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2010-09-13RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Monday, September 13, 2010 6:00 PM Town Hall 6:00 PM Meeting called to order on September 13, 2010 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Public Portion V. Correspondence Log 2010-286. Resolution Authorizing the Acceptance of the Correspondence Log VI. Discussions A. Independent Audit Presentation- Sedore/Colsey B. Cider Mill Loop Storage Tank - Gray/Colsey C. Comprehensive Plan SEQRA Document - Stolman/Colsey D. ROTC Training at Carnwath Farms on September 16 and September 23 - Beale VII. Public Hearings Public Hearing on the Intended Use of Community Development Block Grant Funds Local Law No. _ of the Year 2010, Amending Section 122-16 of the Town of Wappinger Code Public Hearing in the Matter of the Establishment of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York VIII. Tax Certiorari 2010-268. Resolution Authorizing the Settlement of Tax Certiorari Regarding Victor N. Owen and Jacquelyn Owen 2010-269. Resolution Authorizing the Settlement of Tax Certiorari Regarding Chelsea Farms, LLC 2010-270. Resolution Authorizing the Settlement of Tax Certiorari Regarding Alpine Improvements, LLC, Stop & Shop, Inc., and BJ's Whole Sale Club, Inc. IX. Resolutions 2010-226. Resolution Appointing a Joint Planning Board Secretary and Zoning Board of Appeals Clerk 2010-254. Resolution Appointing Part -Time Assessor's Aid 2010-271. Resolution Authorizing the Town Attorney and Town Engineer to Propose a Draft Agreement and Site Plan Sketch for a Town Memorial 2010-272. Resolution Authorizing the Town of Wappinger to Initiate a Request for Proposals for Various Town Professional Positions for Appointment as Part of the 2011 Budget Preparation and Reorganization Processes 2010-273. Resolution Authorizing the Attorney to the Town of Wappinger to Initiate an Action in the Supreme Court of Dutchess County in Respect to Unsafe Structures at 18 Montfort Road 2010-274. Resolution Authorizing the Attorney to the Town of Wappinger to Enter into Discussion with the Owners of 1592 Route 376 in Respect to Property Dedication 2010-275. Resolution Appointing Part -Time Acting Recreation Director and Authorizing the Town Supervisor to Seek a Civil Service Certification of Eligibles List 2010-276. Resolution Authorizing the Town Supervisor to Contract with NYCOMCO Wireless Communications for the Highway Department 2010-277. Resolution Awarding Bid for Installation of Electrical and Communication Service Replacement Lines at the Carnwath Estate 2010-280. Resolution Authorizing Seasonal Employment within the Parks and Maintenance Department 2010-281. Resolution Declaring Parks and Maintenance Equipment Surplus and Authorizing Its Sale by Public Bid 2010-282. Resolution Authorizing the Use of Robinson Lane for a Softball Charity Tournament Town of Wappinger Page 1 Printed 91912010 Town Board Meeting Agenda September 13, 2010 2010-283. Resolution Creating the Position of Payroll Clerk and Appointing a Payroll Clerk X. Items for Special Consideration XI. New Business XII. Town Board Review of Vouchers 2010-284. Resolution Authorizing Claim and Warrant for Payment of Claim Audited by Town Board 2010-285. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2010-278. Resolution Authorizing Claim and Warrant for Payment of Claim Audited by Town Board 2010-279. Resolution Authorizing Claim and Warrant for Payment of Claim Audited by Town Board XIII. Carnwath Master Plan Workshop XIV. Adjournment Town of Wappinger Page 2 Printed 91912010 Town of Wappinger Town Board Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Monday, September 13, 2010 6:00 PM Town Hall Call to Order Supervisor Christopher Colsey called the meeting to order at 6:02 PM. Attendee Name Organization Title Status Arrived Departed Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present 8:28 PM Vincent Bettina Town of Wappinger Councilman Present Ismay Czamiecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present Bob Gray Town of Wappinger Engineer to the Town Present David Stolman Town of Wappinger Town Planner Present Salute to the Flag III. Recognition Ceremony - Debbie Brown Councilman Beale formally recognized Debbie Brown. Ms. Brown reached her 35th anniversary as a Town employee on August 18th. She has worked as the clerk to the Supervisor, the Water & Sewer clerk and as a data entry operator. IV. V. Adoption of Agenda Changes to the Agenda Supervisor Colsey noted that the discussion item for the independent audit will not be on the Agenda. Also, Resolution 2010-226 will remain tabled. Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czamiecki, Paoloni Public Portion Motion To: open the floor for Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Comments Mary Schmalz was the first resident to speak. She asked where the memorial discussed in Resolution 2010-271 would be located. Councilman Bettina replied that there is a committee for this topic. Councilman Beale added that the proposed location is at Route 9 and Old Hopewell Road. It is currently owned by Wappinger Toyota. He explained the planning and fundraising process up to this point. Councilman Bettina asked if the architectural work can be covered by the Parkland Trust Fund. Al Roberts, Town Attorney, noted that he didn't think Parkland Trust money could be used, but he will look into it. Councilman Paoloni recommended having the memorial at Schlathaus Park, where the other monument is. Councilman Beale feels that this is a unique situation and this particular soldier lived close to the currently proposed site. The next resident to speak was Patrick Ladd. He is with Boy Scout Troop 26 in Wappinger. There is a boy in his troop named Matt Brace. Matt has an Eagle Scout project Town of Wappinger Page 1 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 VI. proposal to do work at Carnwath. Mr. Ladd noted that there is a cutoff date for Matt to have the project done. They would like to know what Matt's access to Carnwath is going to be. If there is no access, Matt will have to find another project to do. Supervisor Colsey explained that there is no access to that park. There is a Resolution on the dais to do some repairs. The Town Board has discussed the issue with the Town Attorney and the Town's insurance carrier. They agree that the Town cannot allow citizens to access the park. At the request of Councilwoman Czamiecki, Mr. Ladd described the work to be done. Councilwoman Czamiecki asked if there is any other location that would be suitable to Matt. Mr. Ladd answered that the current proposal is specific to Carnwath. Councilman Bettina asked if Mr. Ladd and Matt would be able to provide a "hold harmless" agreement. Mr. Roberts noted that such an agreement may not be appropriate for a person less than 18 years of age. Councilman Beale asked when the project was approved and who it was approved by. The project was approved in early February by Gary Trudell and the Recreation Committee. Councilman Beale asked what the time window was. The deadline is based on Matt's birthday, which is in March. Councilman Beale noted that, if the Town can move forward with mitigating the dangerous condition associated with hanging tree limbs, he has no objection to the proposal. Discussion followed. Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czamiecki, Paoloni Correspondence Log RESOLUTION: 2010-286 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 -2010-286 Yes/Aye No/Nay Abstain Absent Rl Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Adoptedfeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Initiator R1 ❑ ❑ ❑ withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. VII. Discussions A. Cider Mill Loop Storage Tank - Gray/Colsey Supervisor Colsey opened the discussion at 6:20 PM. Bob Gray, Engineer to the Town, and Mike Tremper, from CAMO Pollution Control, were present to discuss the issue. Mr. Gray explained that there are 1.6 million gallons of storage in the system. That is made up of an existing 1 million gallon steel storage tank and an existing 600,000 gallon glass fused to steel tank. Supervisor Colsey noted the location of the Cider Mill Loop tank. Mr. Gray went on to describe the problems with the tank and explained that it needs to be repaired or replaced. He also gave a brief history of the Cider Mill Loop tank. He then explained the three alternatives to repair or replace. He recommends replacing the current steel tank with a 1 million gallon glass fused to steel tank. Mr. Tremper noted that, as part of the operation and maintenance, a tank should be inspected every 5 years. This tank was inspected in 2007 with underwater divers and cameras. That inspection showed some weak spots, rust and leaks. There were also severe leaks in 1999. Those leaks were repaired. It was also rehabilitated in 2001. Councilman Bettina asked if this Town of Wappinger Page 2 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 was the tank that was recoated, which the Board was assured would last a long time. Mr. Tremper doesn't think the guarantee was any longer than 5 years. He also noted that the Town was not necessarily happy with the contractor that did the work. He summarized the reasonable expectations that the Town should have with this 40 year old tank. Mr. Tremper then went on to describe the benefits and disadvantages of glass fused tanks versus steel tanks. Councilman Paoloni asked if this tank is currently leaking. Mr. Tremper again summarized the inspections, findings and repairs associated with the tank. There are currently no leaks. The last inspection found that the tank should be repaired to prevent future leaks. It had leaked in 1999 and was patched in 1999. That was a catalyst to the 1999 2(R) project. It was rehabilitated in 2003 and now shows signs that repairs are needed. Councilman Paoloni asked if there was consensus that it should be repaired now. Councilman Beale noted that it did not need to be replaced now, but could be part of the upcoming budget discussions. Al Roberts, Town Attorney, noted that it could be paid for using funds left over from the 1999 2(R) bond. Councilman Bettina asked Mr. Tremper for his opinion. Mr. Tremper recommended that the Board have a plan. There is only so much that can be done with the old tank. If it will be rehabilitated, the Board should plan for further rehab. Councilman Paoloni does not want to rehab the tank. Mr. Tremper then referred to the costs that Mr. Gray has provided for the steel and glass -lined tanks. Councilwoman Czarniecki asked what the lifespan of a new tank would be. Mr. Gray answered that it could be about 60 years. Discussion followed. Councilwoman Czarniecki asked if there was any difference in the quality of the water between the two tanks. Mr. Tremper described both tanks. Councilman Paoloni feels that the glass -lined tank is the best option. Councilman Beale agrees that the Town should invest in a new tank. He asked if there is any potential revenue in the scrap metal that would come from removing the old tank. Discussion followed. Supervisor Colsey noted that there is $613,271 in the 1999 2(R) fund. There is $416,836 in the Cider Mill Loop tank rehab fund. There is $1,092,000 in the MTBE fund. He does not want to put this rehab off for minor reasons. Mr. Tremper agreed that it would make sense for Mr. Gray to put together a couple of different timetables for repairing and replacing tanks. Discussion followed. Councilman Beale made a motion to authorize the Engineer to the Town to put together a timetable. The motion was seconded by Councilwoman