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2015-02-23Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, February 23, 2015 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 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 Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:30 PM David Stollman Consultant Planner Present 7:30 PM Albert Roberts Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Barbara Roberti Town of Wappinger Zoning Present 7:30 PM Salute to the Flag Adoption of Agenda 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IV. Accept Minutes 1. Thursday, February 12, 2015 Town of Wappinger Page I Printed 311012015 Regular Meeting Minutes February 23, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz V. Correspondence Log RESOLUTION: 2015-78 Correspondence Log 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 -2015-78 ADOPTED [UNANIMOUS] Correspondence L - 20,15-02-23 SECONDER: Number To From Date Date IRec' Re: A mels Date 02-23-001 Tom Board Robea J. Gray 211112015 211112015 Uiiited WapphigrWater District 212312015 02-23-002 Tom Board Viiiceiit R. Commisso 1/3012015 2113/2015Woukt Like a Reftuitt oii Accessory A . App 212312015 02-23-003 Tom Board Heather L- Kitcheii 1128/2015 2113/2015 Re oils that were disposed for 2014 2123/2015 02.23-004 Torii Board Heather L Kitcheii 21812015 211312015 Re orfs that were disposed for Jainjary 2015 212312015 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 -2015-78 ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Yes/Aye Absent Q Adopted „ „No/Nay„ „Abstain„ ❑ Adopted as Amended �� Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated WilliamH.Beale,,,,,,,,,,,,,,,,,,,,,Voter ................ Q,,,,,,,,,,,,, ❑ ❑ ❑ ❑ Tabled Vincent Bettina Mover Q .............. ❑ ..... ,...... ❑ .... ❑ .... ❑ Withdrawn Ismay CzarneckiSeconder Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 23, 2015 The Resolution is hereby duly declared Adopted. VI. Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Town of Wappinger Page 2 Printed 311012015 Regular Meeting Minutes February 23, 2015 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz VII. Discussions 1. 2. U Walkway Marathon Executive Director of "Walkway over the Hudson" Elizabeth Waldstein-Hart came before the board to introduce the Walkway Marathon. She passed the microphone over to her colleague Suzanne (last name not mentioned) who explained the details. Suzanne explained that it will begin at Marist college and run south to Diddell road in Wappinger and turn around and continue over the walkway to route 9W in Ulster County and turnaround again to proceed to the finish at Marist college. 900 people are registered. She thanked the sponsors and all those who contributed to the effort of the event. Ms. Waldstein explained the date will be June 13th and pointed out that there will also be a halfway marathon as well. She asked for volunteers which she deemed essential for the marathon's efficient operations. For example, they would need 20 people per water station. Volunteers should find information on http://walkwaymarathon.org. Insurance Proposal from NYMIR Pete Gar from Marshall and Sterling rose to speak about NYMIR. He recommended joining next year as a result of the delays in meeting due to the board meeting cancelations due to snow. The insurance renewal was January 22nd and there would be considerable penalties to join now and it would not be cost effective to do this in the current year. Zoning Amendments David Stolman mentioned that he prepared a packet summarizing zoning changes. Zoning inspector Roberti added that many of the changes add to the explanation of existing laws. She explained, they also address the many zones the town has and the confusion surrounding them. She added, many changes were made to become more user-friendly to developers and made to address consistency. Councilman Beale asked if these were changes that were not updated when the comprehensive plan was updated. Planner Stolman corrected him, pointing out that these were "text" changes not "map" changes that were the subject of the comprehensive plan. He continued to say that many definitions were made more precise. Councilman Kuzmicz asked about the "fast food" establishments and the attempt to differentiate Planner Stolman said it was a more precise definition in describing the various kinds in different districts. Councilman Beale said he was not prepared to vote on this yet. Planner Stolman said that this was an information meeting and simply looking for input. Councilman Beale asked about signs