2014-03-24Town of Wappinger
Regular Meeting
- Minutes -
20 Middlebush Road
Wappingers Falls, NY 12590
townofwappinger.us
Joseph P. Paoloni
Town Clerk
Monday, March 24, 2014 7:30 PM Town Hall
I. Call to Order
Attendee Name
Barbara Gutzler
William H. Beale
Vincent Bettina
Ismay Czarniecki
Michael Kuzmicz
Robert Gray
David Stolman
Jim Horan
II. Salute to the Flag
Organization
Town of Wapping
Town of Wapping
Town of Wapping
Town of Wapping
Town of Wapping
Town of Wapping
Town of Wapping
Town of Wapping
III. Adoption of Agenda
Motion To: Amend the agenda
Title
Supervisor
Councilman
Councilman
Councilwoman
Councilman
Engineer to the Town
Town Planner
Attorney to the Town
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
William H. Beale, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Motion To: Motion to Adopt the Agenda
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
William H. Beale, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
IV. Minutes Approval
Monday, Febwary 24, 2014
Status Arrived
Present
Present
Late 7:37 PM
Present
Present
Present
Present
Present
Town of 11'appinger Page I Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Im
VI.
U
RESULT:
ACCEPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Ismay Czarniecki, Councilwoman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Correspondence Log
RESOLUTION: 2014-93
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 -2014-93
Yes/Aye
No/Nap
Abstain
Absent
Q adopted
❑ Adopted as Amended
Barbara Gutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Mover
El
❑
❑
❑
❑ Tabled
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Voter
Q
❑
❑
❑
Michael Kuzmicz
Seconder
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
Discussions
Martz Field Pavilion (Kuzmicz: Bob Gray)
Motion To: proceed with procuring the materials and with the Constriction of a Pavillion at
Martz Field
Councilman Kuzmicz opened the discussion and yielded to Engineer to the town, Bob
Gray for further details. He offered the two options for the pavilion, i.e. a 36 x 56 would
accommodate the campers and counselors at last year's enrollment and a 36 x 74 would
accommodate 200 campers and the 20 counselors. He identified the proposed location to be
north of the tennis courts next to the bathrooms and east of the ball field. He yielded the floor to
Recreation Director Ralph Holt. Ralph identified the decrease in enrollment in all recreation
programs indicating weather and not cost were a contributing cause.
Councilman Beale asked if the Pavilion could be used for other residents off-season and
upon confirmation, offered his support. Supervisor Gutzler, Councilman Bettina, and Ralph Holt
agreed. Supervisor Gutzler confirmed that costs would come out of the Parkland trust.
Councilman Bettina asked about the usage of other pavilions particularly at Castle point. Ralph
explained that this pavilion not in disrepair had not been advertised. Councilman Bettina asked
Town of 11'appinger Page 2 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
B.
C
for future efforts at the boat ramp as well in his ward. Supervisor Gutzler summarized that the
stricture would be the 36 x 74, wood stricture, and asked for a motion. Councilwoman
Czarnecki asked for the cost. Bob Gray replied $88,734. On another note, Councilman Kuzmics
moved Ms. Spinelli to the recreation committee, Councilman Beale seconded the motion.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
William H. Beale, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Motion To: Add member to the Rec Commitee
Councilman Kuzmics moved Anisa Spinelli to the recreation Commission, Councilman
Beale seconded the motion.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
William H. Beale, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Records Storage Building (Gutzler: Bob Gray)
Motion To: Allow the Engineer proceed with Cost Analysis on Records Storage Building
Engineer to the town, Bob Gray, opened the discussion. Currently records are stored at
Carnwath. In going through the amount of records he suggested a 41 x 32 square foot building
with a 20% expansion capability to accommodate the many court records stored in the town hall
attic. He also suggested adding a maintenance bay and detailed the location to be in the back
corner of the parking lot by the dumpster. He explained that storing records on-site would allow
for winterization of Carnwath and save on heating costs which cover the costs of constriction.
Gutzler pointed out that this would be approved by state archives as opposed to renting public
storage. Beale asked for the next step. Bob Gray promised cost estimates and alternatives. He
suggested a concrete block building to match the town hall look with a 50 year life metal roof.
Councilman Beale supported the project for reasons of climate control and proximity along with
the mitigation of record loss risk through fire for the files stored in the town hall attic.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
William H. Beale, Councilman
SECONDER:
Vincent Bettina, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Church of Sacred Mirrors permission to hook into water line for fire protection
(Gutzler/Beale: Bob Gray)
Motion To: Authorize the Town Engineer to Explore the Options for Connecting the Tall
Trees for Fire Protection Purposes
Town of 11'appinger Page 3 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Supervisor Gutzler opened the discussion about having the Church of Sacred Mirrors
connect to the water district for fire hydrant use only. Engineer to the town, Bob Gray,
explained the water main on the other side of Wheeler Hill road has an 8 inch service connection
that crosses the road and ends at their driveway. The facility can't be used for regular water use
until the DEP finishes using the water. He cited Alpine shopping center as an example of a
business that has the water district servicing only their fire needs. Councilman Beale asked how
this would affect their occupancy. Mr. Gray indicated that it should not change. Councilman
Beale was concerned about future regular use after the DEP finished using the water in the light
of disturbances that occurred their over the prior weekend. In that recent celebration 7,300
people were invited and a number that did attend parked along the road along with other
disturbing incidents. His concern is that opening this door would increase the potential use of
this property and thus inadvertently facilitate these types of events. He felt that before
entertaining anything, the town needs to make sure that these events are lawful, orderly, with
minimal impact on residents and that permits along with fire and ambulance services being made
aware. Councilman Bettina agreed. Supervisor Gutzler suggested putting this on hold. Beale
pointed out that we should first look into connecting Tall trees for fire protection. Bob Gray
pointed out that there is no way to separate domestic use from fire use at Tall Trees development.
Supervisor Gutzler suggested a motion to study putting Tall Trees on for Fire Protection first.
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Vincent Bettina, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
D. Ad Valorem study of extension of UWWD Route 9 to Smithtown Road (Gutzler: Bob Gray)
Bob Gray explained the study to bring water lines from McFarland road south to old
route 9 by N&S plumbing supply at stage coach drive. Also, the study included the west side of
route 9 from Old Hopewell Road, past cablevision, up to the area of the Highway department.
Councilman Czarnecki asked about the possibility of bringing the lines further north up New
Hackensack Road. Bob Gray indicated that we would have to go through the village.
Councilman Beale asked about connecting Fowlerhouse and South Fowlerhouse road. Bob Gray
pointed out that there is a limit that a resident can spend which doesn't apply to commercial
properties that would prefer spending the money to expand the water system rather than provide
a water treatment system. The cost is prohibitive for the few residents at the `Fowlerhouses'
because the expansion is paid for by the people benefiting from it, not the rest of the water
district.
