Supervisor Delafield called the meeting to order with the Pledge of Allegiance to the flag.

Transcription

1 MINUTES OF THE REGULAR MEETING OF THE HYDE PARK TOWN BOARD, HELD AT TOWN HALL, 4383 ALBANY POST ROAD, HYDE PARK, NEW YORK ON MONDAY, SEPTEMBER 28, 2009 AT 6:45 PM PRESENT: SUPERVISOR LAWRENCE H. DELAFIELD COUNCILMAN ROBERT LINVILLE COUNCILWOMAN VALERIE HAIL COUNCILWOMAN HANNAH BLACK COUNCILMAN RICHARD PERKINS DEPUTY TOWN CLERK DONNA McGROGAN TOWN ATTORNEY GEORGE RODENHAUSEN ABSENT: TOWN CLERK CAROLE A. CLEARWATER Supervisor Delafield called the meeting to order with the Pledge of Allegiance to the flag. MOTION: Councilwoman Hail SECOND: Councilman Perkins To enter Executive Session to discuss the personnel history of a particular individual. VOICE VOTE: 5 0 CARRIED at 6:45PM MOTION: Councilman Linville SECOND: Councilwoman Black To return from Executive Session. VOICE VOTE: 5 0 CARRIED at 7:02PM No decisions were made or actions taken. Deputy Town Clerk Donna McGrogan read the public hearing notice regarding the utilization of funding by the Town from the 2010 Community Development Block Grant Program to install sidewalks on Route 9G at East Market Street, as it appeared in the newspaper. PUBLIC COMMENTS: Carney Rhinevault, Town Historian presented a copy of the sign he would like to see erected along the proposed Rt. 9G sidewalk honouring World War II volunteers who stood watch for enemy airplanes. Kenneth Maher, Roosevelt Road, questioned if there was a map available showing the proposed location of the sidewalk. Supervisor Delafield stated that there was a location map available in his office and on the Town website. William Conn, Robert Rd., questioned location of curb cuts and maintenance issues. Supervisor Delafield stated that the details would be worked on later as this was the application for the grant only.

2 No further public comment. MOTION: Councilman Linville SECOND: Councilwoman Black To close public hearing. County Legislator Diane Nash read a resolution passed by the Dutchess County Legislature, commemorating Henry Hudson landing on the shores of Hyde Park. Recreation Director Kathleen Davis and Supervisor Delafield presented Boy Scout Ryan Devens, a certificate of appreciation for his fundraising efforts and repairs made at the Town s Pinewoods Park. Supervisor Delafield congratulated the Hyde Park Police Department for their handling of the recent Hyde Park abduction of a young teenager. Their professional actions resulted in the safe return of this young girl. PUBLIC COMMENT ON RESOLUTIONS ONLY: Kenneth Maher, Roosevelt Road, asked questions on several resolutions and they were answered by Supervisor Delafield. Robert Clearwater, 9 Nichris La., again questioned why the Town was paying for lawn mowing of federal property. He also questioned the billing practice of the company who performed the mowing. Supervisor Delafield and Councilman Perkins explained the process and stated that they would look into improving it. RESOLUTION 9:28-1 OF 2009 RESOLUTION SETTING A PUBLIC HEARING WITH REGARD TO SPECIAL DISTRICT ASSESSMENT ROLLS BE IT RESOLVED, that the Town Board of the Town of Hyde Park hereby sets the 26 th day of October, 2009 at 7:00 p.m. at the Town Hall of the Town of Hyde Park, 4383 Albany Post Road, Hyde Park, New York, as and for the date, time and place of a Public Hearing to be held at said Town Hall of the Town of Hyde Park to hear all interested parties with regard to special district assessment rolls for Arbors Water District, Greenfields Water District, Greenfields Sewer District, Greenbush Water District, Violet Avenue Water District, and Quaker Hill Water District; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to post and publish notice of said public hearing in the Poughkeepsie Journal, the official newspaper of the Town, not less than ten days, no more than twenty days before the hearing.

3 MOTION: Councilman Linville RESOLUTION 9:28 2 OF 2009 RESOLUTION ACCEPTING DONATION FROM ANTONIO MARQUEZ BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby accept from Antonio Marquez a donation in the amount of $500.00, to be utilized by the Town of Hyde Park for the purchase of a tree in memory of Margaret Marquez at the Crossroads. MOTION: Councilwoman Hail SECOND: Councilwoman Black RESOLUTION 9:28-3 OF 2009 RESOLUTION AUTHORIZING THE TOWN CLERK TO ADVERTISE FOR BIDS FOR HIGHWAY MATERIALS FOR 2010 WHEREAS, the Town of Hyde Park Superintendent of Highways has requested that the Town proceed with advertising for bids for the following highway materials for 2010: crushed stone bank run gravel/item #4 screened concrete structures bituminous mix (hot & cold) road oil liquid calcium tree service basin & pipe cleaning NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby authorize and direct the Town Clerk to advertise for bids for the above-listed highway materials for 2010 for use by the Town Highway Department, provided that the bid package is subject to review and approval by the Town Attorney. MOTION: Councilwoman Black SECOND: Councilman Linville