Czarniecki. Discussion followed. The motion passed unanimously. Discussion followed. Supervisor Colsey closed the discussion at 6:51 PM. Motion To: authorize the Engineer to the Town to put together a timetable RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni B. Comprehensive Plan SEQRA Document - Stolman/Colsey Supervisor Colsey opened the discussion at 6:51 PM. David Stolman, the Town Planner, was present to discuss the topic. Mr. Stolman noted that the Supplemental Final Generic Environmental Impact Statement, SFGEIS, is the 4th out of 5 substantive documents in the SEQRA process of the Comprehensive Plan. He summarized the steps followed to get to this point. The next document will be the findings statement. That must be adopted before the Town Board can adopt the Comprehensive Plan. Supervisor Colsey asked if this step solidifies the rezonings in the Comp Plan. Mr. Stolman answered that, after the Comp Plan is adopted, there will be Local Laws adopted to enact the zoning changes. There will be Public Hearings on those Local Laws. Councilman Paoloni asked, if a Board Member does not agree on any given rezone, did the Board have to go back and change the Comp Plan. Mr. Stolman answered using examples. Discussion followed. Supervisor Colsey asked if there is a time limit for the rezonings. Mr. Stolman replied that they should be made within a reasonable amount of time. However, there is no deadline. Councilman Beale noted that, in order to review the Comp Plan, it must be adopted first. Discussion followed. Councilwoman Czarniecki noted that, if a property owner requests a rezone, they must go before the Town Board to make the request. Discussion followed. Supervisor Colsey asked if any Town Board Members had any outstanding issues. There were none. Mr. Stolman continued with his presentation. He noted that the Board may decide to adopt the Findings Statement at the next Town Board Meeting. There is a Resolution on the dais to accept the SFGEIS. Town of Wappinger Page 3 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 Councilman Beale asked if the Comp Plan will restrict New Hackensack Fire District from building a fire training facility on the Fairchild property. Mr. Stolman does not think that it would restrict it at all. Councilman Paoloni asked if there were any recent changes for accessory housing or agricultural exemptions. Mr. Stolman answered that there were none in this document. Those would be in the next document. Discussion followed. Supervisor Colsey asked for a motion to add the Resolution accepting the SFGEIS to the Agenda by unanimous consent. The motion was made by Councilman Bettina, seconded by Councilman Beale and passed unanimously. Supervisor Colsey read the title of the Resolution. Councilman Beale moved the Resolution. The motion was seconded by Councilman Bettina. Discussion followed. Councilwoman Czarniecki brought up a rezoning issue with the Swenson property. The property is currently zoned R-20. The proposed zoning is R-80. She is asking for a compromise to make the zoning R-40/80. There was no objection from the Board. The Resolution passed unanimously. Discussion followed. The Resolution passed unanimously. Supervisor Colsey closed the discussion at 7:12 PM. Motion To: add Resolution to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2010-288 Resolution Accepting Supplemental Final Generic Environmental Impact Statement (SFGEIS) in Connection with Town Comprehensive Plan and Associated Zoning Amendments WHEREAS, the action which the Town Board is entertaining is the adoption of a new Town Comprehensive Plan and Associated Zoning Amendments (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, pursuant to the State Environmental Quality Review regulations, the Town Board previously required the preparation of Draft and Final Generic Environmental Impact Statements (DGEIS and FGEIS), and a Supplemental Draft Generic Environmental Impact Statement (SDGEIS) in connection with a prior versions of the Draft Town Comprehensive Plan and Associated Zoning Amendments; and WHEREAS, the Town Board subsequently made changes to the Draft Town Comprehensive Plan and Associated Zoning Amendments; and WHEREAS, pursuant to the State Environmental Quality Review regulations, the Town Board required the preparation of a Supplemental Final Generic Environmental Impact Statement (SFGEIS) for the currently Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby finds that the Supplemental Final Generic Environmental Impact Statement prepared for the Proposed Action is accepted as being satisfactory with respect to its scope, content and adequacy. 3. The Town Board hereby directs the Town Clerk to file a Notice of Completion of Supplemental Final Generic EIS and the SFGEIS as required by SEQRA. Town of Wappinger Page 4 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-288 Yes/Aye_ No/Nay Abstain Absent 21 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder EI ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Voter El ❑ ❑ ❑ Joseph Paoloni Voter E2 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. C. ROTC Training at Carnwath Farms on September 16 and September 23 - Beale Supervisor Colsey opened the discussion at 7:12 PM. Councilman Beale noted that the ROTC held training sessions at Carnwath, as approved by the Town Board. They will continue training on September 16th and September 23rd. Councilman Beale made a motion to allow the ROTC to utilize Carnwath Farms for training on September 16th and September 23rd. The motion was seconded by Councilman Bettina and passed unanimously. Motion To: allow the ROTC to utilize Carnwath Farms for training on September 16th and September 23rd RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni VIII. Public Hearings Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Hearing on the Intended Use of Community Development Block Grant Funds Supervisor Colsey explained that, since he is on the CDBG approval board, he will recuse himself from this Public Hearing. Councilman Bettina 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). Councilman Beale asked the Board if they had any items to be considered for the CDBG. There were none. Councilman Beale noted that he would like to propose a project to extend water to the Fowlerhouse Road area. This was applied for in 2007, but was unsuccessful. Councilwoman Czarniecki asked if there was anything else that the CDBG could be used for. Councilman Beale noted that there is a packet that was sent to the Board that explains the grant and what it can be used for. He went on to further explain the grant and cited examples of grants that have been awarded in the past. Councilman Beale opened the floor to the public. Florence Graf was the first resident to speak. She asked for a definition of the CDBG and what it covers. She wants to know if the grant could be applied for with Carnwath in mind. Councilman Beale explained the CDBG again and what it could be used for. Discussion about the work needed to be done at Carnwath and the possibility of applying for the CDBG for that work followed. Councilman Beale noted that the work that presently needs to be done at Carnwath is urgent. He does not recommend waiting for the CDBG to get that work done. Councilman Paoloni had recommended using the CDBG for a sewer in the Edgehill Drive area. Councilman Beale agreed that this would be a good example for a CDBG application. Patrick Ladd, a resident in the audience, asked if Councilman Paoloni is planning to submit an application for the Edgehill Drive sewer. Discussion about that topic followed. Town of Wappinger Page 5 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Paoloni and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, Czamiecki, Paoloni Town of Wappinger Page 6 Printed 9/17/2010 Poqhheepsi'e Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 13th day of Septem- ber, 2010, at 7:00 P.M. at the Town Hall, Town of Wappinger, 20 Mid-' dlebush Road,Wap- pingers Falls, New York, at which time all parties in lVrest and citizens shall have an opportuni-' andtsuggestiooffer ns comments Town's intended use of .Community Devel- opment Block Grant Funds for calendar year 2011. Following; the Public Hearing, the Town intends to make Grant to the opment Block Grant Program. PLEASE TAKE FURTHER NOTICE that the pur- pose and intent of the Public Hearing is to al- low the citizens of the Town of Wappinger to offer comments and suggestions on the Town's intended use of Commun'�ty Devel- opment Block Grant Funds for calendar year 2011, in furtherance of assisting the Town Board of the Town of Wappi Igger to deter- mine,the best use of such funds in light of the Town's needs and to draft a Resolution re- lating to the Town's in- tended use of any Com- munity Development Block Grant Funds that it may receive.. PLEASE TAKE FUR- THER NOTICE that the Town Board has deter- mined that pursuant to 6 NYCRR 617.5 (c) (20) theproposed adoption of the aforementioned Resolution is a Type. II action not requiring en- vironmental review pur- suant to the' State Envi- ronmental Quality Re- view Act (SEQRA) or to No. 6a of 1992 nt nand, cal Law of no environ- mental review has been undertaken. Dated: August 18th, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOHN C. MASTERSON, TOWN CLERK 1477 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 Infonnation 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 an-nexed Notice was duly published in the said newspaper for --one insertion _ successively, in each week, commencing on the 25th day of Aug. in the year of 201_ 0 and on the following dates thereafter, namely on. PINCER And ending on the _ day of _ in the year of 2010 both days inclusive -.Sub abed anisworn to before me this—�' day of in the ar of 2010 Nota ubltc My comnussion expires ROSE ANN S110. S-1. Notary Public, State of New York No. 01 S 16215893 Qualified in Dutchess County Commission Expires January 4, 2014 SOUTHERN NORTHERN 84 EAST WAPPINGERS DUTCHESS NEWS DUTCHESS NEWS MAIN STREET 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 #85994 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 08/25/10. Sworn to befor e this 25th day of August, 2010 /2 G`1K �, A4 ��� NANCY I4YDtJKE' Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June"14, 2014 MID ECEUVfED AU(a' 2 6 2010 TOWN OF WAppINGER TOWN CLERK NOTICE OF PUBLId HEARING TOWN OF WAPPINGER NOTICE IS HEREBY T.6 1e pnole peal Ue peuedo Alo!ignd b II!m sp!q peleeS �!suoo •paja jo peld000e q lou II!M 0602 `418 3gw9ldeS °`Wd 9V:6 )l;e paA!aoaJ spl8 . conn pale oosse Ile pue Slum Moidwi 96eu!ejp' uo!lpnjlsuod94;jo: AIOA'M3N ! 