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2010-12-13 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Monday, December 13, 2010 7:00 PM Town Hall 7:00 PM Meeting called to order on December 13, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Public Portion V. Minutes Approval Thursday, November 18, 2010 VI. Correspondence Log 2010-372. Resolution Authorizing the Acceptance of the Correspondence Log VII. Discussions A. GrantsBeacon Group - Bettina B. Friendly Motorcars /Map, Plan & Report - Colsey C. Cerebral Palsy Project/Town Drainage Easement - Colsey D. Reese Park Use - Beale E. Sgt. Mark C. Palmateer Memorial Fund Donation - Beale F. Blackwatch - Paoloni VIII. Public Hearings Local Law No._ of the Year 2010, Entitled "Capital Buy -In Fees for Water and Sewer Districts" IX. Resolutions 2010-373. Resolution Authorizing the Recruitment of Candidates to Fill Vacancies within the Town of Wappinger 2010-374. Resolution Authorizing Employee Vacation Rollover Request 2010-375. Resolution Authorizing Town Supervisor to Solicit Quotes for Pest Control Services 2010-376. Resolution Appointing a Water Meter Reader for the Town of Wappinger Due to Voluntary Vacancy 2010-377. Resolution Authorizing Winterfest at Carnwath Farms 2010-378. Resolution Authorizing Refund of Unused Escrow for Friendly Motorcars, Inc. Site Plan (Account 09-3191/4040) 2010-379. Resolution Terminating Inter -Municipal Cooperation Agreement for Code Enforcement Services with the Town of Union Vale 2010-380. Contract with the CSEA Employee Benefit Fund 2010-381. Resolution Authorizing Final Order in the Matter of the Establishment of United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York 2010-382. Resolution Authorizing the Issuance of $316,000 Serial Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Establishment of United Wappinger Sewer District, in and for Said Town 2010-383. Resolution Authorizing a Grant of License to Construct Drainage Improvements in Connection with the Dutchess Community Living (Hudson Valley Cerebral Palsy Association) Subdivision and Site Plan Approvals 2010-384. Resolution Calling Due the Letter of Credit Posted in Connection with Section 1, Parcel 1, Meadowood Subdivision X. Items for Special Consideration XI. New Business XII. Executive Session A. Attorney Advice - Shared Municipal Service Contract B. Attorney Advice - Land Lease Opportunity C. Health Insurance Contract Review XIII. Town Board Review of Vouchers 2010-385. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Town of Wappinger Page 1 Printed 121812010 Town Board Meeting Agenda December 13, 2010 2010-386. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-387. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-388. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIV. Adjournment Town of Wappinger Page 2 Printed 12/8/2010 Monday, December 13, 2010 Town of Wappinger Town Board Meeting Minutes 11 •♦ I. Call to Order Supervisor Christopher Colsey called the meeting to order at 7:01 PM. 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Town Hall Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Late 7:02 PM Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Bob Gray Town of Wappinger Engineer to the Town Present Al Roberts Town of Wappinger Town Attorney Present Graham Foster Town of Wappinger Highway Superintendent Present II. Salute to the Flag III. Adoption of Agenda Supervisor Colsey Statement Supervisor Colsey noted that some seniors have received erroneous information from the dispatchers at the offices of Dutchess County Dial -A -Ride. Supervisor Colsey explained that the Town of Wappinger is continuing to fund the program. Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni IV. Discussions A. Sgt. Mark C. Palmateer Memorial Fund Donation - Beale Councilman Beale explained that the Town has plans for a monument in memory of Sgt. Mark C. Palmateer. This year, there was a baseball tournament in Sgt. Palmateer's name. Mr. and Mrs. Meybohm were in attendance to present the town with a check for $3000. This money was raised in the course of the tournament. V. Public Portion Motion To: open the floor for Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Comments on the Agenda The first resident to speak was Mary Schmalz. Ms. Schmalz questioned two bills that were in the packets to be approved by the Board. Supervisor Colsey explained what the vouchers were for. Town of Wappinger Page I Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 LM VII. Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni i Minutes Approval Thursday, November 18, 2010 ✓ Vote Record - Acceptance of Minutes for November 18,2010 12:00 PM ` 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Accepted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ Ismay Czamiecki Initiator0 ❑ ❑ ❑ Vincent Bettina Joseph Paoloni Voter _ 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2010-372 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 -2010-372 0 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. VIII. Discussions A. Grants/Beacon Group - Bettina Supervisor Colsey opened the discussion at 7:08 PM. Councilman Bettina noted that representatives from The Beacon Group were present to discuss grant writing opportunities for the Town. Patrick R. Manning, director of The Beacon Group, described some other grants that his firm has had approved. He explained that his firm only gets paid on grants that are awarded. Discussion followed. Supervisor Colsey closed the discussion at 7:16 PM. B. Friendly Motorcars/Map, Plan & Report - Colsey Supervisor Colsey opened the discussion at 7:16 PM. Bob Gray, Engineer to the Town, explained that the map, plan and report, which was authorized by the Town Board, was submitted to Albany about two weeks ago. The Town is waiting on a response. Supervisor Colsey closed the discussion at 7:16 PM. C. Cerebral Palsy Project/Town Drainage Easement - Colsey Supervisor Colsey opened the discussion at 7:16 PM. Al Roberts, Town Attorney, explained that the Cerebral Palsy Association has a project plan on the site of the Masonic Lodge. The plan is for a home for people with cerebral palsy. In order to implement the project, the applicant will need to make certain improvements. The Town Board will need to grant the applicant a license and the applicant will need to take that license back to the Planning Board. Representatives from the Cerebral Palsy Association were on hand to answer questions from the Board. Discussion followed. Supervisor Colsey closed the discussion at 7:18 PM. Town of Wappinger Page 2 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 D. Reese Park Use - Beale Supervisor Colsey opened the discussion at 7:18 PM. Councilman Beale explained that Kevin Lund and Mark Troy were on hand to promote a business opportunity for the Town to consider. The project was "Treetop Adventures at Reese Park". Mr. Lund provided the Board with a copy of the plan and then proceeded to explain the contents of the plan. Mr. Lund is looking for a lease or a license agreement to operate the business at Reese Park. The applicant is not looking for any funding from the Town. Councilwoman Czarniecki asked, since there was no funding being requested of the Town, how the project would be maintained. Mr. Troy explained that the business would maintain the park and the trail using the entrance fees that users of the park would pay. Councilwoman Czarniecki asked for an explanation of the liability exposure. Mr. Troy answered that the company would have an insurance policy covering any guest to the Treetop Adventures. Al Roberts, Town Attorney, recommended that the applicant reach out to the Office of Parks and Recreations. He explained that there are very stringent rules on what can be done with parks in New York State. Mr. Lund replied that other state parks have similar businesses on them. Discussion about the Town's liability exposure followed. Councilman Bettina asked how the Town would receive revenue in this agreement. The applicant explained that they would create a land use agreement between the company and the Town. Councilman Bettina then asked how the users would pay to use the facility. Mr. Troy answered that there would be a welcome center at the main entrance. Users of the Treetop Adventures would pay at the welcome center. There would also be trained guides to assist guests. Councilman Bettina asked if there were any such parks already in place. Mr. Troy replied that there is a similar park in Bolton Landing, NY, and another in Maryland. Councilwoman Czarniecki asked how the applicant plans to accommodate for parking. Mr. Troy explained that visitors would be staggered