4 RESOLUTION 8:28-4 OF 2009 RESOLUTION ACCEPTING DONATION FROM DAVID L. STEINBERG BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby accept from the David L. Steinberg for Town Justice Committee a donation in the amount of $1,845.97, to be utilized by the Hyde Park Justice Court for the purchase of furniture, equipment, or other improvements to the Justice Court to be determined, subject to the approval of the Town Board. MOTION: Councilman Perkins 0RESOLUTION 9:28-5 OF 2009 RESOLUTION RELEASING ZONING BOARD OF APPEALS ESCROWS BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby authorize that the following Zoning Board of Appeals attorney escrow be returned to the applicants as set forth below: Applicant File # Engineer Escrow William T. Reilly Porta-Space, Inc (Interpretation) 08 PLANNER Attorney Escrow $ $ MOTION: Councilman Linville Councilman BlackAye 1RESOLUTION 9:28-6 OF 2009 RESOLUTION AWARDING BID FOR GREENFIELD SEWER DISTRICT SLUDGE REMOVAL

5 WHEREAS, a sealed bid for sludge removal for the Greenfield Sewer District was publicly opened and read pursuant to General Municipal Law, Section 103; and WHEREAS, the Senior Account Clerk for the Town has recommended that Residuals Management Services, Inc. d/b/a EarthCare is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby award the bid for sludge removal for the Greenfield Sewer District to Residuals Management Services, Inc. d/b/a EarthCare for the prices set forth in their bid, to wit: - Removal of approximately 90,000 gallons sludge per year: $ / 1,000 gals. - Removal of liquid sludge in 5,000 gallon loads, periodically: $ / 1,000 gals. - Emergency removal of liquid sludge: - during normal business hours: $ / 1,000 gallons - evening hours: $ / 1,000 gallons - weekends & holidays: $ / 1,000 gallons; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Hyde Park hereby authorizes and directs the Supervisor to sign an agreement with Residuals Management Services, Inc. d/b/a EarthCare for said services consistent with this resolution. MOTION: Councilwoman Hail SECOND: Councilwoman Black 1RESOLUTION 9:28-7 OF 2009 RESOLUTION AWARDING BID FOR LIQUID CHLORINE FOR YEARS 2010 TO 2012 FOR GREENFIELD WATER AND SEWER DISTRICTS, QUAKER HILL WATER DISTRICT AND HACKETT HILL PARK WHEREAS, a sealed bid for bulk delivery of liquid chlorine for the Greenfield Water and Sewer Districts, Quaker Hill Water District and Hackett Hill Park was publicly opened and read pursuant to General Municipal Law, Section 103; and WHEREAS, the Senior Account Clerk has recommended that ESC Environmental Inc. is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby award the bid for bulk delivery of liquid chlorine for the Greenfield Water and Sewer Districts, Quaker Hill Water District and Hackett Hill Park to ESC Environmental Inc. for the prices set forth in their bid; BE IT FURTHER RESOLVED, that the Town Board of the Town of Hyde Park hereby authorizes and directs the Supervisor to sign an

6 agreement with ESC Environmental Inc. for said services consistent with this resolution. MOTION: Councilwoman Black. Councilman BlackAye 1RESOLUTION 9:28-8 OF 2009 RESOLUTION AWARDING BID FOR REPAIRS TO THE HYDE PARK LANDFILL WHEREAS, sealed bids for repairs to the Hyde Park Landfill in the Town of Hyde Park were publicly opened and read pursuant to General Municipal Law, Section 103; and WHEREAS, Landworks of Hudson Valley submitted a base bid of $18,500.00, which was the lowest total bid received; and WHEREAS, the Town Engineer has recommended that Landworks of Hudson Valley is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby award the bid for repairs to the Hyde Park Landfill in the Town of Hyde Park to Landworks of Hudson Valley, for the total price of $18,500.00; and BE IT FURTHER RESOLVED, that the Supervisor of the Town of Hyde Park is hereby authorized and directed to sign an agreement with Landworks of Hudson Valley for said services consistent with this resolution. MOTION: Councilman Perkins RESOLUTION 9:28-9 OF 2009 RESOLUTION AUTHORIZING VACATION CARRY OVER FOR KEITH WALDRON BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby authorize Keith Waldron to carry over up to fourteen (14) hours of accrued vacation time which he was unable to use prior to his anniversary date of September 29, 2009 and that said carry over vacation time must be used no later than December 29, 2009.

7 MOTION: Councilman Linville 0RESOLUTION 9:28-10 OF 2009 RESOLUTION ACKNOWLEDGING RESIGNATION OF FULL TIME POLICE ASSISTANT JODI PATTERSON 1BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby acknowledge the resignation of Jodi Patterson as a full-time Police Assistant of the Hyde Park Police Department, effective as of October 5, MOTION: Councilwoman Hail SECOND: Councilman Linville RESOLUTION 9:28-11 OF 2009 RESOLUTION ADOPTING THE TOWN OF HYDE PARK WORKPLACE VIOLENCE PREVENTION POLICY IN ACCORDANCE WITH THE REQUIREMENTS OF NEW YORK STATE LABOR LAW 27-b WHEREAS, workplace violence is a serious safety and health concern; and WHEREAS, there are a number of measures that employers and employees can take to pro-actively prevent violence from occurring in workplaces; and WHEREAS, the New York State Legislature enacted the New York State Public Employer Workplace Violence Prevention Law (the Law) to ensure that public workplaces are evaluated and effective response and prevention strategies are implemented to prevent and minimize workplace violence; and WHEREAS, each public employer is required to adopt a Workplace Violence Policy Statement on the employer s workplace violence prevention program and objectives and provide for full employee participation through an authorized employee representative; and WHEREAS, the Law requires that every employer evaluate its workplace or workplaces and determine the presence of factors or situations in such workplace or workplaces that might place employees at risk of occupational assaults and homicides; and

