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2010-05-10 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Monday, May 10, 2010 7:00 PM Town Hall 7:00 PM Meeting called to order on May 10, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order it II. Salute to the Flag III. Adoption of Agenda IV. Executive Session A. Sewer Consolidation Special Legislation/Attorney Advice -Colsey B. MTBE Settlem en t1A ttorn ey Advice - Colsey 2010-184. Confidential Executive Session Resolution - Getty V. Public Portion VI. Minutes Approval Monday, April 26, 2010 VII. Correspondence Log 2010-185. Resolution Authorizing the Acceptance of the Correspondence Log VIII. Discussions A. Town Records Storage - Colsey B. Sewer Consolidation Special Legislation - Colsey IX. Public Hearings Local Law No. Of the Year 2010, Creating Chapter 5 of the Town Code Entitled, "Attendance and Training Standards for Appointed Boards" X. Resolutions 2010-186. Resolution Authorizing a Change of Status for an Employee within the Part -Time Seasonal Class 2010-187. Resolution Appointing a Part -Time Supervisor of Buildings and 6M Grounds 2010-188. Resolution Authorizing Amendments to the 2010 Town of Wappinger Budget in Respect to the Storm Damage Debris Removal Process by the Highway Department 2010-189. Resolution Authorizing the Recruitment of Candidates to Fill Vacancies within the Town of Wappinger 2010-190. Resolution Designating Town of Wappinger Parks and Playgrounds as Tobacco Free Zones 2010-191. Resolution to Approve Settlement with Getty 2010-192. Resolution Authorizing the Solicitation of Bids for the Procurement of an Emergency Generator at the Town of Wappinger Highway Department 2010-193. Resolution Creating Escrow Account for Proposed Maloney Road Water District 2010-194. Resolution Requesting Special Legislation to Authorize Formation of an Article 12 Sewer District 2010-195. Resolution Adopting Local Law No._ of the Year 2010, Creating Chapter 5 of the Town Code Entitled, "Attendance and Training Standards of Appointed Boards" XI. Items for Special Consideration XII. New Business XIII. Town Board Review of Vouchers 2010-196. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-197. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIV. Adjournment Town of Wappinger Page I Printed 51512010 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us ^' Minutes — Chris Masterson 845-297-5771 Monday, May 10, 2010 7:00 PM Town Hall IV. Call to Order Supervisor Christopher Colsey called the meeting to order at 7:00 PM. Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present Graham Foster Town of Wappinger Highway Superintendent Present Doug Goodfriend Town of Wappinger Bond Counsel Present Salute to the Flag Adoption of Agenda Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni A. Sewer Consolidation Special Legislation/Attorney Advice - Colsey B. MTBE Settlement/Attorney Advice - Colsey RESOLUTION: 2010-184 Confidential Executive Session Resolution - Getty Confidential The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-184 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 Czamiecki Voter El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page I Printed 5/25/20/0 Town Board Meeting Minutes May 10, 2010 V. VI. JA Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Portion Motion To: open the floor for agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey; Beale, Bettina, Czarniecki, Paoloni Comments on the Agenda Mary Schmalz asked to speak about Resolution 2010-187. She wanted to know if the position being filled was a civil service position. Supervisor Colsey replied that it was a civil service position and the people that were interviewed came off of a civil service list. Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Minutes Approval Monday, April 26, 2010 ✓ Vote Record - Acceptance of Minutes for April 26 2010'6:00 PM' 0 Adopted Yes/Aye Yes/Aye No/Nay Abstain Absent Christopher Colsey Christopher Colsey Voter ❑ 0 ❑ ❑ 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Voter 0 ❑ ❑ ❑ Joseph Paoloni Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2010-185 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 - ResolutionRES-2010-185 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 May 10, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 2 Printed 5/25/2010 Tnwn Rnard Meetine Minutes May 10, 2010 VIII. Discussions A. Sewer Consolidation Special Legislation - Colsey Supervisor Colsey opened the discussion at 7:54 PM. Al Roberts, Town Attorney, using an enlarged map on an easel, described the areas included in the Wappinger Sewer Transmission Treatment Improvement Areas Phase I, II and IIIA. Tri -Muni has advised the Town that they are going to require several hundreds of thousands of dollars worth of capital improvements to the plant. Ultimately, people and parcels interconnected to the plant will have to pay for it. WSTTIA was formed pursuant to Article 12C of Town Law. Improvement Areas are primarily designed to serve one purpose. Consequently, whenever Tri -Muni needs a new bond or a new borrowing in order to make improvements to the plant, they would need to create a new improvement area. The Town has previously authorized a request to the State Legislature to convert these interconnected properties to an Article 12 district. Once the district is formed, it will not have to be reformed for each new borrowing. The bond indebtedness that is outstanding for Phase I and II will only be paid by the people in Phase I and II. That will be retired in about two more payments. The new bonds that may be issued for Tri -Muni will be paid uniformly by all of the properties in the consolidated district. In addition, the O&M charge will all now be uniformly paid. Presently, separate budgets are prepared for each area. The Town will now consolidate them into one O&M charge. Ultimately, this will simplify the administration of the sewer facility that is connected to Tri -Muni. Councilman Paoloni asked if it was correct that it would not affect the trunk line. Mr. Roberts confirmed that the trunk line is not included in this legislation. At the request of Supervisor Colsey, Mr. Roberts went on to discuss the water district consolidation and how this sewer consolidation is different. Discussion followed. The Town's bond counsel, Doug Goodfriend, discussed the benefits of sewer districts over improvement areas. Supervisor Colsey asked Joseph Ruggiero if he had any questions as former Supervisor. Mr. Ruggiero asked the Town Attorney who would pay for the plant expansion if a plant expansion was triggered. Mr. Roberts answered that the property owners in the expansion area would pay. Discussion about the expansion scenario followed. Mr. Roberts noted that there was a Resolution for this on the Agenda for this Meeting. Chris Harkins, Town Assessor, commented that there was one lot that was missed and is not on the Town Attorney's map. Discussion followed. Supervisor Colsey closed the discussion at 8:08 PM. B. Town Records Storage - Colsey Supervisor Colsey opened the discussion at 8:08 PM. He noted that there are concerns about the safety and security of storing the Town's archives at Carnwath. He also noted that a lot of money is being spent to heat the building that the records are being stored in. If the Town was to use a local storage facility, the cost to store the records would be between $5000 and $7500 per year. The Supervisor is also looking into the possibility of building a steel storage facility on the Town Hall property for the storage of records. Councilman Beale asked how much space they need. The Town Clerk, Chris Masterson, replied that the storage barn at the Highway complex would have been sufficient. They also looked at the Oakwood sewer plant and the administration building at Carnwath. Since the highway facility is not an option, the steel structure may be the best option. Councilman