E. Ridges at Old Hopewell Estates: 383 Old Hopewell Road re extension of UWWD and
UWSD (Czarniecki/Gutzler: Bob Gray)
Motion To: Set 15,000 Escrow to Study Water and Sewer
Attorney Richard Cantor explained his client's project that would subdivide property
creating 8 new lots in addition to the existing lot on old Hopewell road asking the expansion of
the water and sewer district to accommodate these new lots. His client explained that the
existing paper street would be brought up to standards to comply with town specifications for
eventual acceptance as a town read. This road would exit into the Shamrock hills development.
Escrows would be set at $15,000 for water and sewer.
Town of 11'appinger Page 4 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
F.
G.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ismay Czarniecki, Councilwoman
SECONDER: Vincent Bettina, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Sports Museum of Dutchess County re event on May 10
Motion To: Allow Sports Museum to hold Fly Fishing Event at Carnwath
Supervisor Gutzler summarized the letter on behalf of the Sports museum for a fly fishing
forum at the chapel and circular driveway not requiring the use of town personnel. Motion and
second brought to the table.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Paggi Engineers re Macho project in Oakwood Knolls (Czarniecki/Gutzler)
Christian Paggi presented a map for a project that would develop 6 buildings with 5 units
per building at 55 Myers Corners Road and 51 Myers Corners Road which is the office of Free
Line Builders would also be incorporated into this project increasing the maximum density under
RMF5 to the proposed 30 units. The plan for the age limit is 55 and older. Planner to the town,
David Stollman, asked if there would be a zoning change. Christian said that a zoning change
would be applied for from R20 to RMF5. David Stollman said that this was not identified in the
comprehensive plan and that the challenge would be to demonstrate that this would not be spot
zoning, i.e. a change in zone that would benefit the applicant as it surrounded by R20 zoning.
Councilwoman Czarnecki indicated the need to supply housing for an aging demographic.
Planner Stollman suggested a demographic senior overlay for age would increase the chances for
a successful rezone Vis a Vis the issue of spot zoning especially if it is concert with the goals of
the comprehensive plan. Lawrence Paggi came forward to point out that higher density zoning
exists not too far away and to clarify that it is targeted for senior housing but with allowances for
younger members with restrictions in time and number. He asked if the board is at a point to
move forward with significant design, SEQRA application and the like they would supply the
information. Councilman Bettina asked if this is similar to Toll Brothers project on All Angels
Hill road. Stollman agreed and added that the last time that this project was presented it was 18
times the current density and now it is 10 times the current density. Councilwoman Czarnecki
added that she was very much in favor of additional senior housing but would like more time to
review the project. Councilman Beale was concerned about the parcel surrounded by the project
referred to as "911955". Lawrence Paggi replied that the proposed community building is an
existing building with an existing commercial use (the former HB Office), and the project would
provide for more open space. Discussion ended pending more information and an intra -board
review.
Town of 11'appinger Page 5 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
H. Dial -A -Ride Contract
Motion To: Allow Supervisor to execute Agreement with Dial A Ride
Supervisor Gutzler asked the board to authorize the agreement with Dial a Ride.
Councilman Beale asked the supervisor to verify that the number of routes in 2014 vs. 2013
would stay the same having lost routes in the past. Supervisor Gutzler said she would pose the
question at the forthcoming Poughkeepsie Dutchess County Transit Council meeting in the next
few days. Discussion concluded.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Vincent Bettina, Councilman
SECONDER:
Michael Kuzmicz, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
VII. Public Portion
Motion To: Open the floor
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Vincent Bettina, Councilman
SECONDER:
Michael Kuzmicz, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Resident Statement
Gary Lindstrom asked about the timing on the Pavilion for use in November. Bob Gray
indicated that should be ample time. He further questioned who pays for the water when in use
for fire protection. Councilman Beale indicated that the water district pays for it and is opposed
to putting meters on hydrants. He indicated that the emergency effort would be compromised if
money gets involved. Gary also asked for confirmation that the applicant would be paying for
all the additions to the water district. The board confirmed.
Mary Schmalz spoke about the New Hamburg pavilion to serve as a model for our new
pavilion. She further pointed out that clearing snow in front of fire hydrants and it's cost to those
not able to do it themselves. She added that all these services being provided result in reduced
wetlands, reduced open spaces, larger government and higher property taxes. She questioned the
cost to the existing water district or the town with the NYC DEP expansion, and the equipment
being purchased particularly the "loader". Supervisor Gutzler indicated that this is purchased by
the United Water District for use within the Wappinger Water district. Councilman Bettina
indicated that money collected from the district pays for equipment. He further said
development has a minimal impact to the school district as a result of development, but with the
addition taxes coming in from newer homes or commercial enterprises, it reduces taxes. Mary
Schmalz replied that water taxes were under $50 per year now they are over $200 per year and
with all the new development the rate have come up. Councilman Bettina explained that they are
paying for their use, the same as everybody else. Councilman Beale explained that the loader is
good for cleaning out these fire hydrants.
Town of 11'appinger Page 6 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Carol Torsin representing Viscount Liquors and others as part of the commercial
enterprises interested in the water expansion spoke to ask for a stay of execution in water
treatment requirements given the fact that these treatment facilities would be rendered obsolete
once the municipal water system comes to fruition. Bob Gray indicated that they will know a
little more after a meeting on this subject in three weeks.
A representative of the Church of Sacred Mirrors rose to speak on the parking capacity
and thus the occupancy at that location. Councilman Beale pointed out that the parking does not
determine the occupancy and that they should take this discussion off line to find a solution.
Motion To: Close the floor
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
VIII. Public Hearings
Motion To: Open
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Vincent Bettina, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Local Law No. of the Year 2014, Designating a Stop Intersection of Edgehill Drive and
Edgehill Spur Drive
No comments.
RESULT:
CLOSED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Ismay Czarniecki, Councilwoman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Motion To: Open
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Ismay Czarniecki, Councilwoman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Town of 11'appinger Page 7 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
"Local Law No. Of the Year 2014, Amendments to Town of Wappinger Zoning Code
Establishing Standards for Outdoor Seating and Dimensional Requirement of Off- Street
Parking."
No comments.
RESULT: CLOSED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
IX. Resolutions
RESOLUTION: 2014-94
Resolution Adopting A Negative Declaration In Connection With Local Law Of 2014
Amending The Town's Zoning Chapter Establishing Standards For Outdoor Seating And
Dimensional Requirements Of Off -Street Parking
WHEREAS, the Town Board of the Town of Wappinger is entertaining a proposed
Local Law entitled, "Local Law No. of the Year 2014, Amendments to Town of Wappinger
Zoning Code Establishing Standards for Outdoor Seating and Dimensional Requirements of Off -
Street Parking;" and
WHEREAS, for the purpose of Article 8 of the Environmental Conservation Law, Part 617
NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Wappinger Environmental Quality Review Law (WEQR) which establishes locally designated
Type I actions), the Proposed Action is the adoption of the proposed Local Law; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I action
pursuant to SEQRA and WEQR; and
WHEREAS, in accordance with the requirements of SEQRA and WEQRA, the Town
Board is the only Involved Agency with respect to the Proposed Action and is therefore the Lead
Agency; and
WHEREAS, the Town Board has had a Full Environmental Assessment Form prepared
in connection with the 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 frilly set forth and resolved herein.
