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2011-06-27 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Monday, June 27, 2011 7:30 PM Town Hall 7:30 PM Meeting called to order on June 27, 2011 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. L Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Discussions A. Temporary Help for the Lone Building Inspector - Paoloni V. Minutes Approval Monday, June 13, 2011 Monday, June 20, 2011 VI. Correspondence Log 2011-234. Resolution Authorizing the Acceptance of the Correspondence Log VII. Public Portion VIII. Resolutions 2011-235. Resolution Authorizing Enforcement Proceedings against Tom Allan Masch for Continuing Violations of the Town Code 2011-236. Resolution Authorizing the Use of Wappinger Town Hall for an American Red Cross Blood Drive 2011-237. Resolution Declaring Parks Maintenance Equipment Surplus and Authorizing Sale by Public Bid 2011-238. Resolution Authorizing the Increase of Hours of the Municipal Secretary within the Recreation Department Due to a Departmental Voluntary Resignation 2011-239. A Resolution Authorizing, Subject to Permissive Referendum, the Reconstruction and Repaving of Roads in and Throughout the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $ , and Authorizing the Issuance of $ Bonds of Said Town to Pay the Cost Thereof 2011-240. Resolution Authorizing Refund of Unused Escrow for Van Benschoten Site Plan (Account 10-3198) 2011-241. Resolution Authorizing Refund of Unused Escrow for Zeller Subdivision (Account 09-5150) 2011-242. Resolution Scheduling Meeting with NYC DEP 2011-243. Resolution Authorizing Settlement Commenced by MJW Consulting, Inc., Against Town of Fishkill, Town of LaGrange, Town of Wappinger, Town of East Fishkill, Town of Union Vale and City of Beacon 2011-244. Resolution Authorizing the Purchase of Computer Equipment for the Assessor's Office 2011-245. Resolution Accepting Easements Relative to Pocket Ponds Located in the Blackwatch Farm Subdivision 2011-246. Resolution Appointing a Stormwater Management Officer 2011-247. Resolution Authorizing Voluntary Counselor in Training Personnel within the Wappinger Summer Camp Program 2011-251. Resolution Setting Salary Scale and Appointing Summer Employees for the Town of Wappinger 2011 Summer Programs IX. Items for Special Consideration X. New Business XI. Executive Session A. Absolute Property -Attorney Advice B. Blackwatch Easement Issue - Attorney Advice XII. Town Board Review of Vouchers 2011-248. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-249. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-250. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIII. Adjournment Town of Wappinger Page 1 Printed 612312011 Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes Chris Masterson William Beale 845-297-5771 Monday, June 27, 2011 7:30 PM Town Hall Call to Order Supervisor Colsey called the Meeting to order at 7:32 PM. 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 Bob Gray Town of Wappinger Engineer to the Town Present Al Roberts Town of Wappinger Attorney to the Town Present Graham Foster Town of Wappinger Highway Superintendent Present Steve Frazier Town of Wappinger SUPV Buildings & Grounds Present Salute to the Flag Adoption of Agenda Supervisor Colsey Statement Supervisor Colsey noted that there is a revised Agenda. Motion To: adopt the revised Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni IV. Discussions A. Temporary Help for the Lone Building Inspector - Paoloni Supervisor Colsey opened the discussion at 7:33 PM. The floor was then turned over to Councilman Paoloni, as the sponsor of this discussion item. Councilman Paoloni stated that a building inspector has asked for part-time help over the summer. He went on to say that this could be accomplished by hiring a part-time inspector or by entering into a shared services agreement. The Board discussed the existing budget line for the position that was vacated by resignation. They also discussed whether this new part-time employee would be paid benefits. Councilman Beale stated that, if the department head feels that there is a need for an additional individual for a temporary period, he will have no objection. He noted that the Board needs to decide on how the position will be filled. Councilman Bettina agreed. Councilman Paoloni pointed out that the Building Department is so busy during the summertime that it is difficult for the department employees to take a day off. Councilman Beale added that there is still a cohesion issue in that office. Residents are still complaining that they are not getting answers on the phone and employees are working at other jobs on their days off. He recommends that there be a "floater" or per diem employee. He had also suggested having employees that are not busy do 1203's. Councilman Bettina commented on a point made by Councilman Beale. Councilman Bettina ,Feels that employees are free to do whatever they want on their days off. Councilman Beale agreed, but noted that it could be an issue when there is only one individual in a certain job description. Sal Morello, the Code Enforcement department head, was asked to approach the dais to answer questions. Councilman Bettina asked for clarification about the work -load in the office. Mr. Morello noted that the department is in the heart of the building season. He is asking for this additional employee through the rest of the year. Councilman Beale recommended entertaining a part-time person only until the Board begins discussing the budget. Councilman Bettina agreed. Town of Wappinger Page I Printed 7/7/2011 Regular Meeting Minutes June 27, 2011 N Councilman Beale asked if there were any qualified individuals that are available. Mr. Morello answered that he would definitely need someone that is certified and has experience. He would need someone that could work about 15-20 hours per week. Councilman Paoloni asked if it would be possible to have some sort of arrangement where an employee could be selected from a pool, based on availability. Al Roberts, Attorney to the Town, explained that Susan Dao is on the preferred list. There are also three other certified Code Enforcement Officers in that office that could be used. Councilman Bettina understood that the request is to bring someone on board in addition to the employees currently working in that office. Councilman Paoloni asked Mr. Morello how many people are currently performing the duties that he is asking for help with. Mr. Morello answered that he is the only one doing the work. The Zoning Administrator, Fire Inspector and Planning Board/ZBA secretary are also certified, but are not