and their size. Zoning inspector Roberti said that signs will be explored as a "whole" due to its large impact and concern to the town. Town of Wappinger Page 3 Printed 311012015 Regular Meeting Minutes February 23, 2015 4. United Wappinger Potential Water Extensions Engineer Gray spoke of allocating the remaining capacity to resident's that want to be added to the district. He added that it is very expensive and needs to be spread out over a larger number of residents to be feasible. He cited a letter sent to the board listing all known requests to be added to the district. Attorney Roberts explained that in the past, there was "tenancy" to the district which does not exist anymore. The districts were consolidated and a buy -in was established. Attorney Roberts pointed out that the cost was to bring the new entrants up to par to the people who have already paid over the years such that as new sources, pumps, and infrastructure is added due to continued expansion; new entrants would pay for those costs. The buy in and the administrative costs make it an expensive proposition. Engineer Gray agreed. Councilman Kuzmicz asked if we could find a way to get them into the district, particularly a group of people on All Angels Hill Road near Hopewell road without the prohibitive cost. He asked if this could be combined with a residential proposed development attempting to be added to the district to subsidize the cost to the residents. Engineer Gray said that he wasn't sure if this is possible. Councilman Bettina agreed that this would be a great idea. Councilman Kuzmicz proposed a workshop. Supervisor Gutzler agreed and said she would put in right on the fore- front. 5. Hudson Hops/Carnwath Presentation Shawn Mc Learen appeared to present the Hudson Valley Hops prosect at Carnwath Farms. He re -visited the presentation given last December. Hops industry projections • Hop plants take 3-4 years to fully mature 2014 crop yielded approximately 500 pounds of hops in the Hudson Valley • 2015 projections should look more like 2000 pounds Breweries industry projections Hudson Valley has 21 craft breweries with 6 more in planning • NYC has 34 breweries • Capital region has 8 breweries with 5 in planning Past Projects • Hop farm development total development Cost: $560,000 • El barrio's art space (ps109) Manhattan, Total Development cost: $52,000,000 Town of Wappinger Page 4 Printed 311012015 Regular Meeting Minutes February 23, 2015 • Art space Patchogue lofts Village of Patchogue. Development cost: $20,000,000 His plan is to restore agriculture to the park, help eliminate some costs at the park with light manufacturing, processing, education, and cultural. He stressed that the Hops production is not keeping up with demand. The Hudson valley has 21 craft breweries. He pointed out that beer is now being recognized as an agricultural product. They are at the site selection process. He added that the Carnwath soil is perfect. He outlined the area usage throughout the park. Supervisor Gutzler identified two issues to overcome: (1) Can both parties come up with a lease that both feel comfortable with, and (2) Does this project endanger the tax free status and the park status? Attorney Roberts pointed out that the second challenge is with parks and recreation. Attorney Roberts said that he would look into the second issue right away. Shawn pointed out that time is running out and they need to make a decision on this site soon. Councilman Kuzmicz asked for a meeting between the two attorneys to hash out any issues regarding this plan. Councilman Bettina asked for a next step. Supervisor Gutzler asked for input from the attorney's meeting before setting another meeting. Shawn explicitly said that they wanted to be "active" this year and although they like the Carnwath site, time would be a deciding factor. Supervisor Gutzler asked former Supervisor Joseph Ruggiero who was in attendance to speak. Mr. Ruggiero said that the reason that the site was designed with a commercial -park easement was to invite projects just -like Hops and to maintain the right to farm the property which will enable this type of project. He added that this is the first deal to come forward since what was being negotiated 9 years ago and is in full support of it. Councilman Bettina asked what was expected to be spent. Shawn answered that it would be an $8 million project. 6. Motion To: Authorize Supervisor to Sign Dial -A -Ride contract renewal 7. Supervisor Gutzler asked for permission to sign the Dial a Ride Contract renewal. Councilman Beale moved the authorization. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Summer Concerts and Events Recreation Director Fulton rose to speak of the concerts and their rates. She negotiated with the concert acts and thus was able to do so and have money left in the event budget line. With the extra money she proposed an outdoor film for families. The vendor would setup the entire large screen and sound at the location for the showing of the film. Councilman Beale asked about Town of Wappinger Page 5 Printed 311012015 Regular Meeting Minutes February 23, 2015 insurance. Attorney Roberts suggested calling Pete Carr. Councilman Kuzmicz motioned and the board approved. 1. Motion To: Approve the Spending on the Outdoor Movie Event. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz VIII. Resolutions RESOLUTION: 2015-57 Resolution Authorizing Dutchess County As Lead Agency In Connection With The Central Dutchess Water Transmission Line Extension To Dutchess County Airport WHEREAS, Dutchess County is proposing to undertake the expansion of the Dutchess County Water and Wastewater Authority's (DCWWA) Central Dutchess Water Transmission Line (CDWTL) by the construction of a 5,790 LF water main along Airport Drive, a Town of Wappinger road, and Route 376, a New York State highway, to the Dutchess County Airport to provide for public water service to the Dutchess County Airport to a fire hydrant in compliance with FAA regulations; and WHEREAS, the project includes the financing of the water line by Dutchess County, and the construction of the water main by DCWWA pursuant to an agreement with Dutchess County; and WHEREAS, the project is a Type I action pursuant to SEQRA and Dutchess County has circulated for Lead Agency status pursuant to SEQRA; and WHEREAS, the County inadvertently did not name the Town Board of the Town of Wappinger as an Involved Agency although it did identify the Town of Wappinger Planning Board and the Town of Wappinger Highway Superintendent as Involved Agencies; and WHEREAS, on Thursday, January 22, 2015, the Dutchess County Legislature adopted a Resolution declaring Dutchess County as the Lead Agency for this project; and WHEREAS, the Attorney to the Town has been advised that the Town Board of the Town of Wappinger has been identified as an Involved Agency for this project in the Dutchess County Legislature Resolution declaring the County as Lead Agency; and WHEREAS, the Town Board is fully in support of the project and desires that any subsequent anticipated project would provide that the water line be made available to users in the Town of Wappinger as part of a Town authorized Water District and upon terms and conditions customarily imposed by Dutchess County and DCWWA. 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 Town Board of the Town of Wappinger hereby consents to Dutchess County being Lead Agency in connection with the expansion of the DCWWA Central Dutchess Water Transmission Line (CDWTL) by constructing a water main along Airport Drive as above indicated. Town of Wappinger Page 6 Printed 311012015 Regular Meeting Minutes February 23, 2015 3. The Town of Wappinger hereby expressly waives any thirty day notice requirement otherwise required before Dutchess County could designate itself Lead Agency on the condition that the Town of Wappinger was named an Involved Agency in the Resolution of the Dutchess County Legislature designating Dutchess County as the Lead Agency for the project, and desires that any subsequent anticipated phases of the above -referenced water line project be utilized by users in the Town of Wappinger pursuant to a duly formed Town of Wappinger Water District upon terms and conditions customarily imposed by Dutchess County and DCWWA. 4. The Town Board of the Town of Wappinger formally expresses support for the extension of the water line along Airport Drive. The Town Clerk is hereby directed to send a certified copy of this Resolution to the Dutchess County Legislature and to the Dutchess County Attorney's Office, Attention: Christian Cullen. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-57 Yes/Aye No/Nay ............................................ Abstain Absent ❑ Adopted Barbara Gutzler ❑ ❑ ❑ ❑ ❑ Adopted as Amended p William H. Beale ❑ ❑ ❑ ❑ ❑ Defeated ............................................ ❑ Tabled Vincent Bettina ❑ ❑ ❑ ❑ Q Withdrawn Ismay Czarniecki ❑ ....... .......................................................... ❑ ❑ ❑ Michael Kuzmicz ❑ ❑ ❑ ❑ Dated: Wappingers Falls, New York February 23, 2015 The Resolution is hereby duly declared Withdrawn. RESOLUTION: 2015-71 Resolution Authorizing Transfer Of Funds For Unemployment Insurance WHEREAS, the Town Accountant has advised the Town Supervisor that a shortage of funds exists in the Unemployment Insurance Budget Line due to an unemployment claim and has requested a transfer to cover the unemployment claim. 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 $8,873.00 131010.401 B9050.800 Town Board Unemployment Contingency Insurance The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 7 Printed 311012015 Regular Meeting Minutes February 23, 2015 ✓ Vote Record - Resolution RES -2015-71 Original Total Assessment Revised Total Assessment Reduction 2013 $1,185,000 $1,061,000 ❑ Adopted 2014 $1,120,000 Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler VoterQ ❑ ❑ ❑ ❑ Defeated William H . Beale.....................Mover .. ....... Q ........,........❑........,....... ❑ . ❑........,.......❑..... ❑ Q Tabled ...ca- .................................. Vincent Bettina .. Sec.....onder Q ❑ ❑ ❑ ❑ Withdrawn .,.Ismay Czarniecki ..................Voter ... ,.........Q ...... ❑...... ❑ ...... ......❑ ..... Next: 3/9/15 7:30 PM Michael Kuzmicz Voter Q ❑ ❑ .. ❑ Dated: Wappingers Falls, New York February 23, 2015 The Resolution is hereby duly declared Tabled. RESOLUTION: 2015-79 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Southeast Atlantic Holdings, Llc WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013 and 2014 by Southeast Atlantic Holdings, LLC regarding real property located at 1094 Route 9, Grid 4 6156-02-779968-0000 seeking a reduction in the 2013 and 2014 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 2013 and 2014 as it pertains to: Grid 4 6156-02-779968-0000 Year Original Total Assessment Revised Total Assessment Reduction 2013 $1,185,000 $1,061,000 $124,000 2014 $1,120,000 $1,049,000 $ 71,000 and be it further 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 -2015-79 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as AmendedBarbara Gutzler Voter ...Voter... Q ❑ ❑ ❑ ❑ Defeated ..William H. Bea . ... ................... .............. .. ...le ... ..... Q ............. ❑ .... .... ❑ ... .. ❑ ... ❑ Tabled Vincent Bettina Voter... Q .............. ❑ ..... ,...... ❑ .... ❑ .... ❑ Withdrawn Ismay Czarniecki Mover Q .................❑.......,........❑........,.......❑..... ❑ ❑ ❑ MichaelKuzmicz Seconder Q Dated: Wappingers Falls, New York Town of Wappinger Page 8 Printed 311012015 Regular Meeting February 23, 2015 Minutes February 23, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-80 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Wappinger 9 Realty, Llc WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013 and 2014 by Wappinger 9 Realty, LLC, regarding real property located at 1243 Route 9, Wappingers Falls, Grid No. 6157-04-579313-0000 seeking a reduction in the 2013 and 2014 tax assessments for the 2013 and 2014 tax rolls; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and Special Counsel to the Town have recommended a settlement of this tax review proceeding; 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 2013 and 2014 as it pertains to: Grid No.: 6157-04-579313-0000 Tax Original Total Assessment Reduction in Assessment Final Assessment 2013 $925,000 -0- $925,000 2014 $925,000 -0- $925,000 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 -2015-80 Q Adopted „Yes/Aye „No/Nay„ „Abstain„ „Absent„ ❑ Adopted as Amended Barbara Gutzler Voter Q ....... ................ ❑ ........ ❑ .. ....... .. ❑ ....... ❑Defeated William H. Beale .. Mover ...................... Q ....... ❑ ..... ❑...... ....... ..... ❑ ............ ❑ Tabled Vincent Bettina .................. Seconder ,.........Q ... Q ...... ❑ ❑ ...... ❑ ........... ❑ Withdrawn Isma Czarniecki Y Voter ❑ ❑ ❑...... Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 23, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-81 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Imperial Gardens, Llc Town of Wappinger Page 9 Printed 311012015 Regular Meeting Minutes February 23, 2015 WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2014 by Imperial Gardens, LLC, regarding real property located at Princess Circle in the Village of Wappingers Falls, Grid No. 135601-6158-19-689109-0000, Grid No. 135601-6158-19-722118-0000 and Grid No. 135601-6158-20-751120-0000 seeking a reduction in the 2014 tax assessments for the 2014 tax rolls; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and Special Counsel to the Town have recommended a settlement of this tax review proceeding; 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 