2. After conducting a "hard loop' at the Full Environmental Assessment Form and
other materials related to the Proposed Action, the Town Board hereby adopts the
attached Negative Declaration for the reasons stated therein, thereby finding that the
Proposed Action will have no significant adverse impact upon the environment and
thereby ending the SEQRA process.
3. The Town Clerk is directed to insert the date of the adoption of the Negative
Declaration on its first page and to file the Negative Declaration with the
Environmental Notice Bulletin as shown on its last page.
The foregoing was put to a vote which resulted as follows:
Town of 11'appinger Page 8 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
✓ Vote Record - Resolution RES -2014-94
Yes/Aye
No/Nap
Abstain
Absent
Q adopted
❑ Adopted as Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
El
❑
❑
❑
❑ Tabled
Vincent Bettina
Mover
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Voter
Q
❑
❑
❑
Michael huzmicz
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-95
Resolution Adopting "Local Law No. 1 Of The Year 2014, Amendments To Town Of
Wappinger Zoning Code Establishing Standards For Outdoor Seating And Dimensional
Requirements Of Off -Street Parking"
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled, "Local Law No. 1 of the Year 2014,
Amendments to Town of Wappinger Zoning Code Establishing Standards for Outdoor Seating and
Dimensional Requirements of Off -Street Parking"; and
WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and
the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing was held on March 24 2014 and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law
or any part thereof, and
WHEREAS, the Town Board has adopted a Negative Declaration of Significance in
connection with the amendments to the Town Code adopted herein; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds
that it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby adopts the Local Law
entitled, "Local Law No. 1 of the Year 2014, Amendments to Town of Wappinger
Zoning Code Establishing Standards for Outdoor Seating and Dimensional
Requirements of Off -Street Parking", a copy of which is attached hereto and made
a part of this Resolution.
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
into the Local Law book for the Town of Wappinger and shall file the Local Law
with the Secretary of State of New York as provided by law.
4. This Local Law shall become effective immediately upon filing with the
Secretary of State as provided by law.
The foregoing was put to a vote which resulted as follows:
Town of 11'appinger Page 9 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
✓ Vote Record - Resolution RES
-2014-95
Yes/Aye
No/Nap
Abstain
Absent
El adopted
❑ Adopted as Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
El
❑
❑
❑
❑ Tabled
Vincent Bettina
Mover
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Voter
Q
❑
❑
❑
Michael huzmicz
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-96
Resolution Adopting Local Law No. 2 Of The Year 2014, Designating A Stop Intersection
At The Northwest Intersection Of Edgehill Drive And Edgehill Spur Drive
WHEREAS, a Resolution Nvas duly adopted by the ToN-,n Board of the ToN-,n of Wappinger
introducing a proposed Local Law entitled "Local Law No. 2 of the Year 2014, Designating a Stop
Intersection at the Northwest Intersection of Edgehill Drive and Edgehill Spur Drive" for consideration of
adoption by the ToN-,n Board; and
WHEREAS, a Public Hearing Nvas duly advertised in the Southern Dutchess NeNvs, the official
newspaper of the Tovm, and the Poughkeepsie Journal; and
WHEREAS, a Public Hearing Nvas held on March 24, 2014 and all parties in attendance Nvere
permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part
thereof; and
WHEREAS, the ToN-,n Board determined that the proposed Local Law Nvas not subject to
environmental review; and
WHEREAS, the ToN-,n Board of the ToN-,n of Wappinger after due deliberation, finds that it is in
the best interest of the ToN-,n to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the ToN-,n Board of the
ToN-,n of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this
Resolution.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully
set forth and adopted herein.
2. The ToN-,n Board of the ToN-,n of Wappinger hereby adopts the Local Law
entitled "Local Law No. 2 of the Year 2014, Designating a Stop Intersection at
the NorthNvest Intersection of Edgehill Drive and Edgehill Spur Drive", a copy
of which is attached hereto and made a part of this Resolution.
3. The ToN-,n Clerk is directed to enter said Local Law in the minutes of this
meeting into the Local Law book for the ToN-,n of Wappinger and to give due
notice of the adoption of said Local Law to the Secretary of State of New
York.
4. Highwa-,T Superintendent, Graham Foster, is hereby further directed to place
a stop sign at the appropriate locations in accordance Nvith this Local Law
and to take any other necessary actions to implement the above mentioned
stop intersection as required in accordance Nvith the spirit and intent of this
Local Law.
The foregoing was put to a vote which resulted as follows:
Town of 11'appinger Page 10 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
✓ Vote Record - Resolution RES -2014-96
Yes/Aye
No/Nap
Abstain
Absent
El adopted
❑ Adopted as Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Voter
El
❑
❑
❑
❑ Tabled
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Seconder
Q
❑
❑
❑
Michael huzmicz
Mover
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-97
Resolution Introducing "Local Law No. Of The Year 2014, Amending Chapter 68,
Dog Control"
WHEREAS, the Town of Wappinger wishes to contract with the Dutchess County
SPCA to provide shelter for dogs seized by the Dog Control Officer; and
WHEREAS, the holding period requirements of the Dutchess County SPCA differ from
the requirements as contained in Chapter 68 of the Code of the Town of Wappinger; and
WHEREAS, this Local Law is intended to amend Chapter 68-12. Redemption of the
Code of the Town of Wappinger to coincide with the holding requirements of the Dutchess
County SPCA; and
WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5(c)(20) and is
otherwise exempt from environmental review pursuant to the New York State Environmental
Quality Review Act ("SEQRA") and Local Law No. 6 of 1992, 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 hereby introduces for adoption Local Law No. of the Year
2014 in the form annexed hereto.
3. The Town Board hereby determines that the enactment of the aforementioned
Local Law is a Type II action as defined in 6 NYCRR § 617.5(c)(20) and,
accordingly, the Town Board hereby expressly determines that this action is not
an action that requires review pursuant to the provisions of New York State
Environmental Quality Review Act ("SEQRA") or pursuant to Local Law No. 6
of 1992 or pursuant to 6 NYCRR Part 617.
4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of
Local Law No. of the Year 2014 to be held at Town Hall, 20 Middlebush
Road, Wappingers Falls, New York on the 14 day of April 2014, at 7:30 p.m., and
the Town Clerk is directed to post the Notice of the Public Hearing in the form
annexed hereto and to publish same in the Southern Dutchess News and
Poughkeepsie Journal as required by law.
The foregoing was put to a vote which resulted as follows:
Town of 11'appinger Page 11 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
✓ Vote Record - Resolution RES -2014-97
Yes/Aye
No/Nap
Abstain
Absent
Q adopted
❑ Adopted as Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Voter
El .......
❑
❑ .........
❑
❑ Tabled
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
IsmavCzarniecki
Mover
Q
❑
❑
❑
Michael huzmicz
Seconder
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-98
Resolution Authorizing Attorney To Town To Procure Easements, Title Examinations,
Real Property Appraisals And To Obtain All Required Easements In Connection With
Proposed Extension No. 4 To The United Wappinger Water District (Dep Phase H Chelsea
Hamlet Extension)
WHEREAS, by Resolution 2012-194 adopted on June 25, 2012, the Town Board
authorized the execution of an Inter -Governmental Agreement (IGA) with the City of New York
through its Department of Environmental Protection (DEP) which authorized an extension the
United Wappinger Water District (UWWD) in two phases; Phase I would be the constriction of
a 12 inch water main from a point of connection with the UWWD water system in and around
Old Hopewell Road and Seneca Drive to the DEP Shaft 6B Site on River Road and, Phase 2
which would be a continuation of the 12 and 8 inch main further south on River Road to the
Hamlet of Chelsea, all as set forth in the aforementioned IGA; and
WHEREAS, the Town Board authorized the Phase I of the DEP project by approving
Extension No. 2 to the UWWD; and
WHEREAS, by Resolution dated February 24, 2014, the Town Board adopted a
Resolution, pursuant to Town Law § 12-a. adopting an Order which authorized the Phase II
Extension of the UWWD to the Chelsea Hamlet area, in accordance with a Map, Plan and Report
dated April 2013 and revised January 2014; and
WHEREAS, in accordance with the aforementioned Map, Plan and Report for the
proposed United Wappinger Water District Extension to Chelsea Hamlet Area, it will be
necessary to obtain various from several property owners along the route of the proposed water
line extension and related water line laterals; and
WHEREAS, since the constriction of the Phase II water line extension to Chelsea
Hamlet is to be done on an expedited basis, the Town Board hereby authorizes the Attorney to
the Town to make arrangements to procure title examinations, and title insurance, for all required
easements, to obtain real property appraisals for all required easements, and to undertake all
necessary legal work to implement the constriction and installation of the water line extensions
as specifically identified in the Map, Plan and Report dated April 2013 and revised January
2014.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby authorizes the Attorney to the Town to procure title
examinations, title insurance, obtain real property appraisals and commence all
Town of 11'appinger Page 12 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
actions and work necessary to obtain required easements for the constriction of
the water line extensions as set forth and identified in the Map, Plan and Report
dated April 2013 and revised January 2014.
3. The Town Board specifically authorizes the engagement of Don McGrath of
McGrath & Company, or in the event said Don McGrath is unavailable to make
the required appraisals, to choose a qualified real estate appraiser to appraise the
value of any required easements needed for the constriction and installation of the
water line extensions indicated above.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2014-98
Yes/Aye
No/Nap
Abstain
Absent
El adopted
❑ Adopted as Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
El
❑
❑
❑
❑ Tabled
Vincent Bettina
Mover
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Voter
Q
❑
❑
❑
Michael huzmicz
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-99
Resolution Extending Employment Of Town Engineer
WHEREAS, by Resolution 2014-21 adopted on January 6, 2014, the ToN-,n Board employed
Robert Gray of Morris Associates for the purpose of furnishing to the ToN-,n Board and the ToN-,n's
departments and agencies such professional engineering advice and services as may be required by the
ToN-,n, its departments and agencies; and
WHEREAS, Robert Gray's employment Nvith the ToN-,n is set to expire on April 1, 2014; and
WHEREAS, the ToN-,n Board is desirous of extending Robert Gray's employment until
December 31, 2014.
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 extends the employment of Robert Gray of Morris
Associates with the Town as Town Engineer until December 31, 2014 and shall
continue to pay in accordance with the fee schedule set forth in the Proposal for
Engineering Services addressed to the Town Board dated December 30, 2013.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2014-99
Yes/Ape
No/Nap
Abstain
Absent
El adopted
❑ Adopted as Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Voter
El
❑
❑
❑
❑ Tabled
Vincent Bettina
Voter
❑
❑
El
❑
❑ Withdrawn
Ismav Czarniecki
Seconder
El
❑
❑
❑
Michael huzmicz
Mover
Q
❑
❑
❑
Town of 11'appinger Page 13 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-100
Resolution Awarding Bid For Port -A -John Rentals
WHEREAS, the Town of Wappinger Recreation Department desires to rent Port -a -Johns
for the 2014 season for various parks in the Town of Wappinger; and
WHEREAS, advertisements for bids for Port -a -Johns were duly published and the
following bids were received:
Company Total
Superior Sanitation $10,030.00 per season
A-1 & A -John $ 5,161.50 per season
Big Top Portables $ 4,649.00 per season
Herring Sanitation $ 4,500.00 per season
WHEREAS, by memo dated March 12, 2014, Recreation Secretary, Donna Lenhart, has
reported that the lowest responsible bidder is Herring Sanitation Service in the amount of
$4,500.00 for the 2014 season, a copy of which is affixed hereto.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if frilly set
forth and adopted herein.
2. The Town Board hereby awards the bid for the rental of Port -a -Johns for the
various Town of Wappinger parks to Herring Sanitation in the amount of
$4,500.00 for the 2014 season.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-100
Yes/Aye
No/Nap
Abstain
Absent
El adopted
❑ Adopted as
Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Voter
El
❑
❑
❑
❑ Tabled
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Seconder
Q
❑
❑
❑
Michael huzmicz
Mover
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-101
Resolution Authorizing Transfer Of Funds For The Purchase Of A New Printer For The
Highway Department Office
Town of 11'appinger Page 14 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
WHEREAS, the Highway Department has requested the transfer of fiends between
various budget lines in order to purchase a new printer for their office.
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 following budget line transfers:
Amount From Line To Line
$150.00 5010.400A Office Supply 5010.200A Office Equipment
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-101
Yes/Aye
No/Nap
Abstain
Absent
Q adopted
❑ Adopted as
Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Voter
El .......
❑
❑ .........
❑
❑ Tabled
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
IsmavCzarniecki
Mover
Q
❑
❑
❑
Michael huzmicz
Seconder
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-102
Resolution Authorizing Town Engineer To Undertake A Desktop Study To Determine Cost
For Further Extension Of The United Wappinger Water District
WHEREAS, the Town has received requests to further extend the United Wappinger Water
District, specifically the extension of water service from the Village of Wappingers Falls/Town of
Wappinger south on Route 9 through to the Lawrence Farms shopping plaza and shall include all
properties not presently served with municipal water on Old Route 9, Old Post Road, Route 9 and Stage
Door Road and such other commercials parcels as may be benefitted by the proposed extension United
Wappinger Water District;
WHEREAS, the Town Board has determined that it is in the best interest for the public health
welfare and safety of the residents of the Town of Wappinger, as well as the customers and invitees of
the commercial properties along the above mentioned routes for the Engineer to the Town to undertake a
desktop study to determine the financial viability of extending the United Wappinger Water District.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if frilly set forth and
adopted herein.
