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2014-10-02Town of Wappinger Special Meeting — Minutes — 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Thursday, October 2, 2014 7:30 PM Town Hall Call to Order Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Vincent Bettina Town of Wappinger Councilman Present 7:30 PM Ismay Czarniecki Town of Wappinger Councilwoman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Albert Roberts Town of Wappinger Attorney -to -the -town Present 7:30 PM Pledge of Allegiance Adoption of Agenda 1. Motion To: Amendment Supervisor Gutzler asked to add Resolution 2014-241 Authorizing Release Of Municipal Search Without Personal Inspection; and, Resolution 2014-242 Authorizing A Public Hearing On The Intended Use Of Dutchess County Community Development Block Grant Funds & The Submission Of The Grant Application For Fiscal Year 2015. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 2. Motion To: Adopt the amended agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IV. Accept Minutes 1. Motion To: Table until the Regular Town Board meeting. The minutes were ready for the next regular town board meeting, but as this Special Town board Tower Page I Arinted 10'152014 Special Meeting Minutes October 2, 2014 V. VI. meeting came a week and a half earlier than the Regular town board meeting, the board felt it needed more time to go over the minutes. The acceptance of the minutes was tabled. RESULT: WITHDRAWN [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Budget Distributed by the Town Clerk Resolutions RESOLUTION: 2014-239 Resolution Granting Permission For The Town Of Wappinger To Apply For A Justice Court Assistance Program (Jcap) Grant WHEREAS, the ToN-,n of Wappinger Justice Court is eligible for a grant from the State of New York Unified Court System through the Justice Court Assistance Program; and WHEREAS, ToN-,n of Wappinger Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Cleric, Chervl Halt, have recommended an application for such grant be made; and WHEREAS, ToN-,n Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Cleric, Chervl Halt have prepared an application to the Justice Court Assistance Program Grant in the form attached hereto; and WHEREAS, the application Nvas required to be submitted to the New York State Office of Court Administration by October 15, 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 ToN-,n Board hereby authorizes an application to be made on behalf of the ToN-,n of Wappinger Justice Court pursuant to the Justice Court Assistance Program for a grant in as set forth in the copy of the attached application for said Grant. 3. The ToN-,n Board hereby authorizes said application to be signed by Supervisor Barbara A. Gutzler as Nvell as ToN-,n Justices Carl S. Wolfson and Heather L. Kitchen, by and on behalf of the ToN-,n of Wappinger Justice Court, and further authorizes Justice Court Chief Cleric Chervl Halt to submit the application to the New York State Office of Court Administration to comply Nvith the October 15, 2014 submission date. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-239 Yes/Ape 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 October 02, 2014 Tower of lf'appinger Page 2 Printed 10'152014 Special Meeting Minutes October 2, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-240 Resolution Accepting Proposed Benefit Assessment Rolls For Special Improvement Districts And Special Improvement Areas For Fiscal Year 2015 And Setting A Public Hearing To Hear Any Objections Thereto WHEREAS, the ToN-,n Assessor has created preliminary benefit assessment rolls for all Special Improvement Districts and Improvement Areas Nvithin the ToN-,n of Wappinger for the Fiscal Year 2015 and has fled said benefit assessment rolls Ne th the ToN-,n Cleric pursuant to ToN-,n Law § 239; and WHEREAS, the ToN-,n Board, as required by ToN-,n Law § 239, hereby schedules and orders a Public Hearing to be held on October 22, 2014 as hereinafter provided for the purposes of hearing and considering any objections which may be made to the aforementioned benefit assessment rolls for the Special Improvement Districts and Special Improvement Areas for Fiscal Year 2015. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The ToN-,n Board hereby confirms that the preliminary benefit assessment rolls for all Special Improvement Districts and Special Improvement Areas in the ToN-,n of Wappinger have been filed Nvith the ToN-,n Cleric as required by ToN-,n Law §239. The ToN-,n Board hereby schedules a Public Hearing to be held at a Special Meeting of the ToN-,n Board on October 22, 2014 at 7:30 p.m. at ToN-,n Hall, 20 Middlebush Road, Wappingers Falls, New York for the purposes of hearing and considering any objections which may be made to the benefit assessment rolls for the Special Improvement Districts and Special Improvement Areas in the ToN-,n of Wappinger listed below for Fiscal Year 2015: SPECIAL IMPROVEMENT DISTRICTS Tovm-Nvide Ambulance District United Wappinger Water District Fleetwood Water District United Wappinger SeNver District Wildwood SeNver District Fleetwood SeNver District Cameli Lighting District Chelsea Lighting District Hughsonville Lighting District The Regency at Wappinger Lighting District Keenan Acres Drainage District Blackwatch Farms Drainage District Meadowood Drainage District Shamrock Hills Drainage District Tuscany Subdivision Drainage District Tower of lf'appinger Page 3 Printed 10'152014 Special Meeting Minutes October 2, 2014 SPECIAL IMPROVEMENT AREAS: WST/TIA - Phases 1 & 2 WST/TIA - Phase 3A Sewer Improvement Area 45 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Tall Trees Water Improvement Area Watch Hill Water Improvement Area Mid -Point Park Sewer Improvement Area 4. The ToN-,n Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the Tovm's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) nor more than twenty (20) days prior to said public hearing date and to post the Notice of Public Hearing on the Message Board of the ToN-,n and on the Tovm's website. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-240 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 Voter Q ❑ ❑ ❑ Michael huzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York October 02, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-241 Resolution Authorizing Release Of Municipal Search Without Personal Inspection WHEREAS, Carl Barone, the attorney representing Izette Santiago Mendez, the purchaser of a single-family residence located on 17 Quarry Drive in the Town of Wappinger, has requested the release of a municipal department search without the requisite personal inspection; and WHEREAS, pursuant to Resolution dated February 8, 2010, the Town Board required a personal inspection of any property for which a municipal department search has been requested, to determine whether or not there were any illicit discharges to the sewer system; and WHEREAS, the purchaser is obtaining a mortgage from Wells Fargo Bank which requires a municipal search before closing; and WHEREAS, the seller's listing agent will not permit a personal inspection by the Town; and WHEREAS, the purchaser has agreed to post a $500.00 security deposit with the Town of Wappinger provided that a municipal department search is released by the Town's Code Enforcement official based only on internal Town of Wappinger files; and WHEREAS, the purchaser has agreed to allow the Town's Code Enforcement official to do a personal inspection within 5 days of closing and to remedy any discovered violations as Tower of lf'appinger Page 4 Printed 10'152014 Special Meeting Minutes October 2, 2014 soon as practicable but no later than 60 days from date of closing; and WHEREAS, the purchaser will post the sum of $500.00 with the Town of Wappinger as security to insure that all violations will be remedied as above stated. 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. The Town Board hereby authorizes the Town of Wappinger Code Enforcement official to issue a municipal department search based only on internal Town of Wappinger files without a personal inspection as subject to the conditions above set forth The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-241 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 Seconder Q ❑ ❑ ❑ Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York October 02, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-242 Resolution Authorizing A Public Hearing On The Intended Use Of Dutchess County Community Development Block Grant Funds And The Submission Of The Grant Application For Fiscal Year 2015 WHEREAS, the Dutchess County Department of Planning and Development is soliciting applications for the 2015 Community Development Block Grant Program; and WHEREAS, the Town of Wappinger intends to make application for a Community Development Block Grant pursuant to the Dutchess County Department of Planning and Development's Community Development Block Grant Program for fiscal year 2015; and WHEREAS, the Town of Wappinger is required to hold a Public Hearing to discuss the Town's intended use of Community Development Block Grant Funds prior to and in fiirtherance of making application for said fiinds. 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 schedules a Public Hearing to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 14th day of October, 2014 at 7:30 P.M. at such time all parties and citizens shall have an opportunity to be heard as to the grant proposal for the Community Development Block Grant Funds being applied for by the Town of Wappinger for calendar year 2015. Tower of lf'appinger Page 5 Printed 10'152014 Special Meeting Minutes October 2, 2014 3. The Town Board has determined that pursuant to 6 NYCRR 617.5(c)(21) the proposed adoption of the aforementioned Resolution is a Type II action not requiring environmental review pursuant to the State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 and, accordingly, no environmental review has been undertaken. 4. The Town Clerk is hereby directed to post and publish the Notice of Public Hearing in the form annexed hereto which said publications are to be made in the Poughkeepsie Journal and the Southern Dutchess News at least five (5) days prior to the scheduled Public Hearing and post same on the Town's website. 5. The Town Board hereby fiirther authorizes and directs the Attorney to the Town, Albert P. Roberts, and the Engineer to the Town, Robert J. Gray, to assist the Supervisor to prepare and submit the Grant Application for fiscal year 2015. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-242 Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Mover El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Seconder Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York October 02, 2014 The Resolution is hereby duly declared adopted. VII. Adjournment 1. Motion To: Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Tower of lf'appinger Page 6 Printed 10'152014