able to do the building inspector work. Discussion followed. Supervisor Colsey clarified that the Board has reached consensus that the employee would be working 17.5 hours per week. He added that the appointee will be a certified Code Enforcement Officer. The Board agreed. Supervisor Colsey went on to say that the appointee must have passed a civil service test. Mr. Roberts answered that the appointee will need to be a State -certified CEO and it will need to be cleared through civil service. Supervisor Colsey asked how the employee will be selected. The Board answered that they would like to interview candidates based on the recommendations of Mr. Morello and the Supervisor. Councilman Beale would like to be presented with a list of no more than three candidates prior to the next Town Board Meeting. Supervisor Colsey added that the Resolution will be ready by the next Meeting as well. Discussion followed. Councilman Bettina made a motion to amend the schedule for the Meeting of July 11th to start at 7:00 PM. The motion was seconded by Councilman Beale and passed unanimously. Councilman Paoloni made a motion to authorize the Attorney to the Town and Town Supervisor to meet with Civil Service and obtain a list, if necessary. The motion was seconded by Councilman Bettina and passed unanimously. Councilman Beale made a motion to authorize the drafting of a Resolution for the July 11 ih Town Board Meeting for the purpose of hiring a part-time Code Enforcement Officer, not to exceed seventeen and a half hours, in accordance with civil service's advice. The motion was seconded by Councilman Bettina and passed unanimously. Motion To: amend the schedule for the Meeting of July 11 ih to start at 7:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Motion To: authorize the drafting of a Resolution for the July 11th Town Board Meeting for the purpose of hiring a part-time Code Enforcement Officer, not to exceed seventeen and a half hours, in accordance with civil service's advice RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Minutes Approval Monday, June 13, 2011 ✓ Vote Record - Acceptance of Minutes for June 13, 20117:30 PM Yes/Aye No/Nay Abstain Absent Christopher Colsey Seconder 0 ❑ ❑ ❑ D Accepted William Beale Initiator 0 El ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 El ❑ ❑ Tabled Ismay Czarniecki Voter 2 ❑ ❑ ❑ Joseph Paoloni Voter 10 ❑ ❑ ❑ Monday, June 20, 2011 ✓ Vote Record- Acceptance of Minutes for June 20, 20116:30 PM Yes/Aye No/Nay Abstain Absent Christopher Colsey Seconder ❑ ❑ ❑ Accepted William Beale Initiator D ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter D ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter D ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Town of Wappinger Page 2 Printed 7/7/2011 Regular Meeting Minutes June 27, 2011 VI. Correspondence Log RESOLUTION: 2011-234 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 -2011-234 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 0 0 0 ❑ Defeated William Beale Initiator Z 0 0 0 ❑ Tabled Vincent Bettina Seconder R 0 0 0 ❑ Withdrawn Ismay Czarniecki Voter Z 0 0 0 Jose h Paoloni Voter D 0 ❑ 0 Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. VII. Public Portion Motion To: open the floor for Agenda items RESULT: ADOPTED [UNANINIOUSI MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Comments The first resident to speak was Barbara Gutzler. She noted that, since taxpayer funds and the use of Town equipment are always on the Agenda, she would like to know what the status is with the Town seal that should be affixed to the Town Supervisor's car. She noticed that the Town seal has not been on the car for quite a long time. She asked if there is a problem, since there are seals on all of the other cars. Supervisor Colsey explained that he personally crafted a Resolution to authorize and direct that the seal be purchased and affixed to the car. Ms. Gutzler asked if that means that no seal has been available for the Supervisor's car. Supervisor Colsey answered that the car was bought in 2005. A seal may have been purchased recently, but the car has not had a seal since it was purchased by the previous Supervisor. Councilman Bettina asked what the personnel manual calls for. Discussion about the policy followed. Ms. Gutzler asked that this be looked into. Supervisor Colsey explained again that he personally crafted this Resolution and sent it to a certain Board Member to sponsor. That Board Member failed to submit it and, therefore, it did not make the Agenda. Ms. Gutzler stated that she is bringing this item up because it is a concern. Councilman Beale pointed out that there is a reason that there is no seal on the certain elected officials' vehicles. Especially in the wake of what happened to Congresswoman Giffords, he feels that there is a genuine security issue. Councilman Bettina feels that the elected officials should have seals on the car to show that they are proud to hold the position and so that the residents can see that them out around town. Supervisor Colsey explained these seals make a good target for someone that is desperate. Both he and the previous Town Supervisor have had issues with residents trying to attack them. If the other Board Members would like to put targets on the Supervisor's vehicle, they can sponsor the Resolution that he crafted. He wants it to be on record so that he can vote against it and point out that it is a safety issue. Councilman Bettina feels that the vehicle is paid for by the taxpayer and Supervisor Colsey chose to run for the position. Councilman Beale asked Councilman Bettina why no other Executives of any other government have seals on their vehicles. Councilman Bettina answered that he is just looking at the policy in the Town of Wappinger. Discussion followed. Councilman Beale noted that there are far more important issues that the Town Board should be dealing with, especially with the passing of a 2% tax cap, than putting seals on the side of a supervisor's vehicle that hasn't had seals since 2003. Town of Wappinger Page 3 Printed 7/7/2011 Rpaldar MpptinLy Minutes June 27, 2011 Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni VIII. Resolutions RESOLUTION: 2011-235 Resolution Authorizing Enforcement Proceedings against Tom Allan Masch for Continuing Violations of the Town Code WHEREAS, the property located at 150 Old Post Road in the Town of Wappinger, County of Dutchess; State of New York, and further identified by Tax Map Parcel #6157-04- 614382-00 (hereafter the "Property") is located in an HB Highway -Business Zoning District; and WHEREAS, based upon visual inspection it appears the property is