2014 as it pertains to: Grid No.: 135601-6158-19-689109-0000 Tax Original Total Assessment Reduction in Assessment Final Assessment 2014 $4,945,000 -0- $4,945,000 Grid No.: 135601-6158-19-722118-0000 TaxOriginal Total AssessmentReducti on in Yes/Aye No/Nay AssessmentFinal Absent Q Adopted ,,,, Assessment 2014 $4,945,000 -0- $4,945,000 Grid No.: 135601-6158-20-751120-0000 TaxOriginal Total AssessmentReducti on in Yes/Aye No/Nay AssessmentFinal Absent Q Adopted ,,,, Assessment 2014 $ 10,000 -0- $ 10,000 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 -2015-81 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Barbara Gutzler Voter ...Voter... Q ❑ ❑ ❑ ❑ Defeated ..William H. Beale ................... ................ ....... ... ..... Q ............. ❑ .... .... ❑ ... .. ❑ ... ❑ Tabled Vincent Bettina Voter Q .............. ❑ ..... ,...... ❑ .... ❑ .... ❑ Withdrawn Ismay Czarmecki ....................Mover.. Seconder Q .......Q...... ❑ ❑ ❑ MichaelKuzmicz ❑.......,........❑........,.......❑..... Town of Wappinger Page 10 Printed 311012015 Regular Meeting Dated: Wappingers Falls, New York February 23, 2015 Minutes February 23, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-82 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Dutchess Airport Realty LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2012, 2013 and 2014 by Dutchess Airport Realty LLC. regarding real property located at 1629 Route 376, Grid 4 135689-6259-04-519321-0000 seeking a reduction in the 2012, 2013 and 2014 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, 2013 and 2014 as it pertains to: Grid 4 135689-6259-04-519321-0000 Year Original Total Assessment Revised Total Assessment Reduction 2012 $3,783,850 $2,500,000 $1,283,850 2013 $3,783,850 $2,500,000 $1,283,850 2014 $3,783,850 $2,500,000 $1,283,850 and be it further 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 -2015-82 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Barbara Gutzler ...... .. Voter ........... .... Q .. .. ... ❑ ❑ .. ... ❑ ❑ Defeated le H. Bea . ..................... William .. ...................... Vot.er ............ . ❑ ........ „ Q ❑ ❑ ❑ Tabled Vincent Bettina ..................... Seconder .. ....... Q ❑ ........ ❑ ...... ............. ❑ ❑ Withdrawn Isma Czarniecki y Mover, Q.................. ❑ 0 ❑..... Michael Kuzm1cz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 23, 2015 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 11 Printed 311012015 Regular Meeting Minutes February 23, 2015 IX. Town Board Review of Vouchers RESOLUTION: 2015-83 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - F The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2015-F Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) HWF (Filtration Systems of Hilltop & Atlas) Central Hudson 35.07 Central Hudson 88.01 Central Hudson 202.35 Central Hudson 84.76 Central Hudson 560.25 Central Hudson 87.74 Fed Ex 20.80 Verizon 31.40 Platts Locksmith 130.00 Home Depot 121.96 Home Depot 44.36 Home Depot 30.13 Mid Hud 776.29 Fasteners Mi Ito n Agway 11.90 First Unim Life 222.86 60.78 151.95 Chemung Supply 184.56 Celia Sigalow 140.00 Williams Lumber 469.96 Hillman Signs 153.00 Grainger 1,032.24 Grainger 1,427.04 Staples 78.62 Staples 53.97 Fishkill Plains Garage 21.00 Fishkill Plains Garage 455.28 Schneider Elec Telvent 645.00 Wells Fargo 336.76 Accela Traq Media 5,760.00 W.B. Mason 12.99 Cornerstone 864.42 38.90 Cornerstone 819.95 38.90 Cablevision 59.90 Town of Wappinger Page 12 Printed 311012015 Regular Meeting Joe DeRosa Jr. Reimbur Don Kortright Morris Assoc Morris Assoc Morris Assoc Morris Assoc Minutes 32.00 1 ORT11 •� 1,617.51 190.00 3,234.95 February 23, 2015 Coffee Systems 62.05 Staples 67.31 Ultimate Pest Control 50.00 Momma's Towing 85.00 Dutchess Overhead 1,810.00 Door Hopewell Auto 301.52 Hopewell Auto 33.36 Hopewell Auto 57.59 Totals $18,502.95 $1,886.09 $8,285.99 $1,888.20 Vendor Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Fed Ex Verizon Platts Locksmith Home Depot Home Depot Home Depot Mid Hud Fasteners Milton Agway First Unim Life Chemung Supply Celia Sigalow Williams Lumber Hillman Signs Grainger Grainger Staples Staples Fishkill Plains Garage Fishkill Plains Garage Schneider Elec Telvent Wells Fargo Accela Traq Media W.B. Mason Cornerstone Cornerstone Cablevision Joe DeRosa Jr. HTR (Town HMR T33 T92 (Planning & Hall Roof) (Water Meter (Parkland Zoning Escrows) Replacement) Trust Fund) Town of Wappinger Page 13 Printed 311012015 Regular Meeting Minutes February 23, 2015 Reimbur Don Kortright Morris Assoc Morris Assoc Morris Assoc Morris