Beale recommended storing the records somewhere on the Carnwath campus. Supervisor Colsey pointed out that there is a security issue at Carnwath. It is also expensive to heat that building. It also takes significant amounts of time to go to Carnwath to retrieve records. He went on to say that there was a break-in at Carnwath recently. Councilman Beale stated that he would like to use the administration building. Mr. Masterson noted that the administration building was looked at and it was found to have several problems that made it not suitable for the archives. Councilman Beale asked the Town Clerk if he had a recommendation. Mr. Masterson noted that he did not like the Oakwood building. He went on to say that the steel structure would probably be approved by State Archives. Councilman Beale noted that there is a legislative aide room in Town Hall. Mr. Masterson commented that a room the size of the senior center would be more practical. The archives could be modernized to require much less room than is currently needed. Discussion about the construction of a steel structure followed. Mr. Masterson added that the dormitory at Carnwath is not currently climate controlled. Councilman Beale asked what other towns are doing with their records. Supervisor Colsey replied that some are using Iron Mountain and some have the room to store records internally. Mr. Masterson gave examples of why Wappinger would not need to store records at Iron Mountain. He went on to say that it is getting closer to the point that records will not be required to be officially stored in paper form. Supervisor Colsey asked if the Board would like him to investigate further. Discussion followed. The Board is not opposed to looking into this further. Town of Wappinger Page 3 rnntea w u Town Board Meeting Minutes May 10, 2010 IX. Public Hearings Motion To: open the Public Hearing RESULT ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Local Law No. Of the Year 2010, Creating Chapter 5 of the Town Code Entitled, "Attendance and Training Standards for Appointed Boards" Councilman Beale made a motion to open the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. Town Clerk, Chris Masterson, offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Al Roberts, Town Attorney, explained the Local Law. He noted that this Local Law requires a minimum attendance for any appointed Board Member. The attendance requirement is 80% of all regular and special Board Meetings in a 12 month period. There is also a section that sets 5 consecutive unexcused absences as grounds for termination. He listed examples of excused absences. The Local Law will only count for absences that occur after the adoption of the Law. Councilman Paoloni asked for clarification. He noted that the percentage of Meetings missed is to be calculated at the end of the 12 months. Otherwise, missing four out of eight of the Members first eight meetings would mean that the Member missed 50%. Mr. Roberts noted that it may not require the full 12 months to see that a Member has no ability to make the 80% attendance requirement. Councilman Paoloni noted that his question is specific to the first year that a Member serves. Councilman Beale noted that there have been instances where Members have been appointed and proceeded to go on vacations and have missed an entire month of Meetings. Councilwoman Czarniecki added that they also go down to Florida for extended periods. Councilman Bettina noted that it is unfair to call Special Meetings that Members can't make it to. Mr. Roberts noted that the Members have the opportunity to be excused. Councilman Paoloni asked who would determine if it is an excused absence. Mr. Roberts answered that it is up to the Town Board. Councilman Paoloni asked if it would be acceptable and excusable to go to Florida for the winter. Councilman Beale asked why that would be acceptable. Discussion followed. Supervisor Colsey opened the floor to the public. There were no comments from the public. Councilman Beale made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. The Public Hearing closed at 8:30 PM. RESULT: CLOSED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Iiown of'Wappinger Page 4 Printed 5/25/2010 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE "LOCAL LAW # _ OF 2010, CREATING CHAPTER 5 OF THE TOWN CODE ENTITLED, "ATTENDANCE AND TRAINING STANDARDS FOR APPOINTED Com• BOARDS". STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 21St, 2010, your deponent posted a copy of the "Notice of Public Hearing on the Local Law # —of 2010 Creating Chapter 5 of the Town Code entitled, "Attendance and Training Standards for Appointed Boards" on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. S rn to be re e the 10th day of May, 2010 1 NOTARY PUBLIC I. CAA TE -2 hn C. Masterson Town Clerk Town of Wappinger CHRISTOPHER COLSEY Nt)TgRY PUBLIC -STATE OF NEW YORK No, 01 COb211010 04401010CI in QutchAss County r�� �-emmliilan "Plies September 09, 3015 W � �Y Z ce n. W a_j U LJ. z O O l— Pq1ikoeep.5ie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie "M ANN SPAPPS SON York wMI M T OiSi82161iki dra%IMd in Outchan County A;orrxrdssion Expires Jams" 4.20 Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2010 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 21st. day of April in the year of 2010 and on the following dates thereafter, namely on: And ending on the day of in the ye r of 2010 , both days inc4usive. i Subscribed nd sworn to before me this o7oZ W day of in the year of 2010_ My commission expires //y Znj J SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN.STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #85684 State of NEW YORK SS: County of DUTCHESS I, JOAN MILLER, being duly sworn, depose and say: that I am the Publisher of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 04/21/10. Sworn to befc�"e this 21st day of April, 2010 ALBERT M OSTEN c Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County My commission expires on May 16, 2011 �E"" APR 2 3 :-'.7 TOWN OF WAPPTNGER TOWN CLERK Town Board Meeting Minutes May 10, 2010 X. Resolutions Motion To: amend Resolution 2010-186 RESULT: ADOPTED [4 TO 0] MOVER: Joseph Paoloni, Councilman SECONDER: William Beale; Councilman AYES: William Beale, Vincent Bettina, Ismay Czarnieckii Joseph Paoloni ABSTAIN: Christopher Colsey RESOLUTION: 2010-186 Resolution Authorizing a Change of Status for an Employee within the Part -Time Seasonal Class WHEREAS, the Town Board, through resolution 2010-129, approved the hiring of the following seasonal parks and maintenance employees on April 12, 2010: NAME START DATE RATE BUDGET LINE Frank McKinney March 29 $14.88 A7110.103 Bernie Roe April 5 $12.24 A7110.106 John Mighore April 12 $11.88 A7110.107 Vincent LaVacca April 12 $11.88 A7110.106 Tom McKinney May 3 $8.00 A7110.105 Jonathan Harris $9.00 WHEREAS, there remains two vacancies, as budgeted, with the seasonal parks and maintenance roster of employees; and WHEREAS, the Recreation Supervisor has recommended, in a memo dated April 28, 2010, that returning employee Tom McKinney be transferred to the role of laborer, with an adjustment in salary to $11.88 per hour, as paid through Budget Line A7110.101. NOW, THEREFORE, BE IT RESOLVED, that the Recreation Department Supervisor is hereby authorized to transfer Tom McKinney to the role of seasonal/part-time laborer at the hourly rate of $11.88 from Budget Line A7110.101. BE IT FURTHER RESOLVED, that the Recreation Department Supervisor is to provide written advice to the Town Board no later than September 30, 2010, in respect to the annual termination schedule of the seasonal employees. The foregoing was put to a vote which resulted as follows: ✓ Vote Record,- Resolution RES -2010-186 Yes/Aye No/Nay Abstain Absent 8 Adopted _ Christopher Colsey Voter ❑ ❑ � ❑ ❑ Adopted as Amended William Beale Seconder EI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ 0 ❑ ❑ Tabled Ismay Czarnecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-187 Resolution Appointing a Part -Time Supervisor of Buildings and Grounds WHEREAS, the Town Board authorized the Town Supervisor to canvass a current Civil Service list of qualified candidates for the part-time position of Supervisor of Buildings and Grounds on March 8, 2010; and WHEREAS, the Town Board interviewed candidates for the part-time position of Supervisor of Buildings and Grounds on April 26, 2010; and WHEREAS, the Town Board hereby appoints Steven E. Frazier for the part-time position of Supervisor of Buildings and Grounds, with salary to be paid from Budget Line A7110.100 in the annual amount of $15,000.00. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set Town of Wappinger Page 5 �Urcrfacu Town Board Meeting Minutes May 10, 2010 forth and adopted herein. 2. The Town Board hereby appoints Steven E. Frazier to the part-time position of Supervisor of Buildings and Grounds, with salary to be paid from Budget Line A7110.100 in the annual amount of $15,000.00, effective immediately upon adoption. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-187 Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted p Christopher Colsey Voter ❑ ❑ 0 ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder EI ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-188 Resolution Authorizing Amendments to the 2010 Town of Wappinger Budget in Respect to the Storm Damage Debris Removal Process by the Highway Department WHEREAS, the Town of Wappinger Budget for Fiscal Year 2010 was finalized on November 20, 2009; and WHEREAS, the Town of Wappinger Un -audited Fund Balance for fiscal year ending 2009 was $194,570.54 for the Highway (DB) fund; and WHEREAS, on March 10, 2010, the Town Board determined it in the best interests of the Town to forego the budgeted Bulk Pickup and authorized the Highway Superintendent to utilize his staff to collect debris as a result of the recent storm which resulted in a local State of Emergency; and WHEREAS, the Town of Wappinger Budget for Fiscal Year 2010 for Bulk Pickup was $25,000 from budget line B8160.400; and WHEREAS, on April 26, 2010, the Highway Superintendent presented a memo to the Town Board with advice that the B8160.400 funds had been exhausted, and that approximately fifty percent of the storm damage debris had been collected and ground into mulch; and WHEREAS, the Town Board determined it to be in the best interests of the Town to continue the storm debris collection and authorized the Town Supervisor to propose a resolution to amend the budget accordingly; and WHEREAS, the proposed budget amendments do not affect the adopted tax levy for Fiscal Year 2010; and WHEREAS, the proposed budget amendments are as follows: Line Description Budtet Increase Decrease B5031.000 Interfund Transfer (Rev) $0 $50,000 $0 B8160.400 Bulk Pickup/Storm Cleanup $25,000 $50,000 $0 DB0599 Appr. Fund Balance $0 $50,000 $0 DB9901.900 Trans. To Other Funds (Exp) $0 $50,000 $0 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 2010 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 -2010-188 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator EI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 512512010 Town Board Meeting Minutes May 10, 2010 RESOLUTION: 2010-189 Resolution Authorizing the Recruitment of Candidates to Fill Vacancies within the Town of Wappinger WHEREAS, the Town Board appointed Barbara Roberti to the position of Zoning Administrator on April 26, 2010, and effective May 3, 2010; and WHEREAS, a vacancy exists in the position of Planning Board Secretary and Zoning Board of Appeals Clerk, formerly occupied by Barbara Roberti; and WHEREAS, the positions of Planning Board Secretary and Zoning Board of Appeals Clerk are necessary to administratively support the respective boards. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby authorizes the Town Supervisor and Town Clerk to seek letters of interest and resumes for the aforementioned positions through local newspapers, postings by the Town Clerk and postings on the Town website for consideration by the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2010-1$9 0 Adopted Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ❑ ❑ El ❑ El Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-190 Resolution Designating Town of Wappinger Parks and Playgrounds as Tobacco Free Zones WHEREAS, smoking is responsible for the premature deaths of over 440,000 Americans each year from lung cancer, heart disease, respiratory illness, and other diseases; and WHEREAS, secondhand smoke is responsible for over 50,000 deaths amongst non- smokers each year; and WHEREAS, tobacco kills more Americans each year than alcohol, cocaine, crack, heroin, homicide, suicide, accidents, fires and AIDS combined; and WHEREAS, 80% of smokers started before the age of 18, and the average age of initiation is 12 years old; and WHEREAS, an estimated 3,900 young people under the age of 18 try their first cigarette and one-third of these children will die prematurely from tobacco related illnesses; and WHEREAS, to help role model non-smoking behavior to children and youth, and to provide children, youth and their families with a safe, smoke-free environment, the Town of Wappinger Town Board hereby designates all parks and playgrounds as Tobacco Free Zones. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby designates all public parks and playgrounds within the Town of Wappinger as Tobacco Free Zones, effective June 1, 2010. BE IT FURTHER RESOLVED, the Town Board authorizes the posting of signage at all public parks and playgrounds within the Town of Wappinger as Tobacco Free Zones. The foregoing was put to a vote which resulted as follows: VoteRecord - Resolution RES -2010-190 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 May 10, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 5/2512010 Town Board Meeting Minutes May 10, 2010 RESOLUTION: 2010-191 Resolution to Approve Settlement with Getty WHEREAS, traces of by methyl -tertiary butyl -ether (MTBE), tributyl alcohol (TBA) and other contaminants have been found in certain wells in the public water supply serving the United Wappinger Water District; and WHEREAS, the Town Board, by resolution dated February 9, 2004, retained the legal services of the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. (hereinafter "Special Counsel") to commence litigation on behalf of the Town of Wappinger and represent the Town in a class action lawsuit for all damages sustained by the Town as a result of the loss of use of groundwater because of contamination of MTBE, TBA and other contaminates in accordance; and WHEREAS, said litigation was commenced against numerous Defendants in the United States District Court for the Southern District of New York under the caption In re Methyl Tertiary Butyl Ether ("MTBE') Products Liability Litigation, Master File No. 1:00-1898 MDL 1358 (SAS), M21-88 (hereinafter the "Action"); and WHEREAS, after substantial litigation, Special Counsel has negotiated a proposed settlement of the Action against Getty Properties; and WHEREAS, Special Counsel has provided the Town Board and the Attorney to the Town a Settlement Agreement and a Release and Indemnity Agreement (the "Settlement Documents") for their review and consideration, the terms of which are confidential until a final settlement is reached; and WHEREAS, Special Counsel and the Attorney to the Town advise and recommend that the terms of the Settlement Documents are fair and reasonable and should be accepted; and WHEREAS, the Attorney to the Town appeared at a duly called executive session on this date and discussed the Settlement Documents with the Town Board; and WHEREAS, the Town Board determines that it is in the best interest of the residents of of the Town of Wappinger to settle the Action against Getty Properties