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2015-03-23Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, March 23, 2015 7:30 PM Town Hall I. 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 Absent Vincent Bettina Town of Wappinger Deputy Supervisor Present 7:30 PM Ismay Czarniecki Town of Wappinger Councilwoman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Albert Roberts Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:35 PM David Stolman Consultant Planner Present 7:30 PM II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William Ciccarelli, Ismay Czarniecki, Michael Kuzmicz ABSENT: William H. Beale IV. Accept Minutes 1. Monday, March 09, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: William Ciccarelli, Deputy Supervisor SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Ciccarelli, Czarniecki, Kuzmicz V. Correspondence Log RESOLUTION: 2015-93 Town of Wappinger Page 1 Printed 5/11/2015 Regular Meeting Minutes March 23, 2015 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log !1�"1 0 ! 1 Number To From Date Date Rec I Re: Agenda Date 03.23M1 Town Board Heather L. Kitchen 03-23.002 Town Board Bill 5 mslie 319/2015 3/15/2015 3112/2015 3/17/2015 Town Justice Re ort for Februa 2015 Permission to use Chapel at Carnwarth Farms 3123/2015 3/23/2015 03-23-003 Town Board Patricia Mau in 3/17/2015 3/17/2015 Receiver of Taxes Monthly Report Jan. 2015 3/23/2015 03.23.004 Town Board Patricia Maupin 3/17/2015 3/17/2015 Receiver of Taxes Monthly Report Feb. 2015 3/23/2015 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 -2015-93 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter ❑ ❑ ❑ Q ❑ Tabled Vincent Bettina Mover Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarnecki Seconder Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2015 The Resolution is hereby duly declared Adopted. VI. Public Portion 1. Motion To: Open the Public Portion Resident Mary Schmalz asked if residents would be able to use Carnwath Park after the HOPs began use. Additionally, she asked how HOPS could begin use in the spring while the sports museum had also asked for use of the chapel. Supervisor Gutzler responded that there was still discussions going on with the HOPs people, however the public will not be denied use of the park. Attorney Roberts interrupted saying this is all pre -mature and the details are yet to come. Supervisor Gutzler re -iterated that nothing has taken effect and nothing has been finalized. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Barbara Gutzler, William Ciccarelli, Ismay Czarnecki, Michael Kuzmicz ABSENT: William H. Beale Town of Wappinger Page 2 Printed 5/11/2015 Regular Meeting Minutes March 23, 2015 2. Motion To: Close the Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Barbara Gutzler, William Ciccarelli, Ismay Czarnecki, Michael Kuzmicz ABSENT: William H. Beale VII. Discussions A. Highway Buildings Progress Report Engineer Gray solicited 4 proposals for the highway building work. Councilman Bettina pointed out that the 'use' violations would not be fixed, only the 'structural' violations. Engineer Gray agreed and said that the 'use' violation would need to be corrected through the management at the highway department. 1. Motion To: Award Highway Work to One Way Contruction Services as the low bidder. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Deputy Supervisor SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William Ciccarelli, Ismay Czarnecki, Michael Kuzmicz ABSENT: William H. Beale B. Code Enforcement Department Security Window Steve Frazier rose to address the board about the service window for the Code enforcement department. He asked to move forward with the purchase of a window similar to the town clerk's or tax receiver's window. He also explained that there would be a pass code lock and a 'buzzing -in' mechanism. 1. Motion To: Have Steve Frazier Proceed with Code Enforcement Window RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Deputy Supervisor SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William Ciccarelli, Ismay Czarnecki, Michael Kuzmicz ABSENT: William H. Beale VIII. Executive Session 1. Motion To: Go Into Executive Session Town of Wappinger Page 3 Printed 5/11/2015 Regular Meeting Minutes March 23, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Barbara Gutzler, William Ciccarelli, Ismay Czarnecki, Michael Kuzmicz ABSENT: William H. Beale 2. Motion To: Come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Barbara Gutzler, William Ciccarelli, Ismay Czarnecki, Michael Kuzmicz ABSENT: William H. Beale IX. Resolutions RESOLUTION: 2015-94 Resolution Authorizing Acceptance Of Agreement With Surety WHEREAS, the Town of Wappinger has been required to call upon a payment bond for a certain contract; and WHEREAS, the Town of Wappinger has entered into an agreement with the Surety to enforce the obligations under the bond; and WHEREAS, as discussed and approved in executive session, the Town Board finds that it is in the best interest of the residents of the Town of Wappinger to accept the letter agreement of indemnification from Ironshore Indemnity, Inc. dated February 9, 2015. 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 accepts the letter agreement of indemnification from Ironshore Indemnity, Inc. dated February 9, 2015 on behalf of the United Wappinger Water District and the Town of Wappinger as discussed in executive session. 3. The Supervisor Barbara A. Gutzler and the Attorney to the Town are further authorized and directed to take whatever steps are reasonable and necessary to implement the provisions of this Resolution The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-94 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter ❑ ❑ ❑ Q ❑ Tabled Vincent Bettina Seconder Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarnecki Mover Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Town of Wappinger Page 4 Printed 5/11/2015 Regular Meeting Minutes March 23, 2015 Dated: Wappingers Falls, New York March 23, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-95 Resolution Authorizing Appraisal Of Carnwath Estate To Determine Lease Value Thereof WHEREAS, in 1998, the Town acquired property then known as the Greystone Estate and now known as the Carnwath Estate located on Wheeler Hill Road in the Town with frontage along the Hudson River; and WHEREAS, the property consists of approximately 99.5 acres of land, portions of which are improved by a 19th mansion, a dormitory building, a large chapel, a carriage house and other related buildings and detached structures; and WHEREAS, in order to defray the cost of the purchase of this property the Town made an application to the Dutchess County Open Space and Farmland Protection Matching Grant Fund for a Grant for $280,000; and WHEREAS, Dutchess County approved the grant up to $280,000; and WHEREAS, as a precondition to receiving such Grant, the Supervisor of the Town was granted the authority to execute a "Grant Agreement For The Acquisition Of Conservation Easement" and a Conservation Easement pursuant to Resolution No. 2003-284 adopted on December 8, 2003; and WHEREAS, pursuant to Resolution No. 2003-284, the Town Board excluded approximately 6 acres of the Carnwath Estate property from the Conservation Easement which is now commonly known as the "Donut Hole"; and WHEREAS, the Town executed the Conservation Easement on June 22, 2004 which was recorded in the Dutchess County Clerk's Office on June 22, 2004 at document 4 02 2004 6451; and WHEREAS, pursuant to Resolution No. 2003-284, the Town Board designated the remaining acreage of the Carnwath Estate (now commonly referred to as the "Donut") as Parkland containing approximately 93.5 acres, which was also subject to the terms of the above - referenced Conservation Easement; and WHEREAS, the "Donut Hole" is not subject to Parkland designation or the Conversation Easement; and WHEREAS, the "Donut Hole" contains the improvements above-described - a 19th mansion, a dormitory building, a large chapel, a carriage house and other related buildings and detached structures; and WHEREAS, "Hudson Valley Hops", a new farm project of New York Hops and Grains XE, LLC (NYHG), has submitted a proposal for the use and development of the various buildings and land contained within the "Donut Hole" into a center that supports local agricultural production and agricultural products consistent with the guidelines adopted by the New York State Department of Agriculture which will promote public awareness of local agricultural activities and also serve as an incubator for agricultural businesses with related agricultural, educational and recreational programs; and WHEREAS, Hudson Valley Hops has requested the Town to lease the "Donut Hole", and potentially other portions of the Carnwath Estate for the uses above specified, consistent Town of Wappinger Page 5 Printed 5/11/2015 Regular Meeting Minutes March 23, 2015 with the Parkland designation, the Conservation Easement Deed and consistent with farm uses in accordance with the guidelines adopted by the New York State Department of Agriculture; and WHEREAS, the Town requires appraisal services to assess the market value of the property it seeks to lease to Hudson Valley Hops. 