and, therefore, there would not need to be a lot of parking spaces. Councilman Paoloni asked if the Carnwath property was considered as a possible location for this project. The applicant replied that Carnwath was considered, but Reese Park is an ideal location for this type of project. Discussion followed. Supervisor Colsey asked Mr. Roberts to explain the process that the applicant would need to follow to pursue this project. Mr. Roberts recommended that the applicant first speak with the Office of Parks and Recreation. This project may require special legislation. The project would also need Planning Board approval. The Town would then look to develop a license agreement. Discussion followed. Mr. Troy asked if the Board is interested in this project. Most of the Board expressed interest. Supervisor Colsey closed the discussion at 7:42 PM. E. Blackwatch - Paoloni Supervisor Colsey opened the discussion at 7:42 PM. Councilman Paoloni noted that the Board had discussed the paving issues at the Blackwatch Subdivision during the last Meeting. He went on to note that one of the reasons given for not paving the roads in the subdivision was that a shed is in an easement and needs to be removed. He noted that the shed was approved by the Zoning Administrator and was also in the COO. The resident is now being asked to move the shed. Councilman Paoloni asked for further explanation. Al Roberts, Town Attorney, explained that the shed has nothing to do with the paving. He understands that, when the homeowner made application for the building permit for the shed, he failed to disclose the easement that was on the property. Any resident that makes an application for a building permit is required to submit a plot plan with all easements on it. The shed is over an easement that the Town is going to take over. The Town does not allow any permanent structures or major plantings in any easement area that is taken over by the Town. Councilman Paoloni stated that the Zoning Administrator approved of the shed. Mr. Roberts clarified that the Zoning Administrator does not review the plot plan. It is the applicant's responsibility to disclose the easement. Councilman Paoloni asked how the Zoning Administrator could have approved the shed. Mr. Roberts again pointed out that the applicant failed to disclose the easement. Councilman Paoloni claimed that the resident has told him that the easement was disclosed. He feels that, if the shed was approved due to an error on the part of the Town, the cost of moving the shed should be borne by the Town. Mr. Roberts and Supervisor Colsey explained that it would be borne by the owner. Supervisor Colsey added that there is case law that states that it is the owners responsibility. Mr. Roberts explained that, if Councilman Paoloni hadn't waited to bring this up at the dais, he could have brought the file with him. Councilman Paoloni replied that it was on the Agenda and he had spoken to the Supervisor about it. Discussion followed. Councilman Paoloni then noted that there have been requests made for this particular contractor to put up things like guardrails and concrete curbs. According to Councilman Paoloni, the contractor is telling residents that the Town will not allow the contractor to install such things. He asked that it be made clear that the Town never approved or disapproved these things. He claims that the builders are promising to install these things and then blaming the Town when the Town of Wappinger Page 3 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 items are not installed. The Board then went on to discuss the neighborhood signs that were put up during the implementation of the Beautification Plan. Supervisor Colsey closed the discussion at 7:57 PM. IX. Public Hearings Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Local Law No._ of the Year 2010, Entitled "Capital Buy -In Fees for Water and Sewer Districts" Councilman Bettina made a motion to open 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). Al Roberts, Town Attorney, explained that this would affect residents that are outside of the district that are coming into the district. This is where the Town would have to extend the district boundary to encompass people that were not in the district that weren't paying capital benefit assessments toward the improvements. Councilman Paoloni added that this is to recover some of the costs of the infrastructure that were put in place by the people that built this district. Mr. Roberts described the rates involved in this legislation. Discussion followed. Supervisor Colsey opened the floor to the public. The first resident to speak was Ron Lafko. Mr. Lafko asked if the Board is indicating that residents that are seeking to come into the district will have to pay $4800 just to open up the question to have access. Mr. Roberts answered that, if single lots were going to come into the system, they would have to pay the $4800. Mr. Lafko asked for further clarification. Mr. Roberts noted that the rates are based on the estimate of what the current cost of constructing the plant would be. Without the buy -in, new additions to the district would be getting a free ride. Discussion followed. Councilman Paoloni noted that there are properties in the district that are part of the transmission trunk line. They pay for the over -sized pipe as an insurance policy should those properties be able to get sewer in the future. Mr. Roberts clarified that those properties are not in the district. They are in the pipe area, but not in the district. United Wappinger Sewer District consists solely of Phases 1, 2 and 3A of the original Wappinger Sewer Transmission Treatment Improvement Areas. That had two components. One component was the pipe area that everybody in the overall area paid for. The other was for the lateral districts. That was the area. that paid for the plant expansion at Tri -Muni. The people that are going into what is now the United Wappinger Sewer District will be reimbursing their pro rata share for the plant expansion that was done in 1995 and 1998/1999. Councilman Paoloni commented that there should also be an appropriation made for those residents that are paying for the over -sized trunk line, but aren't getting service. Discussion followed. Supervisor Colsey asked if there were any other comments or questions. There were none. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Town of Wappinger Page 4 Printed 12/21/2010 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON LOCAL LAW NO. OF THE YEAR 2010, CAPITAL BUY -IN FEES FOR WATER AND SEWER DISTRICTS" 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 November 24, 2010, your deponent posted a copy of the "Notice of Public Hearing on Local Law No._ of the Year 2010, Capital Buy -In Fees for Water and Sewer Districts", 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. ohn C. Masterson Town Clerk Town of Wappinger Swor to before me the 24th day of November, 2010 r.. f NOTARY PUBLIC SAR&MU 4 RODCRTI Notary PuW State 0(N9W York Rei. Na O1R06130" Dukhess County My Commission Expires July 18, 2813 SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS 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 #86220 State of NEW YORK SS: County of DUTCHHSS 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 11/24/10. Sworn to befo a me this 24th day of November, 2010 /�Owcx� IhOLAP RANCY HYD KE Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 RECEI D NOS!' 2 4 2010 TOWN OF WAPPINGER TOWN CLERK Paughheep.!5ie .fou Poughkeepsie, N.Y. AFFIDAVIT OF PUBL Nov'2 n 21a e44LERK State of New York County of Dutchess City of Poughkeepsie 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.Infonnation 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 artnexed Notice was duly published in the said newspaper for one ; nse>Ftd nn _ successively, in each -week, commencing on the --24±.h day of Nov. in the year of 2010 land on the following dates thereafter, namely on: ad ending on the _ day of in year of 2010both days inclusive. )s ribed and sworn to before me this day n the year of 2010 Notary Public _omnussion expires IMAMV ti�i---ttr.�.v.