in accordance with the terms of the Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the actions it has taken in Executive Session this evening and hereby determines that it is in the best interests of the Town to settle with Getty Properties and hereby authorizes the Supervisor, on behalf of the Town of Wappinger, to execute the Settlement Documents as negotiated by Special Counsel, Weitz & Luxenberg, P.C. and Baron & Budd., P.C., a copy of which has been reviewed and approved by the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-191 Yes/Aye No/Nay Abstain Absent B Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder RI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator Z ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-192 Resolution Authorizing the Solicitation of Bids for the Procurement of an Emergency Generator at the Town of Wappinger Highway Department WHEREAS, the Town Board initiated the process of procuring an emergency generator for the Town of Wappinger Highway Garage, as noted through Resolution 2005-164; and WHEREAS, the bids for such procurement were rejected as the appropriate bonding resolutions had yet to be adopted; and WHEREAS, there exists no further documentation to support the continuation of the procurement process; and WHEREAS, a major snow storm struck the southern Dutchess County area on or about Town of Wappinger Page 8 Printed 5/25/2010 Town Board Meeting Minutes May 10, 2010 February 25, 2010, causing the Town of Wappinger Highway Department to be without power for multiple days; and WHEREAS, after due deliberation, the Town Board has determined that it is the best interests of the function of the Highway Department and in the general interest of the residents of Wappinger to ensure services by authorizing the solicitation of bids for the procurement of an emergency generator system at the Town of Wappinger Highway Department. 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 Supervisor Christopher J. Colsey and Highway Superintendent Graham Foster to solicit bids for procurement of an emergency generator system at the Town of Wappinger Highway Department in accordance with Chapter 46: Procurement Policy of the Town Code, under the advice and review of the Town Attorney and Town Engineer. The foregoing was put to a vote which resulted as follows: ✓'Vote Record - Resolution RES -2010-192 0 Adopted - Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ 13 Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-193 Resolution Creating Escrow Account for Proposed Maloney Road Water District WHEREAS, John Lawrence, the owner of the shopping center known as New Hackensack Plaza, has requested that the Town Board explore the possibility of creating a Water District which would provide potable water to various properties in the vicinity of Maloney Road and Route 376; and WHEREAS, the Town Board has authorized the Town professionals, Engineer to the Town and Attorney to the Town, to conduct preliminary studies and investigations to determine the viability of creating such a Water District. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that an escrow account in the amount of $10,000.00 shall be posted by John Lawrence to defray the professional fees of the Town's consultants, who are charged with the responsibility of determining the feasibility and viability of creating a Water District in the general vicinity of Maloney Road and Route 376 and forwarding their recommendation to the Town Board. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-193 0 Adopted - Yes/Aye _ No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ 0 ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 9 Printed 5/25/2010 Town Board Meeting Minutes May 10, 2010 RESOLUTION: 2010-194 Resolution Requesting Special Legislation to Authorize Formation of an Article 12 Sewer District WHEREAS, by Resolution 2009-240, adopted on July 13, 2009, the Town Board requested special legislation to authorize the creation of a Sewer District out of several Sewer Improvement Areas previously formed; and WHEREAS, the primary purpose of the special legislation is to create a Sewer District out of the several Improvement Areas that are hydraulically connected to the Tri -Municipal Sewer Plant in the Town of Poughkeepsie; and WHEREAS, the Tri -Municipal Sewer Commission has advised the Town that it would be undertaking various capital improvements to the Tri -Municipal Sewer Plant and that the Town would be responsible to contribute its pro rata share of the cost of such improvements; and WHEREAS, in 1991, the Town caused the formation of the Wappinger Sewer Transmission Treatment Improvement Area Phase 1 and Phase 2 (WST/TIA 1 & 2) pursuant to Article 12-c of the Town Law; and WHEREAS, Phase 1 of WST/TIA was the area previously served by the Central Wappinger Sewer Improvement Area No. 1 (Sewer 1); and WHEREAS, Phase 2 was the area previously served by the Rockingham Farms Sewer District (Rockingham), which was dissolved in 1972; and WHEREAS, the Town caused the formation of WST/TIA Phase 3A in 1999; and WHEREAS, Phases 1, 2 and 3A are all hydraulically interconnected to the Tri - Municipal Sewer Plant in the Town of Poughkeepsie; and WHEREAS, WST/TIA Phases 1, 2 and 3A were all formed pursuant to Article 12-c of the Town Law; and WHEREAS, to fund the capital projects at the Tri -Municipal Sewer Plant, a new Article 12-c Improvement Area will have to be formed to issue the serial bonds necessary to pay for the costs of the improvements; and WHEREAS, the Town Board has determined that it would be more cost efficient to convert the Phases 1, 2 and 3A Improvement Areas, and any associated tenants, into an Article 12 Sewer District. 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 has previously caused the formation of WST/TIA Phases 1, 2 and 3A which provides sewer services to the various parcels located within the defined jurisdictional limits of WST/TIA 1, 2 and 3A. 3. The Town Board of the Town of Wappinger hereby requests that Special Legislation be introduced for adoption by the New York State Legislature, through its elected representatives, the Hon. Stephen M. Saland, Senator, and the Hon. Joel Miller, Assemblyman, to consolidate the above mentioned Sewer Improvement Areas (including any tenants thereto) into one Sewer District with all the powers applicable to Sewer Districts as set forth in New York State Town Law Article 12. 4. The Town Board further authorizes and directs Supervisor Christopher J. Colsey, Engineer to the Town, Robert J. Gray, Attorney to the Town, Albert P. Roberts, Bond Counsel to the Town, Douglas Goodfriend and Sewer Coordinator, Michael Tremper to take whatever steps are necessary to implement this Resolution including the drafting of proposed legislation for introduction and adoption by the New York State Legislature and to provide such other information and back up and/or source materials as may be necessary to have the legislation adopted by the New York State Legislature. 5. Once drafted, the legislation will be re -submitted to the Town Board for final approval and authorization prior to submission to the Legislature for adoption. 6. The Town Clerk is directed to send a certified copy of this Resolution to the Hon. Stephen M. Saland, Senator, and Hon. Joel Miller, Assemblyman, as soon as practicable after the adoption of this Resolution. 