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2010-04-26 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Monday, April 26, 2010 6:00 PM Town Hall 6:00 PM Meeting called to order on April 26, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order H. Salute to the Flag b"` III. Recognition of Service - Victor Fanuele IV. Adoption of Agenda V. Executive Session A. Town Board Personnel Interviews B. Code Enforcement/Zoning Administration Reorganization C. Enforcement Issues -Attorney Advice VI. Public Portion VII. Minutes Approval Monday, April 12, 2010 VIII. Correspondence Log 2010-161. Resolution Authorizing the Acceptance of the Correspondence Log IX. Discussions A. 2010 Sewer and Water Rates - Colsey B. Wappingers Falls Mobile Home Park: Water Hookup Request - Colsey C. Lawrence Development Realty, LLC: Water District Request - Colsey D. Smoking Policy: Town Hall Parks - Colsey/Beale E. Dutchess County Pistol Assn.: Special Use Permit - Colsey X. Tax Certiorari Resolutions 2010-162. Resolution Authorizing the Settlement of Tax Certiorari Regarding Double "O" Grill and T&C Seacrest Diner 2010-163. Resolution Authorizing the Settlement of Tax Certiorari Regarding A.R. Fuels C/O Metro Property Group and HP Coolidge Maloney Road, LLC 2010-164. Resolution Authorizing the Settlement of Tax Certiorari Regarding Dutchess Bleachery XI. Resolutions 2010-165. Resolution Affirming Terms of Office for Various Board and Committee Appointees 2010-166. Resolution Waiving Thirty Day Liquor Authority License Hold Period for DGCD, Inc. D/B/A Angelina's Little Italy 2010-167. Resolution Appointing a Part -Time Justice Court Clerk 2010-168. Resolution Authorizing the Inclusion of the Sewer and Water District Accounts within the 2009 Annual Audit 2010-169. Resolution Amending the Town of Wappinger Budget for Fiscal Year 2010 in Respect to the Code Enforcement Department 2010-170. Resolution Appointing the Position of Zoning Administrator 2010-171. Resolution Appointing a Temporary Employee to the Town of Wappinger Senior Center 2010-172. Resolution Establishing Wages for Certain Classified Civil Service Positions in the Town of Wappinger for 2010 2010-173. Resolution in Support of Maintaining the Stony Kill Farm Environmental Educational Center Open to the Public 2010-174. Resolution Authorizing Refund of Unused Escrow for Del 185 Shaft 6 Rehabilitation (Account 06-3127) 2010-175. Resolution Authorizing Refund of Unused Post Planning Escrow for Del 185 Shaft 6 Rehabilitation (Account 07-6000 PP) 2010-176. Resolution Awarding Bid for Wappinger Park Water System Demolition 2010-177. Resolution Authorizing Enforcement Proceedings against MVK Landscaping, Inc. (Red Barn) for Continuing Violations of the Town Code 2010-178. Resolution Reconfirming Authorization for Commencement of Litigation against Owner of 2-4 Kent Road for Continuing Violations of Town Code Town of Wappinger Page 1 Printed 412212010 Town Board Meeting Agenda April 26, 2010 2010-179. Resolution Authorizing Enforcement Proceedings against Horton House Family Center for Continuing Violations of the Town Code 2010-180. Resolution Authorizing Enforcement Proceedings against A.W. Scrap Processors, Inc. for Continuing Violations of the Town Code XII. Items for Special Consideration XIII. New Business XIV. Town Board Review of Vouchers 2010-181. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-182. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-183. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XV. Adjournment Town of Wappinger Page 2 Printed 4/22/2010 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us ^' Minutes — Chris Masterson 845-297-5771 Monday, April 26, 2010 6:00 PM Town Hall I. Call to Order Supervisor Christopher Colsey called the meeting to order at 6:04 PM. Attendee Name Organization Title Status Arrived Departed Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Late 6:05 PM Vincent Bettina Town of Wappinger Councilman Present 9:13 PM Ismay Czarniecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Absent Al Roberts Town of Wappinger Town Attorney Present Bob Gray Town of Wappinger Engineer to the Town Present Graham Foster Town of Wappinger Highway Superintendent Present Fredrick Awino Town of Wappinger Town Accountant Present II. Salute to the Flag III. Recognition of Service - Victor Fanuele IV. Adoption of Agenda Supervisor Colsey statement Supervisor Colsey noted that Resolution 2010-172 will be dropped from the Agenda due 4 to advice received from the Town Attorney. .. Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni V. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni ........... _...._______ A. Town Board Personnel Interviews B. Code Enforcement/Zoning Administration Reorganization Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni .............---_............. Town of Wappinger Page I Printed 51412010 Town Board Meeting Minutes April 26, 2010 VI. Public Portion Motion To: allow comment on the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Public Comments Supervisor Colsey asked for a motion to allow comment on the Agenda at 7:05 PM. The motion was made by Councilman Bettina, seconded by Councilman Beale and passed unanimously. The first resident to speak was Philip Wirzbicki. He asked if the Hiview Road drainage issue was on the agenda. Supervisor Colsey answered that it was not. He asked how to get something put on the next Agenda. Supervisor Colsey answered that the Agenda was set by the Supervisor and Town Clerk. Mr. Wirzbicki asked if there would be a new business section of the Meeting during which he could discuss the topic. Supervisor Colsey answered that he could not. The next resident was Mary Schmalz. In reading through the Correspondence Log, she noticed a letter from the founder and chairman of Tech Air in Wappingers Falls, Myles P. Dempsey, Sr., to the Town Clerk, Chris Masterson. In the letter, Mr. Dempsey commented on a receipt he received from the Town Clerk, which contained the statement, "As always, it is our pleasure to serve you." He felt this was a refreshing statement. Ms. Schmalz felt that this was a nice compliment for the Town Clerk. The next resident to speak was Vera Khorosh. She commented on the increase in water rates and her condominium fees. She wanted to know why she had to pay the water fee on top of the condominium fee. Supervisor Colsey informed the resident that the Town has no control over what the condominium board of managers sets for maintenance fees. He also noted that the budget for 2010 is set and there would not be a negotiation. The Town Attorney, Al Roberts, concurred that the Town could not do anything for her maintenance fees. He recommends that the resident contact the board and attend their meetings. Philip Wirzbicki asked to speak again. He asked how to get his item on the Agenda. Supervisor Colsey asked the resident to send his request to the Supervisor via email. The resident agreed. Motion To: close the public portion RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni VII. Minutes Approval Councilman Bettina Statement Councilman Bettina stated that his father passed away six weeks ago and his mother has been in the hospital with a brain hemorrhage. He would like the Minutes of April 12, 2010, to be amended to reflect that his mother is in grave condition and he has been taking care of her, which was the reason for his absence from that Meeting. Councilman Beale made a motion to make the correction in the Minutes. The motion was seconded by Supervisor Colsey and passed unanimously. Motion To: amend the Town Board Minutes of 2010-04-12 