being used in violation of numerous provisions of the Town Zoning Ordinance and the New York State Property Maintenance Code; and WHEREAS, it appears that it is in the best interest of the Town of Wappinger that action be authorized to compel the owner of the property to comply with the Codes. NOW THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board authorizes Special Counsel to the Town, Scott L. Volkman, Esq., or any member of his firm, to commence and prosecute to its conclusion an enforcement action or actions against the owners and occupants of the subject property to wit: Thomas Allan Masch and/or any entity determined to be doing business on the property or deemed appropriate to include in such action, or their successors in Supreme Court, Dutchess County and/or Justice Court, Town of Wappinger, or any other court of competent jurisdiction to bring the subject property into compliance with the Town of Wappinger Zoning Code, the New York State Uniform Code, and any other rules and regulations of the Town of Wappinger, or any other regulatory agency having jurisdiction over the Property. 3. Supervisor Christopher J. Colsey and Zoning Administrator Barbara Roberti are also authorized to execute any and all documents necessary for the commencement and continuation of said lawsuit and to cooperate with Special Counsel to the Town to facilitate this litigation The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-235 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Initiator 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ 0 ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Withdrawn Ismay Czarniecki Voter ❑ ❑ 0 ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-236 Resolution Authorizing the Use of Wappinger Town Hall for an American Red Cross Blood Drive WHEREAS, the Town Board is the custodian of all Town owned properties; and WHEREAS, the Town of Wappinger is frequented by organizations seeking to use the public meeting spaces, to include the large meeting room, Senior Center, Schlathaus Park office building and Courtroom; and WHEREAS, the Town Board established a committee to develop a Town Hall Usage policy on February 28, 2011; and Town of Wappinger Page 4 Printed 7/7/2011 Regular Meeting Minutes June 27. 2019 WHEREAS, in the absence of a finalized policy, the Town Board shall consider applications for usage of Town owned buiildings; and WHEREAS, the American Red Cross, in an application provided to the Town Supervisor on June 13, 2011, has requested use of Town Hall on December 19, 2011, from 12:00pm - 5:00pm, for a Blood Drive; and WHEREAS, the American Red Cross has further requested a waiver of the $100.00 building usage fee; and WHEREAS, the application from the American Red Cross, along with the Certificate of Insurance, has been provided to the Town Board in advance of this Town Board meeting, NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the American Red Cross to utilize the Town of Wappinger Town Hall on December 19, 2011, from 12:00pm - 5:00pm, for a Blood Drive. 3. The Town Board hereby authorizes the Town Supervisor to waive the $100.00 building usage fee. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-236 0 Adopted Yes/Aye No/Nay, Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ 0 0 ❑ Defeated William Beale Voter 0 ❑ ❑ 0 ❑ "Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ 0 Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-237 Resolution Declaring Parks Maintenance Equipment Surplus and Authorizing Sale by Public Bid WHEREAS, the Town of Wappinger owns a disc mower which has been in disrepair and in storage for a period exceeding five (5) years under the custody of the Department of Buildings and Grounds; and WHEREAS, the equipment was replaced due to the extent of the repairs; and WHEREAS, the Supervisor of Buildings and Grounds has recommended that the above item be deemed surplus and should be sold by public bid; and WHEREAS, in the event that no bids are received for the equipment within the prescribed period of the public publication, the Supervisor of Buildings and Grounds is hereby authorized to sell the equipment for scrap salvage, with proceeds and supporting documentation to be delivered to the Town Accountant. 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 determines that the disc mower has no further use by the Town and is a surplus item. 3. The Supervisor of Buildings and Grounds, the Town Supervisor and the Town Clerk are hereby authorized to solicit bids from the public, or to hold a public auction for the above noted surplus items; said surplus items shall be sold in AS IS CONDITION without any warranty as to condition. 4. In the event that no bids are received for the equipment within the prescribed period of the public publication, the Supervisor of Buildings and Grounds is hereby authorized to sell the equipment for scrap salvage, with proceeds and supporting documentation to be delivered to the Town Accountant. 5. Proceeds from the sale of the items shall be first used to pay debt service that is outstanding for the items, if any; and any balance that remains shall be paid into the A7110.419 (Tractors) budget line. Town of Wappinger Page 5 Printed 7/7/2011 Regular Meeting Minutes June 27, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-237 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-238 Resolution Authorizing the Increase of Hours of the Municipal Secretary within the Recreation Department Due to a Departmental Voluntary Resignation WHEREAS, the Town of Wappinger incurred a vacancy in the position of part-time municipal secretary in the Recreation Department due to a voluntary resignation; and WHEREAS, the Town Board had determined it beneficial to utilize the Eligibles List for the title municipal secretary from the Dutchess County Personnel Department to aid in the process of determining a qualified part-time candidate; and WHEREAS, the vacancy was filled by Donna Lenhart through Resolution 2011-108; and WHEREAS, the Town of Wappinger incurred a vacancy in the position of part-time typist, effective June 30, 2011, in the Recreation Department, due to the voluntary resignation of Stephanie Kovalsky; and WHEREAS, the Town of Wappinger Recreation Director issued a memo, received by the Supervisor's office on June 17, 2011, recommending Donna Lenhart to fill the vacancy created by the voluntary resignation, through an increase in hours not exceeding thirty-five (35) per week; and WHEREAS, the Town Board hereby sets the annual compensation at Twenty -Six *AM Thousand Dollars ($26,000.00); and WHEREAS, the Town Board hereby authorizes the Town Supervisor to increase the hours of Donna Lenhart to a weekly schedule not exceeding thirty-five (35) hours to fill the aforementioned vacancy. 