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2009-12-21 RGM1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Chris Masterson 845-297-5771 Monday, December 21, 2009 7:00 PM Town Hall I. Call to Order IV. Supervisor Colsey called the Meeting to order at 7:02 PM on December 21 St, 2009.. 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 Late 7:03 PM Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Late 7:03 PM Salute to the Flag Adoption of Agenda Councilman Paoloni Statement Councilman Paoloni pulled Resolution 2009-374 from the Agenda. Motion To: adopt the Agenda as amended RESULT: ADOPTED [3 TO 21 MOVER: Maureen McCarthy, Councilwoman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, Maureen McCarthy, Joseph Paoloni NAYS: William Beale, Vincent Bettina Minutes Approval Monday, November 09, 2009 Vote Record - Acceptance of Minutes for November 9 2009 7:00 PM Yes/Aye Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Initiator 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Thursday, November 19, 2009 ✓ Vote Record - Acceptance of Minutes for November 19 2009 6:00 PM Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Initiator 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 11 ❑ ❑ Tabled Maureen McCarthy Voter ❑ 0 ❑ ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Friday, November 20, 2009 ✓ Vote Record - Acceptance of Minutes for November 20,2009 10:00 PM Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Initiator 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ El Tabled Maureen McCarthy Voter ❑ 0 ❑ ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Town of Wappinger Page 1 Printed 12128/2009 Regular Meeting Minutes December 21, 2009 V. VI. Monday, November 16, 2009 ✓ Vote Record - Acceptance of Minutes for November 16 2009 7:00 PM for November 20,2009 11:00 AM Yes/Aye No/Nay Abstain Absent Abstain Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Initiator 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ El ❑ ❑ Maureen McCarthy Joseph Paoloni Voter ❑ 0 ❑ ❑ Friday, November 20, 2009 ✓ Vote Record - Acceptance of Minutes for November 20,2009 11:00 AM Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Initiator 0 13 130 ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ 0 ❑ ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Monday, November 23, 2009 Vote Record - Acceptance of Minutes for November 23 '2009 7:00 PM Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Initiator 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ 0 ❑ ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Correspondence Log RESOLUTION: 2009-373 Resolution 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 -2009-373 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. Public Portion Motion To: open the floor for comments On the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Public Comments Mary Schmalz was first to speak. She wished to have the Board explain Resolution 2009-379 and Resolution 2009-381. Supervisor Colsey explained the two Resolutions. Supervisor Colsey asked if there were any other comments on the Agenda. There were none. Town of Wappinger Page 2 Printed 12/2812009 F, Regular Meeting Minutes December 21, 2009 Motion To: close the floor for Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni VII. Discussions A. Rao Commercial Pet Resort Kennel - Paoloni Supervisor Colsey opened the discussion at 7:08 PM and noted that the two discussions were both Paoloni items. Councilman Paoloni asked if the idea of pet resort kennels was something that the Town could look into. Councilman Bettina recommended passing the idea off to the Town Planner. The professionals were not in attendance and he would like to hear from them before doing anything. Supervisor Colsey noted the location and layout of the property in question. Councilman Paoloni asked Supervisor Colsey if he had discussed this topic with the Zoning Administrator. Supervisor Colsey replied that he had not. Councilman Paoloni asked the Supervisor what the Zoning Administrator's objection to this is. The Zoning Administrator was in attendance and gave the Board feedback. She personally doesn't have any negative feelings about the plan. Her opinion is based purely on the Code. The way the Code is written now, it doesn't permit this type of zone. Discussion about how the Board could have the Code changed followed. Councilman Paoloni asked that the issue be referred to the Town professionals. Councilman Bettina agreed that it should be referred. He stated that lots of properties have lots of dogs and cats. He claimed that residents have complained to him about neighbors having too many pets. He feels that the Board should take a look into the Code and how many pets a resident