7. This Resolution supersedes any inconsistent provisions of Resolution 2009-240, adopted on July 13, 2009. Town of Wappinger Page 10 t nntea .)1zxzuj v Town Board Meeting Minutes May 10, 2010 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2010-194 0 Adopted Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator El ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Voter 0 ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ 11 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-195 Resolution Adopting Local Law No. 1 of the Year 2010, Creating Chapter 5 of the Town Code Entitled, "Attendance and Training Standards of Appointed Boards" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing proposed Local Law No. of the Year 2010, Creating Chapter 5 of the Town Code entitled, "Attendance and Training Standards of Appointed Boards"; and WHEREAS, the Public Hearing was duly advertised in the Poughkeepsie Journal and the Southern Dutchess News, the official newspaper of the Town; and WHEREAS, the Public Hearing was held on May 10th, 2010, 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 Local Law No. 1 of the Year 2010, Creating Chapter 5 of the Town Code entitled, "Attendance and Training Standards of Appointed Boards", 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 and to 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. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010=195 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ 0 El ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 11 Printed 5/25/2010 LOCAL LAW NO.1 OF THE YEAR 2010 A Local Law entitled Local Law No. 1 of the Year 2010,Crreattig"Chapter 5 of the Town Code entitled, "Attendance and Training Standards for Appointed Boards. 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. 1 of 2010, Creating Chapter 5 of the Town Code entitled, Attendance and Training Standards for Appointed Boards." The adoption of this Local Law establishes and creates Chapter 5 "Attendance and Training Standards for Appointed Boards" of the Code of the Town of Wappinger. Section -II: Creation of Chapter 5: "ATTENDANCE AND TRAINING STANDARDS FOR APPOINTED BOARDS." Chapter 5 of the Town Code of the Town of Wappinger is hereby adopted to read as follows: "CHAPTER 5 § 5-1. Legislative Intent and Purpose. A. Pursuant to the authority granted by Section 10(1)(ii)(a)(12) and Section 10(1)(ii)(d)(3), Section 267 and Section 271 of the Town Law and Section 239-x of the General Municipal Law and other applicable provisions of law now or hereinafter enacted, to supersede and/or expand upon the applicable provisions of the aforementioned sections of Town Law and General Municipal Law and any other applicable or successor law, the Town Board is authorized to set appropriate regulations for appointed Boards in the Town. The Town Board has determined it is proper to impose minimurn training and attendance standards for appointed members of the Town of. Wappinger Zoning Board of Appeals, Planning Board, Conservation Advisory Council and Recreation Committee and such other Committees, Councils or Boards as may be duly formed by the Town Board of the Town of Wappinger from time to time hereafter (hereinafter the "Boards"). The Town Board recognizes that New York State Law requires that all municipal bodies conduct business by resolution or motion duly adopted by a majority of the whole number of such Boards. Accordingly, regular attendance by members who are appointed to such Boards is essential to fulfill the statutory duties, function and orderly processing of applications and matters before such Boards. Failure to have a quorum present for the conduct of business before such Boards may result in unnecessary expense and hardship to applicants, residents or interested parties who appear before such Boards and may expose the Town to potential legal liability and expense, especially for those applications which are time sensitive or which may have state -mandated time requirements. B. New York State Town Law and New York State General Municipal Law authorize the removal for cause of members of the Zoning Board of Appeals, Planning Board or Conservation Advisory Council following a public hearing pursuant to a local law or ordinance adopted by the Town Board. Persistent, unexcused absenteeism by such members could prevent the Boards from properly conducting vital business. C. The purpose of this Local Law is to require minimum standards of attendance and training by persons who are appointed to such Boards and. to adopt a policy for their removal in the event they fail to comply with the established minimum standards of attendance and training. § 5-2. Definition. The term "Board" shall mean the Zoning Board of Appeals, Planning Board, Conservation Advisory Council, Recreation Committee, and such other Boards, Councils or Committees as may be duly formed or created by the Town Board. § 5-3. Attendance Required. A. The Town Board hereby determines that any duly -appointed member of a Board created by the Town Board is expected to attend all duly -called regular and special meetings of such Board, unless such Board Member has been granted an excused absence by the Town Board as hereinafter authorized. B. The Town Board hereby determines that it shall be cause for removal from any such Board if any Board Member has attended fewer than 80% of all duly -called regular and special meetings within any consecutive twelve (12) month period, or if such Board Member is absent from five (5) consecutive duly -called regular or special meetings, unless his or her absence at such meetings has been excused by the Town Board as hereinafter provided. C. Only absences occurring on and after the effective date of this Local Law shall be counted as cause for removal § 5-4. Training Required for Members of Zoning Board of Appeals and Planning Board. Each member of the Planning Board and Zoning Board of Appeals shall complete, at a minimum, four (4) hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four (4) years in any one year may be carried over by the member to succeeding years in order to meet the requirements established herein. Such training shall be approved by the Town Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, state wide municipal association, college or other similar entity. Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning and traditional classroom training. To be eligible for reappointment to such Board, such member shall complete the training promoted by the Town pursuant to 2 ed by y be, waived or this subdivision. The training required by the Town a the Town Board, oidt f the best resolution of the Town Board when, in the judgment interest of the Town to do so. No decision of the planning Board or Zoning thereof to Board shall be voided or declared invalid because of a failure of any member y with this section. § 5-5. Cause for Removal. A. The Town Board hereby determines that members of such Boards may be subject to removal for cause by a majority vote of the Town Board, B. Cause shall be deemed to include, but not be. limited to, excessive absenteeism, excessive tardiness, inefficiency, neglect of duties or malfeasance in this office, or failure to attend yearly minimum training. For the purposes of this Chapter, excessive absenteeism shall mean a failure to attend at least 80% of all duly -called regular or special meetings within any consecutive twelve (12) month perember has been excused for ttendane bod, or five (5) consecutive duly -called y the lar or . special meetings, unless such Board Mem Town Board. C. Every Board Member sought to be removed from office shall receive written notice of d shall be entitled to a public hearing within e reasons or grounds for his or her removal an twenty (20) days of service of such notice. § 5-6. Excused Absences. A. Any Board Member who has been or will be absent from his or her respective Board may request that the Town Board excuse such absence for just cause, which just cause shall include, but not be limited to, job or business assignment, military assignment, jury duty, illness, medical reason, hospitalization or the death of an immediate family member or domestic partner, or for such other circumstances as may be deemed reasonable and appropriate by the Town Board. B. In the event such absence is excused by the Town Board, such absence shall not be used as a cause for removal. C. The Town Board is also authorized to grant approved leaves of absence for any cause deemed reasonable and appropriate by the Town Board. Any approved leave of absence shall not be deemed an absence for calculating mandatory minimum attendance requirements." Section -III: 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 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 3 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 -IV: 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 -V: Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. 