Assoc Coffee Systems Staples Ultimate Pest Control Momma's Towing Dutchess Overhead Door Hopewell Auto Hopewell Auto Hopewell Auto Totals Vendor Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Fed Ex Verizon Platts Locksmith Home Depot Home Depot Home Depot Mid Hud Fasteners Milton Agway First Unim Life Chemung Supply Celia Sigalow Williams Lumber Hillman Signs Grainger Grainger Staples Staples Fishkill Plains Garage Fishkill Plains Garage Schneider Elec Telvent Wells Fargo Accela Traq Media W.B. Mason Cornerstone Cornerstone Cablevision Joe DeRosa Jr. Reimbur Don Kortright 77.00 2,308.00 406.00 928.50 143.00 $77.00 $2,308.00 $406.00 $1,071.50 HWN (Wapp WU SU Paid Water Main- (United (United NYCDEP) Wapp. Water Wapp. Fund) Sewer fund) 35.07 88.01 202.35 84.76 560.25 87.74 20.80 31.40 435.59 336.76 903.32 858.85 59.90 Town of Wappinger Page 14 Printed 311012015 Regular Meeting Minutes February 23, 2015 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Coffee Systems Staples Ultimate Pest Control Momma's Towing Dutchess Overhead Door Hopewell Auto Hopewell Auto Hopewell Auto Totals Vendor Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Fed Ex Verizon Platts Locksmith Home Depot Home Depot Home Depot Mid Hud Fasteners Mi Ito n Agway First Unim Life Chemung Supply Celia Sigalow Williams Lumber Hillman Signs Grainger Grainger Staples Staples Fishkill Plains Garage 1,829.96 2,377.44 4,013.30 $4,013.30 $1,829.96 Town Board I Hold 130.00 121.96 44.36 30.13 776.29 11.90 184.56 140.00 469.96 153.00 1,032.24 1,427.04 78.62 53.97 21.00 $2,377.44 $3,704.80 4 $42,646.43 Town of Wappinger Page 15 Printed 311012015 Regular Meeting Minutes February 23, 2015 Fishkill Plains Garage 455.28 Schneider Elec Telvent Q Adopted 645.00 No/Nay Wells Fargo Absent ❑ Adopted as Amended Accela Traq Media .......,.................,........ Voter Q ........,........ ❑ 5,760.00 ..... ❑ W.B. Mason William H. Beale .................. Mover .. ,.........Q ...... 12.99 ❑ ...... Cornerstone ❑ Tabled Vincent Bettina ........................ Cornerstone .......Q.........,........❑....... ,........❑...... Cablevision ..... ❑ ❑ Withdrawn Joe DeRosa Jr. ............. Q Reimbur 32.00 ❑..... Don Kortright 190.00 Morris Assoc 18,240.20 Morris Assoc 143.00 Morris Assoc 2,308.00 Morris Assoc 4,013.30 Coffee Systems 62.05 Staples 67.31 Ultimate Pest Control 50.00 Momma's Towing 85.00 Dutchess Overhead Door 1,810.00 Hopewell Auto 301.52 Hopewell Auto 33.36 Hopewell Auto 57.59 Totals $38,798.63 $143.00 17 $42,646.43 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 February 23, 2015, 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 -2015-83 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended .................... Barbara Gutzler .......,.................,........ Voter Q ........,........ ❑ ........,....... ❑ ..... ❑ ❑ Defeated William H. Beale .................. Mover .. ,.........Q ...... ❑...... ❑ ...... ❑ ..... ❑ Tabled Vincent Bettina ........................ Voter..... .......Q.........,........❑....... ,........❑...... ..... ❑ ❑ Withdrawn Isarniecki .....................Voter.... may, Cz ............. Q ❑ ..... ................ ❑................ ❑..... Town of Wappinger Page 16 Printed 311012015 Regular Meeting Minutes February 23, 2015 Michael Kuzmicz Secondei Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 23, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-84 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - G The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2015-G Vendor A (General Town wide) HWF (Filtration Systems of Hilltop & Atlas) DB (Highway Fund) AM (Ambulance) Camo Camo Camo 25.00 Camo Camo Camo 25.00 Chelsea Fire Dis 95,917.00 James Baisley 1,085.00 CSEA H/W Opt/Den 3,071.46 Grainger 369.60 Aflac Transcare 32,916.66 CDW-G 1,689.78 Allstate Don Kortright 160.00 Enviro Waste 54.75 W.M Schultz Const 223,725.00 Totals $97,656.78 $223,725.00 $4,740.81 $32,916.66 Town of Wappinger Page 17 Printed 311012015 Regular Meeting Minutes February 23, 2015 Vendor T14 T16 (Aflac HWN WF (Fleetwood (Allstate Insurance) (Wapp Water District) Insurance) Water Main- NYCDEP) Camo Camo 2,208.33 Camo Camo Camo 1,200.00 Camo Chelsea Fire Dis James Baisley CSEA H/W Opt/Den Grainger Aflac 165.90 Transcare CDW-G Allstate 816.88 Don Kortright Enviro Waste W.M Schultz Const Totals $816.88 $165.90 $1,200.00 $2,208.33 Vendor WH WT (Tall WU SF (Fleetwood (Watchhill Trees Water District) (United Sewer fund) Water Wapp. District) Water Fund) Camo 8,266.67 Camo 1,541.67 3,116.67 74,833.33 Camo Camo 3,960.00 Camo Camo Chelsea Fire Dis James