� NO. 0106215075 OuallfiNti in Dutchess County Commission Expires December 21, 2019 Town Board Meeting Minutes December 13, 2010 X. Resolutions Motion To: amend Resolution 2010-373 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2010-373 Resolution Authorizing the Recruitment of Candidates to Fill Vacancies Within the Town of Wappinger WHEREAS, the Town Board annually holds a reorganization meeting prior to the first scheduled Town Board meeting of the new fiscal year; and WHEREAS, the annual reorganization meeting includes the appointment of various vacancies; and WHEREAS, the Town Board believes it to be in the best interests of the Town of Wappinger to advertise appointment opportunities to the public; and WHEREAS, the Town Board hereby authorizes the Town Supervisor and Town Clerk to post and publish appointment opportunities for the positions as follows: 1. Town Historian 2. Planning Board Member 3. Zoning Board of Appeals Member 4. Board of Assessment Review Member 5. Recreation Committee Member NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Town Supervisor and Town Clerk to post and publish appointment opportunities as noted above. 3. The Town Board hereby directs the Town Supervisor and Town Clerk to publish legal advertisements in the Town newspapers. 4. The Town Board hereby further directs the Town Supervisor and Town Clerk to publish a classified advertisement in the Southern Dutchess News. 5. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-373 ADOPTED [UNANIMOUS] MOVER: Ismay Czamiecki, Councilwoman SECONDER: William Beale, Councilman 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter a ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn [smay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2010-374 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czamiecki, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czamiecki, Paoloni Town of Wappinger Page 5 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 RESOLUTION: 2010-374 Resolution Authorizing Employee Vacation Rollover Request WHEREAS, the Town of Wappinger Personnel Manual states that fifteen (15) unused vacation days can be carried over to the following year by any non-union employee; and WHEREAS, Barbara Roberti has not used all of her vacation time in excess of the 15 authorized carry over days; and WHEREAS, Barbara Roberti, in a letter dated November 16, 2010, has requested that her twelve (12) excess days, in addition to the allowable fifteen (15) carryover days, totaling twenty-seven (27) carryover days, be carried over to calendar year 2011, a copy of which has been provided to the Town Board in advance of this meeting; and WHEREAS, Debbie Brown has not used all of her vacation time in excess of the 15 authorized carry over days; and WHEREAS, Debbie Brown, in a letter dated December 10, 2010, has requested that her four (4) excess days, in addition to the allowable fifteen (15) carryover days, totaling nineteen (19) carryover days, be carried over to calendar year 2011, a copy of which has been provided to the Town Board in advance of this meeting. 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 Barbara Roberti's request that total twenty- seven (27) days be carried over to calendar year 2011. 3. The Town Board hereby authorizes Debbie Brown's request that total nineteen (19) days be carried over to calendar year 2011. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-374 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 ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-375 Resolution Authorizing Town Supervisor to Solicit Quotes for Pest Control Services WHEREAS, the Town Supervisor discovered that a contract for ongoing pest control services had not been renewed since April 29, 2003; and WHEREAS, the Town Board believes it to be in the best interests of the Town of Wappinger to routinely seek competitive quotes and bids for various services; and WHEREAS, the Town Board hereby resolves to seek competitive quotes in accordance with the Town Procurement Policy. 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 and Town Clerk to i solicit competitive quotes from licensed pest control firms in accordance with the Town Procurement Policy for consideration by the Town Board. Town of Wappinger Page 6 Printed 12/2112010 Town Board Meeting Minutes December 13, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-375 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-376 Resolution Appointing a Water Meter Reader for the Town of Wappinger Due to Voluntary Vacancy WHEREAS, the Town of Wappinger employs Water Meter Readers for the purpose of residential collection of water meter usage data; and WHEREAS, Robert Viola has requested a leave of absence from his position as Water Meter Reader in a memo delivered on November 12, 2010; and WHEREAS, Ron Lafko is hereby appointed as Water Meter Reader for the Town of Wappinger for 2010 in accordance with the compensation enumerated within the Town of Wappinger Budget for Fiscal Year 2010, established at the rate of $1.18 per meter. 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 Ron Lafko as Water Meter Reader for the Town of Wappinger. 3. The salary for the position shall be in accordance with the Town of Wappinger 2010 Budget established at the rate of $1.18 per meter. 4. The remuneration shall be consistent with number of meters read, and the Accounting Office is empowered to issue remuneration upon approval by the Supervisor. 5. The Town Board hereby authorizes the Town Supervisor to extend an offer of employment to the aforementioned candidate in accordance with this resolution. 6. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-376 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 11 11 ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-377 Resolution Authorizing Winterfest at Carnwath Farms WHEREAS, the Town Recreation Department initiated the Winterfest Celebration at Carnwath Farms in 2009; and WHEREAS, the event included recreational snow activities, sleigh rides, and local musical talents; and WHEREAS, the Town Board hereby authorizes the Winterfest event to occur on January 22, 2011, under the direction of the Recreation Department. 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. Town of Wappinger Page 7 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 2. The Town Board hereby authorizes the Winterfest event to occur on January 22, 2011, under the direction of the Recreation Department. The foregoing was put to a vote which resulted as follows: ✓ Vote Record = Resolution RES -2010-377 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder Rl ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator RI ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni - Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-378 Resolution Authorizing Refund of Unused Escrow for Friendly Motorcars, Inc. Site Plan (Account 09-3191/4040) WHEREAS, on or about August 11, 2009, Michael Ostrow, as President of Friendly Motorcars, Inc. (hereinafter the "Applicant"), filed an application for Site Plan Approval under Application Number 09-3191/4040; and WHEREAS, on or about August 12, 2009, the Applicant deposited Twenty -Two Thousand, Five Hundred Dollars and 00/100 ($22,500.00) 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 Nineteen Thousand, Three Hundred Fourteen Dollars and 45/100 ($19,314.45) was made on July 1, 2010; and WHEREAS, the application was approved and the Resolution of Approval was signed by the Planning Board Chairman on August 5, 2010; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Twelve Thousand, Four Hundred Fifteen Dollars and 20/100 ($12,415.20) remains in escrow account number 09-3191/4040 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 Twelve Thousand, Four Hundred Fifteen Dollars and 20/100 ($12,415.20) from escrow account number 09-3191/4040, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-378 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator El ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-379 Resolution Terminating Inter -Municipal Cooperation Agreement for Code Enforcement Services with the Town of Union Vale WHEREAS, by written agreement dated June 12, 2009, the Town of Wappinger entered Town of Wappinger Page 8 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 into an Inter -Municipal Cooperation Agreement with the Town of Union Vale to provide Code Enforcement Services to the Town of Union Vale; and WHEREAS, the Town Board has determined that it is no longer in a position to provide Code Enforcement Services to the Town of Union Vale; and WHEREAS, pursuant to paragraph 3 of the Inter -Municipal Agreement, either party can terminate the agreement upon sixty (60) days notice to the other party; 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 elects to terminate the Inter -Municipal Cooperation Agreement for Code Enforcement Services dated June 12, 2009, with the Town of Union Vale whereby the Town of Wappinger was to provide Municipal Code Enforcement Services to the Town of Union Vale. 3. Pursuant to paragraph 3 of the Inter -Municipal Agreement, the effective date of the termination shall be March 1, 2011. 