4 Town Board Meeting Minutes May 10, 2010 XI. New Business Councilman Beale New Business Councilman Beale first reintroduced the topic of waiving the rent for the Sports Museum. He explained that there is no date set where the Museum would be allowed to reopen. There were similar situations in 2007 and 2008 in which the rent was waived by the Town Board. Councilman Beale asked for consensus from the Board to waive the rent. Councilman Bettina asked for the Town Attorney's opinion. Mr. Roberts noted that the Sports Museum has their items in the building at Carnwath, but they can't utilize it. Under normal circumstances, they would be entitled to some abatement. The other question pertains to the fair market price for rental space. Councilman Paoloni stated that the market price was supposed to be revisited. Discussion followed. Mr. Roberts noted that it is up to the discretion of the Board on whether or not to waive the rent. Under normal circumstances, because the Sports Museum can't fully occupy the property and use it as a museum, the rent issue should be revisited. However, the museum still has the ability to store their items at the museum. Councilman Paoloni again noted that the rent is well below market value. Supervisor Colsey added that the expenses do not meet the revenue. Councilman Beale noted that the question for the evening is not the fair market value, but whether the rental fees should be waived. He feels that this is similar to the situations in the past where the rent was waived. Councilman Paoloni replied that the Board is under no obligation to act as they have in the past, under whatever agreement that they were acting under. He went on to say that it is their due responsibility to match revenues to expenses, and to not be negligent in the fact that they are undercharging compared to what the expenses are. Supervisor Colsey added that the expenses to maintain the building are roughly $50,000. Discussion followed. Joseph Ruggiero, former Supervisor, noted that the Sports Museum was supposed to be an element of Carnwath. It was not meant to carry the full weight of Carnwath. There was a long term plan for the property that has been ignored. The Town was negotiating with caterers that were going to renovate the chapel. There were multiple things that were supposed to be going with the various buildings. To say that the expenses of Carnwath are solely the museum's is unfair. Councilman Beale agreed that the spirit of bringing the Museum in was never to subsidize the operation of Carnwath. Discussion followed. Councilman Beale made a motion to waive the monthly rental expense for the Dutchess County Sports Museum at Carnwath for the months that they have had no public access. Councilman Paoloni asked if this needed unanimous consent to be added. Discussion about whether this could be added followed. Supervisor Colsey made a motion to add the item to the Agenda. The motion was seconded by Councilman Beale and passed unanimously. The original motion was restated and Seconded by Councilman Bettina. Councilman Paoloni asked if the Board would be receiving any validation to say that the Museum is growing or that it is an asset to the Town. He also asked if this arrangement is going to be allowed to continue. By allowing this Museum to be in there, without a long term plan that is not developing, it is stopping the Town from pursuing other ventures, such as senior housing. The Board then discussed the costs to demolish the buildings at Carnwath. Councilman Beale asked if the Board was now considering demolishing the only building on the property that has any structural integrity. Councilwoman Czarniecki brought the discussion back to the vote on waiving the rent. Discussion followed. Councilman Bettina noted that, in the real estate world, when you can't access and use the facility, you don't pay. Supervisor Colsey noted that the topic of precedence has come up. He went on to say that not all precedent is good. Councilman Paoloni stated that issue is extremely low subsidized rent. He feels that it is insulting and a slap in the face for someone that has been enjoying subsidized rent to come in looking for nickels and dimes. Supervisor Colsey called the vote. The motion was defeated with Councilman Beale and Councilman Bettina as the only Board Members to vote "Aye". Councilman Paoloni and Supervisor Colsey voted "Nay" and Councilwoman Czarniecki abstained. Mr. Ruggiero asked if the Town is in violation of a certificate of occupancy for the Museum building at this point. He feels that this government has to do something to get that campus back up. He noted that the Town is sitting on a $2 Million bond and it does not make sense to not do something. Supervisor Colsey noted that the money from insurance has come in. That money was originally going to be spent on the Highway Superintendent, Graham Foster, to do the ditch for the electric. Mr. Foster is unable to do that work due to the brush pick-up. Mr. Foster mentioned that the Board had previously adopted a list of rental rates. They could hire a backhoe operator off of that list or they could go to the County rental rates and hire a backhoe, with an operator, paying prevailing wage rates. Discussion followed. Councilman Beale then asked if the information that the Town is posting on Cablevision's Channel 22 could be updated. Town of Wappinger Page 12 Printed J/dJ/d U1 U Town Board Meeting Minutes May 10, 2010 Councilman Beale noted that the Town did not receive a FEMA number because the State did not recognize the Town of Wappinger as having had a State of Emergency. Supervisor Colsey clarified that the Wappinger State of Emergency information was submitted to the Secretary of State and the County Clerk. For whatver reason, the State chose not to recognize it. Councilman Beale then asked what the process was for getting a school bus stop sign on a County Road. Mr. Foster noted that the County would handle that. Councilman Bettina recommended contacting the County Legislator that represents that area. Discussion followed. Councilman Beale noted that Gary Trudell has been proactive about letting the Town Board know about events coming up at Carnwath. Councilman Beale has no objections to the events that are scheduled. He did ask that, for insurance purposes, they go through the Recreation Department process when organizing events. Motion To: add motion to Agenda to waive Sports Museum rent RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Colsey, Supervisor SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Motion To: waive the monthly rental expense for the Dutchess County Sports Museum at Carnwath for the months that they have had no public access RESULT: DEFEATED [2 TO 21 MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: William Beale, Vincent Bettina NAYS; Christopher Colsey, Joseph Paoloni ABSTAIN: Ismay Czarniecki Councilman Bettina New Business Councilman Bettina thanked the Members of the Town Board, Planning Board and Zoning Board of Appeals, the Village Mayor and Trustees, the Town professionals and the members of the community for their condolences. Councilman Bettina then noted that there is a Recycle Center issue in the First Ward. There is a person requesting to use the Recycle Center to dispose of items from his deceased parent's house. Councilman Bettina feels that this person should be permitted. Highway