2014-04-28Town of Wappinger
Regular Meeting
- Minutes -
20 Middlebush Road
Wappingers Falls, NY 12590
townofwappinger.us
Joseph P. Paoloni
Town Clerk
Monday, April 28, 2014 7:30 PM Town Hall
Call to Order
Attendee Name
Organization
Title
Status Arrived
Barbara Gutzler
Town of Wappinger
Supervisor
Present
William H. Beale
Town of Wappinger
Councilman
Present
Vincent Bettina
Town of Wappinger
Councilman
Present
Ismay Czarniecki
Town of Wappinger
Councilwoman
Present
Michael Kuzmicz
Town of Wappinger
Councilman
Present
Albert Roberts
Town of Wappinger
Attorney to the Tow
Present
Robert Gray
Town of Wappinger
Engineer to the Town
Present
Graham Foster
Town of Wappinger
Highway Superintendent
Present
Salute to the Flag
Adoption of Agenda
1. Motion To: Amend the Agenda to add Resolution on Easements for Mark Palmateer
Memorial Park
Councilman Beale asked to add Easement modifications on Palmateer Park to the agenda.
Attorney Al Roberts pointed out that he revised easements were sent on Friday.
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
2. Motion To: Amend the Agenda to add Resolution Appointing a Board of Assessment Review
Member
Councilman Bettina asked to add resolution appointing BOA member.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
3. Motion To: Adopt the Agenda
Town of lf'appinger Page I Printed 522'2014
Regular Meeting Minutes April 28, 2014
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Ismay Czarniecki, Councilwoman
SECONDER:
Michael Kuzmicz, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
IV. Approval of The Minutes
1. Monday, March 24, 2014
RESULT:
ACCEPTED [UNANIMOUS]
MOVER:
Ismay Czarniecki, Councilwoman
SECONDER:
Michael Kuzmicz, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
2. Monday, April 14, 2014
RESULT:
ACCEPTED [UNANIMOUS]
MOVER:
Ismay Czarniecki, Councilwoman
SECONDER:
Michael Kuzmicz, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
3. Monday, April 21, 2014
RESULT:
ACCEPTED [UNANIMOUS]
MOVER:
Ismay Czarniecki, Councilwoman
SECONDER:
Michael Kuzmicz, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
V. Correspondence Log
RESOLUTION: 2014-133
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 -2014-133
Q Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as
Amended
Barbara Gutzler
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑Tabled
Vincent Bettina
Mover
Q
❑
❑
❑
❑ Withdrawn
Ismay Czarniecki
Seconder
Q
❑
❑
❑
Town of ll'appinger Page 2 Printed 522'2014
Regular Meeting Minutes April 28, 2014
Michael huzmicz Voter El ❑ ❑ ❑
Dated: Wappingers Falls, New York
April 28, 2014
The Resolution is hereby duly declared adopted.
VI. Discussions
A. Myers Landing Proposed Development
Christian Paggi presented plan for development at 51 and 55 Myers Corners road. He came to
ask for permission to sit down with town consultants to hammer out underlying issues such as
density, age, renting, zoning, etc...
Supervisor Gutzler asked about escrows. Attorney Roberts said that they first must do a re -zone
from R20 to RMF5.
Councilman Bettina asked to send it to the planning board and have them set the escrows.
Councilman Czarnecki asked if there was an application filed for the planning board. Mr. Paggi
replied that they didn't. Councilman Beale said it appears as a spot zone, yet he believes in the
concept. He was also concerned about surrounding properties on Patti Place and the adjoining
lot surrounded by the project. Councilman Czarnecki said she is very interested in it as this is
something that the town needs, but doesn't know how it would fit in without input from the
planning board. Mr. Paggi asked if a formal application to the planning board was the next step
and the board agreed. Attorney Roberts added that the planning board cannot act without the
zoning in place. He said they need a formal application, pay the fee, and put up an escrow for
the planner to look at it. Mr. Paggi asked if the application should include the frill EAF?
Attorney Roberts agreed. Discussion concluded.
B. La Fonda Del Sol
Mike Meyers and Dave Stenger came to show a concept at the former El Fonda Del Sol site.
They are looking to put in residential and the re-routing of Old Route 9. They said they will go
to the planning board, but came to discuss with the town board first. Because they are proposing
residential, a re -zone would not be necessary. They particularly wanted to discuss the concept of
a turning circle that would move the traffic at the problem intersection of Old Hopewell road,
Old Route 9, and Route 9. This would direct the traffic west to allow for a better flow and safer
means to access Old Hopewell road. Engineer Bob Gray summarized that his is an exchange of
property of old route 9 for a portion of their land that re-routes the traffic. Councilwoman
Czarnecki asked about the cost to the town and the adoption of the road. The reply was no cost
to the town yet the town would take over the road. Councilman liked the idea of a cleaner
intersection and said we should at least explore this. He also asked about preserving the
setbacks. The developer pointed out that they would not change what had been agreed to
previously. Councilman Beale also liked the idea of not producing another plaza that may or
may not be occupied. Councilman Bettina suggested bringing it to the planning board. Dave
Stenger added they wanted to get buy in from the town board as the county seemed to like it.