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 the Town Supervisor to increase the hours of Donna Lenhart to a weekly schedule not exceeding thirty-five (35) hours, to fill the aforementioned vacancy. 3. The Town Board hereby authorizes the Town Accountant to issue payroll from Budget Line A7020.101 and Budget Line A7020.103 to a maximum aggregate compensation of Twenty -Six Thousand Dollars ($26,000.00). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-238 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 7/7/2011 Regular Meeting Minutes June 27. 2011 RESOLUTION: 2011-239 A Resolution Authorizing, Subject to Permissive Referendum, the Reconstruction and Repaving of Roads in and Throughout the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $ , and Authorizing the Issuance of 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 reconstruction and repaving of roads in and throughout the Town of Wappinger, Dutchess County, New York, including sidewalks, curbs, gutters, landscaping, grading or improving the rights of way, as well as incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $ _ Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $ _ 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 20(c) 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 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 5 1. 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. Town of Wappinger Page 7 Printed 7/7/2011 Regular Meeting Minutes June 27, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-239 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ 0 Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby tabled. RESOLUTION: 2011-240 Resolution Authorizing Refund of Unused Escrow for Van Benschoten Site Plan (Account 10-3198) WHEREAS, on or about March 12, 2010, Jared Van Benschoten, as Manager of JVB Group, LLC (hereinafter the "Applicant"), filed an application for Site Plan Approval under Application Number 10-3198; and WHEREAS, on or about March 12, 2010, the Applicant deposited Five Hundred Dollars ($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, the application was approved and the Resolution of Approval was signed by the Planning Board Chairman; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Five Hundred Dollars ($500.00) remains in escrow account number 10-3198, and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of Five Hundred Dollars ($500.00) from escrow account number 10-3198, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ,,'-Vote Record - Resolution RES -2011-240 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Initiator 0 ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-241 Resolution Authorizing Refund of Unused Escrow for Zeller Subdivision (Account 09- 5150) WHEREAS, on or about May 15, 2009, Donald Zeller (hereinafter the "Applicant") filed an application for Subdivision Approval under Application Number 09-5150; and WHEREAS, on or about July 30, 2009, the Applicant 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, an additional deposit in the amount of Seven Thousand, One Hundred Fourteen Dollars and 50/100 ($7,114.50) was made on August 13, 2010; and WHEREAS, the application was approved and the Resolution of Approval was signed Town of Wappinger Page 8 Printed 7/7/2011 Regular Meeting Minutes June 27. 2011 by the Planning Board Chairman on February 28, 2011; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Five Thousand., Five Hundred Twenty -Two Dollars and 60/100 ($5,522.60) remains in escrow account number 09-5150 and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of --. Five Thousand, Five Hundred Twenty -Two Dollars and 60/100 ($5,522.60) from escrow account number 09-5150, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-241 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ 0 ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-242 Resolution Scheduling Meeting with NYC DEP WHEREAS, a portion of the New York City Water Supply System passes through the Town of Wappinger via the Delaware Aqueduct Rondout-West Branch Tunnel (hereinafter Delaware Aqueduct) through the Hamlet of Chelsea; and WHEREAS, major renovations are! being made to this Water Supply System, which renovations shall include the construction of a new bypass tunnel underneath the Hudson River as well as the construction of a new shaft at the Chelsea site owned by NYC DEP; and WHEREAS, the construction of the aforementioned improvements will take many years to complete and will have a significant impact on the residents of the Town of Wappinger and particularly the residents of the Town located in the vicinity of the Hamlet of Chelsea; and WHERERAS, the construction of the improvements to the Delaware Aqueduct is being coordinated through the New York City Department of Environmental Protection (NYC DEP); and WHEREAS, representatives of NYC DEP have indicated that the City of New York agrees in concept to provide a water supply from the Delaware Aqueduct to the Town of Wappinger; and WHEREAS, the Attorney to the Town, Albert P. Roberts, and representatives of NYC DEP have suggested a meeting between the Town Board and representatives of NYC DEP to negotiate the terms and conditions of such a water supply from the Delaware Aqueduct. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, vomm to coordinate a meeting with the Town Board and representatives of NYC DEP at a (special/regular) Town Board Meeting to be held on any one of the following dates at the following times: Date Time 07/25/11 6:30 PM 3. At such time as a mutually acceptable date and time is agreed upon, the Attorney to the Town will notify the Town Board Members and the Town Clerk who, shall in turn, notify the Town Board Members of the meeting date, and, if a special meeting date is selected, shall notify the media and post the date and time of the special meeting as required by law. Town of Wappinger Page 9 Printed 7/7/2011 Regular Meeting Minutes June 27, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-242 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Adopted as Amended William Beale Seconder 0 ❑ El ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ 11 El Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-244 Resolution Authorizing the Purchase of Computer Equipment for the Assessor's Office WHEREAS, the Town of Wappinger Assessor's Office is responsible for the collection and maintenance of Town of Wappinger residential and commercial valuations and assessments on an annualized