Superintendent, Graham Foster, noted that there are non-residents that try to use the Recycle Center to clean out an entire house when the house becomes vacant due to the death of a relative. There is another person, a resident of Westchester, whom would like to use the Recycle Center to renovate a rental property that he owns in the Village. Councilman Bettina stated that he knows the family with the property on Cameli. He feels that this is a unique situation and he has no objection to approving the request. Councilman Paoloni feels that there is a difference between dumping debris and filling two or three dumpsters as part of house renovation. That would be using the Town to subsidize someone's personal needs. Those residents are trying to save money at the expense of the Town. Councilwoman Czarniecki noted that the Recycle Center provides an easy way to dispose of items that people should be paying for. Discussion followed. Supervisor Colsey recommended allowing the Highway Superintendent to make judgment calls at the Recycle Center. Councilman Beale commented that the Town Board needs to have oversight on this. There needs to be an appeal process. Mr. Foster explained that this debate taking place is the appeal process. The Board directed Mr. Foster to gather information and make decisions pertaining to the Recycle Center. Councilman Bettina asked for an update on the installation of the boat ramp in Chelsea. Supervisor Colsey noted that the boat ramp was repaired and will be in the water at 7:00 AM tomorrow morning. Councilman Paoloni New Business Councilman Paoloni asked if the Town has a union. He asked if the talks of a union could preempt discussion about salaries. Al Roberts, Town Attorney, replied that it is his understanding that there has been a union designated as a bargaining representative for Town Hall employees. Councilman Paoloni asked if it was then correct to say that there is a freeze on salary discussions. Supervisor Colsey added that he has a letter from the personnel/labor attorney stating that the Board should not be addressing salary issues. Graham Foster, Town Town of Wappinger Page 13 Printed 5/25/2010 1 Tnwn Rnard Meetine XII. Minutes May 10, 2010 Highway Superintendent, noted that there was a labor counsel meeting scheduled for tomorrow morning. They can ask the attorney the question tomorrow. Supervisor Colsey New Business Supervisor Colsey gave an update on the house at 1 Wildwood Drive. Central Hudson will be disconnecting the power on Tuesday, May 18th. CAMO will also be out there to disconnect the utilities. The owners will be deconstructing and moving the house. Town Board Review of Vouchers RESOLUTION: 2010-196 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: 201OW Vendor A (Townwide) B (PartTown) DB (Highway) CBG (Community Development Block Grant CAMO Pollution $25.00 CAMO Pollution $25.00 CAMO Pollution Central Hudson $1,804.37 Central Hudson $473.45 Central Hudson $60.08 Central Hudson $1,080.50 FedEx $138.73 Poughkeepsie Journal $64.46 Southern Dtc News $60.64 Wapp Little League $10,000.00 James Baisley $1,000.00 West Payment Center $138.00 West Payment Center $504.00 Depository Trust $262.00 First Unum Life $253.25 $70.91 $151.95 P Maupin Rec Taxes $532.34 Global Translation $140.00 Global Translation $140.00 Superior Signs $570.00 Staples $97.29 Staples $73.28 Staples $7.82 Christopher Colsey $36.80 $147.20 Wells Fargo Financial $324.90 Community Energy WB Mason $102.99 WB Mason $19.99 R Costa Electric $369.20 R Costa Electric $624.30 Malcolm Pirnie Wilson Oil $214.63 $4,363.20 Wilson Oil $242.63 Hannafords $25.00 Paetec $1,010.76 Theresa Briccetti $49.86 Totals $20,296.31 $343.21 $4,515.15 $49.86 2010 Adopted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal Cumm. Fund balance/(deficit) Unrestricted Town of Wappinger $3,483,404.00 $1,257,395.69 $11,654.99 $2,226,008.31 63.90% $1,303,147.00 $387,720.53 $58,800.00 $915,426.47 70.25% $ 475,193.66 $ (292,651.64) Page 14 $2,503,172.00 N/A $1,071,664.48 $49.86 $10,323.15 N/A $1,431,507.52 N/A 57.19% N/A $1,152,779.65 N/A Printea .)/-Ixwt v Town Board Meeting Minutes Vendor HN (WW1 - 992R Project LC (Cameli Light) LD (Chelsea Light) CAMO Pollution $25,953.79 $242.32 $2,756.75 CAMO Pollution N/A $0.00 $0.00 CAMO Pollution $24,768.61 $532.68 $6,868.25 Central Hudson N/A 68.73% 71.36% Central Hudson $616,495.13 $ $ Central Hudson 1,310.13 8,993.01 Central Hudson Southern Dtc News FedEx Wapp Little League Poughkeepsie Journal West Payment Center Southern Dtc News West Payment Center Wapp Little League Depository Trust James Baisley P Maupin Rec Taxes West Payment Center West Payment Center Depository Trust First Unum Life P Maupin Rec Taxes Global Translation Global Translation Superior Signs Staples Staples Staples Christopher Colsey Wells Fargo Financial Community Energy $1.71 $42.45 WB Mason WB Mason R Costa Electric R Costa Electric Malcolm Pirnie Wilson Oil Wilson Oil Hannafords Paetec Theresa Briccetti Totals $24,768.61 $1.71 $42.45 2010 Adopted Budget N/A $775.00 $9,625.00 YTD Actual Expended $25,953.79 $242.32 $2,756.75 YTD Encumbered N/A $0.00 $0.00 YTD available budget balance N/A $532.68 $6,868.25 YTD available budget bal % N/A 68.73% 71.36% Cumm. Fund balance/(deficit) $616,495.13 $ $ Unrestricted 1,310.13 8,993.01 Vendor LH (Hughsonville Light) T92 CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson FedEx Poughkeepsie Journal Southern Dtc News Wapp Little League James Baisley West Payment Center West Payment Center Depository Trust First Unum Life P Maupin Rec Taxes May 10, 2010 Town of Wappinger Page 15 Printed 5125/2010 Town Board Meeting Minutes May 10, 2010 Global Translation Global Translation Superior Signs Staples Staples Staples Christopher Colsey Wells Fargo Financial Community Energy $125.62 WB Mason WB Mason R Costa Electric R Costa Electric Malcolm Pirnie $2,582.50 Wilson Oil Wilson Oil Hannafords Paetec Theresa Briccetti Totals $125.62 $2,582.50 2010 Adopted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) Unrestricted As of 4/30/2010 $33,980.00 $7,940.15 $0.00 $26,039.85 76.63% $ 33, 349.52 N/A N/A N/A N/A N/A N/A I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of May 10, 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 -2010-196 A (Townwide) B (PartTown) DB (Highway) HFT (Underground Fuel Tanks 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 Ismay Czamiecki Voter El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-197 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: 201OX Vendor A (Townwide) B (PartTown) DB (Highway) HFT (Underground Fuel Tanks Camo Pollution Camo Pollution Central Hudson $2,581.44 Central Hudson $30.04 Plats Locksmith $576.00 Orkin $128.47 Bottini $4,340.51 Pine Bush Equip $945.79 Town of Wappinger Page 16 rranrea .)iaxwl u Town Board Meeting Minutes May 10, 2010 2010 Adopted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) Unreserved As of 5/5/2010 $3,483,404.00 Carquest $1,273,369.17 $3.82 $535.04 $58,800.00 $2,210,034.83 $876,766.38 Hyatt's Garage Camo Pollution $150.00 Petty Cash -Manning $4.00 $142.27 $76.54 Central Hudson Petty Cash -Manning Plats Locksmith Amthor Welding Orkin $104.50 Bottini Williams Lumber $198.24 Pine Bush Equip Emblem Health $10,016.89 $457.09 Grainger $135.46 Petty Cash -Manning Telvent DTN $537.00 Wells Fargo Financial $325.59 Williams Lumber Aflac Emblem Health George Kolb $105.00 Snap On Tools Gellert & Klein $1,909.50 $173.22 i Gellert & Klein Aflac Gellert & Klein George Kolb Snap On Tools Gellert & Klein $99.00 $781.35 Gellert & Klein C & C Hydraulics Gellert & Klein $326.51 WB Mason Gellert & Klein Duality $2,422.50 C & C Hydraulics R Costa $240.00 Duality Rancourt & Sons $28,000.00 R Costa Morris Associates $1,932.75 $5,984.60 Morris Associates Morris Associates $7.60 $4,439.05 $2,205.20 Morris Associates Morris Associates Wilson Oil 1 $3,342.95 Totals $15,973.48 $39,972.67 1 $15,030.03 $2,205.20 