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Town of Wappinger Page 2 Printed 5/4/2010 Town Board Meeting Minutes April 26, 2010 VIII. IX. Monday, April 12, 2010 ✓ Vote Record - Acceptance of Minutes for April 12 2010 7:00 PM Yes/Aye No/Nay Abstain Absent Absent Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Initiator 0 ❑ ❑ ❑ Voter Joseph Paoloni Voter ❑ ❑ ❑ 0 Correspondence Log RESOLUTION: 2010-161 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-161 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 Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. Discussions A. 2010 Sewer and Water Rates - Colsey Supervisor Colsey opened the discussion at 7:15 PM. He introduced Mike Tremper, from CAMO Pollution Control, Inc. Mr. Tremper has been working for the Town since 1974. He then introduced Christian Harkins, the Town Assessor, Frederick Awino, the Town Accountant, and Debbie Brown, the Water and Sewer Billing Clerk. In 2009, they were involved in the auditing of all of the sewer and water district accounts. The Supervisor went on to explain the documents that were put out for the residents to review. The documents explained the revenue and expenses from 2005 to the present. He noted that the rolling deficit is getting larger and larger. He feels that it is time to make a decision to cover the deficits and increase rates or to push it off for years. He would like to deal with it now. He added that there was a Public Hearing held on November 4, 2009, prior to the approval of the Budget. The Town included a notice for the Public Hearing in every sewer and water bill. Vera Khorosh asked for an explanation of the need for the increases. Supervisor Colsey explained that there have been shortfalls for the past five years and those now need to be addressed. Discussion followed. Joseph Ruggiero feels that the chart that the Supervisor is providing is misleading. He stated that there isn't a rolling deficit, because they were able to use the fund balance to balance the budget. When you total the chart, technically, the Supervisor is right. However, the numbers are irrelevant because the budget was balanced all of those years. He went on to say that it looks like it is coming out of balance only because they probably ran out of fund balance in 2009 and 2010. That is the gap that needs to be made up. Discussion followed. Councilman Beale asked if any fund balances are being created. Supervisor Colsey discussed the fund balances and deficits. He instituted a ten year plan to make up the fund balance deficit. However, the Town is currently in a recovery phase and not a fund building phase. Frederick Awino went on to explain the fund balance. Supervisor Colsey closed the discussion at 7:27 PM. B. Wappingers Falls Mobile Home Park: Water Hookup Request - Colsey Supervisor Colsey opened the discussion at 7:27 PM. Larry Paggi petitioned the Board, on behalf of Mr. Rohls, to consider the water connection. He gave a summary of the history of the mobile home park. He asked the Board for an escrow account to be established so he can talk to the Town professionals in order to get the ground work started. Al Roberts, Town Attorney, advised the Board as to the direction they should take. The Board agreed on a Town of Wappinger Page 3 Printed 51412010 Town Board Meeting Minutes April 26, 2010 $5,000.00 escrow for the first stage of this project. Supervisor Colsey closed the discussion at 7:32 PM. C. Lawrence Development Realty, LLC: Water District Request - Colsey Supervisor Colsey opened the discussion at 7:32 PM. John Lawrence, of Lawrence Development Realty, LLC, is requesting that the Board look into the possibility of creating a new water district. The district would be located between Maloney Road, Airport Drive and New Hackensack Road (Rt. 376). Mr. Lawrence listed the major users in the area and the gallons used per day for each. He then noted the costs associated with the creation of the district. In Mr. Lawrence's proposal, the cost to the Town would be minimal. Mr. Lawrence is also asking the Town to waive all permits and fees, as well as costs of inspections, plans and specifications by the Town Engineer. Al Roberts, Town Attorney, noted that he does not see any way that fees can be waived. Discussion followed. Mr. Roberts recommends that the Board meet with the interested parties and establish an escrow. Bob Gray, Engineer to the Town, agreed with Mr. Roberts. Supervisor Colsey noted that this topic could be addressed at the next Meeting. He then closed the discussion at 7:40 PM. D. Smoking Policy. Town Hall Parks - Colsey/Beale Supervisor Colsey opened the discussion at 7:40 PM. He explained that there are two types of parks: passive recreation areas, such as Reese Park, and more actively used parks, such as Robinson Lane. He is suggesting that there be no smoking in the passive recreation parks and a designated area at the others. Councilman Bettina feels that there shouldn't be any smoking on any of the Town properties. Councilman Beale initially thought there should be designated areas. His opinion has changed, because the schools have prohibited smoking on properties. He has received emails stating that people are smoking near the dug outs. He feels that this is irresponsible. He would support a motion to make the parks tobacco free. Councilman Bettina made a motion that the Town Board make sure that everyone refrains from smoking or using any tobacco products on any properties that are maintained and owned by the Town of Wappinger. Councilman Beale seconded the motion and asked if this should be put in Resolution form. Supervisor Colsey asked if the motion could be amended to direct the Town Attorney to draw up the Resolution. Councilman Bettina agreed. Councilman Beale noted that a sample Resolution has already been provided. Discussion followed. Councilman Beale asked what the current restrictions are. The Board debated what the current restrictions are. Councilman Beale recommended that the current restrictions be clarified as well. Councilwoman Czarniecki noted that the Town of Wappinger is not leading the field in this area. Moving forward with this Resolution will only be bringing the Town of Wappinger up to speed with what many other municipalities are already doing. Supervisor Colsey noted that there is a motion on the table for the Town Attorney to draft a Resolution to designate all Town properties as smoke free/tobacco free. Councilman Beale felt that prohibiting smoking in Town parks should be handled in a separate Resolution from one prohibiting smoking on all Town properties. The Board agreed that the Resolution to be prepared by the Town Attorney will be written to prohibit smoking on Town parks and playgrounds. The motion passed unanimously. Supervisor Colsey closed the discussion at 7:49 PM. Motion To: direct the Town Attorney to draft a Resolution to prohibit smoking on all Town parks and playgrounds RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni E. Dutchess County Pistol Assn.: Special Use Permit - Colsey Supervisor Colsey opened the discussion at 7:49 PM. Stephen Burns, P.E., from Barger & Miller, is requesting that the Board grant a special use permit to the Dutchess County Pistol Association so that they can function as a fraternal organization. They have been at their site since the 1940's. In 1976, they had site plans where they should have obtained a special use permit, but it was never granted and there isn't any record of it. Discussion followed. Al Roberts recommended scheduling a Public Hearing on this topic. He gave a brief history of the property. Councilman Beale asked if this was just a matter of housekeeping. Mr. Roberts answered that it would be more than just housekeeping. Mr. Burns described the work that they are looking to do. Vince Tierney, President of the Dutchess County Pistol Association, described the structure as it is now, as it is proposed to be and the material being used. Town of Wappinger Page 4 Printed 5/4/2010 Town Board Meeting X. Minutes April 26, 2010 Discussion followed. Supervisor Colsey asked for a motion to set the Public Hearing for May 24th. The motion was made by Councilman Beale, seconded by Councilwoman Czarniecki and passed unanimously. Supervisor Colsey closed the discussion at 7:59 PM. Motion To: set Public Hearing for May 24th, 2010 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Tax Certiorari Resolutions RESOLUTION: 2010-162 Resolution Authorizing the Settlement of Tax Certiorari Regarding Double "O" Grill and T&C Seacrest Diner WHEREAS, there is now pending in the Dutchess County Supreme Court, tax certiorari proceeding commenced in 2007 and 2008, by Double "O" Grill and T&C Seacrest Diner, Inc., regarding premises located at Route 9 Rear, Grid # 6156-19-631095-00, seeking a reduction in the 2007 and 2008 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of these tax review proceedings NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2007 and 2008, as it pertains to Grid No.: 6156-19-631095-00. Original Reduction in Final Tax Year Assessment Assessment Assessment 2007 325,000.00 225,000.00 100,000.00 2008 100,000.00 -0- 100,000.00 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-162 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 21 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-163 Resolution Authorizing the Settlement of Tax Certiorari Regarding A.R. Fuels C/O Metro Property Group and HP Coolidge Maloney Road, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court, tax certiorari proceedings commenced in 2007, 2008 and 2009 by AR Fuels c/o Metro Property Group and HP Coolidge Maloney Road, LLC, regarding Grid Nos. 6259-02-538866; 6259-02-544878; 6259- 02-564876; 6259-02-575863; 6259-02-583857;6259-02-593861; 6259-02-635855; 6259-02- 705840, located at Maloney Road, in the Town of Wappinger, commonly known as Village Crest Apartments, seeking a reduction in the 2007 through 2009 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement on these tax review proceedings NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Town of Wappinger Page 5 Printed )1412U/U Town Board Meeting Minutes April 26, 2010 Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 2007 through 2009, as it pertains to Grid Nos. 6259-02-538866; 6259- 02-544878; 6259-02-564876; 6259-02-575863; 6259-02-583857; 6259-02-593861; 6259-02- 635855; 6259-02-705840, as follows: Grid No.: 6259-02-538866 Tax Year Original Total Assessment Revised Total Assessment Reduction 2007 135,000 135,000 -0- 2008 135,000 135,000 1 -0- 2009 1 135,000 135,000 1 -0- Grid No.: 6259-02-544878 Tax Year Original Total Assessment Revised Total Assessment Reduction 2007 147,000 147,000 -0- 2008 147,000 147,000 -0- 2009 1 147,000 1 147,000 -0- Grid No.: 6259-02-564876 Tax Year Original Total Assessment Revised Total Assessment Reduction 2007 148,000 148,000 -0- 2008 148,000 148,000 -0- 2009 148,000 148,000 1 -0- Grid No.: 6259-02-575863 Tax Year Original Total Assessment Revised Total Assessment Reduction 2007 3,200,000 3,200,000 -0- 2008 3,200,000 2,200,000 1,000,000 2009 3,200,000 2,200,000 1,000,000 Grid No.: 6259-02-583857 Tax Year Original Total Assessment Revised Total Assessment Reduction 2007 2,800 2,800 -0- 2008 2,800 2,800 -0- 2009 2,800 2,800 -0- Grid No.: 6259-02-593861 Tax Year Original Total Assessment Revised Total Assessment Reduction 2007 1,700,000 1,700,000 -0- 2008 1,700,000 1,700,000 -0- 2009 1,700,000 700,000 1,000,000 Grid No.: 6259-02-635855 Tax Year Original Total Assessment Revised Total Assessment Reduction 2007 8,000,000 6,767,200 1,232,800 2008 8,000,000 6,767,200 1,232,800 2009 8,000,000 6,767,200 1,232,800 Grid No.: 6259-02-705840 Tax Year Original Total Assessment Revised Total Assessment Reduction 2007 7,400,000 7,400,000 -0- 2008 7,400,000 6,400,000 1,000,000 2009 17,400,000 5,400,000 2,000,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. Town of Wappinger Page 6 Printed 5/4/2010 Town Board Meeting Minutes April 26, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-163 Original Total Assessment Reduction Final Assessment 1998 67,500 -0- 67,500 1999 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. komw RESOLUTION: 2010-164 Resolution Authorizing the Settlement of Tax Certiorari Regarding Dutchess Bleachery WHEREAS, there is now pending in the Dutchess County Supreme Court, tax certiorari proceedings commenced in 1998, 1999 and 2000 by Dutchess Bleachery, LLC., regarding Grid Nos. 6158-13-186252; 6158-13-199254 and 6158-13-220254, seeking a reduction in the 1998 through 2000 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 1998 through 2000, as it pertains to Grid Nos. 6158-13-186252; 6158- 13-199254 and 6158-13-220254, as follows: r, *A AZ . Al GQ_112_1 Qr%7G1) V11U 1\V.• vi✓v Tax Year Original Total Assessment Reduction Final Assessment 1998 67,500 -0- 67,500 1999 67,500 -0- 67,500 2000 67,500 1 -0- 67,500 4sa AT. K1 CQ_1 2_10014A ill 111 IN V. Tax Year V1✓V-1✓-iiir�.-. Original Total Assessment Reduction Final Assessment 1998 27,000 -0- 27,000 1999 27,000 -0- 27,000 2000 27,000 -0- 27,000 n.:a XTP . 91 CQ -1 1_7 f(Yfrd "11U 1\V.. Vi✓V-1✓---V Tax Year r✓z Original Total Reduction Final Assessment Assessment 1998 120,000 -0- 120,000 1999 120,000 -0- 120,000 2000 120,000 -0- 120,000 A_ BE IT FURTHER RESOLVED, that the Town Supervisor, 1 own AssCssut and %jellel L & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-164 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ -- ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 5/4/2010 in er Town Board Meeting XI. Resolutions Minutes RESOLUTION: 2010-165 April 26, 2010 Resolution Affirming Terms of Office for Various Board and Committee Appointees WHEREAS, the Town Clerk has researched the history of terms of office for the various Boards and Committees appointed by the Town Board; and WHEREAS, a copy of the report produced by the Town Clerk was provided to the Town Board in advance of this resolution for their review; and WHEREAS, the Town Board has reviewed the report and determined such to be accurate. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby affirms the terms of office of various Boards appointed by the Town Board as follows: • Planning Board o William Kickham, with a term to expire December 31, 2010 o Angela Bettina, with a term to expire December 31, 2011 o Constance Smith, with a term to expire December 31, 2012 o Robert Valdati, with a term to expire December 31, 2013 o Victor Fanuele, with a term to expire December 31, 2014 o Marsha Leed, with a term to expire December 31, 2015 o Frank Malafronte, with a term to expire December 31, 2016 • Zoning Board of Appeals o Patrick McVeigh, with a term to expire December 31, 2010 o Al Casella, with a term to expire December 31, 2011 o Thomas DellaCorte, with a term to expire December 31, 2012 o Howard Prager, with a term to expire December 31, 2013 o Mike Kuzmicz, with a term to expire December 31, 2014 • Board of Assessment Review o Robert Siefermann, with a term to expire September 30, 2010 o Ramesh Naik, with a term to expire September 30, 2011 o John Lawrence, with a term to expire September 30, 2012 o Lisa Molitoris, with a term to expire September 30, 2013 o Bridget Gannon-Tyliszczak, with a term to expire September 30, 2014 BE IT FURTHER RESOLVED, the Town Board has appointed the following individuals to committees to serve indefinitely at the pleasure of the Town Board: Conservation Advisory Council o Michael Leonard o Ronald Lafko o Barbara A. Jensen-Lafko o Michael A. McFarland o Roger G. Humeston, Jr. Recreation Committee o Bruce Lustig o Gary Trudell o Jim Chappas o William Bitterlich o Meera Dave o Max Dao o Uma Satyendra BE IT FURTHER RESOLVED, the Town Board has appointed Victor Fanuele as Chairman to the Planning Board for the year 2010, Howard Prager as Chairman to the Zoning Board of Appeals for the year 2010, Michael Leonard as Chairman to the Conservation Advisory Council for the year 2010 and Ralph Holt as Liaison to the Recreation Committee for the year 2010. Town of Wappinger Page 8 Printed 5/4/2010 wi Town Board Meeting Minutes April 26, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-165 Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William BealeInitiator ❑ 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina _ Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-166 Resolution Waiving Thirty Day Liquor Authority License Hold Period for DGCD, Inc. D/B/A Angelina's Little Italy WHEREAS, DGCD, Inc. d/b/a Angelina's Little Italy, located at 1639 Route 376 in the Town of Wappinger, by letter received by the Town Clerk on April 7, 2010, has applied for their Liquor License with the New York State Liquor Authority as required by law; and WHEREAS, the Town Board of the Town of Wappinger takes no exception to the approval of the Liquor License and hereby waives its right to a thirty (30) day hold on DGCD, Inc. d/b/a Angelina's Little Italy's application. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby waives its right to require a thirty (30) day hold upon DGCD, Inc. d/b/a Angelina's Little Italy's Liquor License application. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-166 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 April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-167 Resolution Appointing a Part -Time Justice Court Clerk WHEREAS, the Justices to the Town of Wappinger have advised the Town Board that the current part-time Clerk to the Justice Court is retiring and that they are in need of a new part- time Clerk to assist the Court in processing traffic fines, sending out notices, assisting the Court on traffic night, answering phones, data entry, and any other duties that consists of secretarial/clerical duties; and WHEREAS, the new part-time Clerk's appointment will commence immediately to allow the new Clerk to be trained by the existing Clerk, thereby preventing delays in trial scheduling. 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 immediate part-time employment of Jennifer Propfe as the new Clerk to the Town of Wappinger Justice Court at a wage of $12.95 per hour. 3. The salary for the Clerk shall be provided from budget line AI 110.109 in accordance with the letter dated April 14, 2010, from Heather L. Kitchen, Town Justice, a copy of which is affixed hereto. Town of Wappinger Page 9 Printed N412W U Town Board Meeting Minutes April 26, 2010 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-167 0 Adopted Yes/Aye _ No/Nay Yes/Aye No/Nay Abstain Absent 0 Adopted - Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ El Tabled Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ ❑ 0 Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-168 Resolution Authorizing the Inclusion of the Sewer and Water District Accounts within the 2009 Annual Audit WHEREAS, the Town of Wappinger undertook an internal audit of the various sewer and water district accounts prior to the completion of the 2010 Tentative Budget; and WHEREAS, the Town of Wappinger held a public hearing on November 4, 2009, in respect to sewer and water operations and maintenance rates for 2010; and WHEREAS, in consideration of the effects of the audit upon the operations and maintenance rates, the Town of Wappinger Town board has determined it to be in the best interest of the Town to include the water and sewer district accounts within the 2009 annual audit, scheduled to start within the next sixty (60) days. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board, of the Town of Wappinger, hereby authorizes the inclusion of the Town of Wappinger water and sewer district accounts within the 2009 annual audit. 3. The Town Accountant is hereby directed to provide the external auditors with all materials deemed necessary to determine the financial integrity of the various sewer and water accounts. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-168 0 Adopted Yes/Aye _ No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter D ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-169 Resolution Amending the Town of Wappinger Budget for Fiscal Year 2010 in Respect to the Code Enforcement Department WHEREAS, the 2010 Town of Wappinger budget line B8015.100 (Zoning Administrator) is currently without appropriated funds; and WHEREAS, the Town Board has considered the following budget amendment to provide adequate funds for the balance of 2010 (35 weeks), effective May 3, 2010, for a total of $29,616.00: Line Item Budeet Balance (3/10) Amendment B3620.107 (P/T Engineer) 25,000.00 25,000.00 (25,000.00) B3620.107 (Software Upg.) 15,000.00 15,000.00 (4,616.00) B8015.100 (Zoning Admin) -0- -0- 29,616.00 BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Town Town of Wappinger Page 10 Printed 5/412010 Town Board Meeting Minutes April 26, 2010 Supervisor and Town Accountant to amend the 2010 Town of Wappinger budget as outlined above. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-169 Yes/Aye Yes/Aye ' No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-170 Resolution Appointing the Position of Zoning Administrator WHEREAS, the Town of Wappinger incurred a vacancy for the position of Zoning Administrator effective February 26, 2010; and WHEREAS, prior to the vacancy, the Town Board authorized the Town Supervisor to gain a list of qualified candidates from the Dutchess County Personnel Department and to canvas the candidates thereon; and WHEREAS, the position of Zoning Administrator is a competitive role requiring the successful challenge of a Civil Service Examination; and WHEREAS, the Town Board interviewed candidates from the Dutchess County Personnel Department list on March 22, 2010; and WHEREAS, the Town Board believes the role of Zoning Administrator is vital to the quality of life expected by the residents of the Town of Wappinger; and WHEREAS, the Town Board appoints Barbara Roberti to the role of Zoning Administrator effective May 3, 2010; and NOW, THEREFORE, BE IT RESOLVED, that Town Supervisor Christopher Colsey is hereby authorized to appoint Barbara Roberti to the full-time role of Zoning Administrator within the Town of Wappinger Code Enforcement Department in accordance with the duties as enumerated with the Civil Service job description and such annualized salary shall be Forty -Four Thousand Dollars ($44,000.00) to be funded from budget line B8015.100 (Zoning Administrator). BE IT FURTHER RESOLVED, that this position shall be deemed effective on May 3, 2010. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-170 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ❑ ❑ 0 ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-171 Resolution Appointing a Temporary Employee to the Town of Wappinger Senior Center WHEREAS, Jaclyn Smith, Recreation and Senior Center Director of the Town of Wappinger, shall be out of the office due to maternity leave; and WHEREAS, the"Senior Center requires a minimum number of staffing to ensure the ongoing quality of the programs and a safe environment; and WHEREAS, the Senior Center has a staffing compliment, in addition to the Director, of one full-time Recreation Assistant and one part-time Typist; and Town of Wappinger Page 11 Printed 5/4/2010 Town Board Meeting Minutes April 26, 2010 WHEREAS, the Recreation Leader to the Senior Center has requested authorization to utilize the former Senior Director as a temporary employee at her last employed hourly rate of $21.23 per hour, and at the weekly schedule of ten (10) hours. NOW, THEREFORE, BE IT RESOLVED, that former Senior Center Director Kathi DeLisa is hereby appointed as a temporary employee for the period of maternity leave of the Recreation Director, at the weekly schedule of ten hours and the hourly rate of $21.23, at an amount not to exceed $1,698.40, calculated at eight weeks, from Budget Line A7620.100. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-171 0 Adopted Yes/Aye No/Nay Abstain_ Absent__ ❑ Adopted as Amended Christopher Colsey Voter ❑ 0 ❑ 0 ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-173 Resolution in Support of Maintaining the Stony Kill Farm Environmental Educational Center Open to the Public WHEREAS, the Stony Kill Farm features numerous historic buildings, offers environmental education, provides community meeting rooms, and dedicates a location for local residents to work in community garden plots, amongst many other offerings; and WHEREAS, the Stony Kill Farm portion of the local holding in the custody of the New York State Education Department is primarily in the Town of Fishkill, with a small portion in the Town of Wappinger; and WHEREAS, the Stony Kill Farm was generously dedicated to the State of New York for the purpose of agricultural farming, and should such purpose discontinue for one year, the property shall revert back to non-public land; and WHEREAS, the Stony Kill Farm is proposed to be re -zoned from R-80 to R5A by the Wappinger Town Board as part of the ongoing Comprehensive Plan revision process; and WHEREAS, the portion of the Stony Kill Farm lying within the Town of Fishkill is currently zoned R-40; and WHEREAS, in the interest of maintaining a commitment to open space and environmental educational opportunities, the Town of Wappinger Town Board has determined it to be in the best interest of the Town to oppose any efforts by New York State to defund the Stony Kill Farm, which would potentially revert to a non-public purpose. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby authorizes the Town Supervisor to direct a letter to its local State representatives opposing the defunding of the Stony Kill Farm Environmental Educational Center. The foregoing was put to a vote which resulted as follows: Vote Record' -Resolution RES -2010-173 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 0 ❑ 0 ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. Town of"Wappinger Page 12 Printed 5/4/2010 Tnlnin Rnnrd MpptinL Minutes April 26, 2010 RESOLUTION: 2010-174 Resolution Authorizing Refund of Unused Escrow for Del 185 Shaft 6 Rehabilitation (Account 06-3127) WHEREAS, on or about August 11, 2006, Malcolm Pirnie, on behalf of NYCDEP (hereinafter the "Applicant"), filed an application for Site Plan Approval under Application Number 06-3127; and WHEREAS, on or about May 17, 2006, the Applicant deposited Three Thousand, Seven Hundred Fifty Dollars and 00/100 ($3,750.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, additional deposits in the amounts of Five Thousand, Six Hundred Eighty - Seven Dollars and 50/100 ($5,687.50) and Twenty Thousand Dollars and 00/100 ($20,000.00) were made on August 7, 2006, and June 7, 2007, respectively; and WHEREAS, the application was approved and the Resolution of Approval was signed by the Planning Board Chairman on September 9, 2007; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Two Thousand, Nine Hundred Forty -Five Dollars and 50/100 ($2,945.50) remains in escrow account number 06-3127 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 Two Thousand, Nine Hundred Forty -Five Dollars and 50/100 ($2,945.50) from escrow account number 06-3127, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-174 Yes/Aye No/Nay Abstain Absent a Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator a ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter a ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ a Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-175 Resolution Authorizing Refund of Unused Post Planning Escrow for Del 185 Shaft 6 Rehabilitation (Account07-6000 PP) WHEREAS, on or about August 3, 2007, Malcolm Pirnie, on behalf of NYCDEP (hereinafter the "Applicant"), made a deposit in the amount of Three Thousand, Seven Hundred Fifty Dollars and 00/100 ($3,750.00) into an escrow account with the Town of Wappinger in connection with post planning review for site plan approval under Application Number 07-6000 PP; and WHEREAS, an additional deposit in the amount of One Thousand, One Hundred Sixty - Seven Dollars and 50/100 ($1,167.50) was made on June 24, 2009; and WHEREAS, the site plan application was approved and the Resolution of Approval was signed by the Planning Board Chairman on September 9, 2007; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Two Thousand, Five Hundred Eighty -Two Dollars and 50/100 ($2,582.50) remains in escrow account number 07-6000 PP 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 Town of Wappinger Page 13 Printed 51412010 Town Board Meeting Minutes April 26, 2010 forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of Two Thousand, Five Hundred Eighty -Two Dollars and 501100 ($2,582.50) from escrow account number 07-6000 PP, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-175 0 Adopted - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-176 Resolution Awarding Bid for Wappinger Park Water System Demolition WHEREAS, by Resolution 2009-214, adopted on June 8, 2009, the Town Board authorized the solicitation of bids for the abandonment, removal and disposal of certain components of the Wappinger Park Water System; and WHEREAS, advertisements for bids were duly published and the following bids were received: Company Total Hydrovac Excavating, Inc. $ 29,875.00 Marquise Construction & Development Corp. $ 37,735.00 Landworks of Hudson Valley, Inc. $ 39,300.00 Sun -Up Enterprises, Inc. $ 42,000.00 Corewood Ventures $ 42,027.90 Stamford Wrecking Co. $ 43,243.00 Arold Construction Co., Inc. $ 47,335.00 Ben Ciccone, Inc. $ 52,500.00 Thomas Gleason, Inc. $ 53,400.00 Nac Industries, Inc. $ 98,900.00 Gannon's Plumbing & Heating $ 99,750.00 Eventus Construction Co., Inc. $183,900.00 WHEREAS, by letter dated April 20, 2010, Morris Associates Engineering Consultants, PLLC, Engineers to the Town, has reported that the lowest responsible bidder is Hydrovac Excavating, Inc., in the amount of $29,875.00. 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 of Wappinger hereby awards the bid for the abandonment, removal and disposal of certain components of the Wappinger Park Water System to Hydrovac Excavating, Inc. in the amount of $29,875.00. 3. The Town Board hereby authorizes the Supervisor to execute the contract documents as prepared by Morris Associates, and to issue the Notice of Award and Notice to Proceed to Hydrovac Excavating, Inc., after the Attorney to the Town has confirmed that Hydrovac Excavating, Inc. has signed the contract documents and has supplied the necessary Performance Bond, Payment Bond and insurance certificates, as required by the bid specifications. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-176 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 14 Printed 5/4/2010 Town Board Meeting Minutes April 26, 2010 RESOLUTION: 2010-177 Resolution Authorizing Enforcement Proceedings against MVK Landscaping, Inc. (Red Barn) for Continuing Violations of the Town Code WHEREAS, the property located at 125 Myers Corners Road in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel 6258-03-165180 (hereinafter "the Property") is located in an R-20 residential zoning district and is currently being used as a landscape contractor's yard, nursery and landscape supply yard; and WHEREAS, in early 1992, MVK Landscaping, Inc. (hereinafter "MVK"), made application to the Town of Wappinger Planning Board for Site Plan and Special Use Permit Approvals; and WHEREAS, Site Plan Approval was granted by the Planning Board on June 1, 1992, and Special Use Permit Approval was granted on July 29, 1992; and WHEREAS, subsequent to the granting of the Site Plan and Special Use Permit Approvals, MVK did not complete the work or obtain a C.O. as required by the Resolution of Approvals; and WHEREAS, an action was brought in Supreme Court, Dutchess County, and, after substantial negotiations, a Stipulation of Settlement was reached between the Town and MVK in 2003, requiring a new Site Plan be submitted to the Planning Board, but a new Site Plan was never submitted, because an Article 78 proceeding was commenced by a neighbor, Arthur Buckley; and WHEREAS, the use of this Property as a landscape contractor's yard was not authorized by the Resolution of Site Plan and Special Use Permit Approvals, and such uses are not presently permitted within an R-20 residential zoning district; and WHEREAS, based on visual inspection, it appears that the Property is still being used as a landscape contractor's yard, nursery and landscape supply yard. -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 Attorney to the Town, Albert P. Roberts, Esq., or any member of his firm, to commence and prosecute to its conclusion an enforcement action or actions against the owner of the subject Property, MVK Landscaping, Inc., or its successor, in Supreme Court, Dutchess County, 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 is also authorized to execute any and all documents necessary for the commencement and continuation of said lawsuit and to cooperate with the Attorney to the Town to facilitate this litigation. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-177 Yes/Aye ' No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-178 Resolution Reconfirming Authorization for Commencement of Litigation against Owner of 2-4 Kent Road for Continuing Violations of Town Code WHEREAS, the Town Board adopted a Resolution on January 26, 2009, authorizing enforcement proceedings against the owners of 2 - 4 Kent Road for continuing violations of the Town Code; and Town of Wappinger Page 15 Printed 51412010 Town Board Meeting Minutes April 26, 2010 WHEREAS, the circumstances outlined in said Resolution remain the same based on a report submitted by the Town Fire Inspector, Mark Liebermann, dated April 15, 2010. 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 reconfirms its authorization to the Attorney to the Town, Albert P. Roberts, Esq., or any member of his firm, to commence and prosecute to its conclusion an enforcement action or actions against the owner of the subject Property, Kent Road Associates, LLC, or its successor, in Supreme Court, Dutchess County, 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 is also authorized to execute any and all documents necessary for the commencement and continuation of said lawsuit and to cooperate with the Attorney to the Town to facilitate this litigation. The foregoing was put to a vote which resulted as follows: ✓Vote Record - Resolution RES -2010-178 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder Rl ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter 21 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator El ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ El Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-180 Resolution Authorizing Enforcement Proceedings against A.W. Scrap Processors, Inc. for Continuing Violations of the Town Code WHEREAS, A.W. Scrap Processors, Inc. owns several parcels of property located on Route 9D in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcels 6056-02-688723, 6056-02-721673 and 6056-02-680695; and WHEREAS, tax map parcel 6056-02-688723 and 6056-02-721673 have a common street address of 1980 Route 9D, and have been used as a pre-existing, non -conforming salvage yard; and WHEREAS, A.W. Scrap Processors, Inc. has expanded the non -conforming salvage yard onto tax map parcel 6056-02-680695 as confirmed by aerial photography; and WHEREAS, A.W. Scrap Processors, Inc. has not utilized the non -conforming salvage yard in accordance with the terms and provisions of the Town of Wappinger Zoning Code or the Town of Wappinger Junk Yard Code; and WHEREAS, it appears that A.W. Scrap Processors, Inc. has also expanded the use onto contiguous property owned and/or controlled by Central Hudson Gas and Electric and/or other utilities. 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 Attorney to the Town, Albert P. Roberts, Esq., or any member of his firm, to commence and prosecute to its conclusion an enforcement action or actions against the owner of the subject Property, A.W. Scrap Processor, Inc., or its successor, in Supreme Court, Dutchess County, 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 is also authorized to execute any and all documents necessary for the commencement and continuation of said lawsuit and to cooperate with the Attorney to the Town to facilitate this litigation. Town of Wappinger Page 16 Printed 5/4/2010 1� Town Board Meeting Minutes April 26, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-180 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-179 Resolution Authorizing Enforcement Proceedings against Horton House Family Center for Continuing Violations of the Town Code WHEREAS, Cynthia L. Vergilii and John A. Vergilii own the premises located at 1540 Route 376 in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel 6259-04-620173 (hereinafter "the Property"), and is located in a single-family residential zoning district; and WHEREAS, in June 2008, Cynthia L. Vergilii and John A. Vergilii (hereinafter "Horton House") made application to the Town of Wappinger Town Board for a Change of Zone/Text to allow for the unique use of "historic house" tours, receptions and special events, subject to special use permit in a single-family residential zoning district; and WHEREAS, the Town Board adopted the requested zoning changes by amendment to the Zoning Code by Local Law #2 of 2009, adopted on January 26, 2009; and WHEREAS, the zoning amendment required the owners of Horton House to submit an application to the Planning Board for Site Plan and Special Use Permit Approvals; and WHEREAS, the owners have refused to apply for the required Site Plan and Special Use Permit Approvals, claiming financial hardship; and WHEREAS, based on newspaper advertisements, email postings, other literature and visual inspections, it appears that the Property is currently being used for historic house tours, receptions and similar events without the requisite special use permit and site plan approvals. 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 Attorney to the Town, Albert P. Roberts, Esq., or any member of his firm, to commence and prosecute to its conclusion an enforcement action or actions against the owners of the subject Property, Cynthia L. Vergilii and John A. Vergilii, or their successor, in Supreme Court, Dutchess County, 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 is also authorized to execute any and all documents necessary for the commencement and continuation of said lawsuit and to cooperate with the Attorney to the Town to facilitate this litigation. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-179 Yes/Aye ', No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 17 Printed 5/4/2010 Town Board Meeting Minutes April 26, 2010 XII. Items for Special Consideration Motion To: add Blueberry Festival topic to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni A. Blueberry Festival The Friends of Carnwath group plans to hold a Blueberry Festival at the Carnwath Farms site. They seek approval from the Town Board. The Board discussed whether the group needed insurance in place in order to hold this event. The Board will address this issue again at the next Meeting. XIII. New Business Supervisor Colsey New Business Supervisor Colsey read a letter from Graham Foster, Highway Superintendent, which was an update to the Board about the brush pick up. In his letter, Mr. Foster asked for an additional purchase order in the amount of $30,000.00 to continue grinding the brush. Mr. Foster has been notified by the Fire Inspector that it is a fire hazard. The mulch must come in and go out. It cannot be stock -piled. Discussion followed. Supervisor Colsey offered recommendations for transfers, but the Highway Superintendent took exception to each one. Supervisor Colsey noted that the place to ask for direction is not necessarily the day of the Town Board Meeting. Mr. Foster asked if that meant he should stop the pick-up. Councilman Beale stated that the pick-up needs to continue, but the solution does not have to come on the spot at the dais. Supervisor Colsey agreed. Discussion followed. Councilman Bettina New Business Councilman Bettina stated that he has received numerous calls about vandalism in the Chelsea area. He would like the Sheriffs Department to go over and take a look down there. Supervisor Colsey replied that patrols are being increased in that area. Councilman Beale added that they need to increase patrol in Fleetwood Park also. Councilman Bettina also commented on the tree clearing issue on Route 9. He feels that this is a "Catch-22". He doesn't suggest that anyone was trying to do the wrong thing. He does think that the Town needs to come to some sort of resolution on the issue. XIV. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni A. Enforcement Issues - Attorney Advice Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki ABSENT: Vincent Bettina, Joseph Paoloni Town of Wappinger Page 18 Printed 5/4/2010 Trnem Rnnrd MPPtinE Minutes April 26, 2010 XV. Town Board Review of Vouchers RESOLUTION: 2010-181 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: 2010T Vendor A (Townwide) B (PartTown) DB (Highway) AM (Ambulance) CAMO Pollution PKS 04 -TA -095) Garage Fuel tanks) District) CAMO Pollution Reconstruction Central Hudson $50.15 CAMO Pollution Central Hudson $485.25 Central Hudson Central Hudson $2,806.26 Marshall & Sterling $28.00 NYComCo $427.00 $1,340.00 NYCnmCn Royal Carting $16,322.00 Home Depot $37.94 Frontier Comunication $22.57 Signal Graphics $190.55 Post Office Wappingers Wapp Central Oak Grove $1,260.00 Mid Hudson Fasteners $134.30 Al Roberts $2,128.50 Al Roberts Al Roberts $33.00 Al Roberts $627.00 Al Roberts $1,259.07 Al Roberts $1,404.90 Al Roberts $66.00 Al Roberts $7,034.17 $2,363.20 $231.00 HO Penn $5,741.67 Carquest $73.67 Carquest $382.65 CSEA $2,073.78 Wapp Central Sheafe Rd. $1,440.00 Emblem $10,016.89 $457.09 Keystone Plastic $840.49 Business Automat System $390.00 Wells Fargo Financial $325.59 Wells Fargo Financial $369.53 $373.56 Aflac George Kolb $157.50 Charles Reinhardt $8.00 Transcare $32,916.66 Karol Kelly $60.20 All State Joe DeRosa Sr $300.00 NYALGRO $60.00 Stormwater Managemnt $475.00 Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Wilson Oil $1,075.16 Hannaford $5.32 Great American Leasing $563.07 Delta Dental $1,365.81 $305.67 Totals $42,440.97 $10,777.82 $11,892.72 $32,916.66 Vendor CD (Trails Grant - HGC (Highway HFT (Underground LC (Camel! Light PKS 04 -TA -095) Garage Fuel tanks) District) Reconstruction CAMO Pollution CAMO Pollution Central Hudson Central Hudson $76'78 Central Hudson Marshall & Sterling NYCnmCn Town of Wappinger Page 19 Printed 5/412010 Town Board Meeting Minutes April 26, 2010 Royal Carting Home Depot Frontier Comunication Signal Graphics Post Office Wappingers Wapp Central Oak Grove Mid Hudson Fasteners Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $198.00 $33.00 HO Penn Carquest Carquest CSEA Wapp Central Sheafe Rd. Emblem Keystone Plastic Business Automat System Wells Fargo Financial Wells Fargo Financial Aflac George Kolb Charles Reinhardt Transcare Karol Kelly All State Joe DeRosa Sr NYALGRO Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Wilson Oil Hannaford Great American Leasing Delta Dental Totals $198.00 $33.00 $679.34 78 Vendor LD (Chelsea Light District) LH (Hughsonville Light District) SF (Fleetwood Sewer SI (Sewer Improvement area # 1) CAMO Pollution CAMO Pollution $7,958.33 $24,541.67 Central Hudson Central Hudson Central Hudson $831.55 $2,382.73 Marshall & Sterling NYComCo Royal Carting Home Depot Frontier Comunication Signal Graphics Post Office Wappingers Wapp Central Oak Grove Mid Hudson Fasteners Al Roberts Al Roberts $55.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $258.50 HO Penn Carquest Carquest CSEA Wapp Central Sheafe Rd. Emblem Town of Wappinger Page 20 Printed 5/4/2010 Town Board Meeting Minutes April 26, 2010 Keystone Plastic Business Automat System Wells Fargo Financial Wells Fargo Financial Aflac George Kolb Charles Reinhardt Transcare Karol Kelly All State Joe DeRosa Sr NYALGRO Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Wilson Oil Hannaford Great American Leasing Delta Dental Totals $831.55 $2,382.73 $7,958.33 $24,855.17 Vendor SM (Midpoint Park Sewer) SR (Rockingham Sewer) SV (Phase 3A Sewer SW (Wildwood Sewer CAMO Pollution CAMO Pollution $9,500.00 $16,166.67 $14,125.00 $13,050.00 Central Hudson Central Hudson Central Hudson Marshall & Sterling NYComCo Royal Carting Home Depot Frontier Comunication Signal Graphics Post Office Wappingers Wapp Central Oak Grove Mid Hudson Fasteners Al Roberts Al Roberts $55.00 $484.