Baisley CSEA H/W Opt/Den Grainger Aflac Transcare CDW-G Allstate Don Kortright Enviro Waste W.M Schultz Const Totals $1,541.67 $3,116.67 $78,793.33 $8,266.67 Vendor SM SW (Wildwood SU Paid (Mid Point Sewer fund) (United Park Sewer Wapp. Town of Wappinger Page 18 Printed 311012015 Regular Meeting Minutes February 23, 2015 fund) Sewer fund) Camo 13,333.33 Camo 9,875.00 57,666.67 Camo 89,141.67 Camo Camo Camo Camo 81,700.00 Camo Camo Chelsea Fire Dis James Baisley CSEA H/W Opt/Den Grainger Aflac Transcare CDW-G 25.00 Allstate Chelsea Fire Dis Don Kortright Enviro Waste W.M Schultz James Baisley Const Totals $9,875.00 $13,333.33 $57,666.67 $0.00 0 $536,023.70 Vendor Town Board Hold Camo 89,141.67 Camo 81,700.00 Camo 25.00 Camo 3,960.00 Camo 1,200.00 Camo 25.00 Chelsea Fire Dis 95,917.00 James Baisley 1,085.00 CSEA H/W Opt/Den 3,071.46 Grainger 369.60 Aflac 165.90 Transcare 32,916.66 CDW-G 1,689.78 Allstate 816.88 Don Kortright 160.00 Enviro Waste 54.75 W.M Schultz Const 223,725.00 Totals $440,106.70 $95,917.00 16 $536,023.70 Town of Wappinger Page 19 Printed 311012015 Regular Meeting Minutes February 23, 2015 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 February 23, 2015, 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 -2015-84 Q Adopted „Yes/Aye „No/Nay„ „Abstain„ „Absent„ ❑ Adopted as Amended Barbara Gutzler Voter Q ....... ................ ❑ ......... .. ❑ ❑ ❑Defeated William H. Beale .. Mover ..................... Q ....... ❑ .... ..... ..... ❑.............. ...... ... ❑ .... ...... .. ❑ Tabled Vincent Bettina Voter Q ............. ❑ .... ❑ .... ❑ ❑ Withdrawn Ismay Czamiecki Voter ............. Q ................ ❑ ................. ❑ ❑ ........ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 23, 2015 The Resolution is hereby duly declared Adopted. X. Items for Special Consideration/New Business A. Supervisor Gutzler Supervisor Gutzler spoke of ad-hoc committees that she had asked board members to join. They are a Buildings and Grounds committee, a Highway committee, Hazard Mitigation plan and Disaster Response group, a FEMA committee where Councilman Czarnecki had already volunteered. She asked to board to let her know who else would like to volunteer and to let her know. She added that there are standing committees to re-establish, such as personnel, capital projects, asset management, planning and economic development, highway to address the needs of the highway superintendent and the recycle center, and finally water and sewer planning. She cited the need to give attention to some of sewer plants in the town. Councilwoman Czarnecki volunteered to sit on the personnel committee. She also pointed out that New York State department of transportation denying the proposed route 376 speed limit reduction. Planned Stolman responded that none of the areas that the town cited were addressed in their letter. He suggested a meeting with someone at the DOT at a higher level suggesting that the decision was made by level one engineer. Councilman Beale complained that the letter was inaccurate and did not furnish the town with data supporting their decision. Supervisor Gutzler said she would contact the DOT and set up that meeting. Building and grounds supervisor Frazier addressed the board to update various building and grounds items throughout the town. B. Trans Pacific Partnership Supervisor Gutzler asked the board to hear Charles Davenport regarding the federal government's Trans Pacific Partnership. The board agreed to two (2) minutes. Charles Davenport noted that he addressed the city of Beacon and the village of Wappingers Falls on the Trans Pacific Partnership. He explained that this is a "Free Trade Agreement" which is being negotiated in secret and which is much more egregious than the NAFTA agreement where 3.5 Town of Wappinger Page 20 Printed 311012015 Regular Meeting Minutes February 23, 2015 1. C. K" million U.S. jobs were lost. He pointed out that this agreement will put American workers in competition for jobs with workers who make 75 cents per hour from Vietnam, Malaysia, and Korea. It will constrain internet freedom and most egregiously give foreign governments, corporations, and banks the rights to overturn United States laws, State laws, Local laws; and, regulations and court decisions guaranteed them by this treaty. He gave an example in Australia where a cigarette company complained that the health warnings on the sides of the package were hampering their revenues which subsequently forced the overturn of the laws requiring health warnings. He had handed out a 5 page memo to the board