2. The Town Board authorizes Robert J. Gray, Engineer to the Town of Wappinger, to
undertake a desktop study to determine the financial viability of extending the United
Wappinger Water District to the above referenced areas and to report his findings to the
Town Board.
3. The capital costs shall be apportioned on an ad velorum basis and shall include all the
above referenced areas.
Town of 11'appinger Page 15 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-102
Yes/Aye
No/Nap
Abstain
Absent
Q adopted
❑ Adopted as
Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Voter
El .......
❑
❑ .........
❑
❑ Tabled
Vincent Bettina
Mover
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Seconder
Q
❑
❑
❑
Michael huzmicz
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-103
Resolution Authorizing Attorney To Town To Procure Easements, Title Examinations,
Real Property Appraisals And To Obtain All Required Easements In Connection With The
Construction And Extension Of The Meadowood Water Line Loop And Route 9 Water
Line Loop Improvements To United Wappinger Water District
WHEREAS, by Resolution 2012-193 adopted on June 25, 2012, the Town Board
authorized the preparation of a Map, Plan and Report for necessary improvements to the United
Wappinger Water District, hereinafter referred to as the "UWWD", specifically improvements
necessary to interconnect Meadowood Wells to the UWWD, to constrict a water main loop that
will connect to the recently constricted water main service in the Adams Fairacre Farms located
on Old Post Road in the Town of Wappinger known as the "Meadowood/Route 9 Water Main
Loops"; and
WHEREAS, by Resolution 2013-125 adopted on April 22, 2013, the Town Board
adopted a Resolution adopting an Order for the increase and improvement of facilities of the
UWWD, including, amongst other improvements, the purchase and installation of approximately
7,250 linear feet of an 8 inch water main from the Meadowood Wells to All Angels Hill Road
and at Route 9 at Mac Farland Road within the said UWWD, in accordance with a Map, Plan and
Report dated August 2012; and
WHEREAS, since the increase and improvement of facilities of the UWWD will require
obtaining easements from various parcel owners, the Town Board hereby authorizes the Attorney
to the Town to make arrangements to procure title examinations, and title insurance, for all
required easements, to obtain real property appraisals for all required easements, and to
undertake all necessary legal work to implement the constriction and installation of the water
main as specifically identified in the Map, Plan and Report dated August 2012.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby authorizes the Attorney to the Town to procure title
examinations, title insurance, obtain real property appraisals and commence all
actions and work necessary to obtain required easements for the constriction of
the water main as set forth and identified in the Map, Plan and Report dated
August 2012.
Town of 11'appinger Page 16 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
3. The Town Board specifically authorizes Attorney to the Town to engage Don
McGrath of McGrath & Company, or in the event said Don McGrath is
unavailable to make the required appraisals, to choose a qualified real estate
appraiser to appraise the value of any required easements needed for the
constriction of the water main as indicated above.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-103
Yes/Aye
No/Nap
Abstain
Absent
Q adopted
❑ Adopted as
Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
El
❑
❑
❑
❑ Tabled
Vincent Bettina
Mover
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Voter
Q
❑
❑
❑
Michael huzmicz
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-104
Resolution Accepting Undertaking Secured By A Cash Deposit In Connection With The
Prestige Mini Site
WHEREAS, Pepper White Partners, LLC, a Limited Liability Corporation, with an
address at c/o Prestige BMW, 985 Route 17 South, Ramsey, NJ 07446, hereinafter referred to as
the "Owner", has made application to the Town of Wappinger Planning Board for Special Permit
and Site Plan Approval for the constriction of a 18,750 square foot Motor Vehicle Sales
Establishment on certain lands located on 1162 Route 9 in the Town of Wappinger, designated as
Tax Parcel 6157-04-674155 on the tax map of the Town of Wappinger (the "Property"); and
WHEREAS, on November 4, 2013, the Planning Board of the Town of Wappinger
adopted a Negative Determination of Significance pursuant to SEQRA indicating that the project
would have no adverse environmental impact and authorized the issuance of a Negative
Declaration; and
WHEREAS, during the SEQRA review process the Owner provided evidence that there
would be no significant adverse impacts on rare, threatened or endangered species; and
WHEREAS, on November 18, 2013, the Planning Board issued a Resolution granting
Special Permit and Site Plan Approval, conditioned upon certain conditions prior to signing of
the Site Plan; and
WHEREAS, on March 17, 2014, the Owner of the Property made a request to allow the
cutting of trees on the Property prior to the signing of the approved Site Plan since the US Army
Corps of Engineers and the NYS DEC regulations require that the cutting of trees may only take
place between October I and March 31 to minimize the possibility of disturbing the migration of
Indiana Bats; and
WHEREAS, the Planning Board adopted a Resolution on March 17, 2014 granting the
Owner's request to cut the trees in the area of site plan disturbance on the express condition that
the Owner agreed to replant trees in the event that the Site Plan application is withdrawn by the
Owner, or the drawings are not submitted for signature based on fulfillment of the conditions of
Town of 11'appinger Page 17 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Site Plan Approval, said agreement was to be secured by a Bond, Letter of Credit or Cash
Deposit in an amount to be fixed by the Engineer to the Town, specifically in the sum of
$4,640.00; and
WHEREAS, the Owner has delivered to the Town an Undertaking secured by a
Cashier's Check issued by TD Bank bearing No. 52009617-3 in the amount of $4,640.00 paid to
the order of the Town of Wappinger as security for the faithful performance of the obligations set
forth in the Undertaking; and
WHEREAS, the terms of the Undertaking authorized the Town of Wappinger to draw
against the aforementioned cash security posted in the event the Owner does not restore the
project site in accordance with the terms and conditions set forth in the Planning Board
Resolution of November 18, 2013.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines that the Undertaking executed by Pepper
White Partners, LLC and secured by a Cashier's Check in the sum of $4,640.00,
is acceptable and sufficient as a guarantee to secure the obligation to restore the
project site in the event the Owner does not fulfill the obligations to replant trees
in the event Site Plan Approval is not granted all as set forth in the Planning
Board Resolution of November 18, 2013.
3. The Town Board hereby accepts the Undertaking dated March 14, 2014, executed
by Pepper White Partners, LLC, a Limited Liability Corporation, having an
address at c/o Prestige BMW, 985 Route 17 South, Ramsey, NJ 07446, secured
by a Cash Deposit in the total sum of $4,640.00 in the form of a Cashier's Check
issued by TD Bank bearing No. 52009617-3 made payable to the Town of
Wappinger as security for the faithful performance for the completion of the
obligations set forth in the Undertaking and in accordance with the Planning
Board Resolution of November 18, 2013.
4. The Town Supervisor is directed to deposit the aforementioned Cashier's Check
in a bank account maintained by the Town, to be held in escrow, pending
compliance with the terms of the Undertaking.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-104
Yes/Aye
No/Nap
Abstain
Absent
Q adopted
❑ Adopted as
Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Mover
El .......
❑
❑ .........
❑
❑ Tabled
Vincent Bettina
Seconder
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Voter
Q
❑
❑
❑
Michael huzmicz
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-108
Resolution Authorizing Supervisor To Execute Due Diligence Investigation Agreement
Town of 11'appinger Page 18 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Between Wappingers Falls Indians Youth Sports, Inc., Wappinger United Soccer Club,
Inc. And The Town Of Wappinger In Connection With Robinson Lane East Campus
WHEREAS, the Town recently acquired approximately 51.72 acres on Robinson Lane,
contiguous to the Town owned Robinson Lane Recreation Field, known as the "Robinson Lane
East Campus"; and
WHEREAS, the Town is desirous of developing the Robinson Lane East Campus for
additional recreation purposes by constriction and installing football fields, soccer fields, and
other recreational facilities to the maximum extent possible; and
WHEREAS, the Town Board acknowledges that it will have to comply with the Town's
Zoning Code and develop a Site Plan for the future development of the property, comply with
the State Environmental Quality Review Act (SEQRA) as well as the Wappinger Environmental
Quality Review Act (WEQRA); and
WHEREAS, the Wappingers Falls Indians Youth Sports, Inc. (hereinafter the "Indians")
provide instructional football to the youth of the Town of Wappinger; and
WHEREAS, the Wappinger United Soccer Club, Inc. (hereinafter the "Soccer Club")
provide instructional soccer to the youth of the Town of Wappinger; and
WHEREAS, the Indians and the Soccer Club have agreed to undertake due diligence
studies of the Robinson Lane East Campus property to determine its viability for its use as
football fields, soccer fields, and other related recreational purposes, under the guidance and
supervision of the Engineer to the Town, Robert J. Gray, P.E.; and
WHEREAS, the Indians and the Soccer Club have agreed to undertake the due diligence
studies at their sole cost and expense and report back to the Town Board of the Town of
Wappinger so that appropriate site development may be processed through the Town of
Wappinger Planning Board, upon consent of the Town Board and in consultation with the
Town's Recreation Department; and
WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation
Committee, the Attorney to the Town and the Engineer to the Town, has negotiated the terms of
a proposed Agreement Authorizing Due Diligence Investigation at Robinson Lane East Campus,
a copy of which is attached hereto, made a part hereof, marked and designated as Exhibit "1".
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if frilly set
forth and adopted herein.
2. The Town Board Members acknowledge they have reviewed the terms and
conditions of the proposed "Agreement Authorizing Due Diligence Investigation
at Robinson Lane East Campus", hereby approve the Agreement in the form
annexed hereto, and authorizes and directs the Supervisor to execute the
Agreement by and on behalf of the Town of Wappinger.
3. The Town Supervisor, upon consultation with the Attorney to the Town, the
Chairman of the Recreation Committee and the Engineer to the Town, are
authorized to further negotiate the terms and conditions of the annexed
Agreement as deemed appropriate.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-108
Q Adopted
Yes/Aye
No/Nap
Abstain
Absent
❑ Adopted as
Amended
Barbara Gutzler
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Vincent Bettina
Seconder
Q
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Voter
Q
❑
❑
❑
Town of ll'appinger Page 19 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Michael huzmicz Mover ' El ❑ ❑ ❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-109
Resolution Authorizing Supervisor To Execute Amendment No. 1 To The "Agreement
Between The City Of New York And The Town Of Wappinger, New York For
Construction Of A Water Supply And Distribution System"
WHEREAS, the New York City through its Department of Environmental Conservation
(hereinafter "NYC DEP") and the Town of Wappinger (hereinafter the "Town") are parties to an
Agreement dated August 31, 2012 pursuant to which the Town was obligated to constrict a
water main to NYC DEP's constriction site, and, to the extent that funding is available, to install
a new water distribution system in the Chelsea Hamlet area, which would expand the existing
water district; and
WHEREAS, the Agreement contained dates for certain constriction milestones that the
Town was obligated to achieve in order to avoid default and continue to receive funding under
the Agreement; and
WHEREAS, the Agreement also specified the parcels to be included in the water district
expansion, which make up the "Phase II Service Area," subject to certain approvals the Town
was required to receive under its local law; and
WHEREAS, NYC DEP and the Town have agreed to sequence the constriction of the
Phase II Service Area into Phase IIA and Phase IIB; and
WHEREAS, Section 7B of the Agreement provides that the Phase II Service Area, as
shown on Exhibit A of the Agreement, may be further modified by subsequent agreement of the
parties based on the funding available for Phase II; and
WHEREAS, the Town has missed certain milestone dates, as set forth in Exhibit B of
the Agreement and has indicated it will require more time to complete constriction of the Phase
II Service Area; and
WHEREAS, the NYC DEP and the Town have agreed to amend the terms of the
Agreement to allow for the changes to the Phase II Service Area as shown on Exhibit A and to
revise the milestones set forth on Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if frilly set
forth and adopted herein.
2. The Town Board Members acknowledge they have read and hereby approves
Amendment No. 1 to the "Agreement between the City of New York and the
Town of Wappinger, New York for Constriction of a Water Supply and
Distribution System", in the form annexed hereto, and authorizes and directs the
Supervisor to execute Amendment No. 1 by and on behalf of the Town of
Wappinger.
The foregoing was put to a vote which resulted as follows:
Town of 11'appinger Page 20 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
✓ Vote Record
- Resolution RES -2014-109
Yes/Aye
No/Nap
Abstain
Absent
Q adopted
❑ Adopted as
Amended
Barbara Gutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Voter
El .......
❑
❑ .........
❑
❑ Tabled
Vincent Bettina
Mover
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Voter
Q
❑
❑
❑
Michael huzmicz
Seconder
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
X. Items for Special Consideration
A. Councilman Bettina
Councilman Bettina spoke about the lack of a flag at the flagpole at Castle Point.
Supervisor Gutzler indicated that the pulley is broken and has tried to get someone to plant
flowers. Councilman Bettina asked to have it fixed. Councilman Kuzmics indicated that we
should take care of our parks but that manpower shortage is an issue. Councilman Bettina
expressed concern that some residents do not have numbers on their house or mailbox. Zoning
administrator Barbara Roberti said that she does notify those that she sees that are not in
compliance.
B. Councilwoman Czarniecki
Councilwoman Czarnecki let the board know that the Wildwood Manor Condominium
Association has applied for and paid for the use of the town board room on April 2nd, 2014.
C. Supervisor Gutzler
Supervisor Gutzler let the board know that the town's bond rating has been upgraded
from AA1 to AA-, indicating a strong economy, strong budgeting, strong budgetary
performance, strong liquidity providing strong cash levels to cover debt service and
expenditures. They cited the fact that the town was rebuilding their fiend balance and were very
realistic in their budgets. Bonds are rated SP I+, one of the highest ratings municipal bonds can
get. She thanked the board for their efforts and their positive results. Each board member
equally returned the gratitude.
