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2011-04-25 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ~ Agenda ~ Chris Masterson 845-297-5771 Monday, April 25, 2011 7:30 PM Town Hall 7:30 PM Meeting called to order on April 25, 2011 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order H. Salute to the Flag III. Adoption of Agenda IV. Minutes Approval Monday, April 11, 2011 V. Correspondence Log 2011-151. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Portion VII. Public Hearings "Local Law No_ of the Year 2011, Amending Chapter 85 of the Town of Wappinger Code Regarding Building Foundations" Establishment of Extension No. 1 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York VIII. Discussions A. Comprehensive Plan Local Laws - Colsey 2011-152. Resolution Introducing Local Laws "A" through "H", "J" through "N", "P" and "Q" Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan B. Robinson Lane Drainage - Colsey C. 20111st Quarter Budget Review D. Ethics Code Update - Colsey/Roberts IX. Tax Certs 2011-153. Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Outback Steakhouse #3357 2011-154. Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Valvoline Instant Oil Change X. Equipment Bonding 2011-155. A Resolution Authorizing, Subject to Permissive Referendum, the Purchase of Pick -Up Trucks, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $136,500, and Authorizing the Issuance of $136,500 Bonds of Said Town to Pay the Cost Thereof 2011-156. A Resolution Authorizing, Subject to Permissive Referendum, the Purchase of a Mower Tractor, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $789750, and Authorizing the Issuance of $78,750 Bonds of Said Town to Pay the Cost Thereof 2011-157. A Resolution Authorizing the Purchase of a Pick -Up Truck, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $13,125, and Authorizing the Issuance $13,125 Bonds of Said Town to Pay the Cost Thereof 2011-158. A Resolution Authorizing, Subject to Permissive Referendum, the Purchase of Dump Trucks for Construction and Maintenance Purposes, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $425,250, and Authorizing the Issuance of $425,250 Bonds of Said Town to Pay the Cost Thereof XI. Resolutions 2011-159. A Resolution Making Certain Determinations in Relation to and Finding it to be in the Public Interest to Establish United Wappinger Water District Extension No. 1 in the Town of Wappinger, Dutchess County, New York 2011-160. A Resolution Approving the Establishment of United Wappinger Water District Extension No. 1 and the Improvements in Connection Therewith Town of Wappinger Page I Printed 412012011 Regular Meeting Agenda April 25, 2011 2011-161. Resolution Authorizing the Solicitation of Bids in Respect to the Reconstruction of a Dugout at Robinson Lane 2011-162. Resolution Authorizing Refund of Unused Escrow for Lands of Barry Subdivision & Lot Line Realignment (Account 08-5143) 2011-163. Resolution Authorizing the Issuance of a Purchase Order to Restripe the Town Hall and Emergency Services Parking Areas 2011-164. Resolution Appointing Members to the Town of Wappinger Fire Prevention Bureau 2011-165. Resolution Authorizing the Use of Town Roads for a Ragnar Relay Race on May 13-14,2011 2011-126. Resolution Appointing a Member to the Town of Wappinger Board of Assessment Review XII. Items for Special Consideration XIII. New Business XIV. Executive Session A. Code Enforcement Personnel Performance & Staffing B. Sheriff Activity Report XV. Resolutions 2011-166. Resolution Authorizing the Town Supervisor to Seek a Competitive Candidate List from the Dutchess County Department of Human Resources and Risk Management XVI. Town Board Review of Vouchers 2011-167. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-168. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-169. Resolution Approving Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XVII. Adjournment Town of Wappinger Page 2 Printed 412012011 Town of Wappinger 20 Middlebush Road Regular Meeting Wappingers Falls, NY 12590 townofwappinger.us Minutes — Chris Masterson Supervisor 845-297-5771 Monday, April 25, 2011 7:30 PM Town Hall I. Call to Order IV. LV Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Graham Foster Town of Wappinger Highway Superintendent Present Al Roberts Town of Wappinger Town Attorney Present Bob Gray Town of Wappinger Engineer to the Town Present David Stolman Town of Wappinger Town Planner Present Salute to the Flag Adoption of Agenda Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Minutes Approval Monday, April 11, 2011 ✓ Vote Record - Acceptance of Minutes for April I1, 20116:00 I'M 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Accepted Christopher Colsey Voter 0 ❑ 0 0 ❑ Accepted as Amended William Beale Seconder 0 ❑ ❑ 0 ❑ "Tabled Vincent Bettina Voter 0 ❑ 0 ❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2011-151 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 -2011-151 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ 0 ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 0 0 ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ 0 ❑ Jose h Pan oni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page I Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 VI. Public Portion Motion To: open the floor for Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Comments The first resident to speak was Mary Schmalz. She asked for an explanation of maw Resolution 2011-156. Steve Frazier, Supervisor of Buildings and grounds explained the need for the mower that the Resolution was drafted for. Ms. Schmalz then asked if the dugout in Resolution 2011-161 was for the Challenger Field at Robinson Lane. Supervisor Colsey clarified that the dugout is at Holt Memorial Field. The next resident to speak was Barbara Gutzler. She asked if the title being mentioned in Resolution 2011-166 was an existing title. Supervisor Colsey answered that the position does not exist in Wappinger. The Board is considering filling a vacancy in the Department of Code Enforcement. This Resolution gives the Board another option to consider. He went on to describe the position. Ms. Gutzler then asked if this would be filling the vacancy created by the resignation of George Kolb. Supervisor Colsey replied that this is one option to fill that vacancy, but the Board has not made a decision on how to fill it. Discussion followed. The next resident to speak was Rosalia Licari, the property owner of the parcel that formally contained Stephanos and currently DaNinos. She had heard that the Town Board is looking to change the zoning for her property. Supervisor Colsey explained that the Board was introducing the Local Laws tonight and will have Public Hearings on each change down the road. Discussion about this particular property followed. The next resident to speak was Patrick McVeigh. Mr. McVeigh asked for an explanation of the Ethics Code Update discussion item. Supervisor Colsey answered that, two Meetings ago, the Town Board recognized the fact that the Ethics Code needs to be updated. The last update was 40 years ago. The Attorney has provided a Financial Disclosure Statement for the Town Board to review. Mr. McVeigh asked if the Ethics Code discussion is the result of a current problem. Supervisor Colsey asked the Town Attorney, Al Roberts, to explain what is being updated. Mr. Roberts claimed that the Town does not have an Ethics Code, and that it only has an Ethics Board. He feels that a comprehensive Ethics Code needs to be developed and the provisions for the Ethics Board be updated. He noted that financial disclosure statements are not required of municipalities of less than 50,000 people. The Town Board may opt to require one though. The version that is being distributed for the Town Board to review is the format that the Town of Poughkeepsie currently uses. He then claimed that the Town of Poughkeepsie has a population of over 50,000 people. Mr. McVeigh asked what types of relationships would be covered under the financial disclosure statement. Mr. Roberts explained. The depth and detail of the statement will have to be determined by the Town Board. Mr. McVeigh asked if there were any Town Board Members that have any dealings with the Town professionals and vendors. He clarified that he is asking if any of the Board Members have used the Town professionals for private affairs. Supervisor Colsey answered that Al Roberts did a closing on a refinance 7-8 years ago, before he was an elected official. Councilman Paoloni and Councilman Beale answered that they do not have any private dealings with the Town professionals. Councilman Bettina answered that Al Roberts has represented one of his family members, but it had nothing to do with him. Councilwoman Czarniecki answered that she has referred her husband to use the services of the Town Attorney. Mr. McVeigh asked if these types of conflicts would be part of the Ethics Code. Mr. Roberts did not know. He noted that the Town Board would have to decide on these things. He felt that the questions that Mr. McVeigh was asking were premature. Mr. McVeigh disagreed. He would like to know when there are Board Members utilizing the Town professionals on a personal basis. Mr. Roberts pointed out that the Board Members have just stated the manners in which they have used Mr. Roberts for legal representation on a personal level. Mr. McVeigh then asked if Bob Gray, the Engineer to the Town, had any personal dealing with any Board Members. Mr. Gray answered that he had done work for Councilman Bettina in the past. Councilman Bettina stated that there are different surveyors that work for agents that do work for him that have used Mr. Gray, but those are independent contractors. Mr. Gray went on to note that the work was done when it was a different engineering firm. Councilman Bettina noted that the law states that the Board Members need only to disclose the relationship. Mr. McVeigh replied that he is concerned with this topic from an ethical standpoint as opposed to simply disclosing the relationship. Councilman Bettina Town of Wappinger Page 2 Printed 4129/2011 Regular Meeting Minutes April 25, 2011 pointed out that he is looking at Financial Disclosure Statements from other towns, not just the one gained from Poughkeepsie. Supervisor Colsey will provide Mr. McVeigh with a copy of the Poughkeepsie Financial Disclosure Statement. VII. Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Hearings Motion To: open the Public Hearing RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Ismay Czarniecki, Councilwoman Vincent Bettina, Councilman Colsey, Beale, Bettina, Czarniecki, Paoloni "Local Law No_ of the Year 2011, Amending Chapter 85 of the Town of Wappinger Code Regarding Building Foundations" Councilwoman Czarniecki made a motion to open the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. Deputy Town Clerk, Christine Fulton, 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 Local Law requires a three-dimensional survey prior to framing a structure. The topographical information of the site has to be included on an interim survey to make sure it is in compliance with the approved site plan or the approved plot plan. Supervisor Colsey asked if there were any comments from the Board. There were none. Supervisor Colsey asked if there were any comments from the public. There were none. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. RESULT: MOVER: SECONDER: AYES: CLOSED [UNANIMOUS] Vincent Bettina, Councilman William Beale, Councilman Colsey, Beale, Bettina, Czarniecki, Paoloni Town of Ifoppinger Page 3 Printed 4/29/2011 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 2011, AMENDING CHAPTER 85 OF THE TOWN OF WAPPINGER CODE REGARDING BUILDING FOUNDATIONS" 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 April 6, 2011, your deponent posted a copy of the "Notice of Public Hearing on Local Law No._ of the Year 2011, Amending Chapter 85 of the Town of Wappinger Code Regarding Building Foundations", 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. J hn C. Masterson Town Clerk Town of Wappinger orn to bef me the 6th day of April, 2011 NOTARY PUBLIC CHRISTOPHER COLSEY !tiOTARY PUBLIC -STATE OF NEW YORK No. O1 C06211010 Qualitled In Dutche$$ County IV Commission Expires September 00, 2013 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 ##86502 State of NEW YORK SS: County of DUTCHESS I, JOAN MILLER, being duly sworn, depose and say: that I am the Publisher of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 04/06/11. Sworn to before me this 6th day of April, 2011 ANCY Y4DU Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 APR 06 2011 TOWN OF WAPPiNGER TOWN CLERK Poqhkeep,51c J Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION 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 r was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2011 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 6th day of April in the year of 2011 and , on the following dates thereafter, namely on: And ending on the day of in the year of 2011 , both days inclusive. r Subscribed d sworn to before me this 7 t#L day of in the y of 2011 Notary Public My commission expires I/4!a� ROSE ANN SIMPSON Notary Public, State of New York No. 01 S 16215893 Qualified in Dutchess County Commission Expires January 4, 2014 Regular Meeting Minutes April 25, 2011 Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Establishment of Extension No. 1 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York Councilwoman Czarniecki made a motion to open the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. Deputy Town Clerk, Christine Fulton, offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Colsey explained that the area being discussed was the Friendly/Mercedes and Adams Fairacre Farms parcels. Al Roberts, Town Attorney, described the extension. Councilman Bettina added that this extension needs to dovetail with the study that is being done by the Engineer to the Town pertaining to Beechwood Circle. Supervisor Colsey asked if there were any comments from the Board. There were none. Supervisor Colsey asked if there were any comments from the public. The first resident to speak was Ron Lafko. He asked who is paying for the extension. Mr. Roberts answered that Adams and Friendly are paying all costs associated with legal work. The water lines are being done by the developer. Councilman Paoloni added that the applicant is also paying for a portion of the buy -in, in the event that this continues to happen and a search for new capacity will be needed. Mr. Roberts clarified that a cash buy -in is being paid by Friendly. It is being waived for Adams due to the extensive work that they did. Discussion followed. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. RESULT: MOVER: SECONDER: AYES: CLOSED [UNANIMOUS] Vincent Bettina, Councilman William Beale, Councilman Colsey, Beale, Bettina, Czarniecki, Paoloni Town of Wappinger Page 4 Printed 4/29/2011 CERTIFICATION OF POSTING STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That on the 28`h day of April, 2011, I caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of Adoption of a resolution adopted by the Town Board of said Town on the 25th day of April, 2011. A true and correct copy of such Notice of Adoption is attached hereto. Town Clerk nS orn to before me this 81 d"Apri, Wary Public CHRISTOPHER COLSEY NOTARY PUBLIC -STATE OF NEW YORK No. O1 C06211010 C1u00fled In Dutchess County "V Commisslon ExPIMI sophmber 0/, 2013 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 ##86568 State of NEW YORK SS: County of DUTCHESS I, JOAN MILLER, being duly sworn, say: that I am the Publisher of S Dutchess News, a weekly newspaper circulation published in WAPPINGE County of DUTCHESS, State of NEW that a notice, of which the annex printed copy, was duly published Dutchess News once on 05/04/11. Sworn to beforme this 4th d y o 411410-Ul � NANCY (HYDUKE Notary Public, State c No. 01HY622199( Qualified in DUTCHE., My commission expires on voqtlkeepste Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York a aml �"County of Dutchess City of Poughkeepsie Lombardi, of the City of Poughkeepsie, ,hess County, New York, being duly sworn, says at the several times hereinafter mentioned he/she and still is the Principle Clerk of the Poughkeepsie ,soapers Division of Gannett Satellite Information vork, Inc., publisher of the Poughkeepsie Journal, a spaper published every day in the year 2011 in the of Poughkeepsie, Dutchess County, New York, and the annexed Notice was duly published in the said C— one insertion sively, in each week, commencing on the 4th May in the year of 2011 and following dates thereafter, namely on: ending on the day of ear of20111 . both days inclusive. and sworn to before me this 4 in the year of 2011 OSE ANN SIMSON Notary PPublic, State of New York No. 01 S 16215893 Qualified in Dutchess County Commission Expires January 4, 2014 MAY 0 6 20H TOWN L'JE VV�" �P,2: NG3ER F 0 g r' j ap ERK ending on the day of ear of20111 . both days inclusive. and sworn to before me this 4 in the year of 2011 OSE ANN SIMSON Notary PPublic, State of New York No. 01 S 16215893 Qualified in Dutchess County Commission Expires January 4, 2014 Regular Meeting Minutes April 25, 2011 VIII. Discussions A. Comprehensive Plan Local Laws - Colsey Supervisor Colsey opened the discussion at 7:53 PM. David Stolman, Town Planner, noted that the Town Board adopted a new Comprehensive Plan at the end of last year. The Plan recommended a series of zoning changes. In order to implement those changes, a series of Local Laws have been drafted. The Board has decided to do all but two of those laws in one batch. Chris Masterson, Town Clerk, explained the process of adopting the Local Laws and filing them with the Department of State. Mr. Stolman also explained how the last of these Local Laws will 00— replace a hand -drawn map with a computer generated map. Supervisor Colsey asked if June 13th, 2011, would be a good day to have the Public Hearings. Mr. Stolman confirmed. Councilman Bettina moved Resolution 2011-152. The motion was seconded by Councilwoman Czarniecki and passed unanimously. Discussion followed. RESOLUTION: 2011-152 Resolution Introducing Local Laws —through _ Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Laws_ through _ of 2011 which would amend the Zoning Map of Chapter 240, Zoning, of the Town Code; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter. r._. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Laws through _ of 2011 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Laws —through _ of 2011 for 7:30 PM on the 13th day of June, 2011 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law(s): a. To serve a copy of this resolution, the annexed proposed Local Law(s), and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law(s), and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and VON" C. To distribute a copy of this resolution, the annexed proposed Local Law(s), and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. Town of Wappinger Page 5 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-152 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Adopted as Amended William Beale Voter 4 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder D ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. mum B. Robinson Lane Drainage - Colsey Supervisor Colsey opened the discussion at 8:00 PM. Chris Schoen was present on behalf of the Town of Wappinger Little League. Bob Gray, Engineer to the Town, described the Robinson Lane drainage issue. Most of the complex is in the flood plain of the Sprout Creek. At times, those fields will be flooded. There are existing swales and berms to the north of the fields. The swales and berms have not been maintained. They are overgrown with brush and saplings. Excavating the swales and depositing the material onto the berm would help the fields drain when they flood. The berm will prevent the water from coming onto the fields at certain times. When there is a certain degree of rain, the berms will not prevent flooding. There are two concerns. One concern is where the property line is on the north side. Mr. Schoen has been talking to that property owner. The Swale may be on private property. The other concern is that a large portion of the property is under the protection of the Department of Environmental Conservation. Any permits required would have to be obtained before any work gets done. Discussion followed. Mr. Schoen agreed that they will never stop all of the flooding. He added that the fields are no longer draining the way that they used to. Supervisor Colsey asked if the work could be done with existing town personnel and equipment. Steve Frazier, Supervisor of Buildings and Grounds, stated that his department does not have the equipment that would be needed for this work. Mr. Gray noted that they would not be looking to do the work right away. Supervisor Colsey summarized that this is a maintenance issue that hasn't been addressed in several years. Mr. Schoen pointed out that it was last maintained around 1980. The swale was about 6 feet high, but is now about 2 feet high. Donna Bolner, County Legislator, noted that the water issue is not in the building of the berm, it is in reestablishing the ditch that goes around the perimeter of the park. Discussion followed. Councilman Bettina asked if Parkland Trust money could be used to address this issue. Al Roberts, Town Attorney, explained that there is not much clear direction from the State, other than the fact that the money can only be used for capital improvements. Maintenance issues are not eligible for Parkland Trust money. Councilman Beale feels that this would be a capital improvement. Councilman Bettina agreed. Mr. Roberts stated that someone would have to make a determination. The current issue is a result of neglect and lack of maintenance. Supervisor Colsey explained Parkland Trust monies. Mr. Gray pointed out that this project would take about a week to accomplish with an excavator or backhoe. He would also like to see the brush and saplings removed. He went on to say that the Sprout Creek has a lot of impediments to water flow in the creek. The State has rules to prevent the Town from going in and removing the obstructions. Graham Foster, Highway Superintendent, noted that this issue applies to a larger area than just Robinson Lane. Discussion followed. Councilman Beale asked what could be done right away. Councilman Bettina replied that the Attorney needs to obtain an opinion. Mr. Roberts recommended that the Board determine whether this work would be capital improvement or maintenance. Mr. Foster recommended using force account labor. Councilman Bettina agreed. Mr. Gray added that obtaining DEC permits will take some time. Supervisor Colsey asked if there is anyone on the Buildings and Grounds staff can use an excavator or backhoe. Mr. Frazier replied that the equipment he currently has will not do the job. If the Town rents the needed equipment, Mr. Frazier can do the work. Mr. Frazier recommended that someone come out to shoot elevations. Mr. Roberts added that they will need to determine if the swale is on Town property. Discussion about the DEC permits followed. Supervisor Colsey summarized the issue. The Engineer to the Town needs to first shoot elevations. The Attorney needs to obtain an opinion from the auditors. If the Town can rent the needed equipment, the Supervisor of Buildings and Grounds can perform the work. Councilman Bettina recommended contacting DEC first. Mr. Schoen noted that there are professional surveyors within the Little League organization. Mr. Gray asked that the Little League also help contact DEC. Councilman Bettina recommended having Assemblyman Miller get involved. Town of Wappinger Page 6 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 Pat McVeigh asked if the drainage could be moved a few feet over in order to make this a capital improvement. He asked if this is the first time that the issue has come before the Board. He went on to say that, if the Town waits on the Town professionals to look into the matter, the kids will be out of college before the fields are done. Discussion followed. Supervisor Colsey noted that the Town needs to first contact DEC. Mr. Gray can contact DEC tomorrow, but he may not get an answer right away. Scott Grossman, a member of the Little League committee, asked that Legislator Bolner help gain DEC approval. He went on to note that the Department of Buildings and Grounds is overwhelmed with the amount of work that needs to be done. He knows that the Town Highway Department is able to do this type of work. Those forces should be used, as long as the Town can work out the union labor issue. He feels that it would be more constructive to use the Highway forces if they are willing and able. Councilman Beale asked if the Highway Department could be used. Mr. Foster replied that he has been doing work at recreation fields since 1990. He claims that there was a cooperative atmosphere that no longer exists. He claims that there are personnel issues that he would not like to discuss at the moment. He went on to say that he is willing to help Little League at any time. He would need permission from the Board to do the work. Discussion followed. Supervisor Colsey asked Mr. Foster if he was willing to commit the Highway personnel to do the work if the Board so authorized. Mr. Foster replied that the Town needs to take care of the issue. Councilwoman Czarniecki made a motion to authorize the Town Highway Department to take whatever steps are necessary to fix the issue. Mr. Gray noted that doing the work will be the easy part. The motion was seconded by Councilman Paoloni and passed unanimously. Councilman Bettina made a motion to allow Morris Associates to go out and do the necessary work regarding the permits with DEC so this project can move forward. Discussion followed. The motion was seconded by Councilman Beale and passed unanimously. Supervisor Colsey closed the discussion at 8:26 PM. Motion To: authorize the Town Highway Department to take whatever steps are necessary to fix the issue RESULT: ADOPTED [UNANIMOUS] MOVER: Tsmay Czarniecki, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Motion To: allow Morris Associates to go out and do the necessary work regarding the permits with DEC so this project can move forward RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni C. 2011 1st Quarter Budget Review Supervisor Colsey opened the discussion at 8:26 PM. He pointed out that a diagram that explains the information being discussed was posted in the front and rear of the Town Board Meeting Room. A few years ago, in an effort to keep the Board accountable, they began doing a quarterly budget review. For the current review, a comparison was made between 2010 and 2011. He proceeded to report on the percentage of the budget used to date and how it compares to last year. Councilman Beale asked why the sales tax didn't come through yet. Supervisor Colsey pointed out that it came through in the middle of April last year as well. The Verizon and Cablevision franchise fees have not come in yet either. There were no other questions. Supervisor Colsey closed the discussion at 8:30 PM. ... D. Ethics Code Update - Colsey/Roberts Supervisor Colsey opened the discussion at 8:30 PM. He explained that the Board has gained a model Financial Disclosure Statement from the Town of Poughkeepsie. He is asking the Board to review the form. Councilman Bettina stated that he would like to take a look at forms from other towns. Al Roberts, Town Attorney, noted that it would help if he had some input from the Board on the form before them. Councilman Bettina again stated that he has two other forms that he would like the Board to review. Supervisor Colsey asked Councilman Bettina to distribute the forms that he has gained from other towns so that the Board can send their comments to the Town Attorney. Councilman Bettina agreed. Councilman Beale asked what the difference was between the form before them and the Financial Disclosure Statement Town of Wappinger Page 7 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 filed with the auditor every year. Discussion about the statements followed. Pat McVeigh asked to comment on the topic. He noted that a financial statement and a Code of Ethics are two different things. He asked if the financial statement that the Board Members submit to the auditor asks if the Board Members have dealing with the Town or outside vendors. Councilman Beale replied that it does. Mr. McVeigh asked if the Board had to submit Financial Disclosure Statements that say that the Board Members were not taken out to dinner by the Town professionals. Supervisor Colsey answered that they did not. Mr. McVeigh stated that, since the Board Members decide who represents the Town, the public should know if they have dealings with those professionals. Councilman Beale pointed out that it has been stated that the Town does not have a Code of Ethics. He clarified that the Town does have a Code of Ethics. Supervisor Colsey closed the discussion at 8:35 PM. IX. Equipment Bonding RESOLUTION: 2011-155 A Resolution Authorizing, Subject to Permissive Referendum, the Purchase of Pick -Up Trucks, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $136,500, and Authorizing the Issuance of $136,500 Bonds of Said Town to Pay the Cost Thereof WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act as a Type II Action, have been performed; and WHEREAS, it is now desired to authorize such capital project and its financing. NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The purchase of pick-up trucks, each of which costs at least $15,000, in and for the Town of Wappinger, Dutchess County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $136,500. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $136,500 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. " Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the 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 for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year unless paid from other revenues. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 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 bonds herein authorized, including renewals of such notes is hereby delegated to the Supervisor of said Town, 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. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, 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 bonds with substantially level or MWM 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 7. 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 Town of Wappinger Page 8 Printed 4%29/2011 Regular Meeting Minutes April 25, 2011 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 8. 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 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper(s) of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. �— Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-155 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter Q ❑ p ❑ Defeated William Beale Seconder p ❑ Tabled Vincent Bettina Voter Q ❑ p ❑ Withdrawn Ismay Czarniecki Initiator Q p ❑ ❑ Joseph Paoloni Voter Q ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. RESOLtJTION: 2011-156 A Resolution Authorizing, Subject to Permissive Referendum, the Purchase of a Mower Tractor, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $78,750, and Authorizing the Issuance of $78,750 Bonds of Said Town to Pay the Cost Thereof WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act as a Type II Action, have been performed; and WHEREAS, it is now desired to authorize such capital project and it's financing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The purchase of a mower tractor, in and for the Town of Wappinger, Dutchess County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $78,750. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $78,750 bonds of said Town, hereby authorized to be issued therefor 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 fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the 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 for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year unless paid from other revenues. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 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 bonds herein authorized, including renewals of such notes is hereby delegated to the Supervisor of said Town, 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. All other matters except as provided herein relating to the bonds herein Town of Wappinger Page 9 Printed 4/29/2011 Rpattlar Mpptine Minutes April 25, 2011 authorized including the date, denominations, 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 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 7. 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 8. 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 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper(s) of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-156 Yes/Aye NLI/Nay Abstain Absent D Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ El ❑ Tabled Ismay Czarniecki Initiator Q ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter LSI ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-157 A Resolution Authorizing the Purchase of a Pick -Up Truck, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $13,125, and Authorizing the Issuance $13,125 Bonds of Said Town to Pay the Cost Thereof WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act as a Type Il Action, have been performed; and WHEREAS, it is now desired to authorize such capital project and it's financing. NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The purchase of a pick-up truck, in and for the Town of Wappinger, Dutchess County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $13,125. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by ^� the issuance of $13,125 bonds of said Town, hereby authorized to be issued therefor 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 five years, pursuant to subdivision 28 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 not exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made Town of Wappinger Page 10 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 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 bonds herein authorized, including renewals of such notes is hereby delegated to the Supervisor of said Town, 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. All other matters except as provided herein relating to the bonds herein -- authorized including the date, denominations, 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 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 7. 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 8. 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 9. This resolution, which takes effect immediately, shall be published in "— summary form in the official newspaper of said Town for such purpose, 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 -2011-157 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-158 A Resolution Authorizing, Subject to Permissive Referendum, the Purchase of Dump Trucks for Construction and Maintenance Purposes, in and for the Town of Wappinger, ti.. Dutchess County, New York, at a Maximum Estimated Cost of $425,250, and Authorizing the Issuance of $425,250 Bonds of Said Town to Pay the Cost Thereof WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act as a Type I1 Action, have been performed; and WHEREAS, it is now desired to authorize such capital project and it's financing. NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The purchase of dump trucks for construction and maintenance purposes, each item of which costs $30,000 or over, in and for the Town of Wappinger, Dutchess County, Town of Wappinger Page 11 Printed 4129/2011 Regular Meeting Minutes April 25, 2011 New York, including incidental equipment and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $425,250. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $425,250 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the 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 for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and .r payable in such year unless paid from other revenues. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 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 bonds herein authorized, including renewals of such notes is hereby delegated to the Supervisor of said Town, 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. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, 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 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 7. 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 8. 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 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper(s) of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-158 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder Ll ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 2 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator Z 13 ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 12 Printed 4129/2011 Regular Meeting Minutes April 25, 2011 X. Resolutions RESOLUTION: 2011-159 A Resolution Making Certain Determinations in Relation to and Finding it to be in the Public Interest to Establish United Wappinger Water District Extension No. 1 in the Town of Wappinger, Dutchess County, New York WHEREAS, a written petition (in two parts) has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed water district extension, to be known as Extension No. 1 to the United Wappinger Water District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report accompanying each part and together constituting the map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates and Clark Patterson Lee, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the following: (a) purchase and installation of water distribution mains for connection to the existing eight (8) inch diameter Town water main located along the western right-of-way of Old Route 9 and extending south along Old Route 9 approximately 350 feet then east through a boring under Old Route 9 to the site, and also in a southerly direction approximately 230 feet to a point near the northeastern portion of the Town owned right-of-way of Fowlerhouse Road, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, and (b) purchase and installation of a further extension of the above-described water distribution mains from Fowlerhouse Road approximately 300 feet in a northerly direction to the parcel of land located at 134 Old Post Road, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $224,625; and WHEREAS, the cost of said improvements shall be paid in the owners of property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $0 to a one or two family home therein, there being none, and $8,000.00 for the MDA parcel ("MDA") as described in the petition; and the hook up fee for the Adams parcel ("Adams") as described in the petition has been waived in consideration of the extension of water line down Route 9 and then east bound to Old Post Road; and WHEREAS, the estimated cost of said Extension to the typical property therein in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $0 to a one or two family house therein, there being none, and for the MDA parcel is $1,070.39 for capital benefit assessments and $883.68 for Operation and Maintenance (O&M) charges, and for the Adams parcel, it is $1,303.69 for capital benefit assessments and $28,575.68 for O&M charges; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; a full Environmental Assessment Form has been prepared in connection therewith and is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on March 28, 2011, reciting a description of the boundaries of said proposed United Wappinger Water District Extension No. 1 the improvements proposed, the $224,625 maximum amount proposed to be expended for said improvements, the proposed method of payment 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 25th day of April, 2011, at 7:30 o'clock P.M., local time, at the Town Hall, in Wappinger, 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 consider the establishment of United Wappinger Water District Extension No. 1 and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same;'and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication Town of Wappinger Page 13 Printed 4/29/2011 RPaular MPAtine Minutes April 25, 2011 and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing. NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The petitions for establishment of said proposed Extension No. 1 to the United Wappinger Water District were signed and acknowledged or proven or authenticated as required by law and are otherwise sufficient; b) All the property and property owners within said proposed Extension No. 1 to United Wappinger Water District, as described in the preambles hereof, are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed Extension No. 1 to United Wappinger Water District; and d) The establishment of said proposed Extension No. 1 to United Wappinger Water District is in the public interest. Section 2. This resolution shall take effect immediately in accordance with the provision of Section 194(1) of the Town Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-159 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 Cl❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ 11 Tabled Ismay Czarniecki Seconder 0 ❑ El ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. now RESOLUTION: 2011-160 A Resolution Approving the Establishment of United Wappinger Water District Extension No. 1 and the Improvements in Connection Therewith WHEREAS, a written petition (in two parts) has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed water district extension, to be known as Extension No. 1 to the United Wappinger Water District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report accompanying each part and together constituting the map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates and Clark Patterson Lee, competent engineers duly licensed by the State of New York; and WHEREAS, the improvements proposed for said Extension consist of the following: (a) purchase and installation of water distribution mains for connection to the existing eight (8) inch diameter Town water main located along the western right-of-way of Old Route 9 and extending south along Old Route 9 approximately 350 feet then east through a boring under Old Route 9 to the site, and also in a southerly direction approximately 230 feet to a point near the northeastern portion of the Town owned right-of-way of Fowlerhouse Road, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, and (b) purchase and installation of a further extension of the above-described water distribution mains from Fowlerhouse Road approximately 300 feet in a northerly direction to the parcel of land located at 134 Old Post Road, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $224,625; and WHEREAS, the cost of said improvements shall be paid in the owners of property therein Town of Wappinger Page 14 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $0 to a one or two family home therein, there being none, and $8,000.00 for the MDA parcel as described in the petition ("MDA"), and the hook up fee for the Adams parcel as described in the petition ("Adams") has been waived in consideration of the extension of water line down Route 9 and then east bound to Old Post Road; and WHEREAS, the estimated cost of said Extension to the typical property therein in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $0 to a one or two family house therein, there being none, and for the MDA parcel is $1,070.39 for capital benefit assessments and $883.68 for Operation and Maintenance (O&M) charges, and for the Adams parcel, it is $1,303.69 for capital benefit assessments and $28,575.68 for O&M charges; and .._ WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, and the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects, a full Environmental Assessment Form having been prepared in connection therewith which is on file in the office of the Town Clerk where it may be reviewed during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on March 28, 2011, reciting a description of the boundaries of said proposed United Wappinger Water District Extension No. 1 , the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed method of payment to be employed, the fact that said petition, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 25th day of April, 2011, at 7:30 o'clock P.M., local 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 consider the establishment of said United Wappinger Water District Extension No. 1 and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; and WHEREAS, said Town Board has adopted a resolution on this date making the findings and determinations required pursuant to Section 194 (1) of the Town Law; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows in accordance with the provision of Section 194(2) of the Town Law: Section 1. The establishment of Extension No. 1 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvements proposed therefor consisting of the (a) purchase and installation of water distribution mains for connection to the existing eight (8) inch diameter Town water main located along the western right-of-way of Old Route 9 and extending south along Old Route 9 approximately 350 feet then east through a boring under Old Route 9 to the site, and also in a southerly direction approximately 230 feet to a point near the northeastern portion of the Town owned right-of-way of Fowlerhouse Road, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, and (b) purchase and installation of a further extension of the above-described water distribution mains from Fowlerhouse Road approximately 300 feet in a northerly direction to the parcel of land located at 134 Old Post Road, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described, at a maximum estimated cost of �.. $224,625, is hereby approved. The cost of said improvements shall be paid by the owners of the property therein and no serial bonds of said Town shall be issued therefore. Section 2. Said Extension shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. Section 3. The Town Clerk shall, within ten (10) days after this resolution takes effect, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, and shall cause a certified copy to be duly recorded in the office of the County Clerk. Section 4. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Town of Wappinger Page 15 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-160 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. ""r' RESOLUTION: 2011-161 Resolution Authorizing the Solicitation of Bids in Respect to the Reconstruction of a Dugout at Robinson Lane WHEREAS, the Town Board is the custodian of the lands and structures at the Robinson Lane park; and WHEREAS, the dugout at the senior boys baseball field is in need of replacement due to structural concerns identified by Town and Little League Personnel; and WHEREAS, Robinson Lane is a park dedicated to the purpose of team sports and regularly enjoys hundreds of resident and non-resident visitors; and WHEREAS, the Town of Wappinger holds on file a detailed set of drawings as produced by a licensed architect in conformance with the New York State Uniform Building Code; and WHEREAS, the Town Board hereby authorizes the Town Supervisor and Supervisor of Buildings and Grounds to seek bids in conformance with the aforementioned detailed drawings for the replacement of the dugout NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town of Wappinger Recreation Chairman to seek bids in accordance with the Town of Wappinger Procurement Policy, Town Code Chapter 46, for the replacement of the senior boys baseball field dugout at Robinson Lane. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the issuance of any necessary building permits in respect to the dugout construction. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-161 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 2 ❑ El ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 El El El Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-162 Resolution Authorizing Refund of Unused Escrow for Lands of Barry Subdivision & Lot Line Realignment (Account 08-5143) WHEREAS, on or about September 18, 2008, Stephen Barry and Kim Barry (hereinafter the "Applicants") filed an application for Subdivision and Lot Line Realignment Approval under Application Number 08-5143; and WHEREAS, on or about September 18, 2008, the Applicants deposited Seven Thousand, Five Hundred Dollars ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, additional deposits in the amounts of Three Thousand, Four Hundred Fifty - Six Dollars and 10/100 ($3,456.10) and One Thousand, Four Hundred Twenty -Seven Dollars and 80/100 ($1,427.80) were made respectively on February 25, 2009, and June 23, 2009; and Town of Wappinger Page 16 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 WHEREAS, the application was approved and the Resolution of Approval was signed by the Planning Board Chairman on June 8, 2010; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Three Hundred Fifty -Six Dollars and 30/100 ($356.30) remains in escrow account number 08-5143 and Applicants have 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 Applicants. 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 Applicants in the amount of Three Hundred Fifty -Six Dollars and 30/100 ($356.30) from escrow account number 08-5143, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-162 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 0 ❑ 0 ❑ Tabled Vincent Bettina Seconder 0 0 ❑ 0 ❑ Withdrawn Ismay Czarniecki Voter 0 0 0 0 Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-163 Resolution Authorizing the Issuance of a Purchase Order to Restripe the Town Hall and Emergency Services Parking Areas WHEREAS, the Town Board is the custodian of the lands and structures owned by the Town of Wappinger; and WHEREAS, the parking lot striping in the Town Hall and Emergency Services Building has faded; and WHEREAS, the cost to re -stripe the Town Hall parking area is $700.00 as verbally quoted through Easystreet; and WHEREAS, the cost to re -stripe the Emergency Services Building parking area is $600.00 as verbally quoted through Easystreet; and WHEREAS, the Town Board has appropriated funding for Town Hall and Emergency Services Building repairs and maintenance through Budget Line A1620.450. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town of Wappinger Accounting Department to issue a Purchase Order in an amount not to exceed One Thousand, Three Hundred Dollars and 00/100 ($1,300.00) for the purpose of re - striping the Town Hall and Emergency Services Building parking areas from Budget Line A1620.450. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-163 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 0 0 0 ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ 0 0 Joseph Paoloni Seconder 0 ❑ ❑ 0 Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 17 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 RESOLUTION: 2011-164 Resolution Appointing Members to the Town of Wappinger Fire Prevention Bureau WHEREAS, the Town of Wappinger is provided fire service protection through the New Hackensack, Hughsonville and Chelsea Volunteer Fire Districts; and WHEREAS, the Town of Wappinger Fire Prevention Bureau is comprised of representatives from each District; and WHEREAS, the New Hackensack Fire District, in a memo received April 15, 2011, has recommended the continuing appointments of Jeff Mulligan and Roger Munoz to the Town of Wappinger Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby appoints Jeff Mulligan and Roger Munoz to the Town of Wappinger Fire Prevention Bureau representing the New Hackensack Fire District. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-164 Yes/Aye ', No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled lsmay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-165 Resolution Authorizing the Use of Town Roads for a Ragnar Relay Race on May 13-14, 2011 WHEREAS, Ragnar Events, LLC, as sponsored by NordicTrack, annually schedules two hundred (200) mile relay races throughout North America; and WHEREAS, Ragnar Events, LLC, is scheduling a race that passes through the Town of Wappinger on May 13 - 14, 2011; and WHEREAS', the relay race will be utilizing the Town roads of Fenmore Drive, Cady Lane, Kent Road, Daley Road, Maloney Road, Smith Crossing Road, Diddell Road, DeGarmo Hills Road, the State road Route 376 and the County Roads of Myers Corners Road (CR -93) and All Angels Hill Road (CR -94); and WHEREAS, Ragnar Events, LLC, is responsible for gaining all authorizations necessary for the use of State and County roads; and WHEREAS, Ragnar Events, LLC, will name the Town of Wappinger as a certificate holder under its general liability policy; and WHEREAS, the Town Board hereby authorizes the use of the aforementioned Town roads in accordance with the advice offered by the Town Highway Superintendent, Attorney to the Town and Town Insurance Consultant for the Ragnar Relay Race on May 13-14, 2011. 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 Ragnar Events, LLC, to use the aforementioned Town roads for a Relay Race, as described in a letter from Glen Goldstein, dated April 5, 2011, and a email from Meghan Reynolds, dated April 18, 2011, on the express condition that the Town of Wappinger is named as a certificate holder under Ragnar's general liability policy with said coverage to be us" in the minimum of $1,000,000 per occurrence; said certificate of insurance to be in form acceptable to the Town's Insurance Consultant and Attorney to the Town. Town of Wappinger Page 18 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 XI. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-165 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ 0 ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 0 0 0 ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ 0 Jose h Paoloni Seconder 0 ❑ 0 0 Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-126 Resolution Appointing a Member to the Town of Wappinger Board of Assessment Review WHEREAS, a vacancy exists in the Town of Wappinger Board of Assessment Review effective March 23, 2011, and WHEREAS, the position was held by Bridget Gannon-Tyliszczak through March 23, 2011, with a term to expire September 30, 2014; and WHEREAS, the Town Board of the Town of Wappinger wishes to appoint Kristina Costa to fill the unexpired portion of the five-year term on the Board of Assessment Review, which expires on September 30, 2014. NOW, THEREFORE, BE IT RESOLVED, that Kristina Costa is hereby appointed to fill the five-year term through September 30, 2014 on the Board of Assessment Review. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-126 ❑ Adopted Yes/Aye No/Nay Abstain Absent O Adopted as Amended Christopher Colsey Voter 0 0 ❑ ❑ ❑ Defeated William Beale Initiator 0 0 0 ❑ ❑ Tabled Vincent Bettina Voter ❑ 0 0 0 ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 0 ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. Items for Special Consideration Motion To: add Resolution 2011-170 to the Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2011-170 Resolution Introducing Local Law # _ of 2011 Which Would Specify a New Zoning Map WHEREAS, the Town Board is considering the adoption of Local Law_ of 2011 which would specify a new Zoning Map in Chapter 240, Zoning, of the Town Code; and WHEREAS, the Town Board has determined that the specification of a new Zoning Map in Chapter 240 in a Type II action in accordance with the State Environmental Review Act (SEQRA) because said specification is a replacement in kind with no substantive changes; and WHEREAS, Type II actions require no further processing in accordance with SEQRA. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and Town of Wappinger Page 19 Printed 4129/2011 Regular Meeting Minutes April 25, 2011 statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption of proposed Local Law of 2011 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law _ of 2011 for 7:30 PM on the 13th day of June, 2011 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a) To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b) To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and c) To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-170 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator D ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki seconder D ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. Motion To: add Resolution 2011-171 to the Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarnecki, Paoloni RESOLUTION: 2011-171 A Resolution Authorizing the Purchase of a Tow -Behind Mower, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $15,000, and Authorizing the Issuance of $15,000 Bonds of Said Town to Pay the Cost Thereof WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act as a Type II Action, have been performed; and WHEREAS, it is now desired to authorize such capital project and its financing. NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The purchase of a tow -behind mower, in and for the Town of Wappinger, Dutchess County, New York, including incidental equipment and expenses, is hereby authorized at a maximum estimated cost of $15,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by Town of Wappinger Page 20 11rentea 41zy1tu! j Regular Meeting Minutes April 25, 2011 the issuance of $15,000 bonds of said Town, hereby authorized to be issued therefor 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 five years, pursuant to subdivision 28 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 not exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 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 bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, 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. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, 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 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 7. 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 8. 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 9. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 8 1. 00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-171 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Seconder 0 ❑ 0 ❑ ❑ Tabled Vincent Bettina Initiator 2 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ 0 Joseph Paoloni Voter Q ❑ 0 ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 21 Printed 4/29/2011 o— dr nnoo+ina Minutes Motion To: add Resolution 2001-172 to the Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2011-172 April 25, 2011 A Resolution Authorizing, Subject to Permissive Referendum, the Purchase of a Vactor, in and for the Town of Wappitiger, Dutchess County, New York, at a Maximum Estimated Cost of $350,000, and Authorizing the Issuance of $350,000 Bonds of Said Town to Pay the Cost Thereof WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act as a Type II Action, have been performed; and WHEREAS, it is now desired to authorize such capital project and its financing. NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The purchase of a vactor, in and for the Town of Wappinger, Dutchess County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $350,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $350,000 bonds of said Town, hereby authorized to be issued therefor 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 fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the 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 for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year unless paid from other revenues. To the extent not paid from other sources, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 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 bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, 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. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, 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 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 7. 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 8. 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 Town of Wappinger Page 22 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 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 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper(s) of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 8 1. 00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-172 RI Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 0 0 0 ❑ Defeated William Beale Initiator 9 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter p 0 0 0 ❑ Withdrawn Ismay Czarniecki Seconder D 0 0 0 Jose h Paoloni Voter p 0 ❑ 0 Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. XII. New Business Councilman Beale New Business Councilman Beale noted that he was driving through the 3rd Ward and saw the parcel on the corner of Wildwood Drive and New Hackensack Road. He asked Councilwoman Czarniecki if she had an update. Councilwoman Czarniecki answered that the site has gotten better. She will give it a few days before bringing it up again. She went on to say that the beautification sign has been put up and looks nice. Councilman Bettina New Business Councilman Bettina asked for an update on the installation of the docks at Chelsea. Steve Frazier, Buildings and Grounds Supervisor, noted that the docks are already in place. Councilman Beale asked if there is anyone that checks on the docks on a regular basis. Mr. Frazier replied that they check on the docks every Monday when they do the trash runs. Discussion followed. Councilwoman Czarniecki New Business Councilwoman Czarniecki claimed that Jim Chappas, a member of the Recreation Committee, has submitted a letter offering to resign from the Committee. She asked if any other Board Members have heard any reasons why Mr. Chappas has missed the meetings that he's missed. She would prefer not to accept the resignation if avoidable. Councilman Paoloni New Business Councilman Paoloni asked the Engineer to the Town, Bob Gray, for an update on Blackwatch. Mr. Gray met with John O'Donnell, Roger Humeston and Graham Foster last Tuesday. They established a schedule to do the work. Other than the paving, there is a dry hydrant that is supposed to go in. They are ordering the parts that they need for that. Councilman Paoloni asked if not having the dry hydrant would be a "show -stopper". Mr. Gray confirmed that it would be a "show -stopper". All of the work has to be done first. Councilman Paoloni asked if proof that the parts have been ordered has been submitted. Mr. Gray replied that he has been trying to call them every week. Al Roberts, Town Attorney, noted that the bond has been extended. Councilman Paoloni asked what the Town could do if the hydrant doesn't come in. Mr. Roberts answered that the bond could be pulled. Councilman Paoloni asked if the contractor is aware that the Town will pull the bond if need be. Mr. Gray and Mr. Foster confirmed. Supervisor Colsey New Business Supervisor Colsey noted that he took part in a seminar at Roy C. Ketcham High School on cyber bullying. The students of an art class put together the seminar. It will be on Cablevision. The Supervisor commended the students on doing a great job addressing this social concern. Town of I'Vappinger Page 23 Printed 4/29/2011 Reeular Meetiniz Minutes XIII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman j SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni ........_._....._........... .................................... . A. Code Enforcement Personnel Performance & Staffing April 25, 2011 .o" B. Sheriff Activity Report C. PETNY Update Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni XIV. Tax Certiorari Resolutions RESOLUTION: 2011-153 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Outback Steakhouse #3357 WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2006-07, 2007-08, 2008-09, 2009-10 and 2010-11 by Outback Steakhouse 43354, regarding Grid No. 6158-04-623038, seeking a reduction in the 2006-07 through 2010-11 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 2006-07 through 2010-11, as it pertains to Grid No.6158-04-623038, as fnl 1 nwc Tax Year Original Total Assessment Revised Total Assessment Reduction 2004-05 696,138 696,138 -0- 2005-06 663,600 663,600 -0- 2006-07 588,000 588,000 -0- 2007-08 2,252,500 1,900,000 352,500 2008-09 2,252,500 1,800,000 452,500 2009-10 2,252,500 1,600,000 652,500 2010-11 2,252,500 1,600,000 652,500 2011-12 1,600,000 1,600,000 -0- BE IT FURTHER RESOLVED, that the Town Supervisor, "l own Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. Town of'Wappinger Page 24 Printed 412912011 Regular Meeting Minutes April 25, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-153 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 0 ❑ 0 ❑ Defeated William Beale Voter Rl 0 0 ❑ 0 Tabled Vincent Bettina Initiator RI 0 0 0 ❑ Withdrawn Ismay Czarniecki Voter p p 0 0 Jose h Paoloni Seconder p 0 0 0 Dated: Wappingers Falls, New York April 25, 2011 .W - The Resolution is hereby tabled. RESOLUTION: 2011-154 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Valvoline Instant Oil Change WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2006, 2007 and 2008 by Valvoline Instant Oil Change regarding premises located at 1158 Route 9, Grid # 6157-04-680140, seeking a reduction in the 2006 through 2008 tax assessment for those respective tax rolls; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petitions requesting a reduction in said tax roll reduction; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of this tax review proceeding. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 2006 through 2009, as it pertains to Grid No.: 6157-04-680140. Original Reduction in Final Tax Year Assessment Assessment Assessment 2006 201,000 -0- 201,000 2007 510,000 -0- 510,000 2008 510,000 -0- 510,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, hereby authorize to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-154 ❑ Adopted Yes/Aye No/Nay, Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter Z 0 0 0 ❑ Defeated William Beale Voter 9 0 0 0 Tabled Vincent Bettina Initiator 0 0 0 0 ❑ Withdrawn Ismay Czarniecki Voter R1 0 0 0 Jose h Paoloni Seconder 0 0 0 0 Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby tabled. XV. Town Board Review of Vouchers RESOLUTION: 2011-167 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: 2011 - T Vendor I A I B I CH I DB I own of Wappinger Page 25 Printed 4/29/2011 ReEular Meeting Minutes April 25, 2011 PLEASE ADD THESE 2010 BILLS: Daniel Barry $61.45 Town of YVappinger Page 26 Printea 41tvizut t (General Townwide) (General PartTown) (Highway) CAMO Pollution Central Hudson $32.04 Central Hudson $436.98 Central Hudson $1,610.19 Central Hudson $73.26 Poughkeepsie JmI $63.85 Southern Dtc News $84.43 Southern Dtc News $60.24 MVP $24,317.37 $5,010.11 $16,374.50 MVP Gold $2,842.10 Kent Automotive $66.70 First Unum Life $243.12 $60.78 $151.95 Carquest $74.92 $239.88 Chemung Supply $1,784.00 Brady's Power Equip $69.16 Bostwick Sales $36.35 Baright Enterprises $10.50 $24.50 $7.00 Adams Power Equip $433.00 Donald Seifts $50.00 Donald Seifts $179.98 Global Translation $140.00 Williams Lumber $58.19 General Code $3,109.19 Publishers Grainger $153.00 Staples $190.98 Staples $130.36 Wells Fargo $699.30 Wells Fargo $168.97 Fastenal $30.59 Community Energy WB Mason $299.99 R. Costa $1,781.50 R. Costa $95.00 Winzer $145.02 Morris Associates $1,508.00 $6,148.00 $464.00 Morris Associates Morris Associates $1,563.15 $241.50 Ultimate Pest Control $50.00 AI's Auto $21.00 Wilson Oil $404.57 Jill Smith $12.16 A-1 Supply $153.75 A-1 Supply $61.98 Ford Motor Credit $8,672.71 Sarjo Industries $528.89 Wapp Falls Indians $1,250.00 Totals $40,459.16 $21,974.67 $241.50 $19,743.38 PLEASE ADD THESE 2010 BILLS: Daniel Barry $61.45 Town of YVappinger Page 26 Printea 41tvizut t Regular Meeting Minutes April 25, 2011 Daniel Barry $45.00 Vendor HNC LC LD LH CAMO Pollution (Keenan) Sewer) (Wapp. Central Hudson United) Central Hudson $750.00 Central Hudson Central Hudson Poughkeepsie Jrnl Southern Dtc News Southern Dtc News MVP MVP Gold Kent Automotive First Unum Life Carquest Chemung Supply Brady's Power Equip Bostwick Sales Baright Enterprises Adams Power Equip Donald Seifts Donald Seifts Global Translation Williams Lumber General Code Publishers Grainger Staples Staples Wells Fargo Wells Fargo Fastenal Community Energy $1.71 $42.45 $125.62 WB Mason R. Costa R. Costa Winzer Morris Associates $3,045.00 Morris Associates Morris Associates Ultimate Pest Control AI's Auto Wilson Oil Jill Smith A-1 Supply A-1 Supply Ford Motor Credit Sarjo Industries Wapp Falls Indians Totals $3,045.00 $1.71 $42.45 $125.62 Vendor SDK SU (United WU T92 (Keenan) Sewer) (Wapp. United) CAMO Pollution $750.00 uwn uj rruppinger Page 27 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Jrnl Southern Dtc News Southern Dtc News MVP MVP Gold Kent Automotive First Unum Life Carquest Chemung Supply Brady's Power Equip Bostwick Sales Baright Enterprises Adams Power Equip Donald Seifts Donald Seifts Global Translation Williams Lumber General Code Publishers Grainger Staples Staples Wells Fargo Wells Fargo Fastenal Community Energy WB Mason R. Costa R. Costa Winzer Morris Associates Morris Associates Morris Associates $253.00 Ultimate Pest Control AI's Auto Wilson Oil Jill Smith A-1 Supply A-1 Supply Ford Motor Credit Sarjo Industries Wapp Falls Indians Totals $253.00 ;11 11 $15,988.87 $11,059.64 $4,806.56 $214.20 $4,460.00 $16,448.87 1 $11,059.64 1 $10,230.76 Now 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 April 25, 2011, 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 I11'appinger Page 28 Printed 4129/2(111 Regular Meeting Minutes April 25, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-167 A (General Townwide) B (General PartTown) DB (Highway) Central Hudson $2,343.40 D Adopted ❑ Adopted as Amended Christopher Colsey Voter Yes/Aye p No/Nay p Abstain 0 Absent ❑ Defeated William Beale Initiator R1 ❑ ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 10 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter R1 p 0 O Jose h Paoloni Voter El p El Bostwick Sales Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-168 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: 2011 - U Vendor A (General Townwide) B (General PartTown) DB (Highway) Central Hudson $2,343.40 Central Hudson $64.07 Kmart $238.80 Verizon $26.01 DC Sheriff $3,214.91 $11,792.04 Healthquest $220.00 $90.00 Anaconda Sports $162.50 Tri Muni Sewer Comm NYS Unemployment $6,652.43 $918.00 Bostwick Sales $9.99 Adams Power Equip $36.08 Momma's Towing $125.00 Williams Lumber $206.64 Dut Co Truck Parts $307.50 Hillman Signs $93.00 Grainger $397.80 Grainger $152.78 Conrad GeoScience $480.75 Zee Medical $83.39 Fishkill Plains Garage $42.00 Oriental Trading $54.95 WB Mason $299.98 WB Mason $191.55 R. Costa $682.00 Bill Beale $161.26 Big Top Portables $312.50 $195.50 Rancourt and Sons $10,000.00 NYALGRO $30.00 Clark Patterson Lee Clark Patterson Lee Verizon Wireless $311.74 $734.09 Amazon $9.95 Fredrick Awino $88.10 Town of Wappinger Page 29 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 Delta Dental $1,571.50 $328.60 Frank Bartolomeo Regina Dauzat $7.80 Totals $26,966.60 $14,503.93 $1,166.08 Vendor CBG (Challenger Field) SU (United Sewer) T92 (Escrows) Central Hudson Central Hudson Kmart Verizon DC Sheriff Healthquest Anaconda Sports Tri Muni Sewer Comm $203,462.58 NYS Unemployment Bostwick Sales Adams Power Equip Momma's Towing Williams Lumber Dut Co Truck Parts Hillman Signs Grainger Grainger Conrad GeoScience Zee Medical Fishkill Plains Garage Oriental Trading WB Mason WB Mason R. Costa Bill Beale Big Top Portables Rancourt and Sons NYALGRO Clark Patterson Lee $2,235.00 Clark Patterson Lee $1,303.75 Verizon Wireless Amazon Fredrick Awino Delta Dental Frank Bartolomeo $2,778.35 Regina Dauzat Totals $2,235.00 $203,462.58 $4,082.10 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers Now listed above were audited by a majority of the Town Board at the public meeting of April 25, 2011, 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 30 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-168 A (General Townwide) B (General PartTown) Dg (Highway) WF (Fleetwood) Central Hudson 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter p p ❑ 0 ❑ Defeated William Beale Initiator p 0 ❑ ❑ ❑ Tabled Vincent Bettina Seconder p ❑ ❑ 0 ❑ Withdrawn Ismay Czarniecki Voter p ❑ ❑ MVP Gold $2,842.10 1- —h Paoloni Voter p Corbin Excavating Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-169 Resolution Approving Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2011 - V Vendor A (General Townwide) B (General PartTown) Dg (Highway) WF (Fleetwood) Central Hudson $1,172.57 Central Hudson $1,257.97 Central Hudson $68.31 Marshall & Sterling $825.00 Signal Graphics $28.36 James Baisley $650.00 MVP $23,706.38 $5,010.11 $16,374.50 MVP Gold $2,842.10 Corbin Excavating $594.00 West Payment Center $152.00 West Payment Center $531.60 Capital Markets $280.00 $320.00 $1,400.00 General Code $215.00 Village of Fishkill $7,264.45 International Salt $64,389.88 Staples $43.86 Reserve Account $4,500.00 Telvent $558.00 Poland Springs $180.17 WB Mason $10.99 CDW-G $72.98 Crown Trophy $90.00 Fleetpride $47.30 Hannaford $2.99 Dutchess ProPrint $1,545.73 Sweeper Parts Sales $394.60 Sweeper Parts Sales $1,192.20 Totals $37,104.17 $5,751.95 $85,600.48 $7,264.45 own of I'Vappinger Page 31 Printed 4/29/2011 Regular Meeting Minutes April 25, 2011 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by the Town Board at the public meeting of April 25, 2011, 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 -2011-169 Yes/Aye No/Nay Abstain Absent * Adopted Christopher Colsey Voter 2 ❑ ❑ ❑ -- ❑ Adopted as Amended William Beale Initiator 2 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter _ 0 ❑ ❑ ❑ ❑ Withdrawn Joseoh Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 25, 2011 The Resolution is hereby duly declared adopted. XVI. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni The meeting adjourned at 10:27 PM. n C. Masterson Town Clerk Town of Wappinger Page 32 Printed 412912011