4. Christopher J. Colsey, Supervisor, and Albert P. Roberts, Attorney to the Town, are directed to take whatever steps are necessary to notify the Town Board of the Town of Union Vale of the Town of Wappinger's determination to terminate the Inter -Municipal Agreement. The foregoing was put to a vote which resulted as follows: ✓ Vote Record . Resolution RES -2010-379 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter ❑ 0 ❑ 0 ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czamiecki Voter ❑ ❑ 0 0 Joseph Paoloni Voter 0 ❑ ❑ 0 Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-380 Contract with the CSEA Employee Benefit Fund WHEREAS, the Town of Wappinger Highway Department is a collective bargaining unit represented by CSEA; and WHEREAS, the CSEA Employee Benefit Fund forwarded a contract on November 18, 2010, for benefits in accordance with the current contract, a copy of which has been forwarded to the Town Board in support of this resolution; and WHEREAS, the Town of Wappinger Attorney to the Town for personnel and labor matters has reviewed the contract and provided a written recommendation to the Town Supervisor to execute such agreement, a copy of which has been forwarded to the Town Board in support of this resolution; and WHEREAS, the Town Board has reviewed the contract with supporting documents and has resolved to authorize the Town Supervisor to execute the contract on behalf of the Town of Wappinger. 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 execute the CSEA Employee Benefit Fund contract on behalf of the Town of Wappinger. Town of Wappinger Page 9 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-380 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Initiator 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-381 Resolution Authorizing Final Order 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, has heretofore duly caused a map, plan and report, including an estimate of cost, to be prepared by a competent engineer, duly licensed by the State of New York, which have been filed in the office of the Town Clerk of said Town in relation to the establishment of United Wappinger Sewer District, in said Town; and WHEREAS, improvements in connection with the establishment of said United Wappinger Sewer 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 thereto, as more fully described in the aforesaid map, plan and report; and WHEREAS, the maximum amount proposed to be expended for said improvements is $316,000; and WHEREAS, said capital project has been determined to be a Type I1 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, will not result in any significant environmental effects and SEQRA compliance materials are available at the office of the Town Clerk for inspection during regular business hours; and WHEREAS, an Order was duly adopted by said Town Board on August 16, 2010, reciting a description of the boundaries of said proposed United Wappinger Sewer District, the improvements proposed therefore, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed, the fact that said map, plan and report were on file in the Town Clerk's office for public inspection, and specifying the 13th day of September, 2010, at 7:00 o'clock P.M., Prevailing Time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same; and WHEREAS, such Order was duly published and posted in the manner and within the time prescribed by Section 209-d of the -Town Law and proof of such publication and posting has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at which time all persons desiring to be heard were duly heard; and WHEREAS, following said public hearing and based upon the evidence given thereat, said Town Board duly adopted a resolution on September 13, 2010 determining in the affirmative all of the questions set forth in subdivision 1 of Section 209-e of the Town Law and approving the establishment of said United Wappinger Sewer District, such resolution being adopted subject to permissive referendum as to which no petition for referendum has been filed; and WHEREAS, notice of the adoption of said resolution was duly published and posted in the manner provided by applicable provisions of the Town Law, and proof of said publication and posting has been duly presented to this Town Board; and WHEREAS, the engineering plan estimates a $0.00 hook up expense for a typical one or two-family home within the proposed Sewer District and an estimated cost to the typical property therein in the first year in which, operation, maintenance, debt service and other charges and expenses are to be paid to be $474.61; and WHEREAS, an application to the Office of the State Comptroller was not required based Town of Wappinger Page 10 Printed 12121/2010 Town Board Meeting Minutes December 13, 2010 upon said typical cost per one or two-family home property in the proposed United Wappinger Sewer District, the threshold in said year being $886.00; and WHEREAS, a detailed explanation of the manner by which were computed said estimated costs of hook-up fees and first year costs to the typical property and typical one or two family homes in said Sewer District, has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject matter; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York, is hereby established, to be bounded and described as set forth in Appendix A attached hereto and made a part hereof. Section 2. - The improvements in connection with the establishment of said United Wappinger Sewer District which consist of said 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 thereto, as more fully described in the aforesaid map, plan and report are hereby authorized and approved. The maximum estimated cost to said United Wappinger Sewer District, pursuant to these proceedings for said improvements shall not exceed $316,000. Said cost of said improvements for said District shall be financed by the issuance of not to exceed $316,000 serial bonds of said Town maturing in annual installments over a period not exceeding forty years, payable from a levy upon the several lots and parcels of land within said United Wappinger Sewer District which the Town Board shall determine and specify to be especially benefitted thereof, 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. Section 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the office of the Clerk of Dutchess County, New York, within ten days after the adoption of this order by this Town Board and to file a certified copy thereof within that time in the office of the State Department of Audit and Control, in Albany, New York, both pursuant to subdivision 1 of Section 209-g of the Town Law. Section 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-381 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-382 Resolution Authorizing the Issuance of $316,000 Serial Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Establishment of United Wappinger Sewer District, in and for Said Town. WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-A of the Town Law, and more particularly an Order of even date herewith, the Town Board of the Town of Wappinger, Dutchess County, New York, has established United Wappinger Sewer District, in the Town of Wappinger (the "Sewer District" or "District"); and WHEREAS, the improvements for said Sewer District shall consist of said District's share (if the cost of the 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 thereto, as more fully described in the map, plan and report prepared in connection with the improvements of such District:. WHEREAS, the maximum amount proposed to be expended by the Sewer District for said improvements is $316,000; and WHEREAS, said capital project has been determined to be a Type Il Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant Town of Wappinger Page l l Printed 12121/2010 Town Board Meeting Minutes December 13, 2010 to the State Environmental Quality Review Act, the implementation of which as proposed, will not result in any significant environmental effects; and WHEREAS, it is now desired to authorize the financing of said improvements proposed for said District; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The improvements proposed for said United Wappinger Sewer District which consist of said District's share of the cost of the construction 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 thereto, as more fully described in the map, plan and report prepared in connection are hereby authorized at a maximum estimated cost of $316,000 Section 2. It is hereby determined that the plan for the financing of said specific object or purpose shall consist of the issuance of $316,000 serial bonds of said Town hereby authorized to be issued pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually assessed upon and collected from the several lots and parcels of land within said United Wappinger Sewer District which the Town Board shall determine and specify to be especially benefitted by the improvements, 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. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Town, including, but not limited to, the power to sell said serial bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to the serial bonds herein authorized including the date, denomination, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby further authorized , at his sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, the date, denominations, maturities and interest payment dates, place or places or payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Town of Wappinger Page 12 Printed 1212112010 Town Board Meeting Minutes December 13, 2010 Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. The validity of such bonds and bond anticipation notes may be contested only if: 1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 13. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-382 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ 0 0 Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-383 Resolution Authorizing a Grant of License to Construct Drainage Improvements in Connection with the Dutchess Community Living (Hudson Valley Cerebral Palsy Association) Subdivision and Site Plan Approvals WHEREAS, Hudson Valley Cerebral Palsy Association ("HVCPA") and its affiliate, Dutchess Community Living ("DCL"), have made application to the Town of Wappinger for Site Plan Approval for the establishment of a residential facility for persons with developmental disabilities at a site located at 150 Meyers Corners Road in the Town (hereinafter the "Community Residence"); and WHEREAS, the Community Residence is to be located on a parcel to be subdivided from premises owned by the Masonic War Veterans of New York; and WHEREAS, the application by HVCPA and DCL requests both Subdivision and Site Plan approvals; and WHEREAS, to implement the construction of the Community Residence, HVCPA and DCL have agreed to undertake certain drainage improvements through a certain easement more particularly through lands of Martinez, Lot 17, filed Map Number 2024 in the Dutchess County Clerk's Office, as well as certain improvements to the Town storm drain system located in Schnabl Ct.; and WHEREAS, the proposed improvements have been approved by Graham Foster, Highway Superintendent and Robert J. Gray, P.E., Engineer to the Town. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby grants a license to HVCPA and DCL to enter upon and within an easement through lands of Martinez, Lot 17, filed Map Number 2024 in Dutchess County Clerk's Office and onto and within Schnabl Ct., a Town highway, for the purpose of constructing such storm drainage improvements and/or reconstruction of the storm drainage lines as are shown on the construction drawings approved by the Town of Wappinger Planning Board in connection with the above referenced subdivision and site plan application. 3. The grant of license is conditioned upon HVCPA and/or DCL and/or their contractors naming the Town of Wappinger as additional insured under their Commercial General Liability Insurance policy with an occurrence limit of not less than $1,000,000.00 with a $2,000,000.00 general liability umbrella. 4. HVCPA and their affiliate DCL or their contractors, shall indemnify and hold harmless the Town against all claims on account of injury, loss or damage arising out of or alleged to arise out of or in connection with the work to be performed hereunder, including all expenses incurred by the Town in the defense, settlement or satisfaction thereof of any such claims, including expenses of legal counsel. Town of Wappinger Page 13 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 XI. 5. This Resolution shall only become operative upon the execution of this Resolution by HVCPA and DCL in the space provided below, indicating their acceptance of the terms and conditions stated herein and upon the approval of the Town of Wappinger Planning Board granting the above described Subdivision and Site Plan approvals to HVCPA and DCL. 6. The license created herein shall terminate two (2) years from the date the resolution of final Subdivision Plat approval and Site Plan approval are granted to HVCPA and DCL by the Town of Wappinger Planning Board. 7. The Town Clerk is hereby directed to send a copy of this resolution to the Planning Board within ten (10) days of its adoption. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-383 Yes/Aye No/Nay Abstain Absent 0 Adopted - Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ 13 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. Items for Special Consideration Motion To: add Resolution 2010-389 to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2010-389 Resolution Eliminating One Position of Full -Time Municipal Code Enforcement Inspector WHEREAS, the Town of Wappinger has created three full-time positions of Municipal Code Enforcement Inspector and all such positions are currently filled; and WHEREAS, for budgetary reasons, the Town Board of the Town of Wappinger has determined that one position of Municipal Code Enforcement Inspector is to be eliminated; and WHEREAS, the employee to be adversely affected by this position elimination shall be the Municipal Code Enforcement Inspector with the least seniority in that position; and WHEREAS, the Dutchess County Department of Personnel has confirmed in writing that the Municipal Code Enforcement Inspector with the least seniority is Susan Dao. NOW, THEREFORE, BE IT RESOLVED, that, effective immediately, the Town Board of the Town of Wappinger hereby eliminates one full-time position of Municipal Code Enforcement Inspector; and BE IT FURTHER RESOLVED, that the least senior of the three full-time Municipal Code Enforcement Inspectors currently employed by the Town of Wappinger, as confirmed by the Dutchess County Department of Personnel, shall be adversely affected by the elimination of this position; and BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to complete any documentation required by the Dutchess County Department of Personnel in connection with the elimination of this Municipal Code Enforcement Inspector position. Town of Wappinger Page 14 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record'- Resolution -RES-2010-389 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman 0 Adopted Colsey, Beale, Bettina, Czarniecki, Paoloni Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Initiator a ❑ ❑ ❑ 11 Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ 11 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. XII. New Business Councilman Bettina New Business Councilman Bettina noted that a resident had asked that a stop sign be put up at the intersection of Michael Drive and Eck Road. The resident also asked why he was not able to tie in to the utilities that run through that area. Councilman Bettina asked the Town professionals to look into the matter. Councilman Beale New Business Councilman Beale asked what the procedure is for residents to request a school bus stop sign on a County Road. Supervisor Colsey answered that the resident would provide a letter to the Town, but the Town would forward the item to the Dutchess County Department of Public Works. It would be their decision to make, but the Town could voice support. Councilman Bettina added that Legislator Incoronato should help the resident as well, as it is a County issue. Graham Foster, Highway Superintendent, noted that the school district should be contacted first. Supervisor Colsey New Business Supervisor Colsey noted that two Highway Department employees have approached him claiming to have ideas to save money and build revenue at the Recycle Center. Supervisor Colsey is creating a committee to discuss the matter with the Highway employees. Councilwoman Czamiecki will be on the committee. Graham Foster, Highway Superintendent, will also be on the committee. Supervisor Colsey then noted that Mr. Foster has submitted a memo calling for a budget transfer. Mr. Foster explained that the main labor budget line will need a budget transfer. He went on to clarify that two employees were laid off, but the amount that was taken out of the budget was more than what the employees were earning. The Highway employees also received salary increases, but the Town Board did not budget for those increases. The short -fall is $60,000. He is proposing that the $60,000 be taking from the DB fund balance to cover