'A1Nn00 SS3H01f10 I S�'111d SM30NIddVM =10 39V-17IIA S1N3W3AOHd -W13Jb�NI�oRIa dV31S3WOH 2131SM jo10l,0Z `418jagwal JOS uo (awl le00-1) I'd SV:6 l!lun NjqA QN 'slle=l sia6u!d ieM `enueAy glnoS pZ'sllei..sja6uld eM to a6elIIA V8I0 1581Ma41 10 830: o a41 le peApoei eq m slle.1 sieBu!ddeM 96eII!AL 94101 Jaau 6u3 941 Aq pejedaid e suuoj pasolOua uo p!q pelees:alejedaS saai;oN Ie a7 ;ag oug lEtpads V W `iau�teD ung aAl2u I�iO=S s aq 'Auld of axiys aq; J2AO- jig IamlolI�i xpoI xpnomp TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE "TOWN'S INTENDED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR CALENDAR YEAR 2011" 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 August 18, 2010, your deponent posted a copy of the "Notice of Public Hearing on "the Town's Intended Use of Community Development Block Grant Funds for Calendar Year 2011", 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. E ohn C. Masterson Town Clerk Town of Wappinger Swor before me the 18th day of August, 2010 or /NOTARYY PUBLIC BARBARA L ROBERTI Notary Public, State of New York Reg. No. OIR06130344 Dutchess County My Commission Expires July 18, 2013 Town Board Meeting Minutes September 13, 2010 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, Amending Section 122-16 of the Town of Wappinger Code Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilman Beale 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 that this Local Law implements the fee schedule that was adopted by the Town Board. The first schedule was adopted in October 2009 and the second schedule was adopted in January 2010. Mr. Roberts explained some of the items being addressed. The floor was then opened to the public. June Weyant was the first resident to speak. She asked what fees were being changed. Supervisor Colsey noted that the Local Law is now, and has been, available at the Town Clerk's office for review. Ms. Weyant asked for clarification on the fees for sheds. Mr. Roberts explained the change for that fee. Discussion followed. Councilman Beale made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Ismay Czarniecki, Joseph Paoloni ABSENT: Vincent Bettina Town of Wappinger Page 7 Printed 9/17/2010 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, AMENDING SECTION122-16 OF THE WAPPINGER CODE" 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 August 18, 2010, your deponent posted a copy of the "Notice of Public Hearing on "Local Law No._ of the Year 2010, Amending Section 122-16 of the Wappinger Code", 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. OV o & L, --�7o—hn C. Masterson Town Clerk Town of Wappinger Sworn to before me the 18th day of August, 2010 NOTARY PUBLIC BARBARA L ROBERTI Notary Public, State of New York Reg. No. OIR06130344 Dutchess County 14 Commission Expires July 18, 2013 Poqhheep5-te Joffnal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF RING T WN OF NOTICE ISWAPPINGER HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct the13thday of Sep- tember,RING 2010, at 7:00 P.M. at the Town Hall, Town of Wappinger, 20 Middlebush Road. wan- ueara as t0 of theTA eTows ••-rr�yr:� anau aao al La entitled "Local proposed N X—mendingh Section 212 16 of the Town of Wal the a adoption thd b ereo thelfeesvcharged bydth, Town of Wappinger fo lthe services it provide: as set forth herein, ti make such fees mnri 'K that F hel IMD has deter - 0 Ducat Law is a Type II action not requiring en• vironmental review pur. suant to the State Envl- tonmental Quality Re. view Act ("SEQRA") or Pursuant to Local Law No. 6 of 1992 and, ac- cordingly, no environ. mental review has been undertaken. AKE FU. TH RS NOTICE that cop. les of the proposed Lo -i cal Law No.` of the Year 2010 are available for review and Inspec. tion at the Office of. the Town Clerk on week- days from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: August 18, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOHN C. MASTERSON, TOWN CLERK 1482 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 Infon-nation 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 25th day of Aug. in the year of 2010 and thereafter, namely on. AUG 3 0 2010 TO N 0 WAPPINOER OWN CLERK And ending on the _ day of 1n the year of 2010_, both days inclusive. r � SuAscribed and sworn to before me this da .cy y of � in th, year of 2010__ I No Pub tc My comnussion expires 1 ROSE ANN SIMPSON Notary Public, State of New York No. 01S16215893 Qualified in Dutchess Cowl Commission Expires Janugfy A, 64 . rr SOUTHERN NORTHERN 84 EAST WAPPINGERS DUTCHESS NEWS DUTCHESS NEWS MAIN STREET FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 ire Re: Legal notice #85993 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 08/25/10. sworn to before �e this 25th day of August, 2010 NANCY HYD KE Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June -14, 2014 LFS E C E5MED AUG 2 6 2010 TOWN OF WAPPINGER TOWN CLERK NOTICE OFOUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board `of the Town of Wapjinger will con- ductaPUBLICHEAR ING onthe 13th dayof September, '20.10, at 7:00 p,.m. at,the Town Hall;. Town' of, Map- pinger, 20 Middle - bush Road,; Wap- pingers Falls, New York, at which time all parties in interest and citizens shall have an ,opportunity, to be heard as, to whether the Town Board. of the Town of -Wappinger shall adopt, a pro- posed Local Law enti- tled "Local, Law No. of the Year 2010, Amending, Section 122-16.ofthe Town of UE- [nSA!p r. oa run`o5k no ?uiuioo ,g3UjX,, ;sn2nd Arpsznil,I, aumo uoseas sdoog Sid 3o UMOJL aq;I, o;oa.�iQ unalow uosep SH saaanS ►ntunS IIPIQs!3 i2o.id stns 1no3pom au; uo P31110;s }aii e0;oog stuamoM 'u011uuu01ut -I £8 `tiloo lo sn oAiD sio3paus irom tsnui qo `zagivauzag •xaaen u;uoui aut, jo3 S i $ [; Ipj sTuL-sSuluaotu :'L 0£:1:1 gSnoigi slRosgg 0111!7 -uia fuiuun.13o sjol i pa a&aua zno,C aP!Aoid SIW -ialuoD .oag mo ui i m auii; 4pnb o; alqu oq Ipm plo o,k -uruaSoid sposgd TTM, 7nnnTnll. TTY-. TTIV.QV.. Town Board Meeting Minutes September 13, 2010 Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czamiecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Public Hearing in the Matter of the Establishment of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York 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, gave a detailed history of the Town's sewer districts and sewer improvement areas. He then explained exactly what would be included in the consolidated sewer district. Tri -Muni has advised the Town that they will be undertaking a series of capital improvements and repairs to the Tri -Muni plant. Wappinger's share of the repairs will be roughly $270,000. The total expected cost to borrow for will be $315,000. The actual cost to the homeowner for the bond will be about $4.60 per household. Supervisor Colsey noted that, regardless of what the Town did with the consolidation, the Town would still be assessed its portion of the costs for the capital improvements. Mr. Roberts added that the Town would have had to do the work for the formation of an improvement area. With the consolidated district, the Town will not have to create improvement areas each time that a future capital requirement requiring bonding came up. Councilwoman Czarniecki asked if it would be possible to expand the district. Mr. Roberts answered that the purpose is to have one master plan and to expand the district to bring in new properties. If there is an expansion, the new properties will have to pay for all costs associated with the expansion. Councilman Paoloni clarified that past indebtedness would not be combined together to be spread out over the district. Mr. Roberts confirmed. Discussion followed. Supervisor Colsey opened the floor to the public. There were no comments from the public. Mr. Roberts noted that the bond counsel sent up the Order Establishing the District. That would need to be added to the Agenda by unanimous consent. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Town of Wappinger Page 8 Printed 9/17/2010 AFFIDAVIT OF POSTING STATE OF NEW YORK ss.. COUNTY OF DUTCHESS I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, depose and say: That on the 18th day of August, 2010, I caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, an Order, certified by me, duly adopted by said Town Board on the 16th day of August, 2010. A true and correct copy of such order in the exact form in which the same was actually posted is attached hereto and made a part hereof. OL- C, -04:�- - Town Clerk V Subscn ed and sworn to before me this � day of September, 2010. 6 Notary Public MARK LIEBERMANN Notary Public - State of New York No. 01 L16199007 Qualified in Dutchess County My Commission Expires October 12, 2013 i 4 Legal Notices NOTICE OF ADOPTION OF . ORDER CALLING A rPUBLIC w HEARINGON THE . ESTABLISHMENT OF UNITED +WAPPINGER SEWER DISTRICT IN THE TOWN OF WAPPINGER `PLEASE TAKE NO- a TICE that the Town Board of the Town of Wappinger, Dutchess t County, New York on the16thdayofAugust, 2010, duly - adopted the Order published i herewith calling a ► Public Hearing on the establishment of a new sewer district in r the Town to be known as United Wappinger Sewer District. Dated: Wappingers Falls, Newyork August 18th, 2010 John C. Masterson Town Clerk 2010-264 t Order Calling Public ` Hearing in the Matter of the Establishment of United Wappinger Sewer District in the F Town of Wappinger, Dutchess' County, New York Ata regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middle - ,bush Road, Wap - ;, pip gers FaIls, :New York, :on August 16, 2010. ,The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the I following were pres- ent: PRESENT Supervisor Christopher J. Colsey Councilmembers William H. Beale Vincent F. Bettina (arrived at 6:26PM) Ismay Czarniecki Joseph P. Paoloni ABSENT Legal Notices thereat, including original equipment, machinery, appara- tus, appurtenances, and 'incidental im- provements and ex- penses in connection therewith, all as more fully described in the map, plan and report hereinbefore de- scribed; and WHEREAS, the max- imum estimated cost of said improvements is.$316,000; and WHEREAS, the pro- posed method of fi- nancing the cost of said improvements consists of the is- O'HERN DUTCHESS NEWS fHERN DUTCHESS NEWS EAST MAIN STREET �GERS FALLS, NY 12590 n 8 N Cavit of Publication sl T(, bP pii Yo the 9 0 ter o'c ing pot licl the sev Tom suance of not to ex- theprn, depose and ceed $316,000 serial to '�f Southern bonds of said Town Up i er of general maturing in annual. ir)-,,;,,,.,SeCERS FALLS, stallments over a pe- the riod not exceeding pro ta YORK and forty years, which will and iexed is a be payable in the first map;d in Southern instance from an an- filed nual assessment upon the several lots or parcels of land in said District which the Town Board shall de- termine and specify to be specially benefit- ted thereby in propor- tion to the benefit de- rived therefrom, in the manner provided by law, in an amount suf- ficient to pay the prin- cipal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of advaloremtaxeswith- outlimitation asto rate oramountsufficientto pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, the esti- mated costof hook-up fees to the typical property in said Dis- trict being a single family house is $0.00; and WHEREAS, the esti- mated costofsaid Dis- trictto the typical prop- erty, being a single � oinl� aa"., �uthwest- P .4.. •�:r-' there perst the therev thew other -,gust, 2010 part Boar quirec(E be pro of NEW YORK ises. Town 9 0 authoEEss County rected June 14, 2014 of this with to Adoptii lished t cial nev Town,tl tion the lesstha than tw forethe for the aforesai Town CI cause a to be p( sign -bot Town ma suantto of Sectic Town L, thantenn twenty d the day' hearing a Section 3 Ordersha G IE C IE IE0 AUS 2 6 2010 TOWN OF WAPPINGER TOWN CLERK NOTICE0FAD-OPTION OFORDER CALLING Journal PUBLIC HEARING ON THE ESTABLISHMENT OF UNITED WAPPINGER SEWER DISTRICT; N YT IN THE TOWN OF WAPPINGER PLEASE TAKE NOTICE that the Town Board of the Town of Wapp) U B L C CAT I O Dutchess County, New York on the 16th day of August, 2010, duly opted the Order published herewith calling a Public Hearing on ths tablishment of a, new sewer district in the Town to be known as Ui State of New York Wappinger Sewer District. County Of Dutchess Dated: Wappingers Falls, New York City of Poughkeepsie August 18th, 2010 John C. Masterson Town Clerk iRita Lombardi, of the City of Poughkeepsie, 2010-264 :Dutchess County, New York, being duly sworn, says Order Calling Public Bearing in the Matter of the ;that at the several times hereinafter mentioned