TOWN OF STANFORD TOWN BOARD
TOWN OF STANFORD TOWN BOARD
MINUTES OF THE MAY 10TH, 2012 MEETING
The Town of Stanford Town Board convened for their monthly meeting on Thursday, April 12th, 2012 at 7:30 PM at the Stanford Town Hall. Supervisor Virginia Stern called the meeting to order at 7:30 PM, and asked for a moment of silence to reflect on those giving their lives so that we can have peace.
Roll Call: Virginia Stern – present
Johanna Shafer – present
Joseph Norton – present
Thomas Dewhirst – present
Mark D’Agostino - present
Also in attendance was Attorney for the Town William Bogle, Jr.
PUBLIC HEARING: PROPOSED LOCAL LAW #4: TO ENACT A NINE (9) MONTH EXTENSION TO THE MORATORIUM ON THE SUBDIVISION AND DEVELOPMENT OF LAND IN THE TOWN OF STANFORD IN ORDER TO REVISE THE SUBDIVISION AND LAND USE REGULATIONS
A motion was made by Virginia Stern, seconded by Johanna Shafer, to close the regular meeting and enter into the public hearing. Mention was made that this local law had been forwarded to the Dutchess County Planning Department and they had replied that it was a matter of local concern. Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
No comments were heard.
A motion to close the public hearing was made by Virginia Stern, seconded by Mark D’Agostino. Roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes. Motion carried.
PRIVILEGE OF THE FLOOR:
Judy Mackie, Salt Point Turnpike – was dismayed with the actions of the Town Board; no courtesy or respect shown. Should set an example for the community of cooperation and work together.
Andy Lawson, S. Anson Road – requested for the second time that the Board reinstate the second privilege of the floor at the end of the meeting and address any disagreements.
Melissa Burdick, Halas Way – was upset that her neighbor was taking pictures on her property; was tired of this ATV matter but added that a child was injured on a dirt bike.
Wendy Burton Brous, Hunns Lake Road – read a letter to the Board stating that she was dismayed that the Board had voted against having a Cablevision government channel. She contacted several other towns who had one and everyone was very pleased, as well as speaking with Cablevision’s Roger Connor. The grant would cover most of the costs while the $450 bill to have utilities placed in the closet could be covered by donations, or she would even pay for it herself. Hopes the Board would reconsider.
Mel Eiger, Attlebury Hill Road – also spoke about this Cablevision channel, adding that the high school had volunteered to help; no video last month.
With the Board’s permission, the Town Clerk read a letter from resident Dave Albenda regarding his neighbor’s ATV/dirt bike track on Halas Way.
Ernie Gent, Route 82 – enough had been said about this matter; it’s a neighbor dispute and it should be over with.
Councilman D’Agostino gave the Clerk two additional letters to read, from Farley Churton and Jessica Churton. They both requested that their names be removed from the petition they had signed regarding the ATV issue.
Adam Munderback, Tic Toc Way – wasting time on this matter; added that the videographer had acted inappropriately and this was all a waste of time.
Mike Shafer, Decker Road – two signatures were about 2% of the petition.
Dave Albenda, Halas Way – had received another 56 more names for his petition and read a similar letter that had already been read.
Charles Hanlon, Hobbs Lane – spoke of his neighbor running an ATV on his lawn, 30 ft. away from his property line, and thought that all should be cognizant of their neighbors and do this at a reasonable distance.
Margaret Schuyler, Halas Way – did not appreciate photos taken of her property; has tried to stay neutral over this issue and has not spoken up before.
Town Board Minutes
5/10/12, page 2
Kyle Burdick, Halas Way – his boys have ATVs but always have the proper equipment; disagreed with statement that they rode them for 145 hours per month.
REPORTS:
COUNTY LEGISLATORS REPORTS: Both Legislators Kelsey and Sherman were present.