2010 Adopted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) Unreserved As of 5/5/2010 $3,483,404.00 $1,303,147.00 $1,273,369.17 $426,380.62 $12,979.99 $58,800.00 $2,210,034.83 $876,766.38 63.44% 67.28% $ 468,994.12 $(256,970.73) Deficit $2,503,172.00 $1,087,475.86 $10,323.15 $1,415,696.14 56.56% $1,136,968.27 N/A $5,270.49 $0.00 N/A N/A $ 54,592.00 Vendor HG (Carnwath Restoration) HGC (Hwy Garage Reconstruction) HN (99-2111 Water Im rovmnt LC (Cameli Light) Camo Pollution Camo Pollution Central Hudson $76.54 Central Hudson Plats Locksmith Orkin Bottini Pine Bush Equip Carquest Hyatt's Garage Petty Cash -Manning Petty Cash -Manning Amthor Welding Williams Lumber Emblem Health Grainger Telvent DTN Wells Fargo Financial Aflac George Kolb Snap On Tools Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein C & C Hydraulics WB Mason Duality R Costa Rancourt & Sons Town of Wappinger Page 17 Printed 5125/2010 Town Board Meeting Minutes May 10, 2010 Morris Associates $302.40 Morris Associates Morris Associates $2,959.70 $1,635.00 Morris Associates Morris Associates Wilson Oil Totals $302.40 $2,959.70 $1,635.00 $76.54 2010 Adopted Budget NIA NIA NIA $775.00 YTD Actual Expended $7,807.90 $70,924.25 $27,588.79 $318.86 YTD Encumbered $0.00 $0.00 $0.00 $0.00 YTD available budget balance NIA N/A NIA $456.14 YTD available budget bal % N/A N/A N/A 58.86% Cumm. Fund balance/(deficit) $ 28,207.13 $ 131,028.24 As of 5/5/2010 $ Unreserved Deficit $614,860.13 1,233.59 Vendor LD (Chelsea Light) LH (Hughsonville Light) SF (Fleetwood Sewer) SI (Sewer Improv Area 1 Camo Pollution $10,304.10 $40,436.74 $7,958.33 $24,541.67 Camo Pollution $0.00 YTD available budget $6,043.37 $23,675.90 Central Hudson $824.88 $2,363.95 69.68% 59.20% Central Hudson $ $ 30,985.57 $(5,661.81) Unreserved Plats Locksmith As of 5/5/2010 Orkin Deficit Bottini Pine Bush Equip Carquest Hyatt's Garage Petty Cash -Manning Petty Cash -Manning Amthor Welding Williams Lumber Emblem Health Grainger Telvent DTN Wells Fargo Financial Aflac George Kolb Snap On Tools Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein C & C Hydraulics WB Mason Duality R Costa Rancourt & Sons Morris Associates Morris Associates Morris Associates $2,484.67 Morris Associates Morris Associates Wilson Oil Totals $824.88 1 $2,363.95 $7,958.33 $27,026.34 2010 Adopted Budget $9,625.00 $33,980.00 $99,100.00 YTD Actual Expended $3,581.63 $10,304.10 $40,436.74 YTD Encumbered $0.00 $0.00 $0.00 YTD available budget $6,043.37 $23,675.90 $58,663.26 balance YTD available budget bal % 62.79% 69.68% 59.20% Cumm. Fund balance/(deficit) $ $ 30,985.57 $(5,661.81) Unreserved 8,168.13 As of 5/5/2010 Deficit $639,509.00 $203,448.05 $0.00 $436,060.95 68.19% 63,784.46 Vendor SM SR SV SW T16 (Mid Point (Rockingham (Phase 3A (Wildwood (Aflac) Park Sewer) Sewer Sewer Town of Wappinger Page 18 Printed 512512010 Town Board Meeting Minutes May 10, 2010 2010 Adopted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) Unreserved As of 5/5/2010 $116,200.00 $420,816.00 $49,554.81 $155,970.49 $0.00 $0.00 $66,645.19 $264,845.51 57.35% 62.94% $1,275,278.00 $161,100.00 N/A $814,109.93 $65,851.03 N/A $0.00 $0.00 N/A $461,168.07 $95,248.97 N/A 36.16% 59.12% N/A $ $ (89,126.56) $ 584,626.15 $ N/A (20,640.27) (21,063.31) Deficit Deficit Deficit Vendor T33 T92 T96 (Parkland (Planning/Building (Road Trust) Escrows) Inspections) Camo Pollution Camo Pollution Central Hudson Central Hudson Plats Locksmith Orkin Bottini Pine Bush Equip Carquest Hyatt's Garage Petty Cash -Manning Petty Cash -Manning Amthor Welding Williams Lumber Emblem Health Grainger Telvent DTN Wells Fargo Financial Aflac George Kolb Snap On Tools 1$500.00 Town of Wappinger Page 19 Printed 512512010 1 Sewer Camo Pollution $9,500.00 $16,166.67 $14,125.00 $13,050.00 Camo Pollution Central Hudson Central Hudson Plats Locksmith Orkin Bottini Pine Bush Equip Carquest Hyatt's Garage Petty Cash -Manning Petty Cash -Manning Amthor Welding Williams Lumber Emblem Health Grainger Telvent DTN Wells Fargo Financial Aflac $417.70 George Kolb Snap On Tools Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein C & C Hydraulics WB Mason Duality R Costa Rancourt & Sons Morris Associates Morris Associates Morris Associates $2,484.67 $2,484.66 Morris Associates Morris Associates Wilson Oil Totals $9,500.00 $18,651.34 $16,609.66 $13,050.00 $417.70 2010 Adopted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) Unreserved As of 5/5/2010 $116,200.00 $420,816.00 $49,554.81 $155,970.49 $0.00 $0.00 $66,645.19 $264,845.51 57.35% 62.94% $1,275,278.00 $161,100.00 N/A $814,109.93 $65,851.03 N/A $0.00 $0.00 N/A $461,168.07 $95,248.97 N/A 36.16% 59.12% N/A $ $ (89,126.56) $ 584,626.15 $ N/A (20,640.27) (21,063.31) Deficit Deficit Deficit Vendor T33 T92 T96 (Parkland (Planning/Building (Road Trust) Escrows) Inspections) Camo Pollution Camo Pollution Central Hudson Central Hudson Plats Locksmith Orkin Bottini Pine Bush Equip Carquest Hyatt's Garage Petty Cash -Manning Petty Cash -Manning Amthor Welding Williams Lumber Emblem Health Grainger Telvent DTN Wells Fargo Financial Aflac George Kolb Snap On Tools 1$500.00 Town of Wappinger Page 19 Printed 512512010 1 Town Board Meeting Minutes May 10, 2010 Gellert & Klein NIA NIA $13,731.05 Gellert & Klein NIA $1,423.38 NIA Gellert & Klein NIA $247.50 NIA Gellert & Klein NIA NIA Central Hudson C & C Hydraulics NIA $545,737.10 $1,015,213.20 WB Mason 74.07% 70.60% 59.65% Duality Plats Locksmith Page 20 R Costa Printed 5/25/2010 Orkin Rancourt & Sons Bottini Morris Associates $3,000.55 $6,185.60 $67.00 Morris Associates $134.00 Morris Associates Carquest $3,541.40 Morris Associates $134.00 Morris Associates $1,454.40 $1,685.80 Petty Cash -Manning Wilson Oil Totals $4,954.95 $13,351.68 $67.00 2010 Adopted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Cumm. Fund balance/(deficit) Unreserved NIA NIA NIA $13,731.05 NIA NIA $0.00 NIA NIA NIA NIA NIA N/A NIA NIA Central Hudson NIA NIA $545,737.10 $1,015,213.20 Central Hudson Vendor WF (Fleetwood Water) WH (Watch Hill Water) WT (Tall Trees Water WU (Wapp Unitd Water Camo Pollution $25,441.79 $10,378.89 $15,369.52 $564,708.80 Camo Pollution $2,200.00 $1,516.67 $2,875.00 $65,840.42 Central Hudson $72,666.21 $24,921.11 $22,718.48 $1,015,213.20 Central Hudson 74.07% 70.60% 59.65% 64.26% Plats Locksmith Page 20 Printed 5/25/2010 Orkin Bottini Pine Bush Equip Carquest Hyatt's Garage Petty Cash -Manning Petty Cash -Manning Amthor Welding Williams Lumber Emblem Health Grainger Telvent DTN Wells Fargo Financial Aflac George Kolb Snap On Tools Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein C & C Hydraulics $41.94 WB Mason Duality R Costa Rancourt & Sons $574.44 Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Wilson Oil Totals $2,200.00 I $1,516.67 $2,875.00 1 $66,456.80 2010 Adopted Budget $98,108.00 $35,300.00 $38,088.00 $1,579,922.00 YTD Actual Expended $25,441.79 $10,378.89 $15,369.52 $564,708.80 YTD Encumbered $0.00 $0.00 $0.00 $692.16 YTD available budget balance $72,666.21 $24,921.11 $22,718.48 $1,015,213.20 YTD available budget bal % 74.07% 70.60% 59.65% 64.26% Town of Wappinger Page 20 Printed 5/25/2010 Town Board Meeting Cumm. Fund balance/(deficit) Unreserved As of 5/5/2010 Minutes May 10, 2010 $31,114.09 $30,191.11 $(2,718.39) $1,575,891.18 Deficit I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of May 10, 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 -2010-197 ® Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter a ❑ ❑ ❑ ❑ Defeated William Beale Initiator IZ ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 10 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter a ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York May 10, 2010 The Resolution is hereby duly declared adopted. XIII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni The meeting adjourned at 10:14 PM. /10' i Bohn C. Masterson Town Clerk i own of wappenger Page 21 Printed 5/25/2010 1