schedule in accordance with the revaluation process; and WHEREAS, the "Town of Wappinger Assessor's Office employs a Real Property Data Collector whose primary responsibilities include the collection of residential and commercial property information; and WHEREAS, the Real Property Data Collector's desktop computer has been unreliable and was last replaced prior to 2003 based on the recollection of the staff and the age of the technology; and WHEREAS, the CAP Assessor proposes the replacement of the desktop computer with a laptop allowing the Real Property Data Collector to affect data in a field or office situation; and WHEREAS, the CAP Assessor further proposes updating the Office Suite of the CAP Assessor and Deputy Assessor, in addition to the proposed laptop installation; and WHEREAS, a verbal quotation on the proposal is $750 for the laptop and $750 for the three (3) Office 2007/2010 licenses for a total cost not to exceed One Thousand, Five Hundred Dollars ($1,500.00); and WHEREAS, the CAP Assessor proposed that the equipment be funded from the (HR) "Nov Townwide Revaluation Capital Account. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Town (CAP) Assessor to replace the desktop of the Real Property Data Collector with a laptop as noted above. 3. The Town Board hereby authorizes the Town (CAP) Assessor to purchase three Office 2007/2010 licenses as noted above. 4. The Town Board hereby authorizes the payment for the aforementioned equipment to be paid from the (HR) Townwide Revaluation Capital Account in an amount not to exceed One Thousand, Five Hundred Dollars ($1,500.00). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-244 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn IsmayCzarniecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-246 Resolution Designating a Stormwater Management Officer WHEREAS, pursuant to Chapter 213: "Stormwater Management, of the Code of the Town of Wappinger", the Town Board previously designated the Town of Wappinger Director Town of Wappinger Page 10 Printed 7/7/2011 Regular Meeting Minutes June 27, 2011 of Code Enforcement as the Stormwater Management Officer (SMO); and WHEREAS, the position of Director of Code Enforcement has been eliminated by the Town Board, and accordingly, the Town Board hereby intends to designate the Code Enforcement Officer of the Town of Wappinger as the Stormwater Management Officer (SMO). NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby designates Sal Morello as the Stormwater Management Officer (SMO), as required by Chapter 213 of the Town Code of the Town of Wappinger entitled "Stormwater Management". 3. The Attorney to the Town is also directed to amend Chapter 213 of the Code of the Town of Wappinger "Stormwater Management" to confirm that the Town Board has eliminated the position of Director of Code Enforcement and to further authorize the Town Board to designate additional Enforcement Officials by Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-246 ❑ Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ El Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ 0 0 Joseph Paoloni Voter 0 ❑ 0 Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-247 Resolution Authorizing Voluntary Counselor in Training Personnel within the Wappinger Summer Camp Program WHEREAS, the Town of Wappinger Summer Camp Program offers Counselor in Training positions for individuals under the required age of sixteen at each park location; and WHEREAS, the Town does not compensate the Counselor in Training personnel and thus are considered volunteers to the municipalities; and WHEREAS, the Counselors in Training are permitted solely for the purpose of gaining experience and training for the potential role of employed service within the Summer Camp Program; and WHEREAS, the Counselors in Training are not guaranteed future employment within the Summer Camp Program, as they are subject to the annual recruitment process, with employment subject to the recommendation of the Recreation Director and resolution of the Town Board; and WHEREAS, the Counselors in Training are subject to the direction of the Summer Camp Director staff and hold no authority in respect to the direction of camp staff or participants; and WHEREAS, Counselors in Training personnel do not count toward the mandated staffing requirements of the New York State Department of Health; and WHEREAS, the Town insurance policy provides coverage for volunteers; and WHEREAS, the Recreation Director and Summer Camp Director have recommended Nia Chin, Lindsey Colabelli, Simbarashe Mumanyi, Noema Paredes and Olesya Baisley to serve as voluntary Counselors in Training for 201 1. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Recreation Director and Summer Camp Director to designate Nia Chin, Lindsey Colabelli, Simbarashe Mumanyi, Noema Paredes and Olesya Baisley to serve as voluntary Counselors in Training for 2011. 3. The Counselors in Training .are subject to the direction of the Summer Camp Director staff and hold no authority in respect to the direction of camp staff or participants. 4. Employment is contingent upon the execution of a Medical Authorization form by the parent or legal guardian of the Counselor in Training. Town of Wappinger Page 11 Printed 7/7/2011 Regular Meeting Minutes June 27, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-247 Compensation Summer Director $15.45/hour Floating Director $15.00/hour Camp Directorw/ RTE $10.50/hour Camp Director w/o RTE Yes/Aye No/Nay Abstain Absent 21 Adopted Christopher Colsey Voter 10 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter B-7310.102 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator Justin Grey ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-251 Resolution Setting Salary Scale and Appointing Summer Employees for the Town of Wappinger 2011 Summer Programs WHEREAS, the Town of Wappinger offers a seven (7) week Summer Playground recreation program for youth at Castle Point Park, Martz Field, Quiet Acres Park, and Spook Hill Park; and WHEREAS, the Town of Wappinger offers additional summer instructional adult and youth programs; and WHEREAS, the Town of Wappinger Seasonal Recreation Employees for the Summer Programs are hourly employees, thus compensated in accordance with their actual hours of employment from the respective budget line; and WHEREAS, the Summer Program employees are compensated through registration fees; and WHEREAS, the Town Board annually reviews the Recreation Fee Schedule, which includes Summer Program fees, and adjusted such as part of the 2011 Budget preparation process; and WHEREAS, there exist discrepancies in the compensation amounts for the Summer Camp employees; and WHEREAS, the Town Supervisor met on numerous occasions with the Recreation Director, Summer Director and Floating Director to establish an accurate list of Summer Camp employees, their statuses and compensation eligibility; and WHEREAS, in the interest of consistency, the Town Board hereby adopts the following salary schedule for Summer Camp employees for 2011: Title Compensation Summer Director $15.45/hour Floating Director $15.00/hour Camp Directorw/ RTE $10.50/hour Camp Director w/o RTE $10.00/hour RTE Counselor $9.50/hour Returning Counselor $8.50/hour New Counselor $7.50/hour WHEREAS, the Town of Wappinger Recreation Supervisor has requested in a memo dated June 16, 2011 and entitled "Salaries for Summer Camp Employees" the authority to hire summer employees relative to the Town of Wappinger Summer recreational programs, and WHEREAS, that the Recreation Director is hereby authorized to initiate employment with the following candidates in accordance with the practices and policies of the Town of Wappinger: Emp. # Certifications Name Account # Salary SUMMER DIRECTOR B-7310.101 8235 Jill Montross 15.45 FLOATING DIRECTOR B-7310.105 343 Jackie Imm $15.00 CASTLE POINT Directors B-7310.102 9350 RTE Alison Haan $10.50 6215 RTE Justin Grey $10.50 Counselors B-7310.103 3550 Brent Dolan $8.50 Town of Wappinger Page 12 Printed 71712011 Regular Meeting Minutes June 27, 2011 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Recreation Director is hereby authorized to initiate employment with the following candidates in accordance with the practices and policies of the Town of Wappinger. Town of Wappinger Page 13 Printed 7/7/2011 Ashley Vallo $7.50 Andres Veliz $7.50 Hena Kalola $7.50 MARTZ FIELD Directors B-7310.102 6930 RTE Lauren Nappi $10.50 8727 RTE Chris Turchioe $10.50 VACANT $- Counselors B-7310.103 7497 RTE Richard Rose $9.50 1223 RTE Casey McKinney $9.50 1222 RTE Samantha Tierney $9.50 6896 RTE Scott Kosakowski $9.50 1261 Joe Riccardi $8.50 RTE Byan Terrelong $9.50 Bruce Terrelong $8.50 Alyssa Houston $7.50 VACANT' $ UQ IET /ACRES Directors B-7310.102 3430 RTE Jillian Tolman $10.50 RTE Kevin Schmidt $10.50 Counselors B-7310.103 1218 RTE Liz COISey $9.50 1213 Keith Eckert $8.50 1253 Alex Negri $8.50 Samantha Alonzo $7.50 SPOOK HILL Directors B-7310.102 4267 RTE Laura Kar $10.50 3060 Ron Bracchi $10.00 1215 Richard Haan $10.00 Counselors B-7310.103 7157 RTE Kaitlyn Bracchi $9.50 1226 Casey Castello $7.50 9315 Bettina Briccetti $8.50 1221 Alex Tolman $8.50 8555 Brittany Sullivan $8.50 1391 Will Mitchell $8.50 Sarah Pic:corelli $7.50 VACANT $ VACANT $ SUBSTITUTE COUNSELORS B-7310.103 Steven Cohen $ 7.50 Jessica Syska $7.50 Ashley Albertelli $7.50 Partick Shea $7.50 TENNIS A-7140.101 1331 Barry Casowitz 30.00 FISHING A-7140.115 8130 Dennis Skora $25.00 6571 John J. Kudzia 25.00 BASKETBALL A-7140.107 Ryan Leone 25.00 Unassigned 1 12.50 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Recreation Director is hereby authorized to initiate employment with the following candidates in accordance with the practices and policies of the Town of Wappinger. Town of Wappinger Page 13 Printed 7/7/2011 Regular Meeting Minutes June 27, 2011 3. The Town Board hereby the Town Board hereby adopts the aforementioned salary schedule for camp employees effective June 27 - August 15, 2011. 4. Employment and the continuation of any summer program is contingent upon sufficient quantity of participants to financially support the program. In the event of insufficient participation, the Recreation Director is authorized to modify any summer program as deemed necessary. 5. Any and all employees utilizing Town vehicles must provide proof of a valid driver's license for the purpose of notice to the Town of Wappinger liability insurer. 6. The use of Town owned equipment, to include cell phones, vehicles and other equipment, is for the sole purpose of the public business of the Town of Wappinger. Improper or unauthorized use shall result in disciplinary measures to include reimbursement of non-public use, employee suspension or further progressive actions. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-251 come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Initiator ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. IX. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni A. Absolute Property - Attorney Advice B. Blackwatch Easement Issue - Attorney Advice Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni X. Resolutions RESOLUTION: 2011-243 Resolution Authorizing Settlement Commenced by MJW Consulting, Inc., Against Town of Fishkill, Town of LaGrange, Town of Wappinger, Town of East Fishkill, Town of Union Vale and City of Beacon WHEREAS, MJW Consulting, Inc. (hereafter "MJW"), commenced an action against the Town of Wappinger, as well as the Towns of Fishkill, LaGrange, East Fishkill, Union Vale and the City of Beacon, for sums allegedly due in connection with reassessment services provided to each of said municipalities, which reassessment services were provided pursuant to a certain Agreement executed by the above-mentioned municipalities and MJW; and WHEREAS, it is alleged that the collective municipalities owe MJW approximately Six Hundred Five Thousand, Seven Hundred Fifty -Five Dollars and Sixty -Six Cents ($605,755.66); Town of Wappinger Page 14 Printed 717/2011 Regular Meeting Minutes June 27. 2011 and WHEREAS, the collective municipalities have agreed to settle the pending action for the total amount of Two Hundred Eighty Thousand Dollars ($280,000.00), of which the Town of Wappinger's share is Fifty -Four Thousand, Six Hundred Dollars ($54,600.00); and WHEREAS, the Town of Wappinger and the other municipalities have interposed certain counterclaims and defenses to the action: and WHEREAS, the Attorney to the Town, Albert P. Roberts, recommends the Town enter into this Settlement because the costs of successfully litigating the counterclaims and the continued costs of defending the matter any further would be extremely costly with no assurance that any recovery will exceed the cost of litigation. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes Christopher J. Colsey, Supervisor, and Albert P. Roberts, Attorney to the Town, to settle the action commenced by the MJW Consulting, Inc., against the Town of Wappinger, et al. in the Supreme Court, Dutchess County, State of New York, bearing Index No. 2008/7860 for the sum of Fifty Four Thousand, Six: Hundred Dollars ($54,600.00) in full satisfaction of all claims against the Town of Wappinger. 3. Payment of the sum of Fifty Four Thousand, Six Hundred Dollars ($54,600.00) shall be made on or before August 1, 2011. 