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $258.50 $258.50 HO Penn Carquest Carquest CSEA Wapp Central Sheafe Rd. Emblem Keystone Plastic Business Automat System Wells Fargo Financial Wells Fargo Financial Aflac George Kolb Charles Reinhardt Transcare Karol Kelly All State Joe DeRosa Sr NYALGRO Stormwater Town of Wappinger Page 21 mmea j141wi v Town Board Meeting Minutes April 26, 2010 Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Wilson Oil Hannaford Great American Leasing Delta Dental Totals $9,500.00 $16,480.17 $14,867.50 $13,050.00 Vendor T14 T16 T92 T96 WF (Fleetwood Water CAMO Pollution (Wappinger Water) Trees) $2,200.00 CAMO Pollution $1,516.67 $2,875.00 $65,840.41 CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Marshall & Sterling NYComCo Royal Carting Home Depot Frontier Comunication Signal Graphics Post Office Wappingers Wapp Central Oak Grove Mid Hudson Fasteners Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $6,532.50 $165.00 Al Roberts $330.00 HO Penn Carquest Carquest CSEA Wapp Central Sheafe Rd. Emblem Keystone Plastic Business Automat System Wells Fargo Financial Wells Fargo Financial Aflac $417.70 George Kolb Charles Reinhardt Transcare Karol Kelly All State $802.24 Joe DeRosa Sr NYALGRO Stormwater Managemnt Stormwater Managemnt $250.00 Stormwater Managemnt $1,000.00 Stormwater Managemnt $825.00 Wilson Oil Hannaford Great American Leasing Delta Dental Totals $802.24 $417.70 $8,937.50 $165.00 $2,200.00 Vendor WH WT WU (WatchHill (Tall (Wappinger Water) Trees) United Water CAMO Pollution $1,516.67 $2,875.00 $65,840.41 CAMO Pollution Central Hudson Central Hudson Central Hudson Town of Wappinger Page 22 Printed 5/412010 Town Board Meeting Minutes April 26, 2010 Marshall & Sterling NYComCo Royal Carting Home Depot Frontier Comunication Signal Graphics Post Office Wappingers $1,478.40 Wapp Central Oak Grove Mid Hudson Fasteners Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $231.00 HO Penn Carquest Carquest CSEA Wapp Central Sheafe Rd. Emblem Keystone Plastic Business Automat System Wells Fargo Financial Wells Fargo Financial Aflac George Kolb Charles Reinhardt Transcare Karol Kelly All State Joe DeRosa Sr NYALGRO Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Wilson Oil Hannaford Great American Leasing Delta Dental Totals $1,516.67 $2,875.00 $67,549.81 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 April 26, 2010, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-181 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. Supervisor Colsey statement Supervisor Colsey noted that Councilman Bettina departed early because he wanted to get to the hospital to see his mother before visiting hours ended. Town of Wappinger Page 23 Printed 5/4/2010 Town Board Meeting Minutes RESOLUTION: 2010-182 Anril 26. 2010 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: 201OU Vendor A (Townwide) B (PartTown) DB (Highway) HN (99 2 R Capital) CAMO Pollution $195.00 CAMO Pollution $250.00 CAMO Pollution $620.00 Central Hudson $2,076.93 Central Hudson $73.45 Central Hudson $60.08 Central Hudson $24.02 Marshall & Sterling $153.00 Empire $2,932.36 $2,176.60 $5,827.55 Home Depot $19.88 Sedore & Company $2,356.00 Tri Muni Sewer Comm $66,237.30 $51,517.90 $66,237.30 NYS Unemploymnt $13,122.30 $6.39 Capital Markets $1,750.00 National Fire Protection $150.00 Frederick Clark $474.00 Frederick Clark $15,984.90 Frederick Clark $9,148.24 Foam and Wash $7.00 $24.50 Justice Court $29,910.00 Zee Medical $53.20 Cablevision $274.65 WB Mason $2.77 Orrick, Herrington, $825.00 Sutcliffe R Costa $479.40 R Costa $454.83 Clark Patterson Lee Verizon Wireless $479.39 $283.12 Perfect Comfort $542.50 Frederick Thomas Jeff Hunt Totals $56,411.76 $11,788.85 $5,827.55 $250.00 Vendor SI (Sewer Improvement area # 1 SR (Rockingham Sewer) SV (Phase 3A Sewer) T92 CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Marshall & Sterling Empire Home Depot Sedore & Company Tri Muni Sewer Comm $66,237.30 $51,517.90 $66,237.30 NYS Unemploymnt Capital Markets National Fire Protection Frederick Clark $474.00 Frederick Clark $15,984.90 Town of Wappinger Page 24 Printed 514/2010 Town Board Meeting Minutes April 26, 2010 i Frederick Clark A (Townwide) B (PartTown) DB (Highway) HG (Carnwath Restoration Foam and Wash $55.42 $3,895.00 Justice Court ' No/Nay Abstain Absent 0 Adopted Zee Medical Voter 0 ❑ ❑ Cablevision ❑ Adopted as Amended William Beale Seconder 0 WB Mason ❑ ❑ ❑ Defeated Vincent Bettina Orrick, Herrington, ❑ ❑ ❑ 0 Sutcliffe Ismay Czamiecki Initiator El ❑ R Costa ❑ ❑ Withdrawn Joseph Paoloni Voter R Costa ❑ ❑ 0 $3,408.00 Clark Patterson Lee 293.94 $ $11,185.00 185. Verizon Wireless $7,072.91 $2,552.24 , $16,065.36 Perfect Comfort $2,328.10 $2,747.20 Frederick Thomas $225 00 $1,400.40 Jeff Hunt Totals $66,237.30 $51,517.90 $66,237.30 $24,014.50 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 April 26, 2010, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-182 A (Townwide) B (PartTown) DB (Highway) HG (Carnwath Restoration CAMO Pollution $55.42 $3,895.00 Yes/Aye ' No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Ismay Czamiecki Initiator El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-183 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: 2010V Vendor A (Townwide) B (PartTown) DB (Highway) HG (Carnwath Restoration CAMO Pollution $55.42 $3,895.00 CAMO Pollution CAMO Pollution $240.00 Central Hudson $78.38 Verizon $26.15 Pitney Bowes $699.00 Town of Fishkill Town of Fishkill DC Sheriff $4,689.16 $14,002.69 Mid Hudson Fasteners 293.94 $ $11,185.00 185. James Baisley MVP $7,072.91 $2,552.24 , $16,065.36 MVP Gold $2,328.10 Hyatt's Garage $225 00 Hudson Valley NYSBOC $25.00 Hudson Valley NYSBOC $25.00 Village of Fishkill $257.00 Hudson River Truck/Trailer Staples $8.00 Staples $49.17 Staples $27.41 Reserve Account $5,000.00 nn Piirrhasina $283.16 Town of Wappinger Page 25 Printed 51412010 Town Board Meeting Minutes April 26, 2010 Christopher Colsey $30.00 Christopher Colsey $45.56 S & S Worldwide $91.80 Van Kleek's Tire $331,803.98 Toshiba Financial $476.71 Poland Spring $220.60 C & C Hydraulics $10,323.15 C & C Hydraulics YTD available budget balance WB Mason $52.49 Jaclyn Smith-Imm $7.00 Cornerstone $500.56 $75.79 Kingston Fire Equip $290.00 Wilson Oil $402.45 Mid Valley Mechanical $ (294,914.09) Mid Valley Mechanical $ 28,509.53 Totals $22,390.87 1 $16,963.88 $4,581.17 $433.00 $575.00 $428.10 $158.40 $24,449.75 $3,895.00 2010 Adopted Budget $3,483,404.00 $1,303,147.00 $2,503,172.00 N/A YTD Actual Expended $1,151,100.62 $331,803.98 $993,037.13 $7,505.50 YTD Encumbered $3,807.00 $28,000.00 $10,323.15 N/A YTD available budget balance $2,332,303.38 $971,343.02 $1,510,134.87 N/A YTD available budget bal % 66.95% 74.54% 60.33% N/A Cumm. Fund balance/(deficit) $ 564,037.26 $ (294,914.09) $1,231,407.00 $ 28,509.53 Unrestricted Vendor SH (Watch Hill Sewer) WF (Fleetwood Water WH (Watch Hill Water WU (Wapp Unitd Water) CAMO Pollution $16,228.01 $74,907.66 78.85% 76.35% CAMO Pollution $ 45,342.68 CAMO Pollution Central Hudson Verizon Pitney Bowes Town of Fishkill $2,562.12 Town of Fishkill $4,332.05 DC Sheriff Mid Hudson Fasteners James Baisley MVP MVP Gold Hyatt's Garage Hudson Valley NYSBOC Hudson Valley NYSBOC Village of Fishkill $7,264.45 Hudson River Truck/Trailer Staples Staples Staples Reserve Account DC Purchasing Christopher Colsey Christopher Colsey S & S Worldwide Van Kleek's Tire Toshiba Financial Poland Spring C & C Hydraulics C & C Hydraulics WB Mason $69.90 Jaclyn Smith-Imm Cornerstone Kingston Fire Equip Wilson Oil Mid Valley Mechanical Mid Valley Mechanical Totals $4,332.05 1 $7,264.45 1 $2,562.12 $69.90 2010 Adopted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) Unrestricted $20,580.00 $98,108.00 $4,351.99 $23,200.34 $0.00 $0.00 $16,228.01 $74,907.66 78.85% 76.35% $ (7,675.81) $ 45,342.68 $35,300.00 $1,579,922.00 $8,837.32 $497,410.22 $0.00 $0.00 $26,462.68 $1,082,511.78 74.97% 68.52% $ 38,499.02 $1,802,144.91 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of April 26, 2010, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. Town of Wappinger Page 26 Printed 51412010 1 Town Board Meeting Minutes April 26, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-183 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Ismay Czarniecki Initiator RI ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 26, 2010 The Resolution is hereby duly declared adopted. XVI. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki ABSENT: Vincent Bettina, Joseph Paoloni The meeting adjourned at 9:15 PM. ohn C. Masterson Town Clerk Town of Wappinger Page 27 Printed 5/4/2010