can have. Councilman Beale asked if the Town didn't already have a provision in the Code about kennels. Discussion followed. Mrs. Lukianoff noted that there is a difference between a private kennel and a commercial kennel. Councilman Beale asked that this difference and the number of dogs allowed be better identified in the Code. Supervisor Colsey asked if the Board had consensus about referring the item to the Planning Board and the professionals. The Board agreed. B. Stop Signs - Paoloni Supervisor Colsey opened the discussion at 7:12 PM. Councilman Paoloni noted that he doesn't know why this item is on as a discussion. VIII. Resolutions RESOLUTION: 2009-375 Resolution Adopting Local Law No. 7 of the Year 2009, Designating a Full Stop Intersection at the Westerly Intersection of Soccerfield Drive and Regency Drive WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2009, Designating a Full Stop Intersection at the Westerly Intersection of Soccerfield Drive and Regency Drive" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspaper of the Town; and WHEREAS, a Public Hearing was held on October 13`h, 2009, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review; and WHEREAS, the Town Board of the Town of Wappinger, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. 7 of the Year 2009, Designating a Full Stop Intersection at the Westerly Town of Wappinger Page 3 Printed 12128/2009 Regular Meeting Minutes December 21, 2009 Intersection of Soccerfield Drive and Regency Drive", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the Minutes of this Meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. 4. Highway Superintendent, Graham Foster, is hereby further directed to place a stop sign at the appropriate location in accordance with this Local Law and to take any other necessary actions to implement the above mentioned full stop intersection as required in accordance with the spirit and intent of this Local Law. The foregoing was put to a vote which resulted as follows: ✓' Vote Record - Resolution RES -2009-375 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 8 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jose h Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 4 Printed 12/28/2009 LOCAL LAW NO.7 OF THE YEAR 2009 A Local Law entitled "Local Law No. 7 of the Year 2009, Designating a Full Stop Intersection at the Westerly Intersection of Soccerfield Drive and Regency Drive." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger "Local Law No. 7 of the Year 2009, Designating a Full Stop Intersection at the Westerly Intersection of Soccerfield Drive and Regency Drive", which shall amend the present Vehicles and Traffic Code, as set forth below. Section II: Legislative Intent: Residents of Regency Drive, Lawn Place and Cloverdale Place have alerted the Town to a potentially hazardous traffic situation at the intersection of Soccerfield Drive and Regency Drive. Recently, Supervisor Christopher J. Colsey received a letter dated August 5, 2009, signed by the residents, requesting a stop sign be installed at the westerly intersection of Soccerfield Drive and Regency Drive. The Town Highway Superintendent concurred in this request and has recommended the installation of a stop sign on Soccerfield Drive at its westerly intersection with Regency Drive. After due consideration, the Town Board determined that it is in the best interest of the citizens of the Town of Wappinger to revise the Town's Vehicles and Traffic Code §23043 "Schedule IX: Stop Intersections" to designate the westerly intersection of Soccerfield Drive at its intersection with Regency Drive as a full stop intersection. Section III: Stop Intersection: The Town of Wappinger Code §230-43 is hereby amended by alphabetically inserting into "Schedule IX: Stop Intersections" the following designated full stop intersection: Direction "Stop Sign on of Travel At Intersection of Soccerfield Drive Westerly Regency Drive." Section IV: Numbering for Codification: It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section V: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section VI: Effective Date: This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Regular Meeting Minutes December 21, 2009 RESOLUTION: 2009-376 Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to the Justice Court WHEREAS, the Town of Wappinger adopted the Final Budget for Fiscal Year 2009 on November 19, 2008; and WHEREAS, the Town Justices jointly issued a memo dated December 14, 2009, requesting a budget transfer to cover the expense of an unarmed Court Officer; and WHEREAS, the proposed budget amendments do not affect the adopted tax levy for Fiscal Year 2009; and WHEREAS, the proposed budget amendments are as follows: Line Title Budget Increase Decrease Al110.106 Court Officer (armed) $12,000.00 $2,000.00 Al 110.108 Court Attendant (unarmed) $3,000.00 $2,000.00 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor and Town Accountant to amend the Town of Wappinger Budget adopted for the 2009 Fiscal Year in accordance with the aforementioned proposed budget amendments. The foregoing was put to a vote which resulted as follows: ✓ Vote>Reci)id = Re§olutiou RES -2009-376 Yes/Aye No/Nay Abstain Absent El Adopted Christopher Colsey Voter a Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter a ❑ O D ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter, 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-377 Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to the Highway Department WHEREAS, the Town of Wappinger adopted the Final Budget for Fiscal Year 2009 on November 19, 2008; and WHEREAS, the Town Highway Superintendent has identified a fourth quarter shortfall in relation to Budget Line DB 5110.100 (General Repairs/PS) that would affect the ability to meet payroll obligations; and WHEREAS, the proposed budget amendments do not affect the overall budgeted amount for the department(s) or the public tax levy for fiscal year 2009; and WHEREAS, the proposed budget amendments are as follows: Line Description Budget Increase Decrease DB5110.405 Blacktop $40,000.00 $11,000.00 DB5110.100 General Repairs/PS $766,003.00 $11,000.00 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor and Town Accountant to amend the Town of Wappinger Budget adopted for the 2009 Fiscal Year in accordance with the aforementioned proposed budget amendments. The foregoing was put to a vote which resulted as follows: ✓. Vote Record -;Resolution RES -2009-377 Yes/Aye No/Nay Abstain Absent El Adopted Christopher Colsey Voter a ❑ ❑ ❑ 0 - ❑ ❑ Adopted as Amended WBeale Initiator a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconderilliam ❑ -- ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ . _. ❑ -- ❑ ❑ Withdrawn Jose h Paoloni Voter 0 ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 5 Printed 12/28/2009 Regular Meeting Minutes December 21, 2009 RESOLUTION: 2009-378 Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to Tax Certiorari Legal Expenses WHEREAS, the Town of Wappinger adopted the Final Budget for Fiscal Year 2009 on November 19,2008; and WHEREAS, the Town Assessor (CAP) has submitted invoices totaling $20,938.66 to the Accounting Office for Tax Certiorari legal expenses for Fiscal Year 2009; and WHEREAS, the Town Board has been presented with copies of the invoices for audit at the scheduled meeting of December 21, 2009, in advance of payment; and WHEREAS, the Town Accountant has recommended amending the 2009 budget through A Fund line item transfers to accommodate the expenses in his memo dated December 11, 2009; and WHEREAS, the proposed budget amendments do not affect the overall budgeted amount for the department(s) or the public tax levy for fiscal year 2009; and WHEREAS, the proposed budget amendments are as follows: Line Description Budget Increase Decrease A1910.400 Insurance 155,000 14,000 A1355.407 Real Estate Consultant 7,500.00 5,000 A1355.204 Assessor Printer 500.00 500 A1420.410 Tax Attorney 0.00 19.500 Total $19,500, $19,500 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor and Town Accountant to amend the Town of Wappinger Budget adopted for the 2009 Fiscal Year in accordance with the aforementioned proposed budget transfers. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-378 Yes/Aye No/Nay Abstain Absent RI Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 8 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder a ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter a ❑ _ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-379 Resolution Authorizing Amendments to the 2009 Town of Wappinger Budget in Respect to the Recreation Department WHEREAS, the Town of Wappinger adopted the Final Budget for Fiscal Year 2009 on November 19, 2008; and WHEREAS, the Town Accountant and Town Bookkeeper have identified fourth quarter shortfalls in certain budget line items necessitating inter -departmental budget line transfers to meet 2009 expense obligations; and WHEREAS, the Town Accountant and Town Bookkeeper have identified certain budget lines with sufficient balances permitting the transfer of funds without adverse effect to the respective department; and WHEREAS, the Town Accountant and Town Bookkeeper reviewed the proposed budget transfers with the respective departments prior to the development of this resolution; and WHEREAS, the proposed budget amendments do not affect the overall budgeted amount for the department(s) or the public tax levy for fiscal year 2009; and WHEREAS, the proposed budget amendments are as follows: Line Description Budget Increase Decrease A7020.199 Rec. Comp Time $1,500 $766.69 A7110.101 Maintenance #1 $25,372 $1,328.96 A7110.103 Seasonal #1 $15,640 $75.52 A7110.438 Safety Insp. P/ground $1,575 $315.00 A7110.105 Seasonal #3 $11,140 $3,434.39 A7110.107 Maintenance #3 $13,307 $4,970.36 Town of Wappinger Page 6 Printed /2/2612UOY Regular Meeting Minutes December 21, 2009 A7140.101 Tennis Director $2,750 $230 A7140.102 Tennis Attendant $350 $69.50 A.7140.103 Gymnastics $3,000 $623.74 A.7140.104 Aerobics $2,300 $860 A.7140.105 Basketball $800 $425 A.7140.106 Open Volleyball $1,000 $820 A.7140.107 Summer Basketball $500 $250 A.7140.110 Reese Park Dir. $500 $500 A.7140.113 Twirling $1,750 $335 A.7140.115 Fishing Program $1,500 $375 A.7140.116 Adult Swim $250 $250 A7020.101 Recreation Assistant $25,822 $266.70 A.7020.103 P/T Rec Assistant $13,792 $3,439.84 A.7620.107 Specialty Person $2,250 $204.52 A.7620.204 Tables $0.00 $850 A.7620.408 X -Mas Party $1,750 $425 A.7620.404 Special Events $2,000 $425 A.7620.111 Advanced Tai Chi $1,000 $550 A.7620.109 Tai Chi $1,040 $170.14 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor and Town Accountant to amend the Town of Wappinger Budget adopted for the 2009 Fiscal Year in accordance with the aforementioned proposed budget amendments. The foregoing was put to a vote which resulted as follows: ✓'Vote Record - Resolution RES -2009-379 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ 11 ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ El Tabled Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-380 Resolution Ratifying Action of Supervisor Authorizing the Town Attorney to Interpose an Answer and Affirmative Defenses in the Action Commenced Against the Town by Michael J. Miner, Et Al. WHEREAS, MICHAEL J. MINER, LISA MINER, ALCKY GUZMAN, II and HOLLY GUZMAN, have commenced an action in Supreme Court, State of New York, County of Dutchess, against the Town of Wappinger; and WHEREAS, Supervisor Christopher J. Colsey, to avoid the entry of a default judgment against the Town previously directed Albert P. Roberts, Attorney to the Town, and a member of the law firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to defend the action and interpose an answer and affirmative defenses deemed appropriate against these plaintiffs; and WHEREAS, the Town Board, by its attorney, Albert P. Roberts, has reviewed the Summons and Complaint; and WHEREAS, the Town Board disputes all of the allegations made by plaintiffs therein; and WHEREAS, to avoid the possibility of the entry of a default judgment against the Town, on or about December 7, 2009, attorney Albert P. Roberts, interposed an answer and affirmative defenses against plaintiffs on behalf of the Town; and WHEREAS, the Town's liability insurance carrier, American Zurich Insurance Company, has denied coverage to the Town for this matter; and WHEREAS, the Town Board and attorney, Albert P. Roberts, dispute this denial and maintain that the insurance carrier is obligated to interpose a defense to this action by these plaintiffs and to indemnify the Town in the case of a loss; and WHEREAS, the Town Board, after due deliberation, finds that it is in the best interest of the Town of Wappinger to defend its interest by having its attorney, Albert P. Roberts, and/or any member of his firm, Vergilis, Stenger, Roberts, Davis & Diamond, LLP, interpose an answer, and any applicable defenses and counter -claims against these plaintiffs, and otherwise Town of Wappinger Page 7 Printed 12/28/2009 Regular Meeting Minutes December 21, 2009 provide such legal services as are necessary to appropriately defend the Town in this action; and WHEREAS, the Town Board, after due deliberation, finds that it is in the best interest of the Town of Wappinger to authorize its attorney, Albert P. Roberts, and/or any member of his firm, Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to bring a declaratory judgment action against the insurance carrier to compel them to provide a defense and indemnification to the Town for this action 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 ratifies the authorization by Supervisor Christopher J. Colsey of Albert P. Roberts, and/or any member of his firm, Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to defend this action on behalf of the Town of Wappinger and to interpose and answer any defenses, as well as any and all applicable counter -claims against the above-named plaintiffs, in furtherance of defending the Town's interest in this matter. 3. The Town Board hereby authorizes Albert P. Roberts, and/or any member of his firm, Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to bring a declaratory judgment action against the Town's liability insurance carrier, American Zurich Insurance Company, to compel them to provide a defense and indemnification to the Town for this action. 