4. Christopher J. Colsey, Supervisor, and Albert P. Roberts, Attorney to the Town, are hereby authorized to enter into a Stipulation of Discontinuance and execute any General Releases necessary to effectuate the settlement as herein set forth, together with such other documents as may be necessary to fully settle and resolve the matter. 5. The Town Accountant is hereby authorized and directed to issue a check in favor of MJW Consulting, Inc., or such entity as shall be designated by MJW Consulting, Inc., in the amount of Fifty Four Thousand, Six Hundred Dollars ($54,600.00), payable out of the HR TOWNWIDE REVALUATION CAPITAL FUND in full satisfaction of this matter. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-243 0 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 10 ❑ ❑ ❑ El Defeated El Tabled Vincent Bettina Initiator 0 ❑ El ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-245 Resolution Accepting Easements Relative to Pocket Ponds Located in the Blackwatch Farm Subdivision WHEREAS, Blackwatch Development, LLC had previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision map entitled "Blackwatch Farm", prepared by Oswald and Gillespie, P.C., dated June 1, 1999, and subsequently revised from time to time; and WHEREAS, Robert V. Oswald, Jr., and his wife, Cynthia M. Oswald, acquired title to the property from Blackwatch Development, LLC, by deed recorded in the Dutchess County Clerk's Office on June 29, 2000, as document number 02 2000 5661; and WHEREAS, Robert V. Oswald, Jr., and Blackwatch Development, LLC, received Subdivision Approval for a Subdivision entitled "Blackwatch Farm" by Resolution dated May 3, 2004, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map ,and related Contract Drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code; and WHEREAS, the Subdivision Map for the Blackwatch Farm Subdivision was filed in the Town of Wappinger Page 15 Printed 7/712011 Regular Meeting Minutes June 27, 2011 Dutchess County Clerk's Office on May 2, 2005, as Map No. 11793; and WHEREAS, Robert V. Oswald, Jr., transferred the property contained in the Blackwatch Farm Subdivision to Blackwatch Development, LLC, by deed recorded in the Dutchess County Clerk's Office on June 6, 2005, as document number 02 2005 4816; and WHEREAS, at the time the Subdivision was approved by the Town of Wappinger Planning Board, the standards and specifications for the development of the SWPPP were different than they are now; and WHEREAS, Blackwatch Development, LLC, has constructed the SWPPP improvements in accordance with current standards; and WHEREAS, Blackwatch Development, LLC, has received approval from the Town of Wappinger Planning Board to amend the requirements for the SWPPP improvements to be consistent with current standards and to authorize acceptance of the improvements for the SWPPP as constructed rather than as initially proposed; and WHEREAS, the Applicant has tendered to the Town of Wappinger the following documents: Irrevocable Offer of Cession and Dedication for Utility Easement Nos. 4, 5, 6, 7 and 9, along with Drainage and Utility Easement #4, #5, #6, #7 and #9, together with their respective TP -584; Irrevocable Offer of Cession and Dedication for the Snow and Utility Easement No. 10, along with Snow, Drainage and Utility Easement #10, together with their respective TP -584; Irrevocable Offer of Cession and Dedication for the Snow Easement No. 11, along with Snow Easement #11, together with their respective TP -584; Irrevocable Offer of Cession and Dedication for the FD Access Easement No. 8, along with Easement for Firematic Purposes #8, together with their respective TP -584; Irrevocable Offer of Cession and Dedication for the 30' Buffer Easement No. 1 and 40' Buffer Easement No. 2, along with 30' Buffer Easement #1 and 40' Buffer Easement #2, together with their respective TP -584; Irrevocable Offer of Cession and Dedication along with Deed to Viola Court and Gerhart Court, together with their respective TP - 584 and RP -5217; Irrevocable Offer of Cession and Dedication, along with Deed conveying 44.08 acres for recreation purposes to the Town of Wappinger, together with their respective TP - 584 and RP -5217; Declaration of Covenants and Restrictions with Wetland Protection, together with its respective TP -584, all in recordable form and approved by the Attorney to the Town, Albert P. Roberts, by letter dated April 20, 2005; and WHEREAS, the Town Board has previously accepted the roads, the 30' Buffer Easement #I and 40' Buffer Easement #2 together with Snow Easement #11, as shown on the Subdivision Map for Blackwatch Farm Subdivision all in form acceptable to the Attorney to the Town and Engineer to the Town and, is now desirous to accept the Easement for Firematic Purposes #8 and Snow, Drainage and Utility Easement #10 relative to the pocket ponds and expressly agrees not to accept the Drainage and Utility Easement #4, #5, #6, #7 and #9, made in connection with Lot No.3 in the Blackwatch Farm Subdivision, until such time as it receives a signed Conditional License and Release for the homeowner. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger, particularly the residents of the Blackwatch Farm Subdivision, to accept the following easements offered for dedication in connection with the Blackwatch Farm Subdivision: Easement for Firematic Purposes #8, Snow, Drainage and Utility Easement 410 and Drainage and Utility Easement 44, #5, 47 and #9. 3. The Town Board expressly agrees not to accept the Drainage and Utility Easement 46 located on Lot No.3 on filed map # 11793 in the Blackwatch Farm Subdivision at this time. 4. The Town Board further confirms that it has previously accepted Snow Easement #11, erroneously referred to as Snow Easement #1 in Resolution No. 2011-194 adopted by the Town Board on May 23, 2011. Town of Wappinger Page 16 Printed 717/2011 Regular Meeting Minutes June 27, 2011 R The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-245 2 Adopted 13 DB Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter R1 0 ❑ 0 ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ 0 0 ❑ Withdrawn Ismay Czarniecki Voter 0 0 0 0 Jose h Paoloni Initiator p ❑ El El Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. Items for Special Consideration Motion To: add Resolution authorizing the Town Historian to attend training at a cost of $100 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIM.OUS] Ismay Czarniecki, Councilwoman William Beale, Councilman Colsey, Beale, Bettina, Czarniecki, Paoloni Motion To: authorize the Town Historian to attend training at a cost of $100 RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [4 TO 11 Ismay Czarniecki, Councilwoman William Beale, Councilman William Beale, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni Christopher Colsey Motion To: add to the Agenda a Resolution to waive the site plan fee for the 9/11 memorial for New Hackensack Fire Department RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Motion To: waive the site plan fee for the 9/11 memorial for New Hackensack Fire Department RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni XII. Town Board Review of Vouchers RESOLUTION: 2011-248 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 - EE Vendor A 13 DB T92 WU (General (General (Highway) (Escrow) (Wapp Town of Wappinger Page 17 Printed 7/7/20/1 Regular Meeting Minutes June 27, 2011 1, 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 June 27, 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 18 Printed 7/7/2011 Townwide) PartTown) United) CAMO Pollution $930.00 CAMO Pollution $585.00 CAMO Pollution $620.00 CAMO Pollution $25.00 CAMO Pollution $25.00 Central Hudson $87.27 Central Hudson $21.36 Central Hudson $41.14 Montfort Brothers $364.00 Empire $2,908.23 $681.09 $8,416.17 Royal Carting $24,576.73 Home Depot $19.94 Home Depot $23.06 Signal Graphics $38.22 DC Sheriff $4,827.17 $11,684.47 Sedore & Company $2,396.00 Aladdin Tent Rentals $2,218.75 Rosemary's Flower $1,020.00 Shp Petty Cash -Recreation $118.68 Arkel Motors $8.42 Adams Power Equip $18.50 Printable Services $228.03 Williams Lumber $229.82 Williams Lumber $3.51 NYSBOC $50.00 Tilcon $2,534.29 Staples $103.88 Conrad Geoscience $480.75 Reserve Account $3,000.00 Imperial Fire $357.30 Extinguish Wells Fargo $369.53 $373.56 Electra Supply $108.00 Poland Spring $192.82 Orrick, Herrington $829.50 $1,145.50 Sutclf IQM2 $1,500.00 Hudson River Vly $4,250.00 Tours HV Shred $720.00 Sweeper Parts Sales $117.20 Summit Handling $3,200.00 Totals $51,130.53 $13,373.75 $15,785.58 $930.00 $228.03 1, 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 June 27, 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 18 Printed 7/7/2011 Regular Meeting Minutes June 27, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-248 A (General Townwide) B (General PartTown) DB (Highway) American Legion Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ❑ ❑ ❑ a ❑ Adopted as Amended William Beale Voter 2 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 21 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Ismay Czarniecki Seconder Lel ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-249 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 - FF Vendor A (General Townwide) B (General PartTown) DB (Highway) American Legion $600.00 Central Hudson $64.07 Central Hudson $110.59 Central Hudson $40.72 Verizon $26.01 Home Depot $89.61 Home Depot $17.14 Home Depot $43.85 Home Depot $77.03 Mid Hudson Fasteners $506.55 James Baisley $485.00 Corbin Excavating $594.00 Corbin Excavating $650.00 Tri Muni Sewer Chemung Supply $3,950.00 Frederick Clark $3,941.19 Frederick Clark Frederick Clark Frederick Clark Frederick Clark Frederick Clark Don Seifts $70.00 Don Seifts $163.47 Superior Signs $400.00 Tilcon $896.86 Staples $257.35 Staples $86.52 Staples $24.58 Fellenzer Engineering Fellenzer Engineering Paleen Construction $540.00 Cablevision $284.65 Verizon Wireless $324.01 $467.45 Town of Wappinger Page 19 Printed 7/7/20// Regular Meeting Minutes June 27, 2011 Perfect Comfort $3,300.00 Wilson Oil $4,683.90 Sarjo Industries $38.51 Totals $6,811.09 $4,495.16 $11,426.81 Vendor HGD HTM T92 (Escrow) T96 (Escrow) American Legion Central Hudson Central Hudson Central Hudson Verizon Home Depot Home Depot Home Depot Home Depot Mid Hudson Fasteners James Baisley Corbin Excavating Corbin Excavating Tri Muni Sewer $252,083.00 Chemung Supply Frederick Clark Frederick Clark $12,473.20 $1,275.00 Frederick Clark $141.00 Frederick Clark $1,026.00 Frederick Clark $235.50 Frederick Clark $874.50 Don Seifts Don Seifts Superior Signs Tilcon Staples Staples Staples Fellenzer Engineering $13.06 Fellenzer Engineering $390.75 Paleen Construction Cablevision Verizon Wireless Perfect Comfort Wilson Oil Sarjo Industries Totals $403.81 $252,083.00 $14,750.20 $1,275.00 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 June 27, 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 20 Printed 7/7/2011 Regular Meeting Minutes June 27. 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-249 0 Adopted B DB Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colscy Voter ❑ 0 0 0 ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 0 0 0 ❑ Withdrawn Ismay Czarniecki Seconder 0 0 0 0 $71.90 T- h Paoloni Voter 0 ❑ ❑ 0 Dated: Wappingers Falls, New York June 27, 2011 The lZesolution is hereby duly declared adopted. RESOL 11 TION : 2011-250 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 - GG Vendor A B DB SU T93 (General (General (Highway) (United (Escrow) Townwide) PartTown) Wapp) Central Hudson $1,358.58 N & S Supply $937.90 MVP $24,928.36 $5,010.11 $16,374.50 MVP Gold $2,842.10 Milton Alley Agway $71.90 Expanded Supply Prod $629.70 Capital Markets $4,500.00 Carquest $9.44 $51.78 Pine Plains Tractor $32.81 Pine Plains Tractor $19.72 GC Bostwick Sales $15.00 GC Bostwick Sales $15.00 GC Bostwick Sales $213.52 GC Bostwick Sales $236.70 GC Bostwick Sales $15.00 Adams Power Equip $158.51 Thalle Industries $135.20 Don Seifts $78.18 Dept of Water Supply $102.75 Tech Air $35.74 Hudson Riv Trk Equip $293.86 Hudson Riv Trk Equip $498.60 Fishkill Plains Garage $21.00 Big Top Port Toilets $58.50 Big Top Port Toilets $508.00 Cornerstone $447.63 $76.09 Creekview $2,500.00 Paetec $556.42 Inter City Tire $109.39 Craig Delamater $750.00 Kristina Costa $21.42 Lynn Myers $21.42 Exoticar Coachworks 1$4,009.79 / own of Woppinger Page 21 Printed 7/712011 Regular Meetina Minutes June 27, 2011 Totals 1 $36,680.42 1 $5,095.64 1 $18,118.56 1 $4,500.00 1 $3,250.00 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority the Town Board at the public meeting of June 27, 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 -2011-250 Yes/Aye ' No/Nay Abstain Absent Adopted Christopher Colsey Voter ❑ ❑ ❑ 0 ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator D ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 4 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2011 The Resolution is hereby duly declared adopted. XIII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: William Beale, Vincent Bettina, Ismay Czarniecki, Joseph Pa( ABSENT: Christopher Colsey The meeting adjourned at 9:14 PM. ohn C. Masterson i Town Clerk Town of Wappinger Page 22 Printed 71712011