explaining the risks to American life. The memo cited the undermining of U.S. constitutional checks and balances, the forcing of states to conform to 1,000 pages of rules and regulations addressing an array of items from land use to requiring states to allow foreign companies to operate in their towns at the risk of losing their state or federal funding. These entities would have the power to challenge any environmental law, safety law, regulation, or court decision. These challenges would take place outside the U.S. court system in a higher court than the Supreme Court. Additionally, property rights protections would change. Five hundred forty four million (544,000,000) acres of public land would be surrendered for the purpose of potentially being mined, logged, or to create power plants. Congressional access to the negotiations is denied. He closed by asking for the board's help in supporting their congressman who has been denied access. Davenport Memo on the Trans Pacific Partnership Councilman Beale Councilman Beale mentioned free emergency training which is being made available to supervisors and their boards for tier 3 emergency training. He also mentioned that they did attend the Association of Towns and praised the training they offered particularly on the changing rules and initiatives. Executive Session 1. Motion To: Enter Into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Deputy Supervisor SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz 3. Motion To: Create and Fill the Position of Account Clerk Town of Wappinger Page 21 Printed 311012015 Regular Meeting Minutes February 23, 2015 4. RIM Councilman Beale made a motion that "We create the position of Account Clerk and appoint Lee Ann Freno into that position for up to 35 hours weekly plus medical benefits". Councilman Bettina seconded that motion. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Vincent Bettina, Deputy Supervisor AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Motion To: Authorize the Supervisor of Buildings and Grounds to hire Steve Hickman as Laborer Councilman Beale made an additional motion that "We authorize the Supervisor of Buildings and Grounds to hire Steve Hickman in a full-time capacity as a laborer". Councilman Bettina seconded that motion. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Vincent Bettina, Deputy Supervisor AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:00 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Barbara Gutzler, Supervisor AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Town of Wappinger Page 22 Printed 311012015 5.1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2015-78 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Loq - 20,15-02-23 Meeting: 02/23/15 07:30 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4174 Number To From Date Date Rec' Re: Agenda Date 02-23-001 Town Board Robb J Gra V 21l 112015 211112015 United Wappinqer Water District 2123/2015 02-23-002 Town Board Vincut R Commisso 113012015 211312015 Would Like a Ref ind on Accessory A0 App 212312015 02-23-003 Town Board Heather L Kitclien 112812015 211312015 Re orfs that were disposed for 2014 212312015 02-23-004 Town Board Heather L Kitchen 219/2015 2113/2015 Re orfs that were disposed for Januar V 2015 2123/2015 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Deputy Supervisor SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Updated: 3/5/2015 1:59 PM by Joseph P. Paoloni Page I I Packet Pg. 23 Packet Pg. 24 t. LOLOLOLO r cc0000 T T T T C, N N N N MV) M M a N N N N G N N N N d 81 Q ti Lo �O Q N Q L O O QS U O O U Q 'C3 a) N O Q.. Q -0 U NN N c� a) .Qm� (D e N m ® J fn CA '^ N O O O C2 >OO 0 � > w o ® V) LCA Ln X) N d T 0 r 0 r 0 T 0 N N N N ' � T T CO T Co r M r Q N N N N ® Q) lC) UD U') J r O r O r CO T O CSC O M M M N N N T T E O Cn V/ LL Ln E N N E U U U Y Y LM ®L L t' N N w v LO r MO W MO W MO W MMO W i O O O O d r N CO 'd' M O O O O E O O O O M Co Ce) Ch Co z N N N N N N N N 0 0 0 I 0 Packet Pg. 24 t. wmmm� MORRIS ASSOCIATES INEERING CONSULTANTS, PLLC A) Kk * 9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962 OWN I N1012012 ❑ 64 Green Street, Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963 February 11, 2015 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Han. Barbara Gutzler, Supervisor and Town Board Members Ips RE: United Wappinger Water District FEB 1: 2015 Updated Flow Capacity Analysis W20802.00 -OW OF WAI PINGF' Dear Supervisor Gutzler and Town Board Members: Over the course of the last several years, the Town has received a number of requests for extