The URL can be used to link to this page

2015-03-23PTown 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 Call to Order Attendee Name Barbara Gutzler William H. Beale Vincent Bettina Ismay Czarniecki Michael Kuzmicz Joseph P. Paoloni Albert Roberts Bob Gray David Stolman Salute to the Flag Organization Town of Wapping( Town of Wapping( Town of Wapping( Town of Wapping( Town of Wapping( Town of Wapping( Consultant Consultant Consultant Adoption of Agenda 1. Motion To: Adopt Agenda Title Supervisor Councilman Deputy Supervisor Councilwoman Councilman Town Clerk Attornev Planner Status Present Absent Present Present Present Present Present Present Present Arrived 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:35 PM 7:30 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, 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 Czarniecki, Councilwoman AYES: Gutzler, Beale, Ciccarelli, Czarniecki, Kuzmicz V. Correspondence Log RESOLUTION: 2015-93 Town of Wappinger Page I Printed 511112015 Regular Meeting Minutes March 23, 2015 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Loq - 2015- -2 Number T® From Date Date Red Re: A euela Date 013,23-001 Town Board Heather L. Kitchen 319/2515 311212015 Town Justice Report for FebruarV 2015 3123/2015 013-23-0102 Town Board Bill Eirmslie 3/15120115 3/17f2015 Permission to use Chapel at Carnwarth Farms 3f23/2015 013-23-0013 Town Board Patricia Mau ill 3/1712515 311712515 Receiver of Taxes Monthly Report Jail. 2515 312312515 013,23-0704 Town Board Patricia Mau ill 3/17/2515 3/17/2515 Receiver of Taxes Monthly Report Feb 2515 3123/2515 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 Absent Q Adopted „ „No/Nay„ „Abstain „ ❑ Adopted as Amended utz Barbara Gler Voter Q ❑ ❑ ❑ „ ❑ Defeated William H. Beale .................... ................ Voter ❑ ❑ ❑ Q ❑ Tabled Vincent Bettina Mover Q .............. ❑ ..... ,...... ❑ .... ❑ .... ❑ Withdrawn Ismay CzarneckiSeconder 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 511112015 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 511112015 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: I . 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 Q Adopted „Yes/Aye „No/Nay„ „Abstain„ „Absent„ ❑ Adopted as Amended Barbara Gutzler Voter Q ....... ................ ❑ ........ ❑ .. ....... .. ❑ ❑Defeated William H. Beale .. Voter ...................... ❑ ....... ❑ ..... ❑...... ....... ..... Q ............ ❑ Tabled Vincent Bettina .................. Seconder ,.........Q ........ Q ...... ❑ ❑ ...... ❑ ........... ❑ Withdrawn IsmCzarnecki a �'.... Mover ❑ ❑ ❑...... Michael Kuzmicz Voter Q ❑ ❑ ❑ Town of Wappinger Page 4 Printed 511112015 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 # 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 511112015 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 ❑ Adopted „Yes/Aye„ „No/Nay„ „Abstain„ „Absent„ Q Adopted as Amended Barbara Gutzler Voter Q ❑❑ ... ,...... ❑ ❑ Defeated William H. Beale ..................... Voter.. ❑.........,.........❑.. ❑ ..... Q .... ❑ Tabled Vincent Bettina Voter... ..... Q .............. ❑ .... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay Czarniecki ....................Seconder Mover Q ❑ ❑ ❑ MichaelKuzmicz 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 511112015 Regular Meeting Minutes March 23, 2015 V 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 ❑ Adopted „Yes/Aye „No/Nay„ „Abstain„ „Absent„ Q Adopted as Amended Barbara Gutzler .... Voter Q ......... ❑ ........... ❑ .. ...Q ❑ ❑Defeated . eale WillamHB............................... Voter ....... ❑ ..............,........... ❑ ......... ❑ ............................ .. ❑ Tabled Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarnecki Mover Q ................ ❑ ................. ❑ ❑ ........ Michael Kuzmicz Seconder Q 11 11 ❑ 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 511112015 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 511112015 Packet Pg. 9 2 LO LCA LO LCA caOOOO p N N N N m Cl) M M M .a N N N N C M Cl) M CO d Q U E LC) Lo L r ON T LL N O m 03� LL N i O O Uaa)) aa)) ry ci LL:E >, �T >, L Q C C O O o U sZ a) M M �w i `; () 0 m Ca Y C O O ® O � Q) N E LU m m U. O a) a) a) ® Lf) T U.) T U.) r Ln r y C) C) 0 C) r r r r .1J Q M M M M ® L() Ln m LC) d r O r O r O r O NN N N W U) I-- I— M M I _ Co Co Co W �P SLS CL E O � J U) ® (n W C v -I� W U L U L 2 W CL D- o o r MO W MO W MO W MMO W O O O LO f a) T N CO 'I' m O O O O E O O O O = Co Co CY) C'7 Z N N N N Co ch CY) Ch O O O O Packet Pg. 9 2 TOWN JUSTICE HEATHER L. KITCHEN March 9, 2015 (.t V TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 • (845)297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Gutzler and Members of the Town Board Town Hall 20 Middlebush Rd. Wappingers Falls, NY 12590 Dear Supervisor Gutzler and Members of the Town Board: TOWN JUSTICE CARL S. WOLFSON RECEIVED MAR 12 2015 `SOWN OF WPPINGEF TOIA..11\1 rl PP P1° The following cases were disposed of while I presided over the Justice Court during the month of February 2015: 120 Vehicle & Traffic law matters resulting in $13,196.00 collected in fines and fees. 25 Penal Law matters resulting in $1,390.00 collected in fines and fees. 14 Civil matters resulting i`n $195.00 collected in fees. 1 Town Ordinance matter resulting in $50.00 collected in fines. 3 Executive Law matter resulting in $150.00 collected in fees. 17 Termination of Suspension matters resulting in $1,470.00 collected in fees. I have forwarded a check in the amount of $16,451.00 to the Town of Wappinger on March 3, 2015. Additionally I am holding $27,140.00 in -pending bail. cc: Joseph Paoloni, Town Clerk Packet Pg. 10 lk .The Sports M ,_ 7f P.O. Box 7 OfDutchess coun�yPhone(845) 632-1570 Poughkeepsie, N.Y. 12602 WEBSITE: Sportsmuseumdeny.org Fax: (845) 473-3302 SPONSORS EMAIL: DCSportsmuseum@aol.com GOLD LEVEL Board of Directors Molt's President Vice President Secretary Treasurer Curator Trustee Chairma Used Auto Parts Bill Ponte James Doxsey William Doxsey Gerry DeFiglio Bill Emslie Barbara Ponte ------------------------- Hudson March 15, 2015 Pontiac Buick GMC RECEIVED Fisher Machine Town of Wappinger Town Board Members Company, Inc. 20 Middlebush Road MAR' 6 2015 -------------------- Mid Hudson -Road- Wappingers Falls, N Y 12590 Runners SUPERVISOR OFFICE ------------------------ Dear Board Members BRONZE LEVEL The Sports Museum of Dutchess County would like permission to use the Chapel and the eircul Central Hudson drive, along with the field behind the carriage house at Carnwath Farms, for the Auto Raci: Gas & Electric Exhibit on Saturday June 6tth and Sunday June 7�h. Marshllas &anSeteerling Saturday would be used for set up and Sunday would be the event. The chapel would be used f ------------------------ displays and for a lecture by Roger Liller on Auto Racing in Dutchess County and the induction Fishkill Bowling 27 drivers into the Mid Hudson Racing Hall of Fame. The circular drive would be used to displ Lanes a few area racing cars. The bottom parking lot would be used to display the racing cars and t .-------- utcbess --- Southern Dutch- back field would be used for general parking. Sou Bowl ------------------------ The running of this event will not require the help of any town personal. Poughkeepsie Star Gas We feel that this program will bring the public to Carnwath Farms. For more information plea ------------------------ contact Bill Emslie at 297-9308. Sine' Bill Emslie, Director Sports Museum of Dutchess County MAR 17 2015 - TOWNOFVVAIPPINGEr- - - Packet Pg. 11 0 D � LTi 0 o � Uu IJI d-U/5ld3/Q3 -- 003 Packet Pg. 12 i m m m a, -G D � X 0 m --I D X m N W W %i D p Z z O n Z O m z G1 m N A m W --� O N t0 N O n m -Zi = m X O T m 'o -I m m O N V W N m N v W D� �p o m n o m m -i N Ilz D C Z Z op 00 '_ c a w Z Ln n m N N Packet Pg. 12 i ,�O/E�/Q3�a6-004 Packet Pg. 13 i m D m n � � m D X � O m D X m N 00 N p D Li Z M Z z N N G% �D o v ;o m n m V C 61 �p N Q1 W O m n Zm = m m O Tn 00 Z m O X N N U v -I N v ao N n_ D L V m z D 00 N ® C �l zJ z ioy n o' 5 Hil W T N �1 O A o r- > zZ37 F+ \ V m m N ro a 00 Packet Pg. 13 i