8 WHEREAS, the Law requires that every employer with at least twenty (20) full time permanent employees develop and implement a written workplace violence prevention policy for its workplace or workplaces. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board of the Town of Hyde Park hereby adopts the Town of Hyde Park Workplace Violence Prevention Policy dated September 28, 2009, a copy of which is available in the Town Clerk s Office and incorporated by reference herein. 2. A copy of the Town s Workplace Violence Prevention Policy shall be available, upon request, to all Town employees, their designated representatives and the Department of Labor and shall further be posted where notices to employees are normally posted. 3. The Town shall further conduct an evaluation of its workplace to determine the presence of factors or situations in such workplace that might place employees at risk of occupational assaults and homicides. Upon completion of the evaluation, the Town shall develop and implement a written violence prevention program that must, at a minimum, include: (a) a list of the risk factors identified during the evaluation that are present in the workplace; and (b) the methods the employer will use to prevent incidents of occupational assaults and homicides at such workplace. 4. All employees of the Town shall be informed of the risk factors in their workplace or workplaces, and the location and availability of the written workplace violence prevention plan. 5. The Town shall also provide training to its employees, on a yearly basis, which shall include at least: (a) the measures employees can take to protect themselves from such risks, including specific procedures the employer has implemented to protect employees, such as appropriate work practices, emergency procedures, use of security alarms and other devices, and (b) the details of the workplace violence prevention plan. 6. A copy of the workplace violence prevention policy adopted hereby shall be incorporated into the Hyde Park Employee Handbook. MOTION: Councilwoman Black 1RESOLUTION 9:28-12 OF 2009

9 RESOLUTION APPROVING MEMORANDUM OF AGREEMENT WITH RESPECT TO THE FALL KILL WATERSHED WHEREAS, a Memorandum of Agreement has been prepared with respect to the Fall Kill Watershed to allow the municipalities within the Watershed to formally affirm their continuing partnership in order to protect, conserve, and enhance the water resources of the Fall Kill Creek and the Fall Kill Watershed; and WHEREAS, said Memorandum of Agreement would include the Towns of Clinton, Hyde Park, Poughkeepsie and the City of Poughkeepsie and provides the rationale for working together to promote protection, education and intermunicipal work throughout the Watershed. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby approve the Memorandum of Agreement with respect to the Fall Kill Watershed and does hereby authorize and direct the Supervisor to sign same, subject to review and approval by the Town Attorney. MOTION: Councilman Perkins SECOND: Councilwoman Black RESOLUTION 9:28-13 OF 2009 RESOLUTION AUTHORIZING SUPERVISOR TO SIGN MEMORANDUM OF AGREEMENT FOR THE CSEA EMPLOYEE BENEFIT FUND RETIREE DENTAL PLAN WHEREAS, in 2002, the CSEA Employee Benefit Fund created a Retiree Dental Plan to fill a need for employees who were previously covered by the Fund for dental benefits through their collective bargaining agreement and not covered into retirement for dental benefits; and WHEREAS, as the CSEA Employee Benefit Fund is a Trust Fund and not an insurance company, the retirees cannot directly access the Fund s Retiree Dental Plan unless it is connected in some way to an existing collective bargaining agreement; and WHEREAS, the Town Board of the Town of Hyde Park is in receipt of a Retiree Memorandum of Agreement for signature in order to tie retirees into the group so that the Fund may offer the retiree dental plan coverage to them prior to the expiration of their COBRA eligibility; and WHEREAS, said Memorandum of Agreement does not obligate the employer in any way as it relates to financial or administrative duties; and WHEREAS, the benefit is provided to the retirees at no cost to the employer and the Fund is responsible in providing all information

10 regarding the plan to the potential participants as well as handling the enrollment and billing of these participants. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby authorize and direct the Supervisor to sign the Memorandum of Agreement for the CSEA Employee Benefit Fund Retiree Dental Plan, subject to review and approval by the Town Attorney. MOTION: Councilman Linville RESOLUTION 9:28-14 OF 2009 RESOLUTION AUTHORIZING THE CROSSROADS COMMITTEE TO SELL NOTE CARDS TO HELP FINANCE THE CROSSROADS OF HISTORY QUADRICENTENNIAL EVENT WHEREAS, the Town Board has heretofore appointed a Crossroads Committee to work together in the planning of the Crossroads of History Quadricentennial event; and WHEREAS, the Committee has developed note cards to help finance the Crossroads of History sidewalk project; and WHEREAS, the Committee has requested that the Town of Hyde Park pay to have the cards printed and authorize the Committee to sell same on behalf of the Town; and WHEREAS, any proceeds received from the sale of the note cards will be used to reimburse the Town for the cost of the cards and any surplus of the proceeds will be used to pay for the Crossroads of History sidewalk project. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby authorize and direct the Crossroads Committee to sell the note cards developed for the Crossroads of History Quadricentennial event; and BE IT FURTHER RESOLVED, that the proceeds from said sale be utilized toward reimbursement of the Town for the cost of printing the cards and any surplus of the proceeds be utilized toward the Crossroads of History sidewalk project. MOTION: Councilwoman Hail SECOND: Councilwoman Black Councilman Linville Councilwoman Hail Councilwoman Black Councilman Perkins Aye Aye Aye Aye

11 1RESOLUTION 9:28-15 OF 2009 RESOLUTION TO AUTHORIZE TRANSFER OF EMERGENCY LIGHTS FROM AN OUT-OF-SERVICE HYDE PARK POLICE DEPARTMENT CAR TO A FIRE DISTRICT CAR OF THE ROOSEVELT FIRE DISTRICT WHEREAS, the Town Board of the Town of Hyde Park has received a request from the Assistant Chief of the Roosevelt Fire District to authorize the transfer of emergency lights from an out-ofservice Hyde Park Police Department car to a Fire District car to be used by the Assistant Chief; and WHEREAS, said emergency lights are surplus equipment to be removed from a 2005 Ford Crown Victoria (VIN #2FAHP71W15X146500) which is no longer needed by the Hyde Park Police Department; and WHEREAS, the Senior Account Clerk has recommended the surplus emergency lights be transferred to the Fire District car of the Assistant Chief of the Roosevelt Fire District. NOW, THEREFORE, BE IT RESOLVED, 1that the Town Board of the Town of Hyde Park does hereby declare the emergency lights of the 2005 Ford Crown Victoria (VIN #2FAHP71W15X146500) as a surplus and authorizes the Supervisor to have same transferred to the Fire District car of the Assistant Chief of the Roosevelt Fire District. MOTION: Councilwoman Black RESOLUTION 9:28-16 OF 2009 RESOLUTION AUTHORIZING APPLICATION FOR WATER QUALITY IMPROVEMENT GRANT FOR FALLKILL WATERSHED SEPTIC PROGRAM WHEREAS, the Town of Hyde Park, after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that the Fallkill Watershed Septic Outreach and Maintenance Program, as described in its application and attachments, herein called the Project, is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, the Environmental Conservation Law ( ECL ) authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Town deems it to be in the public interest and benefit under this law to enter into a contract therewith.

12 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park hereby authorizes as follows: 1. That Lawrence H. Delafield, Supervisor of the Town of Hyde Park, or his successor in office, is the representative authorized to act on behalf of the Town Board in all matters related to State assistance under ECL Articles 17, 51 and 56 and/or any applicable federal grant provisions. The Supervisor is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Town s governing body in all matters related to the Project and to State assistance. 2. That the Town agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project s field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation. 3. That one certified copy of this resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation. 4. That this resolution take effect immediately. MOTION: Councilman Perkins SECOND: Councilwoman Black RESOLUTION 9:28-17 OF 2009 RESOLUTION AUTHORIZING APPLICATION BY DUTCHESS COUNTY ON BEHALF OF THE MS4 COORDINATING COMMITTEE FOR A GRANT UNDER THE WATER QUALITY IMPROVEMENT PROGRAM WHEREAS, the Dutchess County Soil and Water Conservation District wishes to make an application to the State Water Quality Improvement Grant Program for the MS4 Coordinating Committee; and and WHEREAS, Town of Hyde Park is a member of said committee; WHEREAS, the Dutchess County Soil and Water Conservation District grant application will help the Town of Hyde Park meet its MS4 implementation goals. NOW, THEREFORE, BE IT RESOLVED that the Town of Hyde Park supports the application under the Water Quality Improvement Grant Program by the Dutchess County Soil and Water Conservation District on behalf of the MS4 Coordinating Committee; and

13 BE IT FURTHER RESOLVED, that the Town Board of the Town of Hyde Park hereby authorizes Dutchess County Soil and Water Conservation District to make said application to the New York State Department of Environmental Conservation for the proposed Water Quality Improvement Program projects. MOTION: Councilman Linville 0RESOLUTION 9:28-18 OF 2009 RESOLUTION AUTHORIZING GRANT APPLICATION TO THE DUTCHESS COUNTY MS4 COALITION FOR THE INSTALLATION OF RAIN GARDENS ON TOWN SITES WHEREAS, the Town Board of the Town of Hyde Park is in receipt of a proposal from Berger Engineering and Surveying for a rain garden program for the Town; and WHEREAS, in addition to reducing stormwater runoff, rain gardens increase the amount of water that filters into the ground which recharges local and regional aquifers; helps protect communities from flooding and drainage problems; helps protect streams and lakes from pollutants carried by urban stormwater; enhances the beauty of yards and neighborhoods; and provides a valuable habitat for birds, butterflies and many beneficial insects; and WHEREAS, the proposed program involves the construction and maintenance of rain gardens together with the installation of educational signage in nine locations throughout the Town; and WHEREAS, pursuant to the proposed program, an educational program will be implemented to demonstrate how to construct and maintain rain gardens, and a community outreach program will educate the public and encourage their help in developing artwork for the educational signage; and WHEREAS, the Supervisor of the Town of Hyde Park has recommended applying to the Dutchess County MS4 Coalition to request funds in the amount of $50, for the installation of rain gardens on town sites. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby authorize and direct the Supervisor of the Town of Hyde Park to sign the grant application for a Dutchess County MS4 Coalition Water Quality Grant in the amount of $50, for implementation of the rain garden program.. MOTION: Councilwoman Hail SECOND: Councilwoman Black

14 Councilman BlackAye RESOLUTION 9:28-19 OF 2009 RESOLUTION APPROVING NEW YORK BOARD AS ELECTRICAL INSPECTOR WHEREAS, electrical inspections in the Town of Hyde Park are governed by Chapter 51 of the Code of the Town of Hyde Park, entitled Electrical Inspections ; and WHEREAS, pursuant to Section 51-1 of the Code of the Town of Hyde Park, the Town Board has heretofore appointed various inspection agencies as authorized electrical inspectors and has deputized those agencies as agents of the Town of Hyde Park to make inspections and re-inspections of all electrical installations; and WHEREAS, Section 51-1 of the Code of the Town of Hyde Park authorizes additional agencies to be added from time to time by simple resolution of the Town Board upon a majority vote thereof, subject also to the approval of such inspection agency by Central Hudson Gas & Electric Corporation; and WHEREAS, New York Board has requested to be appointed by the Town Board as an electrical inspector for the Town of Hyde Park; and WHEREAS, Central Hudson Gas & Electric Corporation has authorized New York Board to perform electrical inspections in Central Hudson Gas & Electric s service territory in accordance with the Building Code of the State of New York NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby authorize and deputize New York Board as an agent of the Town of Hyde Park to make inspections of all electrical installations pursuant to the provisions of Chapter 51 of the Code of the Town of Hyde Park; and BE IT FURTHER RESOLVED, that such authorization shall be contingent upon New York Board s continued approval from Central Hudson Gas & Electric Corporation to perform electrical inspection services; and BE IT FURTHER RESOLVED, that New York Board must continuously maintain an insurance policy as required by Central Hudson Gas & Electric Corporation, which policy must list the Town of Hyde Park as an additional insured. MOTION: Councilwoman Black Councilman Linville Councilwoman Hail Councilman BlackAye Councilman Perkins Aye Aye Aye

15 RESOLUTION 9:28-20 OF 2009 RESOLUTION AUTHORIZING THE SUBMISSION OF THE FISCAL YEAR 2010 DUTCHESS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION WHEREAS, the Town of Hyde Park is participating in the Dutchess County Community Development Consortium for Fiscal Year 2010; and WHEREAS, input from citizens and groups has been received and considered and a public hearing duly noticed and held on September 28, 2009, to hear all those interested; and WHEREAS, an application has been prepared which addresses our community concerns. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby approve the Dutchess County Community Development Consortium Fiscal Year 2010 application for the Town of Hyde Park including the certifications included therein; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Hyde Park does hereby authorize and direct the Supervisor of the Town of Hyde Park to sign same and submit to the Dutchess County Department of Planning and Development upon review and approval by the Town Attorney. MOTION: Councilman Perkins SECOND: Councilwoman Black 1RESOLUTION 9:28-21 OF 2009 RESOLUTION AUTHORIZING FUNDS FOR LEGAL SERVICES WITH RESPECT TO PUBLIC SERVICE APPROVAL FOR AND TRANSFER OF ASSETS TO THE PINEBROOK WATER AND SEWER DISTRICTS WHEREAS, on August 24, 2009, the Town Board established the Pinebrook Estates Water District and the Pinebrook Estates Sewer District to serve the Pinebrook community in the Town of Hyde Park; and WHEREAS, on August 24, 2009, the Town Board also approved contracts of sale prepared by the Town Attorney for the purchase of the Pinebrook Estates water and sewer systems from Pinebrook Water Company and Pinebrook Sewer Company for $1.00 each and authorized and directed the Supervisor to sign said contracts, which he has done; and

16 WHEREAS, to transfer the water system from Pinebrook Water Company to the Town, the Town will have to obtain the approval of the Public Service Commission; and WHEREAS, to complete the transfer of the sewer and water assets to the Town and to make the Districts operational, it will be necessary to have the assistance of counsel to prepare all legal documents necessary for the transfer of the assets, obtain PSC approval and to perform related legal services. NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby authorize Rapport, Meyers, Whitbeck, Shaw & Rodenhausen, LLP to prepare all legal documents and applications necessary for the transfer of the assets and to perform related legal services and does hereby authorize funds for such services in an amount not to exceed $5,000.00, said amount to be reimbursed to the Town from the Sewer and Water Districts. MOTION: Councilman Linville RESOLUTION 9:28-22 OF 2009 RESOLUTION AUTHORIZING THE SALE OF SURPLUS TOWN VEHICLES AND EQUIPMENT WHEREAS, the County of Dutchess has invited the Town of Hyde Park to participate in their annual sale of surplus vehicles and equipment; and WHEREAS, the Town Board of the Town of Hyde Park is aware of four (4) surplus vehicles, one (1) surplus tractor and one (1) surplus roller from the Highway and Police Departments; and WHEREAS, the various departments and the Town of Hyde Park Senior Account Clerk are recommending the sale of the surplus vehicles. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town Of Hyde Park hereby authorize the sale of the following surplus vehicles by auction at the Dutchess County Annual Sale of Surplus Vehicles and Equipment with a ten (10%) percent sales commission to be paid to Dutchess County: 1995 Massey Ferguson Tractor Model # MF Ton Roller Model # B 1995 International Dump Truck 1HTSDAAR5SH International Dump Truck 1HTSDAAR6VH International Dump Truck 1HTSEAAR7SH Ford Crown Victoria 2FAHP71W15X Dodge 2B3KA43H56H465605

17 BE IT FURTHER RESOLVED, that the proceeds of the sale be deposited in the general fund for the Town Of Hyde Park. MOTION: Councilwoman Hail SECOND: Councilwoman Black Councilman BlackAye 1RESOLUTION 9:28-23 OF 2009 RESOLUTION AUTHORIZING USE OF REMAINING ROAD BOND PROCEEDS FOR IMPROVEMENTS ON MILL ROAD, SOUTH CROSS ROAD AND BENNETT ROAD WHEREAS, Superintendent of Highways Walter Doyle has reported to the Board that approximately $99, remains available from highway improvement road bond number 3; and WHEREAS, the Superintendent of Highways has recommended that said balance remaining on hand be used this year for correction of erosion at the Mill Road bridge, installation of two new sections of guiderail on South Cross Road and the remainder for drainage improvements and resurfacing of Bennett Road, to the extent of available funds; NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby authorize the road bond balance to be used this year for correction of erosion at the Mill Road bridge, installation of new guiderail on South Cross Road and for drainage improvements and resurfacing of Bennett Road, to the extent of available funds. MOTION: Councilman Perkins SECOND: Councilman Linville 0RESOLUTION 9:28-24 OF 2009 RESOLUTION APPOINTING MEMBER TO THE TOWN OF HYDE PARK BOARD OF ETHICS WHEREAS, the Town Board of the Town of Hyde Park has heretofore created a Board of Ethics consisting of five members with five year terms; and WHEREAS, there is currently one vacancy on the Board; and

18 WHEREAS, Juan F. Ocasio has expressed an interest in appointment to the Board and the Town Board considers him to be qualified to serve on the Board of Ethics. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby appoint Juan F. Ocasio to the Board of Ethics of the Town of Hyde Park, effective immediately, with a term that expires on February 28, MOTION: Councilwoman Black SECOND: Councilman Perkins RESOLUTION 9:28-25 OF 2009 RESOLUTION APPOINTING MEMBER TO THE TOWN OF HYDE PARK GREENFIELDS ADVISORY COMMITTEE WHEREAS, the Town Board of the Town of Hyde Park has previously created the Greenfields Advisory Committee; and WHEREAS, said Advisory Committee consists of six members with three year terms; and and WHEREAS, there are currently two vacancies on the Committee; WHEREAS, Lynn Carola has expressed an interest in being appointed to the Greenfields Advisory Committee and is qualified to serve on the Committee. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby appoint Lynn Carola to the Greenfields Advisory Committee for a three year term expiring on June 23, MOTION: Councilman Linville 0RESOLUTION 9:28-26 OF 2009 RESOLUTION ACKNOWLEDGING RESIGNATION AND REAPPOINTING MEMBER OF TOWN OF HYDE PARK CONSERVATION ADVISORY COUNCIL

19 WHEREAS, the Town Board of the Town of Hyde Park has heretofore established a Conservation Advisory Council consisting of five members with staggered two year terms; and WHEREAS, currently three terms expire December 31, 2010, two terms expire December 31, 2009, and one of the terms expiring December 31, 2010 is vacant; and WHEREAS, Emily Svenson, the chairperson of the CAC, has expressed a desire to resign from her term expiring December 31, 2009, and be reappointed to a term expiring December 31, 2010; and WHEREAS, Emily Svenson has done an excellent job as chair of the CAC and has produced several grant proposals for the Town of Hyde Park, among other projects. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby acknowledge and accept the resignation of Emily Svenson as a member of the Conservation Advisory Council, effective immediately; and 1BE IT FURTHER RESOLVED, that the Town Board of the Town of Hyde Park does hereby appoint Emily Svenson to fill the vacancy on the Conservation Advisory Council with a term ending December 31, 2010, effective immediately. MOTION: Councilwoman Hail SECOND: Councilwoman Black RESOLUTION 9:28-27 OF 2009 RESOLUTION APPOINTING MEMBER TO THE TOWN OF HYDE PARK CONSERVATION ADVISORY COUNCIL WHEREAS, the Town Board of the Town of Hyde Park has heretofore established a Conservation Advisory Council consisting of five members with staggered two year terms; and WHEREAS, currently three terms expire December 31, 2010, two terms expire December 31, 2009, and one of the terms expiring December 31, 2009 is vacant; and WHEREAS, has expressed an interest in being appointed to the Conservation Advisory Council and the Town Board has found Jenny Magnes to be qualified to serve on the Council. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby appoint Jenny Magnes to the Conservation Advisory Council for a term expiring on December 31, MOTION: Councilwoman Black