he/she Establishment of United Wappinger Sewer District in t Town of Wappinger, Dutchess County, New York :was and still is the Principle Clerk of the Poughkeepsie At"a regular meeting of the Town Board of the Town of WappNewspa ers Division of Gannett Satellite Information Dutchess County, New York, held at Town Hall, 20 Middlebush 1 p Wappingers Falls, New York, on August 16, 2010. The meeting was called to order by Christopher Colsey, SuperviseNetwork, Inc., publisher of the Poughkeepsie Journal, a i upon roll being called, the following were present: PRESENT: :newspaper published every day in the year 2010 in the Supervisor Christopher J. Colsey Councilmembers William H. Beale City of Poughkeepsie, Dutchess County, New York. and Vincent F. Bettina (arrived at 6:1 IsmayCzarniecki that the annexed Notice was duly published in the said Joseph P. Paoloni ABSENT: 1 newspaper for one insertion _ The following Resolution was introduced by Supervisor Colsey a onded by Councilman Beale. successively, in each week, commencing on the 25th WHEREAS, the Town Board of the Town of Wappinger, Dutchess Aug. in the year of 2010 and ty, New York (the "Town"), has duly caused to be prepared a map s day Of the boundaries of a proposed sewer district in said Town, to :be ki United Wappinger Sewer District in the Town of Wappinger (hen_Q1LJ4e_ates thereafter, namely on. the "United Wappinger Sewer District" or simply, the "District") a plan to serve said District, and a report of the proposed method o� D tion thereof including capital improvements therefore and an est= _ -- — --- cost thereof, and WHEREAS, said_ map, plan and report, including an estimate of I dated August 5, 2010,.were prepared by Monis Associates Eng3 02010 Consultants, PLLC, competent engineers duly licensed by the New York, and have been filed in the office of the Town Clerl GER Town, where the same are available during regular office hours fo WAPPINGER nation by any persons interested in the subject matter thereof, iC��{�Rl/ IS estimate of cost; and WHEREAS, the boundaries of said District shall be as descrila hibit A attached hereto and hereby incorporated herein; and— WHEREAS, the improvements proposed for said District cons And ending on the day of In District's share of the cost of construction of improvements tl — MunicipalWastewaterTreatmentPlantrelatingto water removal theear of 2Q.10 both dayS inclusive. thereat, including original equipment, machinery, apparatus, app y es, and incidental improvements and expenses in connection thet as more fully described in the map, plan and report hereinbefore and WHEREAS, the maximum estimated cost of said impro $316,000;, and ' Su ribed and sworn to before me this �z day WHEREAS, the proposed method of financing the cost of said Of in ments consists of the issuance of not to exceed $316,000 seria' said Town maturing in annual installments over a period nota forty years, which will be payable in the first instance from an sessment upon the several lots or parcels of land in:said District' Town Board shall determine and specify to be specially benefit) in proportion to the benefit derived therefrom, in the manner p law, in an amount sufficient to pay the principal and interest on the year of 2010__ , Notary Pbhc '' as the same become due, but if not paid from such source, all M �JJ1ssonlexpires real property in said Town shall be subject to the levy of ad va� 1 Ol� 75rk without limitation as to rate or amount sufficient to pay the pri,&, State of Ne interest on said, bonds as the same shall become due and payabDiS16215893 h Dutchess Count 2014 WHEREAS, the estimated cost of hook-up fees to the typicalxpires January 4, said District being a single family house is $0.00; and Z Town Board Meeting Minutes September 13, 2010 IX. Resolutions Motion To: add Resolution 2010-287 to the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2010-287 A Resolution Making Certain Determinations in Relation to and Approving the Establishment of United Wappinger Sewer District of the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12-A of the Town Law. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of United Wappinger Sewer District of said Town; and WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and WHEREAS, said United Wappinger Sewer District shall be bounded and described as hereinafter set forth as Appendix A hereby made a part hereof; and WHEREAS, the improvement proposed for said United Wappinger Sewer District consists of the District's share of the cost of construction of improvements at the Tri -Municipal Wastewater Treatment Plant relating to water removal of sludge thereat, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, as more fully described in the aforesaid map, plan and report; and WHEREAS, the maximum amount proposed to be expended for said improvement is $316,000; and WHEREAS, the proposed method of financing the cost of said improvements consists of the issuance of not to exceed $316,000 serial bonds of said Town maturing in annual installments over a period not exceeding forty years which bonds will be payable in the first instance as follows: there shall be annually assessed upon and collected from the several lots and parcels of land within said District which the Town Board shall determine and specify to be especially benefitted by the improvement, so much upon and from each as shall be in proportion to the amount of benefit which the improvement shall confer upon same, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, such improvement therefore has been determined to be a "Type II Action" pursuant to the provisions of the State Environmental Quality Review Act ("SEQRA"), which, as proposed, the Tri -Municipal Sewer Commission, a Lead Agency, has been determined will not have any significant effects upon the environment and SEQRA compliance materials are on file in the office of the Commission were they may be inspected during normal business hours, and the establishment of said United Wappinger Sewer District has likewise been determined to be a Type II Action; and WHEREAS, the estimated cost of hook-up fees to the typical property in United Wappinger Sewer District, being a single-family home, is $0; and WHEREAS, the estimated cost of the establishment of the United Wappinger Sewer District to the typical property therein, being a single-family home, is $474.61 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid; and WHEREAS, a detailed explanation of the manner by which such first-year costs to the typical property were computed, has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject manner thereof, and WHEREAS, an Order was duly adopted by said Town Board on August 16, 2010, reciting a description of the boundaries of said proposed United Wappinger Sewer District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said map, plan and report were on file in the Town Clerk's office for public Town of Wappinger Page 9 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 inspection and specifying the 13th day of September, 2010, at 7:00 o'clock P.M., Prevailing Time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said United Wappinger Sewer District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law, and proof of publication and posting has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The notice of hearing was published and posted as required by law and is otherwise sufficient; b) All the property and property owners within said proposed United Wappinger Sewer District are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed United Wappinger Sewer District; and d) The establishment of said proposed United Wappinger Sewer District is in the public interest. Section 2. The establishment of United Wappinger Sewer District of the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvement therefore consisting of the District's share of the cost of construction of improvements at the Tri -Municipal Wastewater Treatment Plant relating to water removal of sludge thereat, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost to the United Wappinger Sewer District of $316,000, are hereby approved. Section 3. Said United Wappinger Sewer District shall be bounded and described as set forth in Appendix A as aforementioned. Section 4. The Town Clerk shall, within ten (10) days after the effective date of this resolution, file certified copies of this resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New York. Section 5. This resolution is adopted subject to permissive referendum. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-287 Yes/Aye No/Nay Abstain Absent RI Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ ❑ Tabled withdrawn Ismay Czamiecki Seconder E l ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 X. Tax Certiorari The Resolution is hereby duly declared adopted. RESOLUTION: 2010-268 Resolution Authorizing the Settlement of Tax Certiorari Regarding Victor N. Owen and Jacquelyn Owen WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2004, 2005, 2006, 2007, 2008 and 2009 by Victor N. Owen and Jacquelyn Owen, regarding Grid No. 6157-04-649335 located at 158 Old Post Road in the Town of Wappinger, seeking a reduction in the 2004, 2005, 2006, 2007, 2008 and 2009 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement on these tax review proceedings; and Town of Wappinger Page 10 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 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 2004, 2005, 2006, 2007, 2008, 2009 and 2010 tax assessment for those respective tax rolls; as it pertains to Grid No.6157-04-649335, as follows: Grid No.: 6157-04-649335 Tax Year Original Total Assessment Revised Total Assessment Reduction 2004 500,000 410,145 89,855 2005 500,000 365,375 1341625 2006 475,000 323,750 151,250 2007 1,543,750 925,000 618,750 2008 1,405,000 925,000 480,000 2009 1,405,000 925,000 480,000 and 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 -2010-268 Original Total Assessment Revised Total Assessment Reduction 2008 1,382,000 867,000 515,000 2009 1,382,000 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 Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-269 Resolution Authorizing the Settlement of Tax Certiorari Regarding Chelsea Farms, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2008, 2009 and 2010 by Chelsea Farms, LLC, regarding Grid Nos. 6056-01-138527, located at 59 Chelsea Road, and 6056-01-190688, located at River Rd. North, in the Town of Wappinger, commonly known as Chelsea Farms, LLC, seeking a reduction in the 2008, 2009 and 2010 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on 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 years 2008, 2009 and 2010, as it pertains to Grid Nos.6056-01-138527 and 6056-01-190688, as follows: Grid No.: Nos.6056-01-138527 Tax Year Original Total Assessment Revised Total Assessment Reduction 2008 1,382,000 867,000 515,000 2009 1,382,000 867,000 515,000 2010 1,382,000 867,000 515,000 Grid No.: 6056-01-190688 Tax Year Original Total Assessment Revised Total Assessment Reduction 2008 1,324,500 712,555 611,945 2009 1,324,500 712,555 611,945 2010 1,324,500 712,555 611,945 and BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert Town of Wappinger Page 11 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 & 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 -2010-269 Original Total Assessment Revised Total Assessment Reduction 2005 9,200,000 9,200,000 -0- 2006 9,200,000 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator a ❑ ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder E l ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-270 Resolution Authorizing the Settlement of Tax Certiorari Regarding Alpine Improvements, LLC, Stop & Shop, Inc., and BJ's Whole Sale Club, Inc. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2007, 2008, 2009 and 2010 by Alpine Improvements, LLC, regarding Grid No. 6157-02-707773, located at 1404 Route 9, in the Town of Wappinger, commonly known as Alpine Commons Shopping Center, seeking a reduction in the 2007, 2008, 2009 and 2010 tax assessment for those respective tax rolls; and WHEREAS, there is also pending proceedings commenced by the tenant Stop & Shop, Inc., and BJ's Wholesale Club, Inc. for the years 2005, 2006, 2007, 2008, 2009 and 2010; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement on 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 Alpine Improvement, Inc., tax review proceeding and Stop & Shop /BJ's Wholesale tax review proceedings, for the years 2005, 2006, 2007, 2008, 2009 and 2010, as it pertains to Grid No.6157-02-707773, as follows: Grid No.: 6157-02-707773 Tax Year Original Total Assessment Revised Total Assessment Reduction 2005 9,200,000 9,200,000 -0- 2006 9,200,000 9,200,000 -0- 2007 34,000,000 27,200,000 6,800,000 2008 34,000,000 27,200,000 6,800,000 2009 34,000,000 27,200,000 6,800,000 2010 1 34,000,000 25,500,000 8,500,000 :and BE IT FURTHER RESOLVED, that the Stop & Shop/BJ's proceedings should be discontinued as a condition of the settlement; and 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 -2010-270 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter R1 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ ❑ Tabled withdrawn Ismay Czamiecki Seconder Rl ❑ ❑ ❑ Joseph Paoloni Voter R1 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 12 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 XI. Resolutions RESOLUTION: 2010-271 Resolution Authorizing the Town Attorney and Town Engineer to Propose a Draft Agreement and Site Plan Sketch for a Town Memorial WHEREAS, the Town Board initiated a plan in 2008 to erect a monument memorializing the death of a certain resident who lost his life while serving in the war in Afghanistan; and WHEREAS, the Town Board authorized the establishment of an account to collect donations for the completion of this memorial through the Town Clerk's Office; and WHEREAS, the Town Supervisor and Deputy Town Supervisor met with Wappinger Toyota to discuss the dedication of a portion of their property, abutting Route 9, Old Hopewell Road and Old Route 9 to accommodate this memorial, subject to the approval of their corporate offices; and WHEREAS, the senior management of Wappinger Toyota tentatively agreed to such dedication of land for the purpose of the memorial and are seeking a draft Agreement and site proposal sketch from the Town of Wappinger to consider finalization of such dedication. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Town Attorney and Town Engineer to produce a draft Agreement and site plan proposal sketch for submission to Wappinger Toyota in consideration of a dedication of land to accommodate a memorial monument area. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-271 Yes/Aye No/Nay Abstain Absent El Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 8 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Ismay Czamiecki Seconder D ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-272 Resolution Authorizing the Town of Wappinger to Initiate a Request for Proposals for Various Town Professional Positions for Appointment as Part of the 2011 Budget Preparation and Reorganization Processes WHEREAS, the Town Board believes it to be in the best interest of the Town of Wappinger residents to seek alternate proposals for professional services to the Town Board, including, but not limited to, Legal, Engineering, Planning, Information Technology, Stormwater Management and Financial Services; and WHEREAS, the Town Board shall consider firms submitting a proposal for services that possess a history of a minimum of five (5) years of professional municipal service and schedule interviews accordingly; and WHEREAS, the Town Supervisor is authorized to initiate the Request for Proposal process for professional services to the Town of Wappinger, including the posting of legal notices in the Town of Wappinger newspapers of record. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Town Supervisor to initiate the Request for Proposal process for professional services to the Town of Wappinger, including the posting of legal notices in the Town of Wappinger newspapers of record. Town of Wappinger Page 13 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-272 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter ❑ 0 ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ 0 ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby tabled. Motion To: amend to include the services of the Town Engineer RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2010-273 Resolution Authorizing the Attorney to the Town of Wappinger to Initiate an Action in the Supreme Court of Dutchess County in Respect to Unsafe Structures at 18 Montfort Road WHEREAS, the property at 18 Montfort Road, in the Town of Wappinger, incurred a whole house fire in excess of three years ago; and WHEREAS, representatives of the Code Enforcement Office of the Town of Wappinger declared the structure as unsafe for habitation and structurally unstable; and WHEREAS, the property and casualty insurance company covering the property located at 18 Montfort Road has been investigating the cause and origin of the structure fire and has not released any information in respect to its findings nor initiated any known civil or criminal proceedings; and WHEREAS, the property at 18 Montfort Road has been a source of numerous resident concerns; and WHEREAS, the Town Board, after due deliberation, finds that it is in the best interest of the Town of Wappinger to initiate an action in Dutchess County Supreme Court, through its attorney, ALBERT P. ROBERTS, or any attorney in the firm of VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP., against the property owner or any other related parties, and otherwise provide such legal services as are necessary to gain a judgment to the favor of the residents of the Town of Wappinger for the demolition, de -construction and removal of all structures on the site of 18 Montfort Road, and to gain strict compliance with the New York State Uniform Building Code, New York State Residential Property Maintenance Code and the Zoning Codes of the Town of Wappinger in connection with this matter. 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 Albert P. Roberts and/or any attorney in the firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to initiate an action on behalf of the Town of Wappinger and to interpose an Answer, and any defenses as well as any and all applicable Counterclaims against any appropriate parties in furtherance of defending the Town's interests in this action. 3. The Town Board authorizes Albert P. Roberts and/or any attorney in the firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to utilize the services of the Town Engineer. 4. Albert P. Roberts and/or the firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP., shall be paid in accordance with the retainer agreement presently in place between the Town of Wappinger and Albert P. Roberts. Town of Wappinger Page 14 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-273 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ 11 Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-274 Resolution Authorizing the Attorney to the Town of Wappinger to Enter into Discussion with the Owners of 1592 Route 376 in Respect to Property Dedication WHEREAS, the property owners of 1592 Route 376, Tax Map No. 135689-6259-04- 530251-0000, have been delinquent in the payment of their municipal taxes from 2006 through 2010 according to the Dutchess County Real Property Tax Service Agency; and WHEREAS, the site has been cited for violations in respect to unkempt vegetation, debris and rubbish collection, and other like concerns; and WHEREAS, there are no known planned purposes for the site that would remediate the ongoing concerns; and WHEREAS, the Town has received numerous complaints on the site from Town residents; and WHEREAS, the Town Board believes it in the best interest of the Town to authorize the Attorney to the Town to enter into discussions with the property owners in respect to property dedication to the Town of Wappinger. 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 Attorney to the Town of Wappinger to enter into discussions with the property owners of 1592 Route 376, Tax Map No. 135689-6259-04-530251-0000, in respect to property dedication to the Town of Wappinger The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-274 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 ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-275 Resolution Appointing Part -Time Acting Recreation Director and Authorizing the Town Supervisor to Seek a Civil Service Certification of Eligibles List WHEREAS, the Town Board appointed Jaclyn Smith-Imm to the full-time role of Recreation Director with the responsibilities to provide supervision to the Senior Center and Youth Recreation programs of the Town of Wappinger through Resolution 2010-102, on February 22, 2010; and WHEREAS, Jaclyn Smith-Imm resigned effective August 27, 2010; and WHEREAS, the full-time positions of Recreation Director, Senior Center Director, Recreation Supervisor and Recreation Leader require successful completion of the Civil Service competitive appointment process; and WHEREAS, the resignation of Jaclyn Smith-Imm has created a vacancy in supervisory Town of Wappinger Page 15 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 oversight for the recreation (programs) and senior center, including duties to include the preparation of the Recreation Guide, scheduling of winter program and other events; and WHEREAS, summer director Jill Smith has extensive experience as a summer camp participant, counselor and summer camp director; and WHEREAS, the Town Board believes the position of Recreation Director to be in the best interests of the Town; and WHEREAS, Jill Smith has been determined by the Town Board to be qualified to undertake the role as Acting Recreation Director on a part-time basis, not to exceed seventeen and one-half (17 1/2 ) hours per week for a period not to exceed December 31, 2010; and WHEREAS, the position of Recreation Director is funded from budget lines B7310.100 (Recreation Director) and A7620.100 (Senior Director) at the formerly approved rate of $20.00 per hour. NOW, THEREFORE, BE IT RESOLVED, that Town Supervisor Christopher Colsey is hereby authorized to appoint Jill Smith to the part-time role of Acting Recreation Director with the responsibilities to provide supervision to the Senior Center and Youth Recreation programs of the Town of Wappinger for a period not to exceed beyond December 31, 2010. BE IT FURTHER RESOLVED, that compensation for said role shall be in the amount of Twenty Dollars and 00/100 ($20.00) per hour to be funded from budget line B7310.100 (Recreation Director) and A7620.100 (Senior Director). BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to seek a current Certification of Eligibles list from the Dutchess County Personnel Department for the applicable positions of Recreation Director, Recreation Leader or Recreation Supervisor. BE IT FURTHER RESOLVED, that this position shall be deemed effective upon adoption by