XI. New Business
XII. Executive Session
XIII. Town Board Review of Vouchers
RESOLUTION: 2014-105
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town of 11'appinger Page 21 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Town Board
Claim Packet: 2014-L
Vendor
A
(General
Town wide)
B
(General
PartTown)
DB
(Highway
Fund)
T92 Plan
& Zone
Escrows
Perma-2013 Funds
958.08
4,670.64
299.40
Marshall & Sterling
118,120.11
40,000.00
NYCOMCO
1,496.00
64.00
Platt's Locksmith
125.00
Poughkeepsie Journal
Poughkeepsie Journal
51.53
Royal Carting
6,525.20
Sou Dut News
Sou Dut News
49.30
Sou Dut News
26.00
Mid Hudson Fasteners
111.04
Carquest
$471.34
Arkel Motors
$464.07
Arkel Motors
1,473.13
Arkel Motors
$71.92
Hud Riv Truck Equip
$28.00
Cryo Weld
$86.61
Staples
109.52
Atlas Star
370.00
D&D Doors
224.00
C&C Hydraulics
$337.78
C&C Hydraulics
$332.35
C&C Hydraulics
$273.77
R. Costa Electric
125.00
Allstate
Stormwater
$25.00
Stormwater
$575.00
Great Amer Fin Sery
580.50
Delta Dental
1,322.02
346.98
Package Pavement
$300.60
Town of 11'appinger Page 22 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Totals 1 $128,349.91 1 $946.73 1 $50,117.251 $600.00
Vendor T14 HWN WU
(Allstate (Wappinger (United
insurance) Water Main Wapp. Water
Project) Fund)
Perma-2013 Funds
59.88
Marshall & Sterling
NYCOMCO
Platt's Locksmith
Poughkeepsie Journal 396.73
Poughkeepsie Journal
Royal Carting
Sou Dut News 418.66
Sou Dut News
Sou Dut News
Mid Hudson Fasteners
Carquest
Arkel Motors
Arkel Motors
Arkel Motors
Hud Riv Truck Equip
Cryo Weld
Staples
Atlas Star
D&D Doors
C&C Hydraulics
C&C Hydraulics
C&C Hydraulics
R. Costa Electric
Allstate $866.08
Stormwater
Stormwater
Great Amer Fin Sery
Delta Dental
Package Pavement
Totals $866.08 $815.39 $59.88
$181,755.24
Vendor
Paid
Town Board
Hold
Perma-2013 Funds
5,988.00
Marshall & Sterling
158,120.11
NYCOMCO
1,560.00
Platt's Locksmith
125.00
Poughkeepsie Journal
Town of 11'appinger Page 23 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Town of 11'appinger Page 24 Printed 4 24'2014
396.73
Poughkeepsie Journal
51.53
Royal Carting
6,525.20
Sou Dut News
418.66
Sou Dut News
49.30
Sou Dut News
26.00
Mid Hudson Fasteners
111.04
Carquest
471.34
Arkel Motors
464.07
Arkel Motors
1,473.13
Arkel Motors
71.92
Hud Riv Truck Equip
28.00
Cryo Weld
86.61
Staples
109.52
Atlas Star
370.00
D&D Doors
224.00
C&C Hydraulics
337.78
C&C Hydraulics
332.35
C&C Hydraulics
273.77
R. Costa Electric
125.00
Allstate
866.08
Stormwater
25.00
Stormwater
575.00
Great Amer Fin Sery
580.50
Delta Dental
1,669.00
Package Pavement
300.60
Totals
$167,223.69
$13,956.55
$575.00
5 24
$181,755.24
Town of 11'appinger Page 24 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
I, Joseph P. Paoloni, 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 March 24,
2014, 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
-2014-105
B
DB
LC
(General
(General
(Highway
(cameli
Yes/Aye
No/Nap
Abstain
Absent
El adopted
wide)
District)
Central Hudson
77.96
❑ Adopted as Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
El
❑
❑
❑
❑ Tabled
Central Hudson
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Mover
El
❑
❑
❑
DC Sheriff Office
Michael huzmicz
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-106
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board
Claim Packet: 2014-M
Vendor
A
B
DB
LC
(General
(General
(Highway
(cameli
Town
PartTown)
Fund)
Lighting
wide)
District)
Central Hudson
77.96
Central Hudson
4173.16
101.01
Central Hudson
4,670.60
Central Hudson
2,176.41
Central Hudson
3,467.88
Central Hudson
44.06
Poughkeepsie Journal
425.20
DC Sheriff Office
Mid Hudson Fasteners
Zep Sales
Sedore & Co
Tonna of ff appinger
12, 776.30
170.40
620.34
2,540.00
Page 25
Printed 4 24 2014
Regular Meeting Minutes March 24, 2014
Sedore & Co
2,540.00
Bottoni Fuel
59.54
Kaman Ind
353.56
Al Roberts
3,374.26
Coffee Syetems
60.73
Hud Riv Truck
194.00
CSEA H/W Optical Den
3,003.84
Hillman Signs
88.50
Staples
4.76
Staples
85.37
Chris Heady
148.51
Cablevision
164.80
Wells Fargo
327.56
Oriental Trading
243.50
Crown Trophy
140.50
Perla Kaufman
140.00
Compass Tire
21.00
DC SPCA
560.00
WB Mason
193.92
Verizon Wireless
274.42
510.93
Perfect Comfort
575.00
Amazon
43.99
Auto Zone
$57.59
Ford Credit Dept
8,672.71
Williams Lumber
222.32
HV Telephone
1,232.50
Monin Olsen Reimburse
11.25
Nyasa Brown
16.89
Reimburse
Kristen Lange
11.25
Reimburse
Boaozhong Li Rimburse
11.25
Bonetta Brown
16.89
Reimburse
Tyrone Lotts Reimburse
11.25
Standard & Poor
100.00
Hyatt's Garage
$642.50
Totals
$24,039.06
$26,133.10
$5,085.24
$101.01
Town of 11'appinger Page 26 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Vendor
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Poughkeepsie Journal
DC Sheriff Office
Mid Hudson Fasteners
Zep Sales
Sedore & Co
Sedore & Co
Bottoni Fuel
Kaman Ind
Al Roberts
Coffee Syetems
Hud Riv Truck
CSEA H/W Optical Den
Hillman Signs
Staples
Staples
Chris Heady
Cablevision
Wells Fargo
Oriental Trading
Crown Trophy
Perla Kaufman
Compass Tire
DC SPCA
WB Mason
Verizon Wireless
Perfect Comfort
Amazon
Auto Zone
Ford Credit Dept
Williams Lumber
HV Telephone
Monin Olsen Reimburse
Nyasa Brown
Reimburse
Kristen Lange
Reimburse
Boaozhong Li Rimburse
Bonetta Brown
LD (Chelsea
Lighting
District)
1,212.59
LH HWF
(Hughsonville (Filtration of
Lighting Atlas &
District) Hilltop)
3,513.08
Town of 11'appinger Page 27 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Reimburse
Tyrone Lotts Reimburse
Standard & Poor
Hyatt's Garage
Totals $1,212.59
$3,513.08 $0.00
$60,084.08
Vendor
Paid
Town Board
Hold
Central Hudson
77.96
Central Hudson
8,999.84
Central Hudson
4,670.60
Central Hudson
2,176.41
Central Hudson
3,467.88
Central Hudson
44.06
Poughkeepsie Journal
425.20
DC Sheriff Office
12,776.30
Mid Hudson Fasteners
170.40
Zep Sales
620.34
Sedore & Co
2,540.00
Sedore & Co
2,540.00
Bottoni Fuel
59.54
Kaman Ind
353.56
Al Roberts
3,374.26
Coffee Syetems
60.73
Hud Riv Truck
194.00
CSEA HM Optical Den
3,003.84
Hillman Signs
88.50
Staples
4.76
Staples
85.37
Chris Heady
148.51
Town of 11'appinger Page 28 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Cablevision
164.80
Wells Fargo
327.56
Oriental Trading
243.50
Crown Trophy
140.50
Perla Kaufman
140.00
Compass Tire
21.00
DC SPCA
560.00
WB Mason
193.92
Verizon Wireless
785.35
Perfect Comfort
575.00
Amazon
43.99
Auto Zone
57.59
Ford Credit Dept
8,672.71
Williams Lumber
222.32
HV Telephone
1,232.50
Monin Olsen Reimburse
11.25
Nyasa Brown
Reimburse
16.89
Kristen Lange
Reimburse
11.25
Boaozhong Li Rimburse
11.25
Bonetta Brown
Reimburse
16.89
Tyrone Lotts Reimburse
11.25
Standard & Poor
100.00
Hyatt's Garage
642.50
Totals
$24,950.80
$35,133.28
$0.00
11 34
$60,084.08
Town of 11'appinger Page 29 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
I, Joseph P. Paoloni, 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 March 24,
2014, 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 -2014-106
B
(General
PartTown)
DB
(Highway
Fund)
CBG
(Challenger
Field)
Central Hudson
3,467.88
Central Hudson
Yes/Aye
No/Nap
Abstain
Absent
El adopted
2,178.41
Home Depot
84.03
❑ Adopted as
Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
El
❑
❑
❑
❑ Tabled
MVP Gold Health
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Mover
Q
❑
❑
❑
Al Roberts
Michael huzmicz
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-107
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board
Claim Packet: 2014-N
Vendor
A
(General
Town
wide)
B
(General
PartTown)
DB
(Highway
Fund)
CBG
(Challenger
Field)
Central Hudson
3,467.88
Central Hudson
44.06
Central Hudson
2,178.41
Home Depot
84.03
Signal Graphics
240.52
MVP Health Ins
17,405.62
4,027.75
21,864.95
MVP Gold Health
2,462.60
Ins
Al Roberts
Al Roberts
Al Roberts
210.00
Al Roberts
37.00
Al Roberts
Town of 11'appinger Page 30 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Frederick Clark
Frederick Clark
Candle Landscaping
Tire King
Justice Court
Wells Fargo
Paetec I
5,875.67 1
1,800.00
21.00
22,212.30
272.43
602.77
157.50
1,485.00
1,347.50
857.50
2,452.25
175.00
3,989.70
272.42
19.74
$70.00
CRL Spreader $1,238.00
Chains
River City Abs of HV
Totals $56,667.29 $15,031.36 $23,102.95 $70.00
Vendor HWN T92 HWF SU (United
(Wappinger (Planning & (Filtration of Wapp. Sewer
Water Main Zoning Atlas & fund)
Project) Escrows) Hilltop)
Central Hudson
Central Hudson
Central Hudson
Home Depot
Signal Graphics
MVP Health Ins
MVP Gold Health Ins
Al Roberts
315.00
Al Roberts
1,907.50
Al Roberts
Town of 11'appinger Page 31 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Frederick Clark
Frederick Clark
Candle Landscaping
Tire King
Justice Court
Wells Fargo
Paetec
CRL Spreader
Chains
River City Abs of HV $12,895.00
Totals $15,117.50
$3,185.00
$1,260.00
$6,262.50
$472.50
$9,447.50 $1,260.00 $472.50
Vendor WU Paid
(United
Wapp.
Water Fund)
Central Hudson
Central Hudson
Central Hudson
Home Depot
Signal Graphics
MVP Health Ins
MVP Gold Health
Ins
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
3,467.88
44.06
2,178.41
43,298.32
2,462.60
Town of 11'appinger Page 32 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
Al Roberts
Town Board
Central Hudson
Al Roberts
$1,230.82
Central Hudson
Al Roberts
84.03
Signal Graphics
240.52
Frederick Clark
MVP Gold Health
Frederick Clark
Al Roberts
315.00
Candle Landscaping
1,907.50
Al Roberts
210.00
Tire King
37.00
Al Roberts
157.50
Justice Court
1,485.00
Al Roberts
1,347.50
Wells Fargo
857.50
Al Roberts
8,397.92
Al Roberts
3,360.00
Al Roberts
544.85
Paetec
472.50
Frederick Clark
6,262.50
Frederick Clark
3,989.70
Candle Landscaping
622.51
CRL Spreader
21.00
Justice Court
22,212.30
Chains
Paetec
River City Abs of HV
1,238.00
Totals
$1,230.82
$52,618.63
7
Vendor
Town Board
Central Hudson
Central Hudson
Central Hudson
Home Depot
84.03
Signal Graphics
240.52
MVP Health Ins
MVP Gold Health
Ins
Al Roberts
315.00
Al Roberts
1,907.50
Al Roberts
210.00
Al Roberts
37.00
Al Roberts
157.50
Al Roberts
1,485.00
Al Roberts
1,347.50
Al Roberts
857.50
Al Roberts
8,397.92
Al Roberts
3,360.00
Al Roberts
2,490.82
Al Roberts
472.50
Frederick Clark
6,262.50
Frederick Clark
3,989.70
Candle Landscaping
1,800.00
Tire King
21.00
Justice Court
22,212.30
Wells Fargo
Paetec
CRL Spreader
1,238.00
Chains
$122,399.92
Hold
Town of 11'appinger Page 33 Printed 4 24'2014
Regular Meeting Minutes March 24, 2014
River City Abs of HV 12,895.00
Totals $69,781.29 1 $0.00
21
$122,399.92
I, Joseph P. Paoloni, 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 March 24,
2014, 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 -2014-107
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Vincent Bettina, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Yes/Aye
No/Nap
Abstain
Absent
El adopted
❑ Adopted as
Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
El
❑
❑
❑
❑ Tabled
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Mover
Q
❑
❑
❑
Michael Kuzmicz
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
March 24, 2014
The Resolution is hereby duly declared adopted.
XIV. Adjournment
XV. Motion To: Wappinger Adjournment & Signature
The meeting adjourned at 9:30 PM.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Vincent Bettina, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Joseph P. Paoloni
Town Clerk
Town of 11'appinger Page 34 Printed 4 24'2014