20 1RESOLUTION 9:28-28 OF 2009 RESOLUTION WAIVING BUILDING DEPARTMENT APPLICATION FEES FOR BUILDING PERMITS FOR THE CONSTRUCTION OF THE TOWN S CELL TOWER AND RELATED STRUCTURES IN THE TOWN OF HYDE PARK WHEREAS, the Town of Hyde Park has entered into a Master Management Agreement with JNS Enterprises, Inc. for the construction of a cell tower at the Town Highway Garage; and WHEREAS, the Town has completed a lot line alteration to assure that the tower will be located within the setback requirement of the zoning law; and WHEREAS, in order to save funds for the Town, the Town Board desires to waive any Building Department application fees for building permits for the construction of the cell tower and all related structures in the Town of Hyde Park. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby waive any and all Building Department application fees for a building permit for the construction of the cell tower and all related structures in the Town of Hyde Park. MOTION: Councilman Perkins SECOND: Councilwoman Black RESOLUTION 9:28 29 OF 2009 A RESOLUTION AUTHORIZING THE RECEIVER OF TAXES TO COLLECT THE WATER AND SEWER WARRANTS FOR VIOLET AVENUE WATER DISTRICT, THE ARBORS WATER DISTRICT, QUAKER HILL WATER DISTRICT AND GREENFIELDS WATER & SEWER DISTRICTS. WHEREAS, the Operator of the following Districts has submitted the warrants for collection, now, therefore, be it RESOLVED, that the Town Board of the Town of Hyde Park does hereby authorize the Receiver of Taxes to collect the following: Arbors Water District $ 9, Violet Avenue Water District $ 1,676.53

21 Quaker Hill Water District $ 15, Greenfields Sewer District $ 34, Greenfields Water District $ 24, MOTION: Councilman Linville SECOND: Councilman Perkins RESOLUTION 9:28-30 OF 2009 RESOLUTION AUTHORIZING BUDGET AMENDMENTS TO THE 2009 ADOPTED BUDGET AS IT PERTAINS TO ADDITIONAL FUNDING FOR A STENOGRAPHER, STREET SWEEPER, TREE REMOVAL AND TRANSFERRING EXCESS FUNDS FROM ONE SEASONAL BUDGET TO ANOTHER WHEREAS, the Supervisor for the Town of Hyde Park, has determined that an intra-departmental transfer of funds is necessary to update the 2009 adopted budget, and WHEREAS, the intra-departmental transfer of funds shall not result in any additional costs to the Town of Hyde Park, now, therefore, be it RESOLVED, that the 2009 adopted budget of the Town of Hyde Park be hereby amended as follows: Increase A Stenographer $ Decrease A Contracts $ A Conferences Increase DA Tree Removal $ 1, Decrease DA Drainage $ 1, Increase DA Rental of Equipment $ Decrease DA Uniforms $ Increase DA Regular Pay $ 4, DA Health Ins. Buyout 1, DA Medical Insurance 8, DA Longevity 4, DA Overtime 6, DA Optical Insurance 1, DA Dental Insurance 1, Decrease DA Longevity $ 5, DA Overtime DA Seasonal DA Social Security DA Medical Insurance 12, DA Optical Insurance DA Dental Insurance

22 7, DA Regular Pay MOTION: Councilwoman Hail SECOND: Councilman Linville RESOLUTION 9:28-31 OF 2009 RESOLUTION AUTHORIZING BUDGET AMENDMENTS OF THE 2009 ADOPTED BUDGET, AS IT PERTAINS ACCEPTING DONATIONS FOR CROSSROADS OF HISTORY, MEMORIAL TREE DONATION, LEGAL EXPENSES FOR PINEBROOK WATER AND SEWER DISTRICT, STENOGRAPHER COSTS FOR COURT, AND DEFICITS IN AUTO PARTS AND ROAD REPAIR WHEREAS, the Supervisor for the Town of Hyde Park, has determined that a budget amendment is necessary to update the 2009 Adopted budget, and WHEREAS, the budget amendment shall not result in any additional costs to the Town of Hyde Park, now, therefore, be it RESOLVED, that the 2009 Adopted budget of the Town of Hyde Park be hereby amended as follows: Increase A960 Appropriations $ The preceding is composed of the following: Subsidiary Appropriation account: A Tree Planting donation $ A510 Estimated Revenues $ The preceding is composed of the following: Subsidiary Revenue account: A2705 Donation $ This resolution uses $00.00 of General Fund s Unappropriated Fund Balance. Increase A960 Appropriations $ The preceding is composed of the following: Subsidiary Appropriation account: A Crossroads donation $ A510 Estimated Revenues $ The preceding is composed of the following: Subsidiary Revenue account: A2010 Donation $ This resolution uses $00.00 of General Fund s Unappropriated Fund Balance

23 Increase A960 Appropriations $ 5, The preceding is composed of the following: Subsidiary Appropriation account: A Stenographer $ A Pinebrook Water & Sewer 5, This resolution uses $5, of General Fund s Unappropriated Fund Balance. Leaves a balance of $ 1,164, Increase DA960 Appropriations $ 20, The preceding is composed of the following: Subsidiary Appropriation account: DA Auto Parts $ 10, DA Road Repair 10, This resolution uses $20, of Highway Fund s Unappropriated Fund Balance. Leaves a balance of $150, MOTION: Councilwoman Black RESOLUTION 9:28-32 OF 2009 RESOLUTION AUTHORIZING THE PAYMENT OF ABSTRACT 9 OF 2009 WHEREAS, the Hyde Park Town Board has audited the bills presented by the Town Clerk and an abstract has been compiled, now therefore, BE IT RESOLVED, that the Town Board authorizes the Town Supervisor to issue checks for the following: ABSTRACT 9 OF 2009 GENERAL FUND $156, (VOUCHER # s ) ABSTRACT 9 OF 2009 HIGHWAY FUND $98, (VOUCHER # s ( ) ABSTRACT 9 OF 2009 SPECIAL DISTRICTS $184, (VOUCHER # s ) MOTION: Councilman Perkins Councilman Linville Councilwoman Hail Councilwoman Black Aye Aye Aye

24 RESOLUTION 9:28-33 OF 2009 RESOLUTION COMMEMORATING HENRY HUDSON S ANCHORAGE AT HYDE PARK The Town of Hyde Park offers the following and moves its adoption: WHEREAS, on September 29, 1609, explorer Henry Hudson allegedly anchored his ship the Half Moon just off the spot where today s Crum Elbow Creek flows into the Hudson River in the Town of Hyde Park, and WHEREAS, this historic event for Hyde Park is recorded in the Half Moon s log, and WHEREAS, the walls of Hyde Park s own post office are adorned with murals, commissioned by President Franklin Roosevelt and painted by Olin Dows, that depict Hudson s visit, and WHEREAS, as the whole of the Hudson Valley celebrates the Quadricentennial of Hudson s famous voyage, it is important that we recognize and remember the part played by Dutchess County, and WHEREAS, the Dutchess County Legislature recognized this anchorage, now, therefore, BE IT RESOLVED, that the Town of Hyde Park on behalf of the residents of the town does hereby commemorate Henry Hudson s visit on September 29, 1604 on this the 400 th anniversary of that event. MOTION: Councilman Linville SECOND: Councilwoman Black ROLL CALL VOTE BY TOWN CLERK RESOLUTION 9:28-34 OF 2009 RESOLUTION AUTHORIZING GRANT APPLICATION TO PERMA FOR EXPENSES ASSOCIATED WITH THE EMPLOYEE BENEFITS/HEALTH FAIR TO BE HELD IN NOVEMBER WHEREAS, the Town of Hyde Park will be holding its first annual Employee Benefits/Health Fair on November 2, 2009; and WHEREAS, the Town s Workers Compensation carrier, PERMA (Public Employer Risk Management Association, Inc.), has a Wellness Grant Program designed to provide assistance to PERMA members who wish to develop a wellness program or enhance their current program by investing in wellness education, screenings and wellness-related equipment for their employees; and

25 WHEREAS, the maximum grant award for any one member is $ and members are eligible to apply each year; and WHEREAS, the Supervisor of the Town of Hyde Park has recommended applying to the PERMA Wellness Grant Program to request funds in the amount of $ for refreshments, raffle prizes and expenses associated with the Town s first annual Employee Benefits/Health Fair to be held on November 2, 2009; and WHEREAS, no matching funds are necessary for the grant application. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby authorize and direct the Supervisor of the Town of Hyde Park to complete and sign the PERMA Wellness Grant Program application in the amount of $ for expenses associated with the Town s first Employee Benefits/Health Fair to be held on November 2, 2009 at the Town Hall of the Town of Hyde Park. MOTION: Councilwoman Hail SECOND: Councilman Linville RESOLUTION 9:28-35 OF 2009 RESOLUTION AUTHORIZING GRANT APPLICATION TO THE COMMUNITY FOUNDATION OF DUTCHESS COUNTY FOR PROFESSIONAL DEVELOPMENT FOR TOWN OFFICERS AND EMPLOYEES WHEREAS, the Supervisor of the Town of Hyde Park has recommended applying to the Community Foundation of Dutchess County to request funds in the amount of $3,000,00 for professional development training for town officers and employees. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hyde Park does hereby authorize and direct the Supervisor of the Town of Hyde Park to complete and sign the Community Response Grant application of the Community Foundation of Dutchess County in the amount of $3, for professional development training for town officers and employees. MOTION: Councilwoman Black CORRESPONDENCE:

26 Supervisor Delafield read an commending everyone involved in the Crossroads of History Celebration. Supervisor Delafield read a thank you letter to the police department for two visitors return service to their car after becoming lost while hiking. He also read a letter thanking the Recreation Department for the AARP picnic. OLD BUSINESS: None NEW BUSINESS: Supervisor Delafield stated that the preliminary budget would be presented to the Board on October 5, PUBLIC COMMENT: Ken Maher, Roosevelt Rd., expressed disappointment that no one was allowed to speak during past meetings, regarding the School District SRO Officers. He questioned why they were needed and for how long they would be needed. William Conn, Robert Dr., spoke regarding petitions he passed regarding river access and a whistle stop. Steve Hughes, feels that having the SRO Officers in the school are a benefit to the community as they develop relationships with the students. Mike Taylor, Fallkill Rd., thanked the Board for coming up with an agreement with the School Board to be able to keep the SRO in place for this school year. Richard Anderson, W. Marshall Dr., discussed issues during his former term in office as County Clerk. He supports the sharing of services with other Towns. Herb Sweet, Covey Rd., questioned the degree of violence in our schools. Walt Doyle, Highway Superintendent, thanked the Board for the Highway Department dump truck. Councilman Linville stated that he supported the SRO Officers in the schools. Supervisor Delafield thanked Mr. Conn for his efforts, stating that he also supported the whistle stop. He also stated that he had already explored shared services with other towns. He also expressed delight in the maintaining of the SRO officers stating that he feels the school district needed to increase their share of the expenses. He explained that the union agreement is that SRO officers must be present any time that school is open. Councilman Linville stated that the SRO officers have been in the schools at least 10 years. MOTION: Councilwoman Hail SECOND: Councilman Linville

27 To adjourn meeting. VOICE VOTE: 5 0 CARRIED Meeting adjourned at 8:30PM. Respectfully submitted, Donna McGrogan Deputy Town Clerk