Engineer Gray said the next move is an amended site plan application. The discussion
Town of lf'appinger Page 3 Printed 5/22'2014
Regular Meeting Minutes April 28, 2014
concluded.
C. Cub Scout Pack 40 Trees for Tribs at Robinson Lane
Supervisor Gutzler outlined the Cub Scout Pack 40 project saying that Cornell Cooperative had
an initiative many years ago to plant trees along stream banks to mitigate erosion. This plan is to
plant saplings and shrubs along the bank on the road leading to the sprout creek to prevent the
flow of water from the creek. This will occur at no cost to the town and maintained by the Cub
Scout Pack. Councilman Kuzmicz motioned to support it as Councilman Beale seconded it.
VII. Public Portion
A resident rose to ask about the excessive development in the town and its impact on traffic on
all our roads. Supervisor Gutzler said that is why they refer development to the planning board
for their recommendation for traffic analysis. She thanked the resident for her comment.
Councilman Beale indicated that another 100 units will soon be operative and adding to area
traffic. Councilman Kuzmics said that as a resident he too has to deal with the traffic and that
they as a board must balance out the different interests.
VIII. Resolutions
RESOLUTION: 2014-134
Resolution Appointing Board of Assessment Review Member
WHEREAS, by Resolution 2010-99 adopted by the Town Board on February 22, 2010,
John Lawrence was appointed to fill the vacancy that existed on the Board of Assessment
Review due to the resignation of Joseph M. Perillo, whose term would have otherwise expired on
September 30, 2012; and
WHEREAS, the term of John Lawrence as a Member of the Town of Wappinger Board
of Assessment Review expired on September 30, 2012; and
WHEREAS, the Town Board did not appoint anyone to fill the seat of John Lawrence
creating a vacancy on the Board of Assessment Review for the term October 1, 2012 through
September 30, 2017; and
WHEREAS, the Town Board desires to appoint a Member to the Town of Wappinger
Board of Assessment Review to fill the vacancy for the term expiring September 30, 2017.
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 appoints Alex Czarniecki as a Member of the Town of
Wappinger Board of Assessment Review to fill the vacancy for the term October
1, 2012 through September 30, 2017, said appointment to be effective
immediately and will expire on September 30, 2017.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2014-134
Q Adopted
Yes/Aye
No/Nap
Abstain
Absent
❑ Adopted as Amended
Barbara Gutzler
Voter Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter Q
❑
❑
❑
❑Tabled
Vincent Bettina
Mover Q
❑
❑
❑
Town of ll'appinger Page 4 Printed 522'2014
Regular Meeting Minutes April 28, 2014
❑ Withdrawn Ismav Czarnecki Voter ❑ ❑ El ❑
Michael Kuzmicz Seconder El ❑ ❑ ❑
Dated: Wappingers Falls, New York
April 28, 2014
The Resolution is hereby duly declared adopted.
2. Motion To: Amend the Resolution
There was a motion to Amend the resolution to remove the name of the candidate in the
resolution and insert Alex Czaniecki's name instead.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Barbara Gutzler, Supervisor
SECONDER:
Michael Kuzmicz, Councilman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
RESOLUTION: 2014-135
Resolution Introducing "Local Law No. Of The Year 2014, Amending Chapter 133 Of
The Town Code Known As Flood Damage Prevention"
WHEREAS, the Town of Wappinger adopted Local Law 43 of 2012 which created a
Chapter in the Town Code entitled "Flood Damage Prevention"; and
WHEREAS, the New York State Department of Environmental Conservation, Division
of Water, Bureau of Flood Protection and Dam Safety, have notified the Town that the Flood
Insurance Rate Map (FIRM) map panel numbers have been recently revised; and
WHEREAS, this Local Law is intended to amend Chapter 133-6. Basis for Establishing
Areas of Special Flood Hazard in order to comply with the request of the New York State
Department of Environmental Conservation, Division of Water, Bureau of Flood Protection and
Dam Safety and the revisions to the Flood Insurance Rate Map (FIRM) map panel numbers; 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 of the Town of Wappinger
("WEQRA").
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 of the Town of Wappinger ("WEQRA").
4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of
Town of lf'appinger Page 5 Printed 5 22'2014
Regular Meeting Minutes April 28, 2014
Local Law No. of the Year 2014 to be held at Town Hall, 20 Middlebush
Road, Wappingers Falls, New York on the 27th day of May 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:
✓ Vote Record - Resolution RES
-2014-135
Yes/Aye
No/Nap
Abstain
Absent
Q adopted
❑ Adopted as Amended
Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Voter
El .......
❑
❑ .........
❑
❑ Tabled
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Mover
Q
❑
❑
❑
Michael huzmicz
Seconder
Q
❑
❑
❑
Dated: Wappingers Falls, New York
April 28, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-136
Resolution Authorizing Change Order No. 1 For Little League Challenger Field Electrical
Improvements
WHEREAS, by Resolution adopted by the Town Board on March 10, 2014, the Town
Board awarded a bid to Thomas Gleason, Inc. in the amount of $14,990.00 for electrical
improvements to the Challenger Fields at the Robinson Lane Sports Complex; and
WHEREAS, Greg W. Bolner, P.E. of Clark Patterson Lee Design Professionals,
Engineer for the Town for this project, has approved Change Order No. 1 to the Contract as per
email dated April 22, 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 approves Change Order No. 1, dated April 17, 2014, in
the amount of One Thousand Seven Hundred Ninety -Five Dollars ($1,795.00),
resulting in an increase in the contract sum to be paid to Thomas Gleason, Inc. to
the total sum of Sixteen Thousand Seven Hundred Eighty -Five Dollars ($16,785.00)
in connection with the Little League Challenger Field Electrical Improvements
Contract for the reasons set forth in the above mentioned Change Order No. 1, a
copy of which is affixed hereto.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-136
Yes/Ape
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
❑
❑
❑
Town of lf'appinger Page 6 Printed 522'2014
Regular Meeting Minutes April 28, 2014
Dated: Wappingers Falls, New York
April 28, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-137
Resolution Awarding Bid For United Wappinger Water District Route 9 Water Main
Loop
WHEREAS, by Resolution No. 2013-126 adopted by the ToN-,n Board on April 22, 2013, the
ToN-,n Board authorized the issuance of $4,040,000.00 Bonds to pay the cost of the increase and
improvement of the United Wappinger Water District (hereinafter the "UWWD") in accordance Nvith a
Map, Plan and Report entitled "United Wappinger Water District (UWWD) Filtration System
Improvements and MeadoNvood/Route 9 Water Main Loops, Town of Wappinger, Dutchess County, New
York" dated August 2012 prepared by Morris Associates, PLLC ; and
WHEREAS, bids and specifications Nvere prepared by Robert J. Gray of Morris Associates,
Engineer to the Tovm, for the Nvork required for the Route 9 Water Main Loop; and
WHEREAS, bids Nvere duly solicited for the Nvork to be done and the folloNving bids Nvere
received on April 1, 2014:
Contractor
Base Bid
Bibeau Construction, Inc., Nanuet, NY
$1,159,150.00
Casale Construction Services, Wyantskill, NY
$1,187,925.00
Raines & Nagles, Contracting Svc., Chester, NY
$1,999,595.70
W. M. Schultz Construction, Balston Spa, NY
$1,335,892.30
Drilling Technologies, Inc., Wyantskill, NY
$1,378,914.00
ELQ Industries, New Rochelle, NY
$1,379.525.00
American Evergreen, Renssalear, NY
$1,387,620.00
Grant Street Construction, Cortland, NY
$1,392,000.00
Merritt Construction, Saugerties, NY
$1,414,550.00
Thomas Gleason, Inc., Poughkeepsie, NY
$1,484,000.00
Sun Up Enterprises, Wappingers Falls, NY
$1,564,246.00
Legacy Valve, Valhalla, NY
$1,706,090.00
WHEREAS, by letter dated April 21, 2014 from Morris Associates Engineering Consultants,
PLLC, Engineers to the Tovm, have determined that the loNvest responsible bidder is Bibeau Construction,
Inc. and recommends that Bibeau Construction, Inc. should be aNvarded the contract in the amount of
$1,159,150.00 all as set forth in the aforementioned recommendation letter, 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 fully set forth and
adopted herein.
2. The ToN-,n of Wappinger hereby aNvards the bid for the Route 9 Water Main Loop to
Bibeau Construction, Inc., Nanuet, NY, in the amount of $1,159,150.00.
3. In accordance Nvith the authorized bid specifications, the ToN-,n Board hereby authorizes
the Supervisor to execute the contract documents as prepared by Morris Associates,
including the Notice of ANvard and Notice to Proceed and forward a copy to Bibeau
Construction, Inc., after the Attorney to the ToN-,n has confirmed that Bibeau
Construction, Inc. has duly executed the contract documents, has supplied the necessary
Town of lf'appinger Page 7 Printed 522'2014
Regular Meeting Minutes April 28, 2014
Performance Bond, Payment Bond and provided insurance certificates all as otherN-,se
required by the bid specifications.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-137
Yes/Ape
No/Nay
Abstain
Absent
Q adopted
❑ Adopted as
Amended
Barbara Uutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
El
❑
❑
❑
❑ Tabled
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
IsmavCzarniecki
Mover
Q
❑
❑
❑
Michael huzmicz
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
April 28, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-138
Resolution Awarding Bid For United Wappinger Water District Water Main Extension To
Chelsea Hamlet
WHEREAS, by Resolution No. 2014-75 adopted by the ToN-,n Board on February 24, 2014, the
ToN-,n Board approved the Establishment of Extension No. 4 (Chelsea Hamlet Extension) to the United
Wappinger Water District (UWWD) in connection N ith the construction of a Nvater distribution system
Nvithin the Chelsea Hamlet area; and
WHEREAS, bids and specifications Nvere prepared by Robert J. Gray of Morris Associates,
Engineer to the ToN-,n, for the Nvork required for the construction of a Nvater distribution system within the
Chelsea Hamlet area; and
WHEREAS, bids Nvere duly solicited for the Nvork to be done and the folloNving bids Nvere
received on April 1, 2014:
Contractor Base Bid Alternate 1 Alternate 2
Bibeau Contruction, Nanuet, NY $2,828,750 $26,000 $12,000
Casale Construction Services, Wyantskill, NY $2,912,950 $34,000 $17,500
American Evergreen, Renssalear, NY $3,183,880 $52,000 $11,000
W. M. Schultz Construction, Balston Spa, NY $3,338,856 $47,100 $15,000
ELQ Industries, New Rochelle, NY $3,691,245 $40,000 -
Grant Street Construction, Cortland, NY $3,789,000 $40,000 $ 8,000
Montesano Bothers, Inc., New Rochelle, NY $3,999,980 $36,524 -
Sun Up Enterprises, Wappingers Falls, NY $4,351,715 $65,000 $16,200
Legacy Valve, Valhalla, NY $4,892,300 $57,500 $12,500
Bilotta Construction Corp., Rye, NY - - -
WHEREAS, by letter dated April 21, 2014 from Morris Associates Engineering Consultants,
PLLC, the Engineers to the ToN-,n, determined that Alternate 1 bid amount should be awarded at this time
but not Alternate 2 bid amount; and
WHEREAS, by letter dated April 21, 2014 from Morris Associates Engineering Consultants,
PLLC, Engineers to the ToN-,n, have determined that the loNvest responsible bidder is Bibeau Construction,
Inc., N ith a base bid in the amount of $2,828,750 and Alternate 1 bid in the amount of $26,000.
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.
Town of lf'appinger Page 8 Printed 522'2014
Regular Meeting Minutes April 28, 2014
2. The ToN-,n of Wappinger hereby awards the bid for the construction of a Nvater
distribution system Nvithin the Chelsea Hamlet area to Bibeau Construction, Inc., Nanuet,
NY, in the base bid amount of $2,828,750 and Alternate 1 bid amount of $26,000.
3. In accordance Nvith the authorized bid specifications, the ToN-,n Board hereby authorizes
the Supervisor to execute the contract documents as prepared by Morris Associates,
including the Notice of Award and Notice to Proceed and forward a copy to Bibeau
Construction, Inc., after the Attorney to the ToN-,n has confirmed that Bibeau
Construction, Inc., has duly executed the contract documents, has supplied the necessary
Performance Bond, Pavinent Bond and provided insurance certificates all as othery se
required by the bid specifications.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-138
Yes/Ape
No/Nap
Abstain
Absent
El adopted
❑ Adopted as
Amended
Barbara Uutzler
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
April 28, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-142
Resolution Accepting Modifications To Easement For War Memorial Park
WHEREAS, by Resolution dated August 22, 2011, the Town Board authorized an
acceptance of a permanent easement which would authorize the Memorial to Sergeant Mark C.
Palmateer on a portion of the premises owned by Greer Nine Realty Corp. (hereinafter the
"Owners") located on US Route 9 near its intersection with Old Hopewell Road; and
WHEREAS, the Owners have requested further amendments to the proposed easement
which are highlighted in the copy of the proposed easement attached hereto as Exhibit "1"; and
WHEREAS, the legal description of the proposed easement (Schedule A) and the sketch
of the design of the memorial (Schedule B) have been conceptually approved by Engineer to the
Town, Robert J. Gray, P.E., however the same have yet to be delivered to the Town; and
WHEREAS, the Town Board hereby approves the modifications to the proposed Grant
of Permanent Easement to Constrict a Memorial to the Victims of 911 and to Sergeant Mark C.
Palmateer the First Wappinger Resident to Die in the War Against Terrorism, in the form
attached hereto as Exhibit "1" with the understanding that the legal description of the proposed
easement and the sketch of the design of the memorial will be attached at a later date, subject to
the review and approval of the Engineer to the Town, Robert J. Gray, P.E.
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 approves and accepts the modifications to the
proposed Grant of Permanent Easement to Constrict a Memorial to the
Victims of 911 and to Sergeant Mark C. Palmateer the First Wappinger
Town of lf'appinger Page 9 Printed 522'2014
Regular Meeting Minutes April 28, 2014
Resident to Die in the War Against Terrorism, in the form attached hereto as
Exhibit "1" with the understanding that the legal description of the proposed
easement and the sketch of the design of the memorial will be approved at a
later date, subject to the review and approval of the Engineer to the Town,
Robert J. Gray, P.E.
3. The Town Board hereby authorizes acceptance of the revised permanent
easement for the purposes of establishing the Palmateer Memorial Park
located on the DCH Wappingers Falls Toyota site on US Route 9, Old Route
9, at its intersection with Old Hopewell Road, upon terms to be hereinafter
negotiated.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-142
Yes/Aye
No/Nap
Abstain
Absent
El adopted
❑ Adopted as
Amended
Barbara Uutzler
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
April 28, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-143
Resolution Appointing Board Of Assessment Review Member To Fill Vacancy
WHEREAS, by Resolution No. 2011-126 Kristina Costa was appointed to fill a vacancy
that existed on the Board of Assessment Review for the five year term of office expiring on
September 30, 2014; and
WHEREAS, Kristina Costa has submitted a letter to the Town Clerk dated April 27
2014 indicating that she will resign as a member of the Town of Wappinger Board of
Assessment Review effective immediately creating a vacancy in the office; and
WHEREAS, Carlo Pesce has expressed an interest in being appointed to the Town of
Wappinger Board of Assessment Review; and
WHEREAS, Carlo Pesce has a knowledge of property values in the Town of Wappinger
and meets the other statutory qualifications of a member of the BAR;
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 appoints Carlo Pesce to serve as Member of the Town of
Wappinger Board of Assessment Review to fill the vacancy for the term ending
September 30, 2014, said appointment to be effective immediately.
3. Carlo Pesce is directed to undergo the necessary training pursuant to Real
Property Tax Law § 523 and to file all necessary disclosure forms in accordance
with Real Property Tax Law § 523.
Town of lf'appinger Page 10 Printed 522'2014
Regular Meeting Minutes April 28, 2014
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-143
Revised Total
Assessment
Reduction
2012
$4,000,000.00
$3,000,000.00
$1,000,000.00
2013
$4,000,000.00
$3,000,000.00
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 Kuzmicz
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
April 28, 2014
The Resolution is hereby duly declared adopted.
Items for Special Consideration
1. Motion To: Untable Resolution 2014-121
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
RESOLUTION: 2014-121
Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding
DBvan Properties North, Llc.
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax
certiorari proceeding commenced in 2012 and 2013 by DBVan Properties North, LLC regarding
real property located at 4 Marshall Road, Grid 4 6157-07-749972, seeking a reduction in the
2012 and 2013 tax assessments for their respective tax roll; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of
this tax review proceedings; now, therefore be it
RESOLVED, that the Town Board of the Town of Wappinger hereby approves a
settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2012
and 2013, as it pertains to:
Grid No.: 6157-07-749972
Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2012
$4,000,000.00
$3,000,000.00
$1,000,000.00
2013
$4,000,000.00
$3,000,000.00
$1,000,000.00
; and be it further
Town of lf'appinger Page 11 Printed 522'2014
Regular Meeting Minutes April 28, 2014
RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq.,
Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary
and appropriate to effectuate the terms of this Resolution.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record
- Resolution RES -2014-121
Yes/Aye
No/Nap
Abstain
Absent
Q adopted
❑ Adopted as
Amended
Barbara Gutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Voter
El .......
❑
❑ .........
❑
❑ Tabled
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Seconder
Q
❑
❑
❑
Michael Kuzmicz
Mover
Q
❑
❑
❑
Dated: Wappingers Falls, New York
April 28, 2014
The Resolution is hereby duly declared adopted.
4. Councilman Kuzmicz
Councilman Kuzmicz asked Engineer Bob Gray for an update on Martz Field pavilion
particularly when to expect completion. Bob Gray said we will be out to bid before the next
town board meeting. He said he would like for it to completed in a month but if not he suggested
that campers could be moved to Carnwath farms to expedite the constriction of the pavilion. We
need to get the campers off the site while constriction is going on. Perhaps get it up and put the
slab in at the end of the season.
Councilman Kuzmicz asked about the porch at Carnwath and its update. Engineer Gray
reminded Councilman Kuzmicz that the bids were over $20,000 and could not be awarded
without going to bid. Supervisor Gutzler spoke with Senator Gipson's office who indicated that
there could be a grant to fiend the project.
Councilman Kuzmicz asked about controlling the speed with a lower speed limit on Route 376
and putting forth a resolution to the state to lower the speed to 40 MPH. Attorney Roberts
indicated that the state needs more than just a request for reduction, i.e. accident data; and, that
we need to beef up resolution. Councilman Beale reminded Councilman Kuzmicz that Route 9
has a 55 MPH speed limit south of Myers Corners. Attorney Roberts said he would consult w/
Dave Stollman's partner who might be able to get us some warrants in that area.
Councilman Kuzmicz reminded everyone that little league opening day was this upcoming
Saturday at 9:00 AM; and, reminded everyone about the Memorial Day ceremony at Schlathaus
Park.
5. Councilwoman Czarniecki
Councilman Czarnecki informed the board that Woodhill green has reserved town board room.