the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-275 Yes/Aye No/Nay Abstain Absent Rl Adopted - -- Christopher Colsey Seconder a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter D ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter D ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-276 Resolution Authorizing the Town Supervisor to Contract with NYCOMCO Wireless Communications for the Highway Department WHEREAS, the Town of Wappinger Highway Department requires radio equipment to facilitate efficient communication between Highway Department personnel and various Town administrative agencies to promptly address issues relating to the maintenance and safety of Town roadways and the traveling public, and local emergencies as they may arise; and WHEREAS, the Town of Wappinger Superintendent of Highways, Graham Foster, has recommended the renewal of a Lease Agreement with the New York Communications Co., Inc., (NYCOMCO) including service of said equipment at a lease rate of $1,460.00 per month for a 72 month lease in accordance with a lease proposal prepared for the Town of Wappinger Highway Department by letter proposal dated May 18, 2010, from NYCOMCO Communications Consultant to Graham Foster, a copy of which is affixed hereto as Exhibit "A"; and WHEREAS, the Highway Superintendent has noted that the Town of Wappinger Highway Department has had a positive experience with NYCOMCO, both for equipment and service, for the past 20 years and has recommended entering into this Lease Agreement; and WHEREAS, this proposal complies with the Town's Procurement Policy NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that there is need for the lease of equipment for a wireless radio communication system, as set forth in the proposal attached as Exhibit "A", at a lease price of $1,460.00 per month for a 72 month lease. 3. The Town Board further determines that the lease terms and conditions set forth in Exhibit "A" are acceptable and consistent with the needs of the Town of Town of Wappinger Page 16 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 Wappinger Highway Department and otherwise complies with the Procurement Policy of the Town of Wappinger. 4. The Town Board hereby accepts the terms and conditions set forth in the proposal identified in Exhibit "A" and hereby authorizes Supervisor Christopher J. Colsey to execute a Lease Agreement consistent with the terms and conditions set forth in Exhibit "A". 5. The Town Board directs that the amounts identified in the Lease Agreement approved herein shall be appropriated through budget line DB5110.401. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-276 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-281 Resolution Declaring Parks and Maintenance Equipment Surplus and Authorizing Its Sale by Public Bid WHEREAS, the Town of Wappinger owns a 1987 GMC Diesel bucket truck for use by the Parks and Maintenance Department, as purchased through Resolution 2006-189; and WHEREAS, the Supervisor of Buildings and Grounds has evaluated the equipment and has deemed such inappropriate for use by Town of Wappinger employees; and WHEREAS, the bucket truck was designed for use on level pavement and by certified personnel; and WHEREAS, the annual cost to inspect and maintain the underutilized equipment exceeds $1,000.00; and WHEREAS, the Supervisor of Buildings and Grounds has recommended that the above item is surplus and should be sold by public bid. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the 1987 GMC Diesel bucket truck has no further use by the Town and is a surplus item. 3. The Supervisor of Buildings and Grounds, the Town Supervisor and the Town Clerk are hereby authorized to solicit bids from the public, or to hold a public auction for the above noted surplus items; said surplus items shall be sold in AS IS CONDITION without any warranty as to condition. 4. Proceeds from the sale of the items shall be first used to pay debt service that is outstanding for the item, if any; and any balance that remains shall be paid into the Parks and Maintenance operating fund. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-281 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ 1:1 ❑ Tabled ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 17 Printed 9117/2010 Town Board Meeting Minutes September 13, 2010 RESOLUTION: 2010-282 Resolution Authorizing the Use of Robinson Lane for a Softball Charity Tournament WHEREAS, a memo dated September 7, 2010, from the Buildings & Grounds Supervisor, was received in respect to the use of Robinson Lane fields for a fund raising tournament, a copy of which was provided to the Town Board in advance of this resolution; and WHEREAS, the memo verifies that the tournament shall not conflict with the schedule of Little League; and WHEREAS, the Town Board authorizes the use of Robinson Lane fields for a fundraising tournament on October 2 - 3, 2010, with rain dates of October 9 - 10, 2010. 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 directs the Town of Wappinger Recreation Department to process such application for field usage upon collection of applicable fees in accordance with resolution 2010-011 and deposit of a Certificate of Insurance designating the Town of Wappinger as an additional insured party. 3. The Town Board directs the Town of Wappinger Building & Grounds Department to assess any additional fees for unreasonable field maintenance left incomplete, such as the collection of excess debris and litter, to the tournament applicant. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-282 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-283 Resolution Creating the Position of Payroll Clerk and Appointing a Payroll Clerk WHEREAS, Regina Dauzat was appointed to the position of Bookkeeper to the Supervisor; and WHEREAS, at the time of her appointment, there was no Eligible List for the position of Bookkeeper to the Supervisor issued by the Dutchess County Department of Personnel; and WHEREAS, the Dutchess County Department of Personnel has reviewed the customary duties of certain employees of the Town of Wappinger and has determined that the Bookkeeper to the Supervisor is functioning in a capacity more consistent with the position of Payroll Clerk; and WHEREAS, it is the position and recommendation of the Dutchess County Department of Personnel that it would prefer that Ms. Dauzat be appointed to a position consistent with the duties actually performed; and WHEREAS, consistent with the preference and recommendation of the Dutchess County Department of Personnel, the Town Board of the Town of Wappinger desires to create the position of Payroll Clerk; and WHEREAS, the Dutchess County Department of Personnel has advised that Regina Dauzat is eligible for a permanent appointment to the position of Payroll Clerk pursuant to Civil Service Law Regulations and Guidelines; and WHEREAS, the Town Board desires to appoint Ms. Dauzat to the position of Payroll Clerk, a position consistent with her duties NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby creates the position of Payroll Clerk; and BE IT FURTHER RESOLVED, that Regina Dauzat is permanently appointed to the position of Payroll Clerk on a full-time basis and that Ms. Dauzat shall be compensated at the rate of Thirty Thousand Dollars ($30,000.00) from 2010 Town of Wappinger Budget Line A1315.101; and Town of Wappinger Page 18 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 XII. BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to prepare and execute all documents required by the Dutchess County Department of Personnel in connection with creation of the position of Payroll Clerk and appointment of Regina Dauzat to such position. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-283 Yes/Aye No/Nay Abstain Absent Q Adopted Christopher Colsey Voter Q ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter Q ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ Q ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Seconder Q ❑ ❑ ❑ Joseph Paoloni Initiator Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. Items for Special Consideration Councilman Beale Special Consideration Item Councilman Beale asked to discuss the tree mitigation at Carnwath. Discussion followed. Steve Frazier, Supervisor of Buildings and Grounds discussed the quote that was received from Mr. Baisley. Discussion about the quote followed. The quote was for $1200 for 8 hours of work, with a guaranteed minimum of clearing the trees along the entire roadway. If the road is clear under the 8 hour timeframe, Mr. Baisley would continue on to clear other areas. Councilman Beale made a motion to add this topic to the Agenda for a vote. The motion was seconded by Councilwoman Czarniecki and passed unanimously. Councilman Beale made a motion to authorize the tree work to be done, to maintain the safety of the roadway, at a price not to exceed $1200, for a period of 8 hours, under the direction of the Supervisor of Buildings and Grounds. The motion was seconded by Councilwoman Czarniecki and passed unanimously. Completing this work should allow the Eagle Scout to get in to do his Eagle Scout project. Councilman Beale asked if the Board could consider Resolution 2010-277. Supervisor Colsey recommended having the Carnwath Workshop Discussion first. The Board agreed that they would like to have the Workshop discussion first. Motion To: authorize the tree work to be done, to maintain the safety of the roadway, at a price not to exceed $1200, for a period of 8 hours, under the direction of the Supervisor of Buildings and Grounds RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni XIII. New Business Councilman Paoloni New Business Councilman Paoloni thanked Supervisor Colsey for putting the "18 Montfort Road" topic on the Agenda so quickly. Supervisor Colsey New Business Supervisor Colsey noted that the Board is being presented with a blueprint and proposal for some changes to the Building Department office layout. This would alter where certain employees would sit, but would not involve any purchases of office equipment or structural changes. Discussion followed. Councilman Beale stated that he would like some time to look at the proposal. There were no other objections or concerns from the Board. Supervisor Colsey noted that the owner of 26 Lakeside Drive is asking for certain permit fees to be waived. Discussion followed. The Board reached consensus that the permit fees are not to be waived. Supervisor Colsey stated that he is presenting the Board with current expense and revenue reports, sewer and water reports, fund balance reports and the dog control reports. Town of Wappinger Page 19 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 XIV. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, Czarniecki, Paoloni Contract Negotiations Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni ABSENT: William Beale XV. Carnwath Master Plan Workshop RESOLUTION: 2010-277 Resolution Awarding Bid for Installation of Electrical and Communication Service Replacement Lines at the Carnwath Estate WHEREAS, by Resolution 2010-227, adopted by the Town Board on June 28, 2010, the Town Board authorized the solicitation of bids for three phase underground service cable, single phase underground service cable, and three phase junction module, and related appurtenances as set forth in the aforementioned Resolution; and WHEREAS, bids and specifications were prepared by Robert J. Gray of Morris Associates, Engineer Consultants, PLLC, Engineer to the Town, for the aforementioned work; and WHEREAS, advertisements for bids were duly published and the following bids were received: Company Bid Price: Alternate 41: Stoneykill Contracting, Inc. $ 83,200.00 $ 83,200.00 Peak Construction $ 90,400.00 $ 6,000.00 P & D Electric $ 94,700.00 $ 76,000.00 R. Costa Electric, Inc. $ 102,950.00 $ 89,900.00 WHEREAS, by letter dated August 23, 2010, Morris Associates Engineering Consultants, PLLC, Engineers to the Town, has reported that the lowest responsible bidder is Stoneykill Contracting, Inc., in the amount of $83,200.00, including the price for Alternate 41. 