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 appoints Donald McGrath of McGrath and Company, Inc., to prepare an appraisal of the Carnwath Estate for the purpose of determining the lease value of the Carnwath Estate, specifically the "Donut Hole", as well as potentially other portions of the Carnwath Estate which Hudson Valley Hops may request to lease, in furtherance of the above-described objectives. 3. Donald McGrath of McGrath and Company, Inc. is authorized to be paid in accordance with his previous retainer submitted to the Town for appraisal services. The Town Supervisor is authorized to enter into a written agreement with Donald McGrath of McGrath and Company, Inc. for the appraisal services authorized herein. 4. The Attorney to the Town, Albert P. Roberts, is hereby directed to review and approve any such agreement prior to the Supervisor executing same. 5. This appraisal will move forward upon the posting of the appropriate escrow. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-95 Yes/Aye No/Nay Abstain Absent ❑ Adopted Q Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter ❑ ❑ ❑ Q ❑ Tabled Vincent BettinaVoter Q El El ElElWithdrawn Ismay Czarniecki_ Mover Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2015 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2015-96 Resolution Authorizing Attorney To The Town, As Special Prosecutor, To Obtain Dmv Records In Connection With Nys Dmv Violations BE IT RESOLVED, that Albert P. Roberts, Attorney to the Town, and other attorneys in his office who are authorized to act as Special Prosecutor in the Town of Wappinger, are hereby authorized to obtain Department of Motor Vehicle (DMV) records of all defendants who appear in the Town of Wappinger Justice Court in connection with NYS DMV violations; and BE IT FURTHER RESOLVED, that the Town Board acknowledges that this information is only available to Special Prosecutors and is not available to the general public; and BE IT FURTHER RESOLVED, that the Town Board also acknowledges that this information has been requested by the local Town Justices. Town of Wappinger Page 6 Printed 5/11/2015 Regular Meeting Minutes March 23, 2015 0 0 BE IT FURTHER RESOLVED, that the Town Board also acknowledges that this agreement will sunset on 12/31/2015. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-96 Yes/Aye No/Nay Abstain Absent ❑ Adopted Q Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter ❑ ❑ ❑ Q ❑ Tabled Vincent BettinaVoter Q El El ElElWithdrawn Ismay Czarnecki_ Mover Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 23, 2015 The Resolution is hereby duly declared Adopted as Amended. New Items/Items to Re-Visit/Items for Special Consideration Councilman Kuzmicz Councilman Kuzmicz asked the supervisor to send a letter to Congressman Maloney to ask for funds to pay for engineering studies for the town and county owned culverts along All Angels Hill Road citing difficulty that residents are having in that area regarding the FEMA maps and subsequent insurance. He felt that the changes were unnecessary and burdensome on them and therefore is requesting the federal government provide funding for an engineering study to change the FEMA decision. 1. Motion To: Ask the Supervisor to send a letter to Congressman for FEMA Study. B. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Deputy Supervisor SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William Ciccarelli, Ismay Czarnecki, Michael Kuzmicz ABSENT: William H. Beale Councilman Bettina Councilman Bettina offered to set an escrow for the Hudson Valley HOPS project in the amount of $10,000. 1. Motion To: Establish an Escrow for the HOPS project at Carnwath in the amount of $10,000 Town of Wappinger Page 7 Printed 5/11/2015 Regular Meeting Minutes March 23, 2015 RESULT: MOVER: SECONDER: AYES: ABSENT: XI. Adjournment ADOPTED [UNANIMOUS] William Ciccarelli, Deputy Supervisor Michael Kuzmicz, Councilman Barbara Gutzler, William Ciccarelli, Ismay Czarnecki, Michael Kuzmicz William H. Beale Motion To: Wappinger Adjournment & Signature The meeting adjourned at 8:30 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Barbara Gutzler, William Ciccarelli, Ismay Czarnecki, Michael Kuzmicz ABSENT: William H. Beale Town of Wappinger Page 8 Printed 5/11/2015