6. Councilman Beale
Councilman Beale is concerned about seniors who want to dump without a license. He admitted
that he doesn't know how to do it. Supervisor Gutzler promised to go through the notes that were
Town of lf'appinger Page 12 Printed 522'2014
Regular Meeting Minutes April 28, 2014
taken when the town board came up with the riles and re -group to discuss it. Councilman
Kuzmics suggested a time during the year for residents to have their brush and leaves picked up.
Supervisor Gutzler asked the Town Clerk what went into the decision making process as a
former Town Board member. The Town Clerk reminded her that he was not on the Town Board
when the fees were designed and implemented.
Councilman Beale asked about the WRWD sign facing route 9 and the many zoning violations
that are evident there. Attorney Roberts said there was stipulation that he could keep up his
junkyard and was filed with the county and approved. Councilman Bettina asked for the
documentation regarding this decision. Councilman Beale warned against a possible fire at that
location. He also mentioned the house across the street that had a falling roof. Engineer Gray
said a remedy was coming in right away. Councilman Beale was concerned about the low
opinion that outsiders could have of our town. Attorney Roberts indicated that this is a
stipulation by a former town attorney over 20 years ago.
X. New Business
XI. Executive Session
XII. Town Board Review of Vouchers
RESOLUTION: 2014-139
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board
Claim Packet: 2014-T
Vendor
A
(General
Town wide)
B
(General
PartTown)
DB
(Highway
Fund)
CBG
Challenger
Field
Central Hudson
350.89
Camo
Camo
520.00
Camo
638.60
Camo
Montfort Bros
298.59
NYS Empire Health Ins
7,203.37
4,979.92
3,480.76
Poughkeepsie Journal
58.32
Royal Carting
9,129.42
TOW Little League
Town of lf'appinger Page 13 Printed 5/22'2014
Regular Meeting Minutes April 28, 2014
5,000.00
Home Depot
44.23
Home Depot
91.89
Home Depot
14.96
Home Depot
30.48
Home Depot
19.68
Signal Graphics
47.42
DC Sherriff Office
135.55
DC Sherriff Office
11,376.27
Sedore & Co
2,540.00
Bottoni Fuel
5,543.76
Bottoni Fuel
644.55
Al Roberts
5,865.00
1,981.71
35.00
Al Roberts
Al Roberts
1,266.78
Al Roberts
Al Roberts
2,263.32
Al Roberts
Al Roberts
Al Roberts
2,170.00
Al Roberts
37.00
Al Roberts
35.00
Al Roberts
Al Roberts
1,435.00
Al Roberts
Al Roberts
Town of lf'appinger Page 14 Printed 5/22'2014
Regular Meeting Minutes April 28, 2014
Arkel Motors
4,628.37
Thalle Ind
610.50
Kearns Electric
120.00
Williams Lumber
241.74
Williams Lumber
61.90
Justice Court Fund
25, 533.00
Angels Power Equip
516.85
Wells Fargo
327.56
W B Mason
329.90
Auto Zone
263.69
Fredrick Awino
94.70
Hannaford
22.76
Hannaford
17.96
Hannaford
8.38
Great America
Leasing
580.50
Inter City Tire
1,456.80
Donna Lenhart
130.06
Roberts IT Consulting
3,910.00
JK Power Equip
813.18
Barbara McCormack
180.00
R&J Tree Sery
Herring Sanitation
450.00
Georgia Crisafulli
16.89
Domenica Haines
60.00
Totals
$68,572.54
$24,239.71
$14,764.96
Town of lf'appinger Page 15 Printed 5/22'2014
Regular Meeting Minutes April 28, 2014
Vendor T33 (Parkland T92
Trust) (Planning &
Zoning
Escrows)
Central Hudson
Camo
Camo
Camo
Camo
Montfort Bros
NYS Empire Health Ins
Poughkeepsie Journal
Royal Carting
TOW Little League
Home Depot
Home Depot
Home Depot
Home Depot
Home Depot
Signal Graphics
DC Sherriff Office
DC Sherriff Office
Sedore & Co
Bottoni Fuel
Bottoni Fuel
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Arkel Motors
Thalle Ind
Kearns Electric
Williams Lumber
Williams Lumber
Justice Court Fund
Angels Power Equip
Wells Fargo
W B Mason
Auto Zone
70.00
arlisrs
1,625.00
3,045.00
192.50
787.50
HWN
WU
(Wappinger
(United
Water Main
Wapp. Water
Project)
Fund)
1,270.00
6,440.00
1,147.50
Town of lf'appinger Page 16 Printed 5/22'2014
Regular Meeting Minutes April 28, 2014