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 installation of electrical and communication lines at the Camwath Estate to Stoneykill Contracting, Inc., in the amount of $83,200.00, including the price of Alternate #1, as recommended by Morris Associates Engineering Consultants, PLLC, Engineer to the Town, by letter dated August 23, 2010, to the Town Board. 3. The Town Board hereby authorizes the Supervisor to execute the contract documents as prepared by Morris Associates Engineering Consultants, PLLC, to issue the Notice of Award and Notice to Proceed to Stoneykill Contracting, Inc., after the Attorney to the Town has confirmed that Stoneykill Contracting, Inc., has signed the contract documents and has supplied the necessary documents as required by the bid specifications. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2010-277 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ 0 ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. Town of Wappinger Page 20 Printed 9/17/2010 Town Board Meeting Minutes XVI. Town Board Review of Vouchers RESOLUTION: 2010-284 September 13, 2010 Resolution Authorizing 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: 201OPP Vendor A (Townwide) B (PartTown) DB (Highway) Central Hudson $92.50 Pitney Bowes $636.00 Home Depot $14.82 Orkin $132.76 MVP $7,448.87 $2,552.24 $16,065.36 MVP Gold $2,444.50 Dan Zag $217.94 EMS Associates $93.52 Frederick Clark $3,771.24 Frederick Clark Frederick Clark Frederick Clark Bostwick Sales $157.57 Old State Auto $160.00 Old State Auto $78.00 Tilcon $538.80 J. VaccarinoThe Klassics $950.00 DC Assessors Assoc $90.00 B Petrillo -Hot Rod $800.00 Staples Staples $116.58 Staples $32.93 Sign Language $450.00 DC Purchasing $447.95 Snap On Tools $50.80 Van Kleeck's Tire $416.24 Aquatic Management $1,240.00 Kim Leone $677.00 Partytime Rentals $1,167.50 John Kudzia $65.39 Big Top Portables $117.00 Big Top Portables $78.50 Big Top Portables $371.00 $254.00 Jillian Smith $907.00 Jaclyn Smith-Imm $114.80 American Lamp Recyc $967.20 Hannaford's $5.38 Callahan Plumbing $250.00 EmbroidMe $346.80 Diane Henshaw Totals $17,126.89 $9,884.10 $17,309.20 2010 Adjusted Budget YTD Actual Expended YTD Encumbered $3,483,404.00 $1,353,147.00 $2,553,172.00 $2,140,856.05 $925,535.11 $1,683,932.72 $3,656.00 $0.00 $18,912.90 Town of Wappinger Page 21 Printed 9/17/2010 11 Town Board Meeting Minutes September 13, 2010 YTD available budget balance YTD available budget bal % Unreserved Fund balance/(deficit) as of 8/23/2010 $1,338,891.95 $427,611.89 $850,326.38 38.44% 31.60% 33.30% $ (184,684.76) $ (3,622.95) $ 524,505.22 Deficit Deficit Vendor T92 (Escrows) WU (Wappingers United) Central Hudson N/A $1,264,962.75 Pitney Bowes N/A $0.00 Home Depot N/A $314,959.25 Orkin N/A 19.94% MVP N/A $1,102,434.97 MVP Gold Dan Zag EMS Associates Frederick Clark Frederick Clark $13,520.35 Frederick Clark $150.00 Frederick Clark $45.00 Bostwick Sales Old State Auto Old State Auto Tilcon J. VaccarinoThe Klassics DC Assessors Assoc B Petrillo -Hot Rod Staples $56.24 Staples Staples $6.09 Sign Language DC Purchasing Snap On Tools Van Kleeck's Tire Aquatic Management Kim Leone Partytime Rentals John Kudzia Big Top Portables Big Top Portables Big Top Portables Jillian Smith Jaclyn Smith-Imm American Lamp Recyc Hannaford's Callahan Plumbing EmbroidMe Diane Henshaw $3,066.20 Totals $16,781.55 $62.33 2010 Adjusted Budget N/A $1,579,922.00 YTD Actual Expended N/A $1,264,962.75 YTD Encumbered N/A $0.00 YTD available budget balance N/A $314,959.25 YTD available budget bal % N/A 19.94% Unreserved Fund balance/(deficit) as of 8/23/2010 N/A $1,102,434.97 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed Town of Wappinger Page 22 Printed 911712010 Town Board Meeting Minutes September 13, 2010 above were audited by a majority of the Town Board at the public meeting of September 13, 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 -2010-284 A (Townwide) B (PartTown) CB (Greenway Trail) CBG (Challenger Baseball Field) Camo Pollution Yes/Aye No/Nay Abstain Absent El Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ D ❑ ❑ Defeated Vincent Bettina Initiator IZI ❑ ❑ ❑ ❑ Tabled Withdrawn Ismay Czamiecki Seconder RI ❑ ❑ ❑ $1,567.50 Joseph Paoloni Voter LSI ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-285 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: 201OSS Vendor A (Townwide) B (PartTown) CB (Greenway Trail) CBG (Challenger Baseball Field) Camo Pollution Camo Pollution Central Hudson $2,890.28 NyComco $427.00 Poughkeepsie Jrnl Poughkeepsie Jrnl $124.92 James Baisley Al Roberts $214.50 Al Roberts $1,567.50 Al Roberts Al Roberts $2,458.50 Al Roberts $458.99 Al Roberts Al Roberts $132.00 Al Roberts Al Roberts Al Roberts $6,446.22 $2,821.50 $50.84 $33.00 Sir Speedy $5.90 CSEA Emblem $8,390.01 $457.09 Wells Fargo Financial $369.53 $373.56 Wells Fargo Financial $325.59 Susan Dao $35.00 Public Entity Trust $339.74 $577.56 George Kolb $122.50 George Kolb $22.49 WB Mason $234.96 WB Mason $67.95 Duality $1,955.00 Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Town of Wappinger Page 23 Printed 911 712 01 0 Town Board Meeting Minutes September 13, 2010 Vendor Stormwater Mgmnt HG (Carnwath Project) $250.00 HNC (Cider Mill Loop Water Tank Rehabilitation Project) Camo Pollution Hannaford $2.69 Camo Pollution Great America Leasing $563.07 Central Hudson Delta Dental $1,152.05 $305.67 Stephanie Gallaher $119.91 Poughkeepsie Jrnl Ana Cargile $30.00 James Baisley $385.00 Sam's Club $136.50 Al Roberts Totals $22,776.22 $10,601.96 $50.84 $33.00 2010 Adjusted Budget $3,483,404.00 $1,353,147.00 NIA N/A YTD Actual Expended $2,260,472.67 $970,176.07 $1,026.84 $4,381.16 YTD Encumbered $4,636.00 $0.00 $0.00 $0.00 YTD available budget $1,218,295.33 $382,970.93 N/A N/A balance Al Roberts YTD available budget bal 34.97% 28.30% N/A N/A Al Roberts Unreserved Fund $ $ $ $ (4,381.16) balance/(deficit) as of (271,714.92) (11,576.66) (2,505.34) 9/8/2010 CSEA $2,301.66 Deficit Deficit Deficit Deficit Vendor DB (Highway) HG (Carnwath Project) HGC (Highway Garage Reconstruction/ Generator) HNC (Cider Mill Loop Water Tank Rehabilitation Project) Camo Pollution Camo Pollution Central Hudson NyComco Poughkeepsie Jrnl Poughkeepsie Jrnl James Baisley $385.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $280.50 $1,354.66 $285.50 $49.50 Sir Speedy CSEA $2,301.66 Emblem Wells Fargo Financial Wells Fargo Financial Susan Dao Public Entity Trust $2,412.16 George Kolb George Kolb WB Mason WB Mason Duality Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Hannaford Great America Leasing Delta Dental Stephanie Gallaher Ana Cargile Sam's Club Totals $5,379.32 $1,354.66 $285.50 $49.50 Town of Wappinger Page 24 Printed 911 712 01 0 Town Board Meeting Minutes September 13, 2010 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Unreserved Fund balance/(deficit) as of 9/8/2010 $2,553,172.00 N/A $1,732,130.41 $28,575.09 $29,351.65 $0.00 $791,689.94 N/A 31.01% NIA $ 465,868.78 $ 7,439.94 N/A $74,142.39 $0.00 N/A N/A $ 118,003.54 N/A $4,697.41 $0.00 N/A N/A $ 412,586.03 Vendor HWA (Water System Demolition LC (Camel! Light) LD ( Chelsea Light) LH (Hughsonville Light) Camo Pollution $31,809.00 $634.99 $7,048.92 $20,274.75 Camo Pollution $0.00 $0.00 $0.00 $0.00 Central Hudson N/A $82.60 $903.63 $2,608.28 NyComco Poughkeepsie Jrnl N/A 18.07% 26.76% 40.33% Poughkeepsie Jrnl $ $ 918.52 $ 4,706.71 $ 21,039.46 James Baisley 73,191.00 Al Roberts Al Roberts Al Roberts $33.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Sir Speedy CSEA Emblem Wells Fargo Financial Wells Fargo Financial Susan Dao Public Entity Trust George Kolb George Kolb WB Mason WB Mason Duality Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Hannaford Great America Leasing Delta Dental Stephanie Gallaher Ana Cargile Sam's Club Totals $33.00 $82.60 $903.63 1 $2,608.28 2010 Adjusted Budget N/A $775.00 $9,625.00 $33,980.00 YTD Actual Expended $31,809.00 $634.99 $7,048.92 $20,274.75 YTD Encumbered $0.00 $0.00 $0.00 $0.00 YTD available budget N/A $140.01 $2,576.08 $13,705.25 balance YTD available budget bal % N/A 18.07% 26.76% 40.33% Unreserved Fund $ $ 918.52 $ 4,706.71 $ 21,039.46 balance/(deficit) as of 73,191.00 Town of Wappinger Page 25 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 9/8/2010 Vendor SF (Sewer Fleetwood) SM (Sewer Mid Point) SI (Sewer Improvement # 1) SR (Rockingham Sewer District) Camo Pollution (Phase 3A (Sewer (Escrows) Fees) Camo Pollution $7,958.33 $9,500.00 $24,541.67 $16,166.67 Central Hudson NyComco Poughkeepsie Jrnl $1,567.33 $1,567.33 Poughkeepsie Jrnl James Baisley Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $55.00 $55.00 Al Roberts Al Roberts Al Roberts Al Roberts $414.00 $414.00 Sir Speedy CSEA Emblem Wells Fargo Financial Wells Fargo Financial Susan Dao Public Entity Trust George Kolb George Kolb WB Mason WB Mason Duality Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Hannaford Great America Leasing Delta Dental Stephanie Gallaher Ana Cargile Sam's Club Totals $7,958.33 $9,500.00 $26,578.00 $18,203.00 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Unreserved Fund balance/(deficit) as of 9/8/2010 $99,100.00 $72,962.47 $0.00 $26,137.53 26.37% (12,540.57) Deficit $116,200.00 $88,146.55 $0.00 $28,053.45 24.14% $639,509.00 $418,521.15 $0.00 $220,987.85 34.56% $ (28,699.54) $ 9,370.76 Deficit $420,816.00 $290,466.82 $0.00 $130,349.18 30.98% (116,277.22) Deficit Vendor SV SW T92 T96 (Road (Phase 3A (Sewer (Escrows) Fees) Sewer) Wildwood) Camo Pollution Town of Wappinger Page 26 Printed 911712010 Town Board Meeting Minutes September 13, 2010 Camo Pollution $14,125.00 $13,050.00 WT (Tall Trees) WU (Wappingers United) Central Hudson $2,200.00 $1,516.67 $2,875.00 $65,840.42 NyComco Poughkeepsie Jrnl $1,567.34 Poughkeepsie Jrnl James Baisley Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $66.00 Al Roberts $104.50 Al Roberts $2,442.00 Al Roberts $99.00 Al Roberts $198.00 Al Roberts $414.00 Sir Speedy CSEA Emblem Wells Fargo Financial Wells Fargo Financial Susan Dao Public Entity Trust George Kolb George Kolb WB Mason WB Mason Duality Stormwater Mgmnt $800.00 Stormwater Mgmnt $50.00 Stormwater Mgmnt $1,375.00 Stormwater Mgmnt $350.00 Stormwater Mgmnt Hannaford Great America Leasing Delta Dental Stephanie Gallaher Ana Cargile Sam's Club Totals $16,210.84 $13,050.00 $5,215.00 $99.00 2010 Adjusted Budget $1,275,278.00 $161,100.00 N/A N/A YTD Actual Expended $972,797.33 $118,702.81 N/A N/A YTD Encumbered $0.00 $0.00 N/A N/A YTD available budget $302,480.67 $42,397.19 N/A N/A balance YTD available budget bal % 23.72% 26.32% N/A N/A Unreserved Fund $ 558,550.99 $ N/A N/A balance/(deficit) as of (31,679.62) 9/8/2010 Deficit Vendor WF (Fleetwood) WH (Watch Hill) WT (Tall Trees) WU (Wappingers United) Camo Pollution $2,200.00 $1,516.67 $2,875.00 $65,840.42 Camo Pollution Central Hudson NyComco Poughkeepsie Jrnl Poughkeepsie Jrnl James Baisley Al Roberts Al Roberts Al Roberts $66.00 Al Roberts Al Roberts Town of Wappinger Page 27 Printed 911712010 1 Town Board Meeting Minutes September 13, 2010 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Sir Speedy CSEA Emblem Wells