010 Adjusted Budget $2,553,172.00 $639,509.00 $420,816.00 YTD Actual Expended $1,997,953.04 $514,349.64. $362,322.27 YTD Encumbered $172,387.25 $0.00 $0.00 YTD available budget $382,831.71 $125,159.36 $58,493.73 balance 6.49% 10.21% N/A YTD available budget bal % 14.99% 19.57% 13.90% Cummulative Unreserved fund $ 38,069.97 $ 70,167.63 $ (82,834.18) balance/(deficit) as of 10/19/2010 Mid Hudson Fateners Deficit Vendor SV (Phase 3A Sewer) WU (Water Wapp United) T92 (Escrows) CAMO Pollution $1,192,569.55 $1,418,540.83 $255.00 Central Hudson $0.00 $0.00 N/A Central Hudson $82,708.45 $161,381.17 N/A Central Hudson 6.49% 10.21% N/A Central Hudson $ 530,087.50 $ 538,581.38 N/A Marshall/Sterling Verizon Platts Locksmith Mid Hudson Fateners Tri Muni Sewer Comm $67,007.58 NYS Unemployment Bostwick Sales Donald Seifts Williams Lumber Tilcon Staples EJ Prescott $993.76 Cablevision Transcare Michael Krisko Verizon Wireless Delta Dental Sam's Club Totals $67,007.58 $993.76 $255.00 2010 Adjusted Budget $1,275,278.00 $1,579,922.00 N/A YTD Actual Expended $1,192,569.55 $1,418,540.83 N/A YTD Encumbered $0.00 $0.00 N/A YTD available budget balance $82,708.45 $161,381.17 N/A YTD available budget bal % 6.49% 10.21% N/A Cummulative Unreserved fund $ 530,087.50 $ 538,581.38 N/A balance/(deficit) as of 10/19/2010 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 October 21, 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 7 Printed /0126/20/0 Special Meeting Minutes October 23. 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-337 A (General --B Townwide) (General PartTown) DB (Highway) CAMO Pollution 0 Adopted Central Hudson Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter a ❑ ❑ 0 ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 23, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-338 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: 201OBBB Vendor A (General --B Townwide) (General PartTown) DB (Highway) CAMO Pollution Central Hudson $75.16 Central Hudson $219.18 Southern Dtc News $26.30 DC Sheriff $4,052.39 $17,378.17 Orkin $132.76 Sedore & Company $2,356.00 MVP $7,992.94 $2,552.24 $16,065.36 MVP Gold $2,444.50 Nat Fire Preven Assoc $810.00 Chemung Supply $447.50 Frederick Clark $22,248.99 Frederick Clark Frederick Clark Thalle Industries $68.82 Hud Vly NYSBOC $50.00 Village of Fishkill Hud Riv Truck Trailer $1,186.00 Justice Court Fund $21,144.25 Tilcon $1,210.93 Staples $38.46 Staples $50.15 Staples $40.95 Zee Medical $59.66 Telvent $543.40 Toshiba $476.71 Poland Springs $218.50 All State William Beale $117.95 Cornerstone $445.38 $76.39 Clark Patterson Lee $500.00 Clark Patterson Lee Clark Patterson Lee Town of Wappinger Page 8 Printed 10/26/2010 Snecial Meetine Minutes October 23, 2010 Quick Cash Fit Squad Jaime Gallagher $125.00 Elizabeth McGee $125.00 Laurence Farbstein $500.00 Totals $40,496.99 $43,760.04 $19,522.01 2010 Adjusted Budget YTD Actual Expended Y` YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Unreserved fund balance/(deficit) as of 10/20/2010 A Vendor CAMO Pollution Central Hudson Central Hudson Southern Dtc News DC Sheriff Orkin Sedore & Company MVP MVP Gold Nat Fire Preven Assoc Chemung Supply Frederick Clark Frederick Clark Frederick Clark Thalle Industries Hud Vly NYSBOC Village of Fishkill Hud Riv Truck Trailer Justice Court Fund Tilcon Staples Staples Staples Zee Medical Telvent Toshiba Poland Springs All State William Beale Cornerstone Clark Patterson Lee Clark Patterson Lee Clark Patterson Lee Quick Cash Fit Squad Jaime Gallagher Elizabeth McGee Laurence Farbstein Town of Wappinger $3,483,404.00 $2,892,435.54 $4,636.00 $586,332.46 16.83% $ (544,278.12) Deficit WF (Fleetwood) $7,264.45 Page 9 $1,353,147.00 $1,234,734.03 $0.00 $118,412.97 8.75% $ (59,398.06) $2,553,172.00 $2,017,475.05 $172,387.25 $363,309.70 14.23% $ 18,547.96 Deficit T14 (All T92 State) (Escrows) $840.00 $634.60 $10,798.05 $211.00 $8,370.90 $5,404.00 $427.20 $280.10 Printed 1012612010 Special Meeting Minutes October 23, 2010 Totals 1$7,264.45 1$634.60 $26,331.25 2010 Adjusted Budget $99,108.00 N/A N/A YTD Actual Expended $80,911.22 N/A N/A YTD Encumbered $0.00 N/A N/A YTD available budget balance $18,196.78 N/A N/A YTD available budget bal % 18.36% N/A N/A Cummulative Unreserved fund $ 7,350.45 N/A N/A balance/(deficit) as of 10/20/2010 ❑ 0 ❑ Tabled I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority the Town Board at the public meeting of October 21, 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 -2010-338 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ 0 ❑ Tabled Vincent Bettina Voter ❑ ❑ 0 0 ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ ❑ Jos h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 23, 2010 The Resolution is hereby duly declared adopted. IX. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina ........... The meeting adjourned at 6:27 PM. (LngL�� #ohn C. Masterson Town Clerk Town of Wappinger Page /0 Printed 10/2612010