Fredrick Awino
Hannaford
Hannaford
Hannaford
Great America Leasing
Inter City Tire
Donna Lenhart
Roberts IT Consulting
JK Power Equip
Barbara McCormack
R&J Tree Sery
Herring Sanitation
Georgia Crisafulli
Domenica Haines
Totals
Vendor
Central Hudson
Camo
Camo
Camo
Camo
Montfort Bros
NYS Empire Health Ins
Poughkeepsie Journal
Royal Carting
TOW Little League
Home Depot
Home Depot
Home Depot
Home Depot
Home Depot
Signal Graphics
$7,700.00
$70.00 $6,560.00 $15,410.00 $1,147.50
SU (United Paid Town Board Hold
Wapp. Sewer
fund)
350.89
910.00
520.00
638.60
298.59
15,664.05
58.32
9,129.42
5,000.00
44.23
91.89
14.96
30.48
19.68
47.42
1,625.00
Town of lf'appinger Page 17 Printed 5/22'2014
Regular Meeting Minutes April 28, 2014
DC Sherriff Office
DC Sherriff Office
Sedore & Co
Bottoni Fuel
Bottoni Fuel
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Arkel Motors
Thalle Ind
Kearns Electric
Williams Lumber
Williams Lumber
Justice Court Fund
Angels Power Equip
140.00
251.00
135.55
11, 376.27
2,540.00
5,543.76
644.55
7,951.71
1,147.50
1,266.78
1,270.00
2,263.32
140.00
251.00
2,170.00
37.00
35.00
6,440.00
4,480.00
787.50
4,628.37
610.50
120.00
241.74
61.90
25,533.00
516.85
192.50
Town of lf'appinger Page 18 Printed 5/22'2014
Regular Meeting Minutes April 28, 2014
Wells Fargo
W B Mason
Auto Zone
Fredrick Awino
Hannaford
Hannaford
Hannaford
Great America Leasing
Inter City Tire
Donna Lenhart
Roberts IT Consulting
JK Power Equip
Barbara McCormack
RU Tree Sery
Herring Sanitation
Georgia Crisafulli
Domenica Haines
Totals $391.00
$131,190.71
327.56
329.90
263.69
94.70
22.76
17.96
8.38
580.50
1,456.80
130.06
3,910.00
813.18
180.00
7,700.00
450.00
16.89
60.00
$21,923.00 $107,450.21 $1,817.50
5 52
$131,190.71
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 April 28, 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 -2014-139
Yes/Aye
No/Nap
Abstain
Absent
El adopted
❑ Adopted as
Amended
Barbara Gutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Mover
El
❑
❑
❑
❑ Tabled
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Voter
El
❑
❑
❑
Michael huzmicz
Seconder
Q
❑
❑
❑
Town of lf'appinger Page 19 Printed 522'2014
Regular Meeting Minutes April 28, 2014
Dated: Wappingers Falls, New York
April 28, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-140
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board
Claim Packet: 2014-U
Vendor
A
(General
Town
wide)
B
(General
PartTown)
DB
(Highway
Fund)
CBG
Challenger
Field
Central Hudson
3,899.76
Central Hudson
2,136.19
Central Hudson
45.35
Central Hudson
1,421.55
Bottoni Fuel
9,391.91
Bottoni Fuel
18,011.50
West Payment Center
192.00
Al Roberts
3,972.50
Tri -Muni Sewer Comm
Chemung Supply
6,793.00
Tire King
437.42
Tire King
1,086.57
Staples
33.60
Staples
58.91
Atlas Star
38.00
Schneider Elec Telvent
606.00
DC Dept of Health
95.00
Cablevision
164.80
Barbara Roberti
Town of lf'appinger Page 20 Printed 5/22'2014
Regular Meeting Minutes April 28, 2014
Vendor
WU
25.00
Paid
Barbara Roberti
(United
Wapp.
Wapp.
25.00
Water
Sewer
D & D Doors
150.00
Fund)
fund)
Orrick Herrington LLP
914.56
Orrick Herrington LLP
1,369.75
7,605.25
Wappinger Auto Tech
363.95
Embroid Me Joe Jr.
313.90
Comfort of Home Sery
12, 700.00
CRL Spreader Chain
827.95
Totals
$15,381.70
$447.55
$44,150.17
$12,700.00
Vendor
WU
SU
Paid
(United
(United
Wapp.
Wapp.
Water
Sewer
Fund)
fund)
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Bottoni Fuel
Bottoni Fuel
West Payment Center
Al Roberts
Tri -Muni Sewer Comm
Chemung Supply
Tire King
Tire King
Staples
Staples
Atlas Star
Schneider Elec Telvent
DC Dept of Health
223,417.26
3,899.76
2,136.19
45.35
1,421.55
95.00
Town of lf'appinger Page 21 Printed 5/22'2014
Regular Meeting Minutes April 28, 2014
Cablevision
164.80
Barbara Roberti
Barbara Roberti
D & D Doors
Orrick Herrington LLP
1,060.88
914.56
Orrick Herrington LLP
Wappinger Auto Tech
Embroid Me Joe Jr.