4. Albert P. Roberts, and/or the firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, shall be paid in accordance with the retainer agreement presently in place between the Town of Wappinger and Albert P. Roberts. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-380 PROGRAMS" and therein has requested approval for the following salaries respective to seasonal recreation programs: NAME PROGRAM PREVIOUS NEW 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 Maureen McCarthy Initiator 0 13El0 $7.25 hr A-7140.103 ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-381 Resolution Establishing the Pay Scale for Seasonal Recreation Employees in the Town of Wappinger WHEREAS, the Chairman of the Town of Wappinger Recreation Commission issued a memo dated December 3, 2008, entitled "PROGRAM SALARIES FOR WINTER PROGRAMS" and therein has requested approval for the following salaries respective to seasonal recreation programs: NAME PROGRAM PREVIOUS NEW FUND SALARY SALARY Dawn Turpin-Orgetas Gymnastics, Dir. $30.00 hr $30.00 hr. A-7140.103 Carrie Flynn Gymn. Asst. Dir $12.50 hr. $12.50 hr. A-7140.103 Mariah Doerr Gymnastics $ 7.37 hr $7.37 hr. A-7140.103 Stephanie Hanford Gymnastics $ 7.37 hr $7.37 hr. A-7140.103 Melissa Rose Gymnastics $ 7.37 hr $7.37 hr. A-7140.103 Kristen Rose Gymnastics $7.25 hr. $7.25 hr A-7140.103 Danielle Rose Gymnastics $7.25 hr. $7.25 hr. A-7140.103 Rebekah Colon Gymnastics $7.25 hr. $7.25 hr. A-7140.103 Alyssa Vidulich Gymnastics $7.25 $7.25 hr A-7140.103 Emily McCarthy Gymnastics $7.25 $7.25 hr A-7140.103 Katie Colley Gymnastics $7.25 $7.25 hr A-7140.103 Lauren Miller Gymnastics $7.25 $7.25 hr A-7140.103 Haleigh Dennett Gymnastics $7.25 $7.25 hr A-7140.103 Mattie Jones Gymnastics $7.25 $7.25 hr A-7140.103 Veronica Murphy Gymnastics Volunteer Ryan Leone Winter Basketball $25.00 hr. A-7140.105 Frank Guerreri Winter Basketball $12.50 hr. A-7140.105 Town of Wappinger Page 8 Frintea i21.zzs12uuy Regular Meeting Minutes December 21, 2009 Rosemary DiGennaro Aerobics $40.00 hr. $40.00 A-7140.104 Walter Leczinski Volleyball $30.00 hr. $30.00 A-7140.106 Melaine Rottkamp Baton Twirling $30.00 hr. $30.00 A-7140.113 NOW, THEREFORE, BE IT RESOLVED, that Recreation Chairman Ralph Holt is hereby authorized to initiate Seasonal/Part-time employment with the aforementioned in accordance with the practices and policies of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓Vote Record'- Resolution RES -2009-381 A AM B DB HTB CAMO Pollution Yes/Aye No/Nay Abstain Absent EI Adopted Christopher Colsey Voter EI ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ 11 ❑ Defeated Vincent Bettina Voter El El ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator EI ❑ ❑ ❑ Marshall & Sterling Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. IX. New Business A. Councilman Beale New Business Councilman Beale wished his colleagues and residents happy holidays. B. Councilman Bettina New Business Councilman Bettina wished everyone good health and happy holidays. X. Town Board Review of Vouchers RESOLUTION: 2009-382 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: 2009CCC Vendor A AM B DB HTB CAMO Pollution CAMO Pollution CAMO Pollution $25.00 CAMO Pollution $25.00 Central Hudson $50.05 Central Hudson $241.76 Central Hudson $60.06 Marshall & Sterling $185.00 Home Depot $331.73 Signal Graphics DC Sheriff $3,536.84 $20,412.18 Orkin $128.47 Zep Sales Services $976.20 James Baisley $835.00 Steve Churchill $315.05 Safeguard $125.00 Capital Markets $1,750.00 Wappinger United $6,000.00 Soccer Perkins $465.22 $43.82 Thalle $129.58 DC Truck Parts $574.28 Tilcon $827.25 Staples $31.93 Christopher Colsey $5.99 $12.98 Town of Wappinger Page 9 Printed 12/28/2009 Regular Meeting Minute December 21, 2009 Wells Fargo Financial $324.90 SI SM SR SV George Kolb CAMO Pollution $2,203.25 $115.50 $2,877.75 $64,579.17 Transcare $32,916.66 $7,899.58 $19,611.25 $9,524.00 DC SPCA $155.00 $13,025.00 CAMO Pollution DC SPCA $465.00 CAMO Pollution Orrick, Herrington, $525.00 Central Hudson Sutcliff Britkenzie KVS Central Hudson KVS $180.00 Marshall & Sterling United Rentals $795.63 Home Depot $327.17 Perfect Comfort Signal Graphics $1,168.00 Perfect Comfort $525.00 $327.16 DC Sheriff M & O Sanitation $360.00 $1,220.00 M & O Sanitation $3,240.00 Westhook Sand Zep Sales Services $984.23 Great American $563.07 James Baisley Leasing Steve Churchill Totals $20,095.65 $32,916.66 $21,804.48 $4,641.59 $1,168.00 Vendor SF SI SM SR SV SW CAMO Pollution $2,203.25 $1,583.33 $2,877.75 $64,579.17 CAMO Pollution CAMO Pollution $7,899.58 $19,611.25 $9,524.00 $17,793.33 8491.67 $13,025.00 CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Marshall & Sterling Central Hudson Home Depot Marshall & Sterling Signal Graphics Home Depot $327.17 DC Sheriff Signal Graphics Orkin $327.16 DC Sheriff Zep Sales Services Orkin Zep Sales Services James Baisley Steve Churchill Safeguard Capital Markets Wappinger United Soccer Perkins Thalle DC Truck Parts Tilcon Staples Christopher Colsey Wells Fargo Financial George Kolb Transcare DC SPCA DC SPCA Orrick, Herrington, Sutcliff Britkenzie KVS KVS United Rentals Perfect Comfort Perfect Comfort M & O Sanitation M & O Sanitation Westhook Sand Great American Leasing Totals $7,899.58 $19,611.25 $9,524.00 $17,793.33 $8,818.83 $13,025.00 Vendor T93 WF WH WT WU CAMO Pollution $2,203.25 $1,583.33 $2,877.75 $64,579.17 CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Marshall & Sterling Home Depot Signal Graphics $327.17 DC Sheriff Orkin Zep Sales Services James Baisley Town of Wappinger Page 10 Printed 12/28/2009 Regular Meeting Minutes December 21, 2009 Steve Churchill Safeguard Capital Markets Wappinger United Soccer Perkins Thalle DC Truck Parts Tilcon Staples Christopher Colsey Wells Fargo Financial George Kolb Transcare DC SPCA DC SPCA Orrick, Herrington, Sutcliff Britkenzie $4,440.00 KVS KVS United Rentals Perfect Comfort Perfect Comfort M & O Sanitation M & O Sanitation Westhook Sand Great American Leasing Totals $4,440.00 3.25 1 $1,583.33 1 $2,877.75 $115.00 1.34 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of December 21, 2009, 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 -2009-382 A B DB HGC HRS HTB Central Hudson $1,025.22 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 10 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 8 ❑ ❑ ❑ 1:1 Defeated ❑ Tabled Vincent Bettina Voter El ❑ 11❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ a ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-383 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: 2009BBB Vendor A B DB HGC HRS HTB Central Hudson $1,025.22 Central Hudson $417.07 Central Hudson $50.05 Central Hudson $77.09 Central Hudson $61.09 Platts Locksmith $800.00 Poughkeepsie Journal $92.44 Southern Dutchess News $93.74 Town of Wappinger Page 11 Printed 12/2812009 Regular Meeting Minutes December 21, 2009 rrr. I Graphics $70.68 LD LH 1 Graphics T92 $248.04 WU nson Law Book ii Fuel $445.76 i Excavating $594.00 Unum Life $253.25 $81.04 $151.95 om Ford $2,647.19 's Power Equip $1,099.00 rick Clark $7,218.50 rick Clark Energy $566.00 Energy $75.24 it Translation $560.00 Air $80.57 ae Court Fund $33,410.00 ger $70.65 as $42.24 k's $389.00 ton Reyn $83.40 rt & Klein $247.50 rt & Klein $808.50 $1,684.46 runity Energy iba Financial $461.46 id Spring $173.71 $346.07 Me $1,601.24 $456.24 s Associates $7,185.70 $5,749.00 $12,372.10 s Associates Patterson Lee Patterson Lee $312.50 $3,650.00 Pride $107.43 Tire $21.00 Collins $15.00 r Restaurant Group pp ,pp re Preserve Is $51,983.92 $17,370.01 $16,008.94 $232.00 $1,582.40 $1,582.40 $3,082.10 Vendor LC LD LH T33 T92 T96 WU Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Platts Locksmith Poughkeepsie Journal Southern Dutchess News Signal Graphics Signal Graphics Williamson Law Book $346.07 Bottini Fuel Corbin Excavating First Unum Life Freedom Ford Brady's Power Equip Frederick Clark Frederick Clark $11,626.20 Noco Energy Noco Energy Global Translation Tech Air Justice Court Fund Grainger Staples Jerrick's Kay Von Reyn Gellert & Klein Gellert & Klein Community Energy $1.71 $42.45 $125.62 Toshiba Financial Poland Spring Met Life Morris Associates Morris Associates $6,631.00 $8,074.70 $1,344.40 $332.50 Clark Patterson Lee $6,356.12 Clark Patterson Lee KVS Town of Wappinger Page 12 Printed 1212812UUY Regular Meeting Minutes December 21, 2009 FleetPride STS Tire R.N. Collins Daser Restaurant $3,710.29 G Bopp $2,000.00 G Bopp $3,225.30 Nature Preserve $32,764.45 Totals $1.71 $42.45 $125.62 $6,631.00 $67,757.06 1 $1,344.40 $678.57 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of December 21, 2009, 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 -2009-383 A CD B DB HTB Central Hudson 0 NyComCo Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator Rl ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ a ❑ Joseph Paoloni ' Voter ' ❑ 0 ' ❑ ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-384 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: 2009DDD Vendor A CD B DB HTB Central Hudson $2,738.68 NyComCo $559.00 $1,340.00 Royal Carting $16,425.18 Home Depot $4.49 Home Depot $108.67 Home Depot $140.24 Home Depot $360.07 Frontier $22.40 Communication Terry Glass $375.00 Signal Graphics $219.92 Mid Hudson Fasteners $521.49 James Baisley $825.00 Steve Churchill $369.11 Steve Churchill $212.47 Steve Churchill $95.00 Carquest $248.05 Carquest $317.16 Freedom Ford $353.05 Mike Sheehan $70.67 Mike Sheehan $375.00 Ruge's Part Center $133.26 Atlantic Pavement $400.00 Craig Bova $325.15 CSEA $2,073.78 Momma's Towing $125.00 Hillman Signs $159.50 HV Council Band $300.00 Staples $78.18 Staples $35.75 Town of Wappinger Page 13 Printed 12/28/2009 Regular Meeting Minutes December 21, 2009 Christopher Colsey $55.00 Wells Fargo Financial $325.59 Wells Fargo Financial $369.53 Aflac $78.25 Snap On Tools $2,471.81 GenTech $710.00 Duality $2,635.00 Stormwater Management Stormwater Management Stormwater Management Hudson River My Tours $820.00 Perfect Comfort Royalty Carpet $1,225.00 Supply Net $63.50 Pannier AnthonyDelvecchio $300.00 Totals $23,876.12 $1,038.42 $373.56 $178.50 $85.00 $600.00 $86,500.00 607.11 I $7,568.72 1 $86,500.00 Vendor LC LD LH T16 T92 Central Hudson $78.25 $859.24 $2,471.81 NyComCo Royal Carting Home Depot Home Depot Home Depot Home Depot Frontier Communication Terry Glass Signal Graphics Mid Hudson Fasteners James Baisley Steve Churchill Steve Churchill Steve Churchill Carquest Carquest Freedom Ford Mike Sheehan Mike Sheehan Ruge's Part Center Atlantic Pavement Craig Bova CSEA Momma's Towing Hillman Signs HV Council Band Staples Staples Christopher Colsey Wells Fargo Financial Wells Fargo Financial Aflac $439.00 Snap On Tools GenTech Duality Stormwater Management Stormwater Management $1,000.00 Stormwater Management $75.00 Hudson River Vly Tours Perfect Comfort Royalty Carpet Supply Net Pannier AnthonyDelvecchio Totals $78.25 $859.24 $2,471.81 $439.00 $1,075.00 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 December 21, 2009 and allowed to the claimants the amount opposite his/her name. The Town Supervisor Town of Wappinger Page 14 Printed 12/28/2009 Regular Meeting Minutes December 21, 2009 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 -2009-384 A B CB DB HGC Association of Towns $1,500.00 CAMO Pollution 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 $363.00 Al Roberts ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ 0 ❑ Al Roberts Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-385 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2009EEE Vendor A B CB DB HGC Association of Towns $1,500.00 CAMO Pollution $455.00 CAMO Pollution $608.38 Central Hudson $60.06 DC Planning Federation $100.00 Verizon $62.99 Empire $2,710.83 $1,728.82 $5,379.77 Al Roberts $363.00 Al Roberts $37.00 Al Roberts $1,871.52 Al Roberts $648.00 Al Roberts $660.00 Al Roberts Al Roberts $268.50 Al Roberts $7,646.36 $1,252.34 $297.00 $91.00 Meadowbrook Farms $400.05 Meadowbrook Farms $39.60 Meadowbrook Farms $374.75 Meadowbrook Farms $351.45 Selective Automotive $1,153.66 Frederick Clark Frederick Clark $7,799.54 Arkel Motors $690.02 Arkel Motors $94.53 Craig Bova $49.85 DC Real Property Tax $1,936.90 Printable Services Hudson Valley NYSBOC $25.00 Hudson Valley NYSBOC $25.00 Lowe's $850.00 Lowe's $24.58 Dan Barry $280.71 Zee Medical $78.92 Associated Abby $270.50 Flooring Associated Abby $405.00 Flooring Christopher Colsey $15.00 Cablevision $274.65 Gellert & Klein $18,371.45 Johnny Dell $300.00 WB Mason $12.80 Town of Wappinger Page 15 Printed 12/28/2009 1 Regular Meeting Minutes December 21, 2009 Michael Krisko HTB HRS SI $375.00 SV Compass Tire $480.00 CAMO Pollution All State Central Hudson Verizon Wireless $270.91 $534.10 AirFlow AirFlow $7,600.00 $136,044.75 Hannaford $5.90 M & O Sanitation $60.00 Avello Brothers Totals $38,614.35 1 $15,418.21 1 $297.00 1 $6,869.88 1 $143,735.75 Al Roberts Vendor HTB HRS SI SR SV Association of Towns CAMO Pollution CAMO Pollution Central Hudson CAMO Pollution Central Hudson DC Planning Federation Verizon Empire Al Roberts Al Roberts Al Roberts AI Roberts Al Roberts Al Roberts $165.00 Al Roberts Al Roberts $293.50 $62.50 $478.50 $478.50 $478.50 Meadowbrook Farms Meadowbrook Farms Meadowbrook Farms Meadowbrook Farms Selective Automotive Frederick Clark Frederick Clark Arkel Motors Arkel Motors Craig Bova DC Real Property Tax Printable Services $194.14 Hudson Valley NYSBOC Hudson Valley NYSBOC Lowe's Lowe's Dan Barry Zee Medical Associated Abby Flooring Associated Abby Flooring Christopher Colsey Cablevision Gellert & Klein Johnny Dell WB Mason Michael Krisko Compass Tire All State Verizon Wireless AirFlow AirFlow Hannaford M & O Sanitation Avello Brothers Totals 1$293.50 $62.50 $478.50 1.$478.50 $837.64 Vendor WU T16 T33 T92 Association of Towns CAMO Pollution CAMO Pollution Central Hudson Town of Wappinger Page 16 Printed 1212812009 Regular Meeting Minutes December 21, 2009 DC Planning Federation Verizon Empire Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $3,912.00 Al Roberts Al Roberts Al Roberts $70.50 Meadowbrook Farms Meadowbrook Farms Meadowbrook Farms Meadowbrook Farms Selective Automotive Frederick Clark $8,481.50 Frederick Clark Arkel Motors Arkel Motors Craig Bova DC Real Property Tax Printable Services $194.13 Hudson Valley NYSBOC Hudson Valley NYSBOC Lowe's Lowe's Dan Barry Zee Medical Associated Abby Flooring Associated Abby Flooring Christopher Colsey Cablevision Gellert & Klein Johnny Dell WB Mason Michael Krisko Compass Tire All State $802.24 Verizon Wireless AirFlow AirFlow Hannaford M & O Sanitation Avello Brothers $134,885.75 Totals 1$264.63 1$802.24 1 $134,885.75 $12,393.50 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of December 21, 2009, 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 -2009-385 a Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended ❑ Defeated William Beale Seconder EI ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator EI ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ 0 ❑ Joseph Paoloni Voter ❑ ❑ EI ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 17 Printed 12/28/2009 Regular Meeting Minutes December 21, 2009 RESOLUTION: 2009-386 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for Fiscal Year 2009 WHEREAS, pursuant to Town Law §119, which sets forth the procedure for the auditing of claims and issuance of warrants where there is no Town Comptroller, the Town Board must audit the claims and issue the warrants for the payment of said claims; and WHEREAS, since the office of the Town Comptroller had been vacant through July 1, 2008, and the vacancy has been subsequently filled by an Accountant, as deemed qualified through the competitive Civil Service process, the duties of auditing claims presented to the Town, and the issuing of warrants authorizing the payment of said claims and bills must be approved by the Town Board; and WHEREAS, New York Town Law § 118(2) permits the Town Board to authorize the payment of Utility Claims in advance of the audit of such claim; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to authorize the payment of Utility Charges in advance of the audit of such claim through Resolution 2008-158; and WHEREAS, the Town Board has found that all the claims as presented through the Abstracts as processed between November 18, 2009, and December 15, 2009, are just and accurate, has directed the Town Accounting Department to prepare an abstract of the audited claims, specifying the number of the claim, the name of the claimant, the amount allowed and the fund and appropriation account chargeable therewith. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby confirms that it has reviewed and approved the abstracts as processed between October 26, 2009, and November 13, 2009, as provided to the Town Board in support of this Resolution as follows: 1. Abstract (KVS) as processed on November 18, 2009, with a total of Fifty -One Thousand, Two Hundred Ninety -Three Dollars and 96/100 ($51,293.96); 2. Abstract (KVS) as processed on November 24, 2009, with a total of Forty -Eight Thousand, Three Hundred Fifty Dollars and 17/100 ($48,350.17); 3. Abstract (KVS) as processed on November 25, 2009, with a total of Eighty -One Thousand, Two Dollars and 52/100 ($81,002.52); 4. Abstract (KVS) as processed on December 3, 2009, with a total of Thirty -Eight Thousand, Five Hundred Ninety -Six Dollars and 50/100 ($38,596.50); 5. Abstract (KVS) as processed on December 11, 2009, with a total of Ninety -Three Thousand, Eight Hundred Twenty -Five Dollars and 84/100 ($93,825.84); and 6. Abstract (KVS) as processed on December 15, 2009, with a total of Two Hundred Ninety -Two Thousand, Two Hundred Ninety -One Dollars and 77/100 ($292,291.77). BE IT FURTHER RESOLVED, the Town Board hereby authorizes the Town of Wappinger Accounting Department to transfer the respective funds into the General Disbursement Fund (GDF) to pay all claims as outlined in Abstracts as processed between November 18, 2009, and December 15, 2009. BE IT FURTHER RESOLVED, the Town Board hereby authorizes the issuance of warrants in accordance with the abstracts identified herein and then shall direct same to Supervisor Christopher Colsey and authorize and direct him to pay the claimant(s) the amount allowed upon their claim. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-386 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 Maureen McCarthy Voter ❑ ❑ 0 ❑ ❑ Withdrawn Jos h Paoloni Voter ❑ ❑ 0 ❑ Dated: Wappingers Falls, New York December 21, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 18 Printed 12/28/2009 Regular Meeting Minutes December 21, 2009 XI. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni The meeting adjourned at 7:45 PM. ohn C. Masterson Town Clerk Town of Wappinger Page 19 Printed 12/28/2009