the short -fall. Supervisor Colsey will draft a Resolution for the transfer to be on the next Agenda. XIII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni A. Attorney Advice - Shared Municipal Service Contract B. Attorney Advice - Land Lease Opportunity C. Health Insurance Contract Review Town of Wappinger Page 15 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni XIV. Carnwath Update - Steve Frazier ,.. Carnwath Boiler Update - Steve Frazier Steve Frazier, Supervisor of Buildings and Grounds, gave an update on the boilers at Carnwath. Only one boiler is operational. Bottini has advised Mr. Frazier that the burner on the boiler that is out of service is obsolete. Mr. Frazier has received an estimate of $5200 to replace the burner. Discussion followed. Councilman Bettina made a motion to authorize the Supervisor of Buildings and Grounds up to $5500 to be used to repair the boiler at Carnwath. The motion was seconded by Councilman Beale and passed unanimously. Motion To: authorize the Supervisor of Buildings and Grounds up to $5500 to be used to repair the boiler at Carnwath SECONDER: ADOPTED [UNANIMOUS] Vincent Bettina, Councilman William Beale, Councilman Colsey, Beale, Bettina, Czarniecki, Paoloni XV. Town Board Review of Vouchers RESOLUTION: 2010-385 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: 2010HHH Vendor A B (General (General Townwide) PartTown) CAMO Pollution $25.00 CAMO Pollution $25.00 CAMO Pollution $24.00 Central Hudson $72.19 Central Hudson $1,056.27 Central Hudson $65.31 Central Hudson $97.51 DC Planning Federation $10.00 Empire $2,932.36 $2,176.60 Pitney Bowes $636.00 Poughkeepsie Jrnl $125.47 DC Sheriff $3,912.00 $15,983.43 Michael Sheehan Doug Hirsch Arkel Motors Craig Bova Town of Wappinger Page 16 Printed 1212112010 Town Board Meeting Minutes December 13, 2010 NOCO Energy Gannon Municipal Equip Global Translation $420.00 Tilcon Tilcon Grainger Staples $474.56 $35.70 Sraples $22.02 Chris Heady Poland Springs $171.42 All State Joanne Fenton $200.00 Wilson Oil $129.95 STS Wapp $21.00 Hannaford $5.68 Totals $10,090.27 $18,531.20 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Undesignated fund balance/(deficit) as of 11/23/2010 $3,483,404.00 $1,353,147.00 $3,127,293.92 . $1,316,159.64 $2,166.00 $0.00 $353,944.08 $36,987.36 10.16% 2.73% $ (706,519.51) $ 29,034.47 Deficit Vendor DB T14 (Highway) CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson DC Planning Federation Empire Pitney Bowes Poughkeepsie Jrnl DC Sheriff Michael Sheehan Doug Hirsch Arkel Motors Craig Bova NOCO Energy Gannon Municipal Equip Global Translation Tilcon Tilcon Grainger Staples Sraples Chris Heady Poland Springs All State Joanne Fenton $5,827.55 $367.95 $199.13 $506.81 $400.00 $700.56 $22.00 $1,156.47 $405.32 $33.53 $238.78 $799.84 Town of Wappinger Page 17 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 Wilson Oil STS Wapp Hannaford Totals $9,858.10 $799.84 2010 Adjusted Budget $2,553,172.00 N/A YTD Actual Expended $2,308,754.98 N/A YTD Encumbered $13,918.50 N/A YTD available budget balance $230,498.52 N/A YTD available budget bal % 9.03% N/A Cummulative Undesignated fund $ 0 balance/(deficit) as of 11/23/2010 292,273.68 ❑ Defeated 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 December 13, 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 -2010-385 A (General Townwide) B (General PartTown) DB (Highway) CAMO 0 Adopted Central Hudson Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter p 0 ❑ 0 ❑ Defeated William Beale Voter a ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 0 0 0 ❑ Withdrawn Ismay Czarniecki Initiator 21 0 ❑ 11 Joseph Paoloni Voter 0 0 ❑ 0 Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUT[ON: 2010-386 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: 2010III Vendor A (General Townwide) B (General PartTown) DB (Highway) CAMO Central Hudson $65.07 Platts's Locksmith $34.00 Southern Dut News $242.79 Home Depot $42.82 MVP $7,992.94 $2,552.24 $16,065.36 MVP Gold $2,444.50 George Silvestri $248.54 First Unum Life $232.99 $70.91 $151.95 Matthew Meybohm $198.95 Selective Automotive $344.17 Chemung Supply $307.50 Adams Power Equip. $100.94 Hillman Signs $48.50 Hud River Truck Equip $168.00 Town of Wappinger Page 18 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 $3,483,404.00 Justice Court Fund $22,473.00 YTD Actual Expended $3,262,958.02 $1,358,310.96 $2,423,728.57 Staples $56.24 $0.00 $29,626.00 YTD available budget balance $218,279.98 Staples $146.97 YTD available budget bal % 6.27% -0.38% 3.91% NYS Retirement System $124,322.83 $40,540.04 $105,404.13 balance/(deficit) as of 11/30/2010 (816,491.61) DC Purchasing $38.60 Deficit Deficit Christopher Colsey $19.00 Susan Dao $10.00 Gellert & Klein $82.50 Gellert & Klein $432.75 Gellert & Klein $148.50 $449.67 $181.50 Gellert & Klein $2,616.00 Toshiba $476.71 Big Top Portibles $234.00 Big Top Portibles $508.00 Cornerstone $453.39 $76.26 Hud Riv Vly Tours $1,700.00 Cardiac Life Products $505.00 Paetec $735.41 Sam's Club $706.13 Devine Fence Company Stoneykill Contracting Totals $165,716.04 $45,306.33 $122,606.43 2010 Adjusted Budget $3,483,404.00 $1,353,147.00 $2,553,172.00 YTD Actual Expended $3,262,958.02 $1,358,310.96 $2,423,728.57 YTD Encumbered $2,166.00 $0.00 $29,626.00 YTD available budget balance $218,279.98 -$5,163.96 $99,817.43 YTD available budget bal % 6.27% -0.38% 3.91% Cummulative Undesignated fund $ $ $ 161,592.59 balance/(deficit) as of 11/30/2010 (816,491.61) (13,116.85) Deficit Deficit Vendor CB T33 T92 (Greenway (Parkland (Escrows) Trail) Trust) CAMO Central Hudson Platts's Locksmith Southern Dut News Home Depot MVP MVP Gold George Silvestri First Unum Life Matthew Meybohm Selective Automotive Chemung Supply Adams Power Equip. Hillman Signs Hud River Truck Equip Justice Court Fund Staples Staples NYS Retirement System DC Purchasing Christopher Colsey $1,035.00 Town of Wappinger Page 19 Printed 1212112010 Town Board Meeting Minutes December 13, 2010 Susan Dao Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein Toshiba Big Top Portibles Big Top Portibles Cornerstone Hud Riv My Tours Cardiac Life Products Paetec Sam's Club Devine Fence Company $7,994.37 Stoneykill Contracting $66,500.00 Totals $7,994.37 $66,500.00 $1,035.00 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Undesignated fund balance/(deficit) as of 11/30/2010 N/A $9,068.21 $0.00 NIA N/A $ (9,794.04) Deficit N/A $127,369.10 $0.00 N/A N/A 450,323.47 N/A N/A N/A N/A N/A 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 December 13, 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 -2010-386 A (General B DB Townwide) (General (Highway) PartTown) Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Seconder El ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-387 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: 2010JJJ Vendor A (General B DB Townwide) (General (Highway) PartTown) CAMO Pollution CAMO Pollution Town of Wappinger Page 20 Printed 12/2112010 Town Board Meeting Minutes December 13, 2010 CAMO Pollution $3,483,404.00 $1,353,147.00 $2,553,172.00 CAMO Pollution $3,293,137.78 $1,369,311.63 $2,452,432.32 Central Hudson $121.70 $0.00 $29,626.00 Central Hudson $64.08 -$16,164.63 $71,113.68 Central Hudson $146.79 -1.19% 2.79% Central Hudson $1,356.85 $ (24,117.52) $ 132,888.84 Poughkeepsie JmI $203.71 Poughkeepsie JmI Deficit $64.40 Home Depot $29.86 Home Depot $41.56 Home Depot $37.60 James Baisley $1,185.00 James Baisley $910.00 James Baisley $225.00 Bottini Fuel $4,211.23 George Silvestri $144.94 Capital Markets $225.00 Carquest $16.29 Freedom Ford $221.16 Pine Plains Tractor $79.32 Pine Plains Tractor $25.81 Atlantic Pavement $657.80 Thalle Industries $350.92 Jerrick's $313.70 $13.94 Wells Fargo $168.97 Ralph Holt $34.00 Aflac Community Energy DC SPCA $175.00 Michael Krisko $15.26 Morris Associates $2,919.15 $5,742.00 $638.00 Morris Associates $1,278.10 Morris Associates Morris Associates Clark Patterson Lee Clark Patterson Lee $375.00 Perfect Comfort $375.00 Westhook Sand $987..53 Intervent Inc. $271.84 Totals $6,577.23 $6,654.21 $10,395.07 2010 Adjusted Budget $3,483,404.00 $1,353,147.00 $2,553,172.00 YTD Actual Expended $3,293,137.78 $1,369,311.63 $2,452,432.32 YTD Encumbered $2,166.00 $0.00 $29,626.00 YTD available budget balance $188,100.22 -$16,164.63 $71,113.68 YTD available budget bal % 5.40% -1.19% 2.79% Cummulative Undesignated fund $ (833,019.86) $ (24,117.52) $ 132,888.84 balance/(deficit) as of 12/03/2010 Deficit Deficit Vendor CBG HGE HNC (Challenger (Highway (Cider Mill Baseball Field) Emergency Loop Water Generator) Tank Rehabilitation Project) Town of Wappinger Page 21 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 CAMO Pollution CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Jrnl Poughkeepsie Jrnl Home Depot Home Depot Home Depot James Baisley James Baisley James Baisley Bottini Fuel George Silvestri Capital Markets Carquest Freedom Ford Pine Plains Tractor Pine Plains Tractor Atlantic Pavement Thalle Industries Jerrick's Wells Fargo Ralph Holt Aflac Community Energy DC SPCA Michael Krisko Morris Associates $9,633.20 $10,165.60 Morris Associates Morris Associates Morris Associates Clark Patterson Lee $3,725.00 Clark Patterson Lee Perfect Comfort Westhook Sand Intervent Inc. Totals $3,725.00 $9,633.20 $10,165.60 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Undesignated fund balance/(deficit) as of 12/03/2010 N/A $8,106.16 $0.00 N/A NIA $ (8,106.16) Deficit N/A $14,479.80 $0.00 N/A N/A $ (14,479.80) Deficit N/A $18,380.21 $0.00 N/A N/A $ 388,737.63 Vendor HTB LC LD (Town (Cameli Hall Light) Chelsea Boilers) Light) Town of Wappinger Page 22 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 CAMO Pollution CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Jrnl Poughkeepsie JmI Home Depot Home Depot Home Depot James Baisley James Baisley James Baisley Bottini Fuel George Silvestri Capital Markets Carquest Freedom Ford Pine Plains Tractor Pine Plains Tractor Atlantic Pavement Thalle Industries Jerrick's Wells Fargo Ralph Holt Aflac Community Energy DC SPCA Michael Krisko Morris Associates Morris Associates Morris Associates Morris Associates Clark Patterson Lee Clark Patterson Lee Perfect Comfort Westhook Sand $1.71 $42.45 Intervent Inc. Totals 1 $100.80 1 $1.71 1$42.45 1 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Undesignated fund balance/(deficit) as of 12/03/2010 N/A $633.40 $0.00 N/A N/A (7,412.31) Deficit $775.00 $803.94 $0.00 -$28.94 -3.73% 749.96 $9,625.00 $8,957.69 $0.00 $667.31 6.93% 2,800.14 Vendor LH SF SI (Hughsonville (Fleetwood) (Improv 3A) Light) CAMO Pollution Town of Wappinger Page 23 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 CAMO Pollution $7,958.33 $24,541.67 CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Jrnl Poughkeepsie Jrnl Home Depot Home Depot Home Depot James Baisley James Baisley James Baisley Bottini Fuel George Silvestri Capital Markets Carquest Freedom Ford Pine Plains Tractor Pine Plains Tractor Atlantic Pavement Thalle Industries Jerrick's Wells Fargo Ralph Holt Aflac Community Energy $125.62 DC SPCA Michael Krisko Morris Associates $134.00 Morris Associates Morris Associates Morris Associates Clark Patterson Lee Clark Patterson Lee Perfect Comfort Westhook Sand Intervent Inc. Totals $125.62 $7,958.33 $24,675.67 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Undesignated fund balance/(deficit) as of 12/03/2010 $33,980.00 $27,124.16 $0.00 $6,855.84 20.18% $ 14,200.05 $99,100.00 $639,509.00 $97,730.74 $583,394.49 $0.00 $0.00 $1,369.26 $56,114.51 1.38% 8.77% (Rockingham) (3A (11,705.31) 3,513.85 Deficit Collection) Vendor SM SR SV (Mid (Rockingham) (3A Point) Collection) CAMO Pollution CAMO Pollution $9,500.00 $16,166.67 $14,125.00 Town of Wappinger Page 24 Printed 1212112010 Town Board Meeting Minutes December 13, 2010 CAMO Pollution CAMO Pollution Central Hudson' Central Hudson Central Hudson Central Hudson Poughkeepsie Jrnl Poughkeepsie Jrnl Home Depot Home Depot Home Depot James Baisley James Baisley James Baisley Bottini Fuel George Silvestri Capital Markets Carquest Freedom Ford Pine Plains Tractor Pine Plains Tractor Atlantic Pavement Thalle Industries Jerrick's Wells Fargo Ralph Holt Aflac Community Energy DC SPCA Michael Krisko Morris Associates Morris Associates Morris Associates Morris Associates Clark Patterson Lee Clark Patterson Lee Perfect Comfort Westhook Sand Intervent Inc. Totals 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Undesignated fund balance/(deficit) as of 12/03/2010 $134.00 $9,500.00 1 $16,300.67 $116,200.00 $420,816.00 $117,463.39 $395,928.34 $0.00 $0.00 -$1,263.39 $24,887.66 -1.09% 5.91% $ - $ (114,449.90) (28,077.56) Deficit Deficit $134.00 $14,259.00 $1,275,278.00 $1,222,150.38 $0.00 $53,127.62 4.17% $ 502,726.85 Vendor SW SDK T16 (Wildwood) (Keenan (Aflac) Acres) CAMO Pollution CAMO Pollution $13,050.00 CAMO Pollution Town of Wappinger Page 25 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Jrnl Poughkeepsie Jrnl Home Depot Home Depot Home Depot James Baisley James Baisley James Baisley Bottini Fuel George Silvestri Capital Markets Carquest Freedom Ford Pine Plains Tractor Pine Plains Tractor Atlantic Pavement Thalle Industries Jerrick's Wells Fargo Ralph Holt Aflac $356.40 Community Energy DC SPCA Michael Krisko Morris Associates Morris Associates $616.00 Morris Associates Morris Associates Clark Patterson Lee Clark Patterson Lee Perfect Comfort Westhook Sand Intervent Inc. Totals $13,050.00 $616.00 $356.40 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Undesignated fund balance/(deficit) as of 12/03/2010 $161,100.00 NIA N/A $158,716.97 $616.00 N/A $0.00 $0.00 N/A $2,383.03 N/A N/A 1.48% N/A N/A CAMO Pollution (30,252.26) 2,584.00 Central Hudson Deficit Vendor T33 (Parkland) T92 (Escrows) T96 (Escrows) CAMO Pollution $340.00 CAMO Pollution CAMO Pollution CAMO Pollution $5,658.17 Central Hudson Town of Wappinger Page 26 Printed 1212112010 Town Board Meeting Minutes December 13, 2010 Central Hudson Central Hudson Central Hudson Poughkeepsie Jrnl Poughkeepsie JmI Home Depot Home Depot Home Depot James Baisley James Baisley James Baisley Bottini Fuel George Silvestri Capital Markets Carquest Freedom Ford Pine Plains Tractor Pine Plains Tractor Atlantic Pavement Thalle Industries Jerrick's Wells Fargo Ralph Holt Aflac Community Energy DC SPCA Michael Krisko Morris Associates Morris Associates Morris Associates Morris Associates Clark Patterson Lee Clark Patterson Lee Perfect Comfort Westhook Sand Intervent Inc. Totals 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Undesignated fund balance/(deficit) as of 12/03/2010 $95.00 $95.00 $2,944.20 $11,164.20 $63.00 $78.20 $522.00 $1,139.00 $20,247.77 1 $1,661.00 N/A N/A N/A $127,369.10 N/A N/A $0.00 N/A N/A N/A N/A N/A N/A N/A N/A $450,228.47 Vendor WF WH (Water (Water Fleetwood) Watch Hill) CAMO Pollution CAMO Pollution CAMO Pollution $2,200.00 $1,516.67 CAMO Pollution Central Hudson Central Hudson Central Hudson Town of Wappinger Page 27 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 Central Hudson Poughkeepsie JmI Poughkeepsie JmI Home Depot Home Depot Home Depot James Baisley James Baisley James Baisley Bottini Fuel George Silvestri Capital Markets Carquest Freedom Ford Pine Plains Tractor Pine Plains Tractor Atlantic Pavement Thalle Industries Jerrick's Wells Fargo Ralph Holt Aflac Community Energy DC SPCA Michael Krisko Morris Associates Morris Associates Morris Associates Morris Associates Clark Patterson Lee Clark Patterson Lee Perfect Comfort Westhook Sand Intervent Inc. Totals $2,200.00 1 $1,516.67 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Undesignated fund balance/(deficit) as of 12/03/2010 $99,108.00 $35,300.00 $85,456.30 $28,268.25 $0.00 $0.00 $13,651.70 $7,031.75 13.77% 19.92% $ 3,003.75 $ 30,194.49 Vendor WT WU (Water (Wappingers Tall United) Trees) CAMO Pollution CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Jrnl $2,875.00 1 $65,840.42 Town of Wappinger Page 28 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 Poughkeepsie JmI Home Depot Home Depot Home Depot James Baisley James Baisley James Baisley Bottini Fuel George Silvestri Capital Markets Carquest Freedom Ford Pine Plains Tractor Pine Plains Tractor Atlantic Pavement Thalle Industries Jerrick's Wells Fargo Ralph Holt Aflac Community Energy DC SPCA Michael Krisko Morris Associates $471.60 Morris Associates Morris Associates Morris Associates Clark Patterson Lee Clark Patterson Lee Perfect Comfort Westhook Sand Intervent Inc. Totals $2,875.00 $66,312.02 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cummulative Undesignated fund balance/(deficit) as of 12103/2010 $38,088.00 $1,579,922.00 $37,583.34 $1,557,914.52 $0.00 $692.16 $504.66 $21,315.32 1.32% 1.35% (6,540.80) 1,091,061.75 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 December 13, 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 -2010-387 No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ 13Yes/Aye ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 Town of Wappinger Page 29 Printed 1212112010 11 Town Board Meeting Minutes December 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-388 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: 201OKKK Vendor A (General B DB Townwide) (General (Highway) PartTown) Camo Pollution Camo Pollution Camo Pollution Central Hudson Central Hudson NyComco NyComco Terry Glass Sedore & Company Jim Baisley Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Ruge's Part Center CSEA Don Seifts Williams Lumber Emblem Tilcon Tilcon Staples Wells Fargo Wells Fargo Transcare Duality Stormwater Stormwater $2,052.22 $2,050.09 $93.60 $1,457.00 $1,353.00 $165.00 $7,005.94 $8,390.01 $99.99 $325.59 $369.53 $2,847.50 $2,749.89 $126.00 $301.00 $3,945.00 $66.00 $647.00 $8,052.00 $148.50 $457.09 $373.56 $325.74 $550.00 $296.43 $2,301.66 $134.99 $16.82 $1,524.34 $3,852.94 Town of Wappinger Page 30 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 Stormwater AM (Ambulance) HGE (Highway Emergency Generator) LC (Cameli Light) Stormwater $125.00 Stormwater Auto Zone $49.99 Great Amer Leasing $580.50 $80.53 Totals $26,789.97 $16,991.04 $9,052.91 2010 Adjusted Budget $3,483,404.00 $1,353,147.00 $2,553,172.00 YTD Actual Expended $3,320,175.75 $1,386,302.67 $2,461,485.23 YTD Encumbered $2,166.00 $0.00 $29,626.00 YTD available budget balance $161,062.25 -$33,155.67 $62,060.77 YTD available budget bal % 4.62% -2.45% 2.43% Cummulative Undesignated fund $ (566,635.55) $ $ 123,835.93 balance/(deficit) as of 12/0812010 (19,811.86) Al Roberts Deficit Deficit Vendor AM (Ambulance) HGE (Highway Emergency Generator) LC (Cameli Light) Camo Pollution Camo Pollution Camo Pollution Central Hudson $80.53 Central Hudson NyComco NyComco Terry Glass Sedore & Company Jim Baisley Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $132.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Ruge's Part Center CSEA Don Seifts Williams Lumber Emblem Tilcon Tilcon Staples Wells Fargo Wells Fargo FF F-� Town of Wappinger Page 31 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 Transcare $32,916.66 Duality Stormwater Stormwater Stormwater Stormwater Stormwater Auto Zone Great Amer Leasing Totals $32,916.66 $132.00 $80.53 2010 Adjusted Budget $395,000.00 NIA $775.00 YTD Actual Expended $394,999.92 $14,611.80 $884.47 YTD Encumbered $0.00 $0.00 $0.00 YTD available budget balance $0.08 N/A -$109.47 YTD available budget bal % 0.00% N/A -14.13% Cummulative Undesignated fund $ $ (14,611.80) $ balance/(deficit) as of 12/0812010 55,567.66 669.43 Deficit Vendor LD LH SI ( Chelsea Light) (Hughsonville (Improv Light) 3A) Camo Pollution Camo Pollution Camo Pollution Central Hudson Central Hudson NyComco NyComco Terry Glass Sedore & Company Jim Baisley Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Ruge's Part Center CSEA Don Seifts Williams Lumber Emblem Tilcon Tiicon Staples Wells Fargo $868.92 $2,502.10 $55.00 $27.50 Town of Wappinger Page 32 Printed 12/21/2010 Town Board Meeting Minutes December 13, 2010 Wells Fargo Transcare Duality Stormwater Stormwater Stormwater Stormwater Stormwater Auto Zone Great Amer Leasing Totals $868.92 $2,502.10 $82.50 2010 Adjusted Budget $9,625.00 $33,980.00 $639,509.00 YTD Actual Expended $9,826.61 $29,626.26 $583,4176.99 YTD Encumbered $0.00 $0.00 $0.00 YTD available budget balance -$201.61 $4,353.74 $56,032.01 YTD available budget bal % -2.09% 12.81% 8.76% Cummulative Undesignated fund $ 1,931.22 $ 11,697.95 $ balance/(deficit) as of 12/08/2010 3,431.35 Vendor SR SV (3A T92 (Rockingham) Collection) (Escrows) Camo Pollution $1,070.00 Camo Pollution Camo Pollution Central Hudson Central Hudson NyComco NyComco Terry Glass Sedore & Company Jim Baisley Al Roberts Al Roberts Al Roberts $55.00 $55.00 Al Roberts Al Roberts Al Roberts $33.00 Al Roberts Al Roberts $27.50 $27.50 Al Roberts $3,630.00 Al Roberts Al Roberts $165.00 Al Roberts $132.00 Al Roberts $82.50 Al Roberts $198.00 Al Roberts $33.00 Al Roberts $82.50 Ruge's Part Center CSEA Don Seifts Williams Lumber Emblem Tilcon Tilcon Staples Wells Fargo Wells Fargo Transcare Duality Stormwater $150.00 Stormwater $300.00 Stormwater $125.00 Stormwater Town of Wappinger Page 33 Printed 1212112010 1� rr.. Town Board Meeting Minutes December 13, 2010 Stormwater T96 (Escrows) WU (Wappingers United) $1,025.00 Auto Zone Camo Pollution Great Amer Leasing Camo Pollution Totals $82.50 $82.50 $7,026.00 2010 Adjusted Budget $420,816.00 $1,275,278.00 N/A YTD Actual Expended $396,010.84 $1,222,232.88 N/A YTD Encumbered $0.00 $0.00 N/A YTD available budget balance $24,805.16 $53,045.12 N/A YTD available budget bal % 5.89% 4.16% N/A Cummulative Undesignated fund $ (114,532.40) $ 502,644.35 Al Roberts balance/(deficit) as of 12/08/2010 Al Roberts Deficit $280.50 Vendor T96 (Escrows) WU (Wappingers United) Camo Pollution Camo Pollution Camo Pollution Central Hudson Central Hudson NyComco NyComco Terry Glass Sedore & Company Jim Baisley Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $280.50 Al Roberts Al Roberts AI Roberts Al Roberts $313.50 Al Roberts $544.50 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Ruge's Part Center CSEA Don Seifts Williams Lumber Emblem Tilcon Tilcon Staples Wells Fargo Wells Fargo Transcare Duality Stormwater Stormwater Town of Wappinger Page 34 Printed 12/21/2010 Town Board Meeting Minutes December 13. 2010 Stormwater Stormwater Stormwater Auto Zone Great Amer Leasing Totals 2010 Adjusted Budget YTD Actual Expended YTD Encumbered $858.00 N/A N/A N/A YTD available budget balance N/A YTD available budget bal % N/A Cummulative Undesignated fund balance/(deficit) as of 12/08/2010 $280.50 $1,579,922.00 $1,558,195.02 $692.16 $21,034.82 1.33% 1,090,781.25 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 December 13, 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 -2010-388 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter D ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 10 ❑ ❑ ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ Joseph Paoloni Seconder a ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 XVI. Resolutions The Resolution is hereby duly declared adopted. RESOLUTION: 2010-384 Resolution Calling Due the Letter of Credit Posted in Connection with Section 1, Parcel 1, Meadowood Subdivision WHEREAS, O'Donnell Group, LLC, as successor in interest to Meadowood Development Corp., has posted a Substitution Performance Agreement, secured by Letter of Credit issued by M&T Bank, in the original sum of Nine Hundred Eight Thousand, Two Hundred Dollars ($908,200.00), which Letter of Credit was posted as financial security to guaranty the proper construction of roads and other public improvements in connection with Section 1, Parcel 1 Meadowood Subdivision; and WHEREAS, the Town Board of the Town of Wappinger, by Resolution No. 2005-139, duly adopted on October 12, 2005, reduced the Letter of Credit to the principal sum of One Hundred Seventy -Five Thousand, Two Hundred Dollars ($175,200.00); and WHEREAS, the reduced Letter of Credit has an expiration date of October 5, 2011; and WHEREAS, O'Donnell Group, LLC, as Developer of the aforementioned subdivision, has not fulfilled the obligations of the Performance Agreement, the Town of Wappinger Subdivision Regulations, nor has it completed the road and other public improvements in form acceptable to the Town Board of the Town of Wappinger., the Town of Wappinger Highway Superintendent, the Attorney to the Town or the Town of Wappinger Engineer; and WHEREAS, to ensure the obligations of the Performance Agreement that will be completed in a duly timely fashion, the Town Board hereby elects to call due a portion of the Letter of Credit. 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 Supervisor Christopher J. Colsey to call due a portion of the Letter of Credit issued by M&T Bank, bearing number SB -906391- 0001, in the principal sum of One Hundred Seventy -Five Thousand, Two Town of Wappinger Page 35 Printed 12/21120/0 Town Board Meeting Minutes December 13, 2010 Hundred Dollars ($175,200.00) so as to ensure the due and proper completion of the roads and other public improvements as well as other obligations due the Town of Wappinger by O'Donnell Group, LLC, in connection with the Section 1, Parcel 1, Meadowood Subdivision in the approximate amount of Ten Thousand Dollars ($10,000.00). 3. Supervisor Christopher J. Colsey and Attorney to the Town, Albert P. Roberts, are hereby authorized to undertake any work and to execute any documents necessary to call due the aforementioned Letter of Credit in accordance with the provisions of the Letter of Credit and in accordance with the provisions of this Resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-384 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Initiator El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 13, 2010 The Resolution is hereby duly declared adopted. XVII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czamiecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni The meeting adjourned at 10:01 PM. John C. Masterson Town Clerk Town of Wappinger Page 36 Printed 1212112010