Comfort of Home Sery
CRL Spreader Chain
Totals
$914.56
$224,478.14
$7,762.65
6
$298,072.12
Vendor
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Bottoni Fuel
Bottoni Fuel
West Payment Center
Al Roberts
Tri -Muni Sewer Comm
Chemung Supply
Tire King
Tire King
Staples
Staples
Atlas Star
Schneider Elec Telvent
DC Dept of Health
Cablevision
Barbara Roberti
Barbara Roberti
D & D Doors
Orrick Herrington LLP
Town Board Hold
9,391.91
18,011.50
192.00
3,972.50
223,417.26
6,793.00
437.42
1,086.57
33.60
58.91
38.00
606.00
25.00
25.00
150.00
Town of lf'appinger Page 22 Printed 5/22'2014
Regular Meeting Minutes April 28, 2014
Orrick Herrington LLP
Wappinger Auto Tech
Embroid Me Joe Jr.
Comfort of Home Sery
2,890.00
8,975.00
363.95
313.90
12,700.00
CRL Spreader Chain
827.95
Totals $290,309.47 $0.00
21
$298,072.12
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 April 28, 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 -2014-140
B
DB
T92
(General
(General
(Highway
(Planning &
Yes/Aye
No/Nap
Abstain
Absent
El adopted
wide)
Escrows)
Camo
❑ Adopted as
Amended
Barbara Uutzler
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Mover
Q
❑
❑
❑
❑ Tabled
Vincent Bettina
Voter
El
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Voter
Q
❑
❑
❑
Michael huzmicz
Seconder
Q
❑
❑
❑
Dated: Wappingers Falls, New York
April 28, 2014
The Resolution is hereby duly declared adopted.
RESOLUTION: 2014-141
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board
Claim Packet: 2014-V
Vendor
A
B
DB
T92
(General
(General
(Highway
(Planning &
Town
PartTown)
Fund)
Zoning
wide)
Escrows)
Camo
25.00
Town of lf'appinger Page 23 Printed 522'2014
Regular Meeting Minutes April 28, 2014
Camo
25.00
Camo
42.00
Camo
500.00
Montfort Brothers
374.40
MVP Health Ins
21,864.95
22,584.16
4,027.75
MVP Gold Health Ins
2,462.60
First Unim Life Ins
222.86
60.78
162.08
Baright Enterprises
63.00
CSEA H/W Optical Dental
3,003.84
Dept of Water Supply
130.71
Celia Sigalow Translator
140.00
Tire King
1,082.48
Village of Fishkill
Staples
21.75
Fishkill Plains Garage
12.00
Wells Fargo
272.43
272.42
Poland Spring Water
117.77
CDW-G Supplies
131.64
Christian Harkins
Reimburse
300.00
Cornerstone
362.19
35.12
Paetec
594.87
20.48
Sweeper Parts
1,043.35
Sweeper Parts
346.00
Town of lf'appinger Page 24 Printed 5/22'2014
Regular Meeting
JK Power Equipment
Totals
Vendor
Camo
Camo
Camo
Camo
Montfort Brothers
MVP Health Ins
►GM aerie 1341MM 5 R111rW.
First Unim Life Ins
Baright Enterprises
CSEA H/W Optical Dental
Dept of Water Supply
Celia Sigalow Translator
Tire King
Village of Fishkill
Staples
Fishkill Plains Garage
Wells Fargo
Poland Spring Water
CDW-G Supplies
Christian Harkins
Reimburse
Cornerstone
Paetec
Minutes
746.60
$29,252.31 1 $4,501.30
WF
(Fleetwood
Water District)
7,980.29
Paid
48,476.86
2,462.60
445.72
3,003.84
544.85
397.31
615.35
$26,794.62 1 $500.00
Town Board Hold
25.00
25.00
42.00
500.00
374.40
63.00
130.71
140.00
1,082.48
7,980.29
21.75
12.00
117.77
131.64
300.00
April 28, 2014
Sweeper Parts 1,043.35
Sweeper Parts 346.00
JK Power Equipment 746.60
Totals $7,980.29 $55,946.53 $13,081.99 $0.00
7 18
$69,028.52 $69,028.52
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 April 28, 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 -2014-141
Q Adopted Yes/Aye No/Nay Abstain Absent
Town of lf'appinger Page 25 Printed 522'2014
Regular Meeting Minutes April 28, 2014
❑ Adopted as Amended
Barbara Gutzler
Voter
El
❑
❑
❑
❑ Defeated
William H. Beale
Mover
Q
❑
❑
❑
❑Tabled
Vincent Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Ismav Czarniecki
Voter
Q
❑
❑
❑
Michael Kuzmicz
Seconder
Q
❑
❑
❑
Dated: Wappingers Falls, New York
April 28, 2014
The Resolution is hereby duly declared adopted.
XIII. Adjournment
XIV. Motion To: Wappinger Adjournment & Signature
The meeting adjourned at 9:00 PM.
Joseph P.Paoloni
Town Cleric
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Ismay Czarniecki, Councilwoman
AYES:
Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Town of lf'appinger Page 26 Printed 522'2014