Fargo Financial Wells Fargo Financial Susan Dao Public Entity Trust $67.95 George Kolb George Kolb WB Mason WB Mason Duality Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Hannaford Great America Leasing Delta Dental Stephanie Gallaher Ana Cargile Sam's Club Totals $2,200.00 $1,516.67 $2,875.00 $65,974.37 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Unreserved Fund balance/(deficit) as of 9/8/2010 $99,108.00 $41,923.97 $0.00 $57,184.03 57.70% 29,833.38 $35,300.00 $19,892.32 $0.00 $15,407.68 43.65% $ 29,141.30 $38,088.00 $28,764.89 $0.00 $9,323.11 24.48% (6,955.26) Deficit $1,579,922.00 $1,341,481.89 $0.00 $238,440.11 15.09% $ 1,027,764.18 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 September 13, 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 -2010-285 Yes/Aye No/Nay Abstain Absent E21 Adopted Christopher Colsey Voter 121 ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ 0 ❑ Defeated Vincent Bettina Seconder D ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter E1 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-278 Resolution Authorizing 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: Town of Wappinger Page 28 Printed 911712010 Town Board Meeting Minutes September 13, 2010 Claim Packet: 2010QQ Vendor CAMO Pollution A (Townwide) $25.00 B (PartTown) DB (Highway) (Cameli CAMO Pollution $25.00 Light) Central Hudson $183.83 CAMO Pollution Central Hudson $799.41 CAMO Pollution Central Hudson $69.26 Central Hudson James Baisley $175.00 Central Hudson James Baisley $175.00 Central Hudson Pine Bush Equip $1,036.16 Pine Bush Equip $751.35 West Payment Center $148.00 West Payment Center $321.60 HO Penn $206.62 First Unum Life $232.99 $70.91 $151.95 Global Translation $420.00 Hillman Signs $102.00 Zee Medical $52.51 PETA NY $339.74 $577.56 $2,412.16 Community Energy RDS $89.00 Toshiba $476.71 Poland Springs $205.67 WB Mason $259.90 WB Mason $14.83 All State Big Top Portables $125.00 Big Top Portables $371.00 $210.12 Ken Lynn $193.14 Cornerstone $445.51 $76.83 Clark Patterson Lee Paetec $849.39 John Dimartino $2,300.00 Totals $8,158.49 $1,024.42 $4,660.24 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal % Unreserved Fund balance/(deficit) as of 8/30/2010 $3,483,404.00 $1,353,147.00 $2,553,172.00 $2,171,923.64 $928,375.76 $1,707,671.30 $4,636.00 $0.00 $18,912.90 $1,306,844.36 $424,771.24 $826,587.80 37.52% 31.39% 32.37% $ $ (6,463.60) $ 500,766.64 (216,732.35) Deficit Deficit Vendor LC LD LH (Cameli ( Chelsea (Hughsonville Light) Light) Light) CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Town of Wappinger Page 29 Printed 911 712 010 Town Board Meeting Minutes September 13, 2010 James Baisley James Baisley Pine Bush Equip Pine Bush Equip West Payment Center West Payment Center HO Penn First Unum Life Global Translation Hillman Signs Zee Medical PETA NY Community Energy $1.71 $42.45 $125.62 RDS Toshiba Poland Springs WB Mason WB Mason All State Big Top Portables Big Top Portables Ken Lynn Cornerstone Clark Patterson Lee Paetec John Dimartino Totals $1.71 $42.45 $125.62 2010 Adjusted Budget $775.00 $9,625.00 $33,980.00 YTD Actual Expended $552.39 $6,145.29 $17,666.47 YTD Encumbered $0.00 $0.00 $0.00 YTD available budget balance $222.61 $3,479.71 $16,313.53 YTD available budget bal % 28.72% 36.15% 48.01% Unreserved Fund balance/(deficit) $ $5,610.34 $ 23,647.74 as of 8/30/2010 1,001.12 Vendor CAMO Pollution T14 (All State) T92 (Escrows) T96 (Road Inspection) WU (Wappingers United) CAMO Pollution Central Hudson Central Hudson Central Hudson James Baisley James Baisiey Pine Bush Equip Pine Bush Equip West Payment Center West Payment Center HO Penn First Unum Life Global Translation Hillman Signs Town of Wappinger Page 30 Printed 9/17/2010 Town Board Meeting Minutes Zee Medical PETA NY Community Energy RDS Toshiba Poland Springs WB Mason WB Mason All State $742.24 Big Top Portables Big Top Portables Ken Lynn Cornerstone Clark Patterson Lee $2,000.00 Paetec John Dimartino Totals $742.24 $2,000.00 2010 Adjusted Budget YTD Actual Expended YTD Encumbered YTD available budget balance YTD available budget bal Unreserved Fund balance/(deficit) as of 8/30/2010 September 13, 2010 $67.95 $1,413.00 $1,413.00 1$67.95 N/A N/A N/A $1,579,922.00 N/A N/A N/A $1,265,451.59 N/A N/A N/A $0.00 N/A N/A N/A $314,470.41 N/A N/A N/A 19.90% N/A N/A NIA $1,101,954.05 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 September 13, 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 -2010-278 A B DB (Townwide) (PartTown) (Highway) Yes/Aye No/Nay , Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ 0 ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. RESOLUTION: 2010-279 Resolution Authorizing 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: 201ORR Vendor A B DB (Townwide) (PartTown) (Highway) Town of Wappinger Page 31 Printed 911 712 010 r 11 Town Board Meeting Minutes September 13, 2010 CAMO Pollution $197.12 $1,353,147.00 $2,553,172.00 CAMO Pollution $2,237,775.63 $959,604.11 $1,726,751.09 Central Hudson $84.12 $0.00 $29,351.65 Central Hudson $4,088.19 $393,542.89 $797,069.26 Poughkeepsie Journal 35.63% $66.62 31.22% Southern Dtc News $ $2,272.42 $ Home Depot $44.00 (974.70) 471,248.10 Home Depot $8.94 Deficit Home Depot $108.72 Home Depot $35.78 Frontier Comm $22.52 Signal Graphics $219.92 DC Sheriff $3,649.03 $16,653.88 Anaconda Sports $136.50 Philip Ortiz Corp. $575.00 Eileen Manning Petty Cs $114.73 $60.88 Bostwick Sales $115.28 Adams Power Equip $158.93 Tire King $727.16 Staples $248.71 Staples $51.62 Staples $131.00 Dorothy Groak $18.25 Reserve Account $5,500.00 S & S Worldwide $216.37 Wells Fargo $168.97 Wells Fargo $374.40 Aflac Gellert & Klein $330.00 $82.50 Gellert & Klein Gellert & Klein Gellert & Klein $6,794.74 Dennis Skora $57.94 R. Costa Jaclyn Smith-Imm $13.50 Morris Associates $1,838.00 $4,189.20 $232.00 Morris Associates Morris Associates $212.52 $536.00 Morris Associates Morris Associates Clark Patterson Lee $625.00 Hudson Riv Vly Tours $870.00 HV Shred $322.80 Jones School Supply $91.75 Anthony Quaid $145.00 Wendy Paggiotta $142.00 Stephanie Gallaher $51.39 Totals $26,420.23 $25,198.05 $768.00 2010 Adjusted Budget $3,483,404.00 $1,353,147.00 $2,553,172.00 YTD Actual Expended $2,237,775.63 $959,604.11 $1,726,751.09 YTD Encumbered $4,636.00 $0.00 $29,351.65 YTD available budget balance $1,240,992.37 $393,542.89 $797,069.26 YTD available budget bal % 35.63% 29.08% 31.22% Unreserved Fund balance/(deficit) $ $ $ as of 9/2/2010 (248,949.36) (974.70) 471,248.10 Deficit Deficit Town of Wappinger Page 32 Printed 911712010 Town Board Meeting Minutes September 13, 2010 Vendor HFT (Underground Fuel tanks) HG (Carnwath Project) HN (Wappinger United 992R Project) CAMO Pollution CAMO Pollution $23,356.68 Central Hudson Central Hudson Poughkeepsie Journal Southern Dtc News Home Depot Home Depot Home Depot Home Depot Frontier Comm Signal Graphics DC Sheriff Anaconda Sports Philip Ortiz Corp. Eileen Manning Petty Cs Bostwick Sales Adams Power Equip Tire King Staples Staples Staples Dorothy Groak Reserve Account S & S Worldwide Wells Fargo Wells Fargo Aflac Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein Dennis Skora R. Costa $1,500.00 Jaclyn Smith-Imm Morris Associates $6,444.75 Morris Associates Morris Associates $638.00 $58.00 Morris Associates Morris Associates Clark Patterson Lee Hudson Riv Vly Tours HV Shred Jones School Supply Anthony Quaid Wendy Paggiotta Stephanie Gallaher Totals $638.00 $7,944.75 $58.00 2010 Adjusted Budget NIA N/A N/A YTD Actual Expended $19,420.82 $27,220.43 $58,137.27 Town of Wappinger Page 33 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 YTD Encumbered $0.00 $0.00 $0.00 YTD available budget balance N/A N/A NIA YTD available budget bal % N/A N/A N/A Unreserved Fund balance/(deficit) $ 40,441.67 $ $584,311.65 as of 9/2/2010 8,794.60 Vendor HNC (Cider Mill Loop Water Tank Rehabilitation Project) SI (Sewer Improvement # 1) SR (Rockingham Sewer District) CAMO Pollution CAMO Pollution Central Hudson Central Hudson Poughkeepsie Journal Southern Dtc News Home Depot Home Depot Home Depot Home Depot Frontier Comm Signal Graphics DC Sheriff Anaconda Sports Philip Ortiz Corp. Eileen Manning Petty Cs Bostwick Sales Adams Power Equip Tire King Staples Staples Staples Dorothy Groak Reserve Account S & S Worldwide Wells Fargo Wells Fargo Aflac Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein Dennis Skora R. Costa Jaclyn Smith-Imm Morris Associates $3,483.20 Morris Associates Morris Associates $3,389.66 $3,389.67 Morris Associates Morris Associates Clark Patterson Lee Hudson Riv Vly Tours HV Shred Jones School Supply Town of Wappinger Page 34 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 Anthony Quaid Wendy Paggiotta Stephanie Gallaher Totals $3,483.20 $3,389.66 $3,389.67 2010 Adjusted Budget N/A $639,509.00 $420,816.00 YTD Actual Expended $4,647.91 $391,943.15 $272,263.82 YTD Encumbered $0.00 $0.00 $0.00 YTD available budget balance N/A $247,565.85 $148,552.18 YTD available budget bal % N/A 38.71% 35.30% Unreserved Fund balance/(deficit) $ 412,635.53 $ $ (98,074.22) as of 9/2/2010 35,948.76 Deficit Vendor SV T16 T33 T92 (Phase 3A (Aflac) (Parkland (Escrows) Sewer) Trust) CAMO Pollution CAMO Pollution Central Hudson Central Hudson Poughkeepsie Journal Southern Dtc News Home Depot Home Depot Home Depot Home Depot Frontier Comm Signal Graphics DC Sheriff Anaconda Sports Philip Ortiz Corp. Eileen Manning Petty Cs Bostwick Sales Adams Power Equip Tire King Staples Staples Staples Dorothy Groak Reserve Account S & S Worldwide Wells Fargo Wells Fargo Aflac Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein Dennis Skora R. Costa Jaclyn Smith-Imm Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates $417.70 $49.50 $511.50 $101.80 $520.60 $33.50 $3,389.67 $67.00 Town of Wappinger Page 35 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 Clark Patterson Lee Hudson Riv Vly Tours HV Shred $7.20 Jones School Supply Anthony Quaid Wendy Paggiotta Stephanie Gallaher Totals $3,396.87 $417.70 $101.80 $1,182.10 Vendor T96 WU (Road (Wappingers Inspection) United) CAMO Pollution CAMO Pollution Central Hudson Central Hudson Poughkeepsie Journal Southern Dtc News Home Depot Home Depot Home Depot Home Depot Frontier Comm Signal Graphics DC Sheriff Anaconda Sports Philip Ortiz Corp. Eileen Manning Petty Cs Bostwick Sales Adams Power Equip Tire King Staples Staples Staples Dorothy Groak Reserve Account S & S Worldwide Wells Fargo Wells Fargo Aflac Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein Dennis Skora R. Costa Jaclyn Smith-Imm Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Clark Patterson Lee Hudson Riv Vly Tours HV Shred $1,273.00 $823.83 Town of Wappinger Page 36 Printed 9/17/2010 Town Board Meeting Minutes September 13, 2010 Jones School Supply Anthony Quaid Wendy Paggiotta Stephanie Gallaher Totals $1,273.00 $823.83 2010 Adjusted Budget N/A $1,579,922.00 YTD Actual Expended N/A $1,275,573.53 YTD Encumbered N/A $0.00 YTD available budget balance N/A $304,348.47 YTD available budget bal % N/A 19.26% Unreserved Fund balance/(deficit) as of N/A ❑ 9/2/2010 ❑ $1,093,672.54 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 September 13, 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 -2010-279 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ 0 ❑ Defeated ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 13, 2010 The Resolution is hereby duly declared adopted. XVII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni ABSENT: William Beale The meeting adjourned at 9:13 PM. � �-k (Y', 1A �- ohn C. Masterson Town Clerk Town of Wappinger Page 37 Printed 9/17/2010