Legislator Kelsey spoke of two local laws and four bonds that were before the Legislature: a tax exemption law for the disabled and an historical archives law. Two large bonds were designated for vehicles and roads and highways, while two smaller ones were for repairs to the sheriff’s office and the mass transit building, as well as new printers for central services and the Board of Elections, as well as highway equipment. Leg. Sherman stated that Mr. Kelsey had covered the matters well, and added that he had looked at these financial matters with new eyes and wanted to take care of the tax dollars spent.
LIAISON REPORTS:
Councilman Tom Dewhirst gave his report from the recent Zoning Board of Appeals meeting.
Councilman Mark D’Agostino reported from the recent Recreation Commission meeting and added that Master Plan Committee’s letter would be discussed later on in the meeting.
Councilman Joseph Norton stated that the Farm & Agriculture committee requested more time to look over the draft Master Plan, and added that he had attended the CAC meeting but did not have his notes.
Councilwoman Shafer spoke of the Fire Department’s latest calls, and reported on the Planning Board’s recent agenda.
SUPERVISOR’S REPORT: Supervisor Stern spoke of her plans to produce a Supervisor’s budget and work on the budget in a different way this year, that the DEC had mentioned several issues with the Kading mine expansion plan, and that June 9th at the Lions Club Flea market, there would be a rain barrel-making workshop.
HIGHWAY SUPERINTENDENT’S REPORT: Highway Supt. Jim Myers was not present.
APPROVAL OF MINUTES:
The Minutes of March 29th, 2012 and April 12th, 2012 were approved as amended on a motion made by Virginia Stern, seconded by Johanna Shafer. Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
ACCEPTANCE OF AGENDA:
A motion to approve the agenda was made by Joseph Norton, seconded by Johanna Shafer, with two items added that had been left off in error: the Historian’s crock and the videographer. Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
OLD BUSINESS:
HISTORIAN’S REQUEST FOR CROCK: Historian Dorothy Burdick requested permission to purchase an old crock from 1882 that had been found in Rhinebeck. Mrs. Burdick spoke of this crock with the inscription “J H Miller Stanfordville” that could have held eggs and detailed the crock’s probable history. A motion was made by Virginia Stern, seconded by Johanna Shafer, to purchase this crock for $285.00, and that the funds to cover this purchase would be from the budget line for the Town Hall. Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
Town Board Minutes
5/10/12, page 3
1. STANFORDVILLE / BANGALL LIGHT DISTRICT PUBLIC HEARING: As no official proposal had been submitted, this public hearing was closed at the Board’s Special Meeting of May 7th, but any comments would be kept on file.
2. MORTAR SHOOT: After discussion regarding the receipt of another proposal from Ron Shaner for a mortar shoot for his artillery group, a motion was made by Virginia Stern, seconded by Johanna Shafer, to reconsider one more time this request for Sunday, July 29th. 2012. Roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – no; Thomas Dewhirst – no; Mark D’Agostino – no. Motion did not carry.
3. SCANNER FOR TOWN CLERK’S OFFICE: After discussion, this matter was tabled until June.
4. RECREATION COMMISSION VACANCY: On the recommendation of the Rec. Commission, a motion to appoint Richard Bell for this vacant seat was made by Virginia Stern, seconded by Joseph Norton. Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
5. EXTENSION OF COMMENT PERIOD FOR DRAFT MASTER PLAN: After discussion, a motion was made by Virginia Stern, seconded by Joseph Norton, to extend the open comment period for another sixty (60) days after the initial 45-day period had ended, roughly until the end of July. Roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes. Motion carried.
6. HIGHWAY GARAGE PROJECT: NEW WELL AND CHANGE ORDER: After discussion regarding these two matters, both were tabled until more information was received and the matter was discussed with the engineer. A motion to table the new well was made by Virginia Stern, seconded by Joseph Norton. Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes. A motion to table the change order was made by Johanna Shafer, seconded by Joseph Norton. Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
(The Board agreed to discuss #9 and #10 under New Business at this point in the meeting)
9. CAPITAL PROJECT RESOLUTION: A motion was made by Virginia Stern, seconded by Johanna Shafer, to transfer $325,000 into the Capital Project Fund for the new garage. After further discussion, the motion was tabled by Johanna Shafer, seconded by Virginia Stern, until the June meeting. Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
7. APPOINT NEW SCENIC ROADS COMMITTEE MEMBERS: As the change in the local law to increase the number of members for the Scenic Roads Committee from five to seven was adopted by the Board on Monday, May 7th, 2012, a motion was made by Virginia Stern, seconded by Joseph Norton, to appoint Nancy Kryzak and Cynthia Tripp as soon as this Local Law has been filed with the Secretary of State. Roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes. Motion carried.
8. HEALTH INSURANCE BROKER: A motion was made by Joseph Norton, seconded by Virginia Stern, to accept Marshall & Sterling proposal as health insurance broker. Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
Town Board Minutes
5/10/12, page 4
9. A.T.V. ISSUE: a motion was made by Virginia Stern to send this matter and the content of the submitted petition to the Master Plan Committee, the Conservation Advisory Commission and the Farm and Agriculture Committee to ask for their comments and feedback. The motion was seconded by Johanna Shafer. Roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – no. Motion carried.
NEW BUSINESS:
1. PROPOSED LOCAL LAW #4 - TO ENACT A NINE (9) MONTH EXTENSION TO THE MORATORIUM ON THE SUBDIVISION AND DEVELOPMENT OF LAND IN THE TOWN OF STANFORD IN ORDER TO REVISE THE SUBDIVISION AND LAND USE REGULATIONS:
RESOLUTION #26 of 2012
To Adopt Local Law #4 of 2012
A NINE (9) MONTH EXTENSION OF THE MORATORIUM ON
SUBDIVISION AND DEVELOPMENT OF LAND
IN THE TOWN OF STANFORD TO REVISE THE
SUBDIVISION AND LAND USE REGULATIONS
WHEREAS, the Town of Stanford [the “Town”], has adopted Zoning as a comprehensive codification to address orderly development in the Town of Stanford, which is codified in Town Code, Zoning, Section 164, and
WHEREAS, the Town of Stanford, as well as surrounding towns, have been presented with applications by individuals and or businesses who seek development of land for residential and commercial purposes, and
WHEREAS, the Town of Stanford has been presented with concerns by residents and people in the Town concerning open space, soil and water conservation and facilities, affordable housing, steep slopes, cluster development, municipal or private roads, right to farm, agricultural issues, including but not limited 4-H and Future Farmers of America, and such concerns, among others, are not properly addressed in the current subdivision and land use or planning regulations of the Town Code, and
WHEREAS, the Town of Stanford realizes the need for orderly development of land, consistent with its Master Plan, and to consider development for the current and future times, which must be balanced with the other concerns of the residents and people in the Town of Stanford, and
WHEREAS, the Town of Stanford seeks, through its Zoning Code, Subdivision of Land, Land Use Regulations and its Master Plan, to preserve the essential character of the Town of Stanford, balancing such interests of its residents, and
WHEREAS, the Town of Stanford seeks to revise its Zoning Code, Subdivision of Land and Land Use Regulations to update it consistent with the needs and concerns of the Town, its residents, and the surrounding towns, and
WHEREAS, the Town of Stanford has received numerous inquiries and applications for the new subdivisions of land, which will entail the creation, establishment, placement, construction of roads, houses, buildings and other structures, and it is reasonably expected that the Town of Stanford will receive additional inquiries and applications in the near future, and
WHEREAS, the Town of Stanford believes that the current Zoning, Subdivision of Land and Land Use Regulations do not adequately reflect the Town’s needs, goals, or concerns as to orderly development, and
WHEREAS, the Zoning Code of the Town of Stanford has been read and interpreted that if there is no specific provision for the stated or permitted use as defined therein for a certain activity or use, it is prohibited, and
WHEREAS, the Town wishes to implement laws and regulations to more effectively protect the health, safety and welfare of the community, and to assure the orderly development of land for residential and commercial purposes in the Town of Stanford, and
WHEREAS, the Town Board initially believed that a reasonable time for the Town to complete its aforementioned review, and for the Town to study, gather public comment and input, to hold hearings, and to have reasoned decisions on the same, and to enact any required legislation resulting therefrom was deemed to be 180 days from the date such local law enacting said moratorium is filed with the office of the Secretary of State; and
WHEREAS, the Town has requested information from the public, the Ad Hoc Master Plan Review Committee, the Planning Board, the Zoning Board of Appeals, and the CAC, as well from surrounding Towns, and
WHEREAS, the Town of Stanford developed and empowered an ad hoc Master Planning Committee, as well as several other committees or sub-committees, such as affordable housing, agricultural or farming, which have meet to study the possible changes to the Zoning Code, and such Master Planning Committee and other committees or sub-committees have recommended revisions to the Zoning Code to regulate land use development, zoning, and other factors including the Master Plan within the Town of Stanford, and
WHEREAS, the committees were formed, met and deliberated, and made recommendations, and the Town has received information and held joint meetings of the Town Boards or Commissions, committees and interested persons, as well as its Planning Consultant assist the Town in the review of the comments and information and for proposing a local law, and has analyze the same, and
WHEREAS, the Town Board held a public hearing on all of the information on the
Town Board Minutes
5/10/12, page 5
Comprehensive Plan, the work of the Codes Committee, and took public comment and input on the same on February 28, 2009, a meeting which was held on a Saturday to afford the most opportunity to attend, and has accepted public comment by submissions, and
WHEREAS, the Town Board is in the process of taking all of the comments, discussions, reviews and recommendations from all committees, interested parties, and the public under the current moratorium, and has had its consultant draft and propose new legislation and consider the same for adoption, which is still being formulated at this time, and
WHEREAS, the Town passed a local law enacting a 180 day Moratorium for the in the Town of Stanford on the issuance of permits by the Town of on applications for the development of land for residential and commercial purposes in the Town of Stanford, for the purpose of allowing the development of amendments to the Zoning Law [Chapter 164], Subdivision of Land Law [Chapter 140] and Land Use Regulations concerning the regulation, approval and permitting of such development and uses with an effective date of July 14, 2006, which by its terms would have expired on or about January 14, 2007, and the Town Board having by Local Law after a public hearing having extended such moratorium for an additional six months on December 27, 2006, which was filed in the New York Secretary of State on January 2, 2007, and would have expired on or about July 2, 2007, and the Town Board having by Local Law after a public hearing having extended such moratorium for an additional six months on June 14, 2007, which was filed in the New York Secretary of State on June 20, 2007, and would have expired on or about December 20, 2007, and the Town Board having by Local Law after a public hearing having extended such moratorium for an additional six months on December 18, 2007, which was filed in the New York Secretary of State on December 19, 2007, and would have expired on or about June 17, 2008, and the Town Board having by Local Law after a public hearing having extended such moratorium for an additional six months on June 8, 2008, which was filed in the New York Secretary of State on June 14, 2008, and the Town Board having by Local Law after a public hearing having extended such moratorium for an additional six months on December 7, 2008, which was filed in the New York Secretary of State on December 11, 2008, and the Town Board having by Local Law after a public hearing having extended such moratorium for an additional nine months on June 8, 2009, which was filed in the New York Secretary of State on June 11, 2009, which was to be a final extension through and including March 11, 2010, and the Town Board having by Local Law after a public hearing having extended such moratorium for an additional nine months on November 23, 2010 by the vote of the Town Board on such local law after a public hearing, which was filed with the New York Secretary of State on December 2, 2010, and the Town Board having by Local Law after a public hearing having extended such moratorium for an additional nine months on August 11, 2011 by the vote of the Town Board on such local law after a public hearing, which was filed with the New York Secretary of State on August , 2011, and
WHEREAS, the Town Master Plan Committee hired a consultant, and held public hearings, and has had a Draft of the Master Plan completed, which it has reviewed with the Town Board, however the same must now be reviewed and discussed, and additional time will be needed to hold public hearings to adopt the same, as well to complete SEQRA review prior to its adoption, and to consider draft legislation for the implementation of any changes to Zoning or Subdivision Laws, and
WHEREAS, the Town believes it to be in the best interests of all involved to make a careful study and consideration of the matter, and in doing so it needs additional time for the same, and as such needs to extend the Moratorium for an additional period of Nine (9) Months, which the Town believes is the shortest period needed to complete such legislation, complete its SEQRA review, hold the required public hearings on the Master Plan adoption and the Local Law adoption, which will be a comprehensive amendment to Zoning and other sections of its Code dealing with land use and planning. The Town Board needs the time to meet as a Board, review the recommendations, discuss the same with the consultant, draft proposed local laws, set public hearings, complete SEQRA review, and adopt the same, and the time period sought for this extension is the minimum time necessary for the proper review, planning and implementation of the same, and
WHEREAS, this moratorium is not meant to be prohibitive or exclusionary in nature, and during the moratorium, applications shall be accepted and considered by the Town Board, the Zoning Board of Appeals, the Planning Board, and the Building Inspector. This Moratorium is enacted to balance the aforementioned interests and rights, and done in the narrowest possible way so as to preserve and protect such interests and rights, pending final determination by the Town Board. To avoid any extreme hardships, a variance or waiver of this Moratorium is provided for in this Local Law. The Town Board, has during the period of this Moratorium, accepted, reviewed and decided such waiver requests, and will continue to do so if requested. In accepting an application during the period of this moratorium, however, no action shall be taken other than as permitted herein. Further, if an application is accepted and processed, it shall be done pursuant to Zoning Code in effect at the time of such consideration or final determination and
WHEREAS, the Town Board of the Town of Stanford referred this proposed Local Law (Number of 2012) to the Dutchess County Department of Planning pursuant to N.Y. General Municipal Law Section 239-m, and the County responded and commented and determined that it was a matter of Local Concern, and the Town Board held a public hearing on this proposed Local Law on May 10, 2012 at a Town Board Meeting, and
WHEREAS, the adoption of the extension of the land use moratorium is a Type II action under the New York State Environmental Quality Review Act [SEQRA], and as such, no EAF, review or negative declaration is required or completed.
NOW, BE IT RESOLVED by the Town Board of the Town of Stanford that it hereby adopts Local Law Number 4 for 2012 for a Nine (9) Month moratorium extension, effective upon the date of filing of this local law with the Secretary of State.
That on May 10, 2012, a motion was made by Supervisor Virginia Stern and seconded by Councilman Joseph Norton for the passage of the above referred Resolution by the Town Board of the
Town Board Minutes
5/10/12, page 6
Town of Stanford. A Roll Call vote was held, as follows:
Town Board Member Mark D’Agostino voted: Yes
Town Board Member Thomas Dewhirst voted: Yes
Town Board Member Joseph Norton voted: Yes
Town Board Member Johanna Shafer voted: Yes
Supervisor Virginia Stern voted: Yes
The Resolution was passed by the affirmative vote of the Town Board and thereby adopted.
Dated: May 10, 2012 Stanfordville, NY
2. RECREATION – CHLORINE BIDS: Upon the recommendation of Rec. Director Karla Triola, a motion was made by Virginia Stern, seconded by Joseph Norton, to accept the bid from Duso Chemical at $1.25 per gallon for bulk 15% sodium hypochlorite. Mrs. Triola recommended Duso because they have given the Town good service since 2009 and that the low bidder had not been responsive to her calls. Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
3. POND REPAIR BIDS: After discussion, the following resolution was offered:
RESOLUTION #27 OF 2012
Motion made by: Joseph Norton
Seconded by: Virginia Stern
A resolution to award the bid for the Recreation Pond repairs to Rosse Environmental of Millbrook, NY in the amount of $67,311 subject to the receipt of workman’s comp and general liability insurance information. The funds will come from the General Fund unexpended balance, with the hopes that FEMA will approve reimbursements for the majority of the repair costs. Roll Call Vote as follows: Supervisor Virginia Stern – yes; Councilwoman Johanna Shafer – yes; Councilman Joseph Norton – yes; Councilman Tom Dewhirst – yes; Councilman Mark D’Agostino – yes. Motion carried and the resolution was adopted this 10th day of May 2012.
4. ADVERTISE FOR TOWN ENGINEER: In accordance with the new Procurement Policy, a motion to advertise for engineering services was made by Virginia Stern, seconded by Joseph Norton. Roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes. Motion carried.
5. AGREEMENT TO ENTER INTO THE COOPERATIVE AGREEMENT WITH THE COUNTY TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT CONSORTIUM: The following resolution was read:
RESOLUTION #28 OF 2012
for the Town of Stanford to enter into a Cooperative Agreement with Dutchess County to participate in the Urban County Consortium
Whereas, the US Department of Housing and Urban Development has notified Dutchess County to begin the Urban County Qualification process for participation in the Community Development Block Grant Program; and
Whereas, Dutchess County requires that the Town of Stanford officially vote as to whether the Town will participate in the 2013-2015 Urban County Consortium; and
Whereas, participation in the Urban County Consortium will make the Town of Stanford eligible to apply for grants under the Community Development Black Grant Program which provides monies for various municipal and human services projects such as infrastructure, housing and handicapped accessibility improvements; and
Whereas, participation in the Urban County Consortium will also make the Town of Stanford eligible to participate in the HOME Program which provides monies for the meeting of housing needs for individual low and moderate income residents;
Now Be it Resolved that the Town Board of the Town of Stanford approves the Town’s participation in the 2013-2015 Urban County Consortium by approving the Ballot which states “The Town of Stanford intends to participate in the 2013-2015 Urban County Consortium”.
Motion made by: Councilwoman Johanna Shafer
Seconded by: Councilman Joseph Norton
Roll Call Vote as follows: Supervisor Virginia Stern – yes
Town Board Minutes
5/10/12, page 7
Councilwoman Johanna Shafer – yes
Councilman Joseph Norton – yes
Councilman Thomas Dewhirst – yes
Councilman Mark D’Agostino – yes
Certified this 10thday of May 2012
6. MASTER PLAN COMMITTEE’S REQUEST FOR DETERMINATION ON THE STATUS OF THE CONTRACT WITH VHB CONSULTANTS: After discussion, Attorney Bogle would contact VHB by letter to receive the “deliverables” still owed to the Town, the GIS maps and designs.
7. VERIZON WIRELESS CELL TOWER LEASE PROPOSAL: This matter was tabled until more information was received.
8. UNAUTHORIZED RELEASE OF SUPERVISOR’S CONFIDENTIAL AND PRIVATE INFORMATION: After discussion, the following resolution was read by Councilman D’Agostino: RESOLUTION #29 OF 2012
WHEREAS, the Town Board as elected officials of the Town of Stanford is committed to maintaining the public trust, and
WHEREAS, the Town Board is privy to confidential and privileged information which is not subject to the FOIL laws or made available except through majority vote of the Town Board as it is recognized the release of such confidential and privileged information could put the Town in an untenable position of defending lawsuits resulting from the release of such information, and
WHEREAS, confidential and privileged information from Supervisor Stern’s office was released and had become part of supporting information included in a lawsuit filed on April 1, 2011 in the Supreme Court of the State of NY, the Honorable Judge Charles Woods presiding. The petitioner Charles Shaw et all and defendant the Town of Stanford, Town of Stanford Zoning Board of Appeals, and
WHEREAS, Supervisor Stern has indicated she has no idea how the aforementioned confidential and privileged information from her office became part of the lawsuit filed by the petitioner Charles Shaw et all vs. defendant the Town of Stanford, Town of Stanford Zoning Board of Appeals and Supervisor Stern has said she did not release any information included in the lawsuit nor authorize the release or inclusion in the aforementioned lawsuit against the town of Stanford.
NOW THERE FORE BE IT RESOLVED that in order to maintain the public trust, the Town of Stanford Town Board requests the Duchess County District Attorney and/or the New York State Attorney General’s Office and the Town of Stanford Ethics Board conduct a full and complete investigation and inquiry to determine violations if any of Municipal ethics law 22-3, General municipal law-5A, NYS Penal Law-195.00 Official Misconduct and report their findings back to the Town Board, Town of Stanford for appropriate action, if any.
Motion made by: Councilman Mark D’Agostino
Seconded by: Councilman Joseph Norton
Roll call vote as follows: Virginia Stern – abstained;
Johanna Shafer – no;
Joseph Norton – yes;
Thomas Dewhirst – yes;
Mark D’Agostino – yes.
Resolution #29 of 2012 approved by the majority affirmative votes of the Town Board of the Town of Stanford this 10th day of May 2012.
OTHER: A motion was made by Joseph Norton, seconded by Johanna Shafer, to contract with Peter Skorewicz of Video Ventures Ltd., who was requested and was hired to tape this Board meeting, for his videographer services. Motion carried with a roll call
Town Board Minutes
5/10/12, page 8
vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
11. GENERAL FUND BUDGET RESOLUTION:
RESOLUTION #30 OF 2012
GENERAL FUND BUDGET RESOLUTION
Motion made by Supervisor Virginia Stern
Seconded by Councilwoman Johanna Shafer
WHEREAS, the Town Board of the Town of Stanford has expenditures for the adopted 2012 General Fund budget line items that will exceed the amount available in the below mentioned lines, and
WHEREAS, the Town of Stanford has funds available in other budget lines and needs to transfer funds to provide for expenses incurred,
NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Stanford hereby amends and transfers from and to the following budget lines for the adopted 2012 General Fund budget:
Account Increase Decrease
00-01-1010-42 – Town Board-Union consultant $ 405.00 ______
00-01-1990-40 – Contingency $ 1,205.82
00-06-7310-40 – Recreation – Zumba __ $ 1,145.00
00-07-8030-40 – Master Plan: copies, mailings $ 800.82
00-08-9010-80 – NYS Retirement $ 1,516.00
00-08-9040-80 – Workman’s Comp. audit $ 1,516.00_
TOTAL: $ 3,866.82 $ 2,721.82
Revenues
00-2001 Recreation - Zumba $ 1,145.00
TOTAL: $ 1,145.00
Roll call vote as follows: Virginia Stern – yes
Johanna Shafer – yes
Joseph Norton – yes
Thomas Dewhirst – yes
Mark D’Agostino – yes
Budget Resolution #30 of 2012 unanimously approved by the Town Board of the Town of Stanford this 10th day of May 2012.
12. APPROVAL OF ABSTRACTS: The May 2012 Abstract of Claims was approved for payment as follows on a motion made by Virginia Stern, seconded by Joseph Norton: General Fund check numbers 22640 – 22684, in the amount of $39,491.85; Highway Fund, check numbers 22685 - 22703, in the amount of $46,372.71; Stanfordville/Bangall Light District, check #22704, in the amount of $670.37; and Capital project Account-Highway Garage, check numbers 22705 - 22710, in the amount of $118,989.50. Total of Abstract #5 for May of 2012: $205,524.43.
Planning Board Escrow Abstract #5P: check numbers 814 - 816, in the amount of $323.20. Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
A motion was made by Virginia Stern, seconded by Joseph Norton, to adjourn the meeting at 10:15 PM and go into an Executive Session regarding threatened litigation. Roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes. Motion carried.
At 10:20 PM a motion was made by Virginia Stern, seconded by Johanna Shafer, to close the Executive Session and go back into the regular meeting Motion carried with a roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes.
With no action taken, a motion to adjourn the meeting at 10:21 PM was made by Virginia Stern, seconded by Joseph Norton. Roll call vote as follows: Virginia Stern – yes; Johanna Shafer – yes; Joseph Norton – yes; Thomas Dewhirst – yes; Mark D’Agostino – yes. Motion carried.
Respectfully submitted,
Ritamary Bell, Town Clerk
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