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2010-08-09 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Town Board Meeting Chris Masterson Agenda -5771 Town Hall 6:00 PM Monday, August 9, 2010 6:00 PM Meeting called to order on August 9, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I, Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Minutes Approval Monday, July 26, 2010 V. Correspondence Log 2010-247. Resolution Authorizing the Acceptance of the Correspondence Log VI. Executive Session A. Planning Board & ZBA Secretary B. PETNY - Colsey C. Personnel Appointments: Code Enforcement Officers - Colsey D. Hi mew -Valley Road Update - Colsey VII. Public Portion VIII. Public Hearings Local Law No, of the Year 2010, Creating Chapter 201 of the Town Code Entitled, "Smoking and Tobacco Use Prohibited" IX. Resolutions 2010-226. Resolution Appointing a Joint Planning Board Secretary and Zoning Board of Appeals Clerk 2010-235. Resolution Introducing Local Law No. _ of the Year 2010, Amending Section 122-16 of the Town of Wappinger Code 2010-248. Resolution Authorizing the Town Supervisor of the Town of Wappinger to Suspend the Procurement Policy in Respect to Purchase ... Orders Under the Proposed Sum of Five Hundred Dollars for Non - Highway Department Purchases 2010-249. Resolution Authorizing a Change of Employment Status and Authorization to Initiate Employment for Employees within the Parks and Maintenance Department 2010-250. Resolution Authorizing a Public Hearing on the Intended Use of Community Development Block Grant Funds 2010-251. Resolution to Authorize Attorney to Retain Expert Witness and Payment of Disbursements in MJW Litigation 2010-252. Resolution Authorizing Refund of Unused Escrow for Henshaw Subdivision (Account 07-5128) 2010-253. Resolution Appointing Part -Time Assessor's Aid 2010-254. Resolution Awarding Bid for Installation of Emergency Generator at Highway Garage 2010-255. Resolution Authorizing the Supervisor and/or the Attorney to the Town to Enter into a Memorandum of Understanding Tolling the Statute of Limitations in Connection with Potential Litigation Involving PETNY X. Items for Special Consideration XI. New Business XII. Town Board Review of Vouchers 2010-256. Resolution Authorizing Abstract of Claim and Warrant for Payment of r.. Claim Audited by Town Board 2010-257. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-258. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-259. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIII. Adjournment Town of Wappinger Page 1 Printed 8/5/2010 Monday, August 9, 2010 Town of Wappinger Town Board Meeting Minutes 6:00 PM Call to Order Supervisor Christopher Colsey called the meeting to order at 6:02 PM. 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Town Hall Attendee Name Organization Title Status Departed Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Absent Vincent Bettina Town of Wappinger Councilman Absent Ismay Czarniecki Town of Wappinger Councilwoman Present 7:03 PM Joseph Paoloni Town of Wappinger Councilman Absent Bob Gray Town of Wappinger Attorney to the Town Present Al Roberts Town of Wappinger Town Attorney Present Graham Foster Town of Wappinger Highway Superintendent . Present Supervisor Colsey statement on Absence of Board Members Supervisor Colsey noted that Councilman Beale was on his way, Councilman Bettina called in sick and Councilman Paoloni was out of town. 15 Minute Recess Supervisor Colsey announced that, due to the lack of a quorum, he would be calling for a 15 minute quorum. Recess to 6:58 PM Supervisor Colsey called for another recess until 6:58 PM, so that the Public Hearing could be opened and adjourned. Public Hearings Resolution Introducing Local Law No. —of the Year 2010, Creating Chapter 201 of the Town Code Entitled, "Smoking and Tobacco Use Prohibited" Supervisor Colsey opened the Public Hearing at 7:00 PM. Do to the lack of a quorum, this Public Hearing is being adjourned until August 16th, 2010, at 7:00 PM. 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). Supervisor Colsey then adjourned the Public Hearing until August 16th, 2010, at 7:00 PM. RESULT: ADJOURNED [UNANIMOUS] Next: 8/16/2010 7:00 PM AYES: Christopher Colsey ABSENT: William Beale, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni Town of Wappinger Page 1 Printed 8112/2010 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE "LOCAL LAW NO OF THE YEAR 2010, CREATING CHAPTER 201 OF THE TOWN CODE ENTITLED, "SMOKING AND TOBACCO USE PROHIBITED" 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 July 21a1, 2010, your deponent posted a copy of the "Notice of Public Hearing on "Local Law No._ of the Year 2010, Cresting Chapter 201 of the Town Code Entitled, "Smoking and Tobacco Use Prohibited", 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. (jp- tom' �)hn C. Masterson Town Clerk Town of Wappinger Sworn before the 15th day of July, 2010 NOTARY PUBLIC MARK LIEBERMANN Notary Public - State of New York No. 01 L16199007 Qualified in Dutchess County My Commission Expires October 12, 2013 11 W] rs 1 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 #85918 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 07/21/10. Sworn to before me�his 21st day of July, 2010 NANCY RYDUKE Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expi on June 14, 2014 AUL 21.2010 TOWNOFW,- TO wN CCE rNGER u 120P est and'citizens shall"; have an opportunityto; beheardastowhether` ;smoking'and tobacco fuse ='on _ ali Town' owned, T ; : leased;, land/or `°maintainedl, buildings and/orfacil'. Nines, `? public '.parks;' 'public :� playgrounds, and public`recreation; PLEASE TAKE FLIR=i ITHER� NOTICE' 4hat" the MgWn .Board ', haasp 5;(c) (20) the pro-; .d adoption of the ementioned: Lo. :aw is a,Type I 1,,a' = notrequinng'envi vie ronmental review has 'been tjhd6Mk6n PINGER .,r; 1 JOHN w C.' MASTER -1. SON,"TOWN CLERK Poqhkeepm-e 30urnal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION �I State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she 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 for one insertion vely, in each week, commencing on the 21st. of July in the year of 2010 and the following dates thereafter, namely on: And ending on the day of in the year of 2010 , both days inclusive. Sub rib d and sworn to before me this x`07 N day of in the ye of 2010._ *40 Notary P blit ROSE AN Sl M commission expires / '� Z 0 Notary Public, tate of New York No. 01S16215893 Qualified in Dutchess County Commission Expires January 4, 2014 l Town Board Meeting Minutes August 9, 2010 III. Adjournment The meeting adjourned to August 16th, 2010, at 7:04 PM. n GJ John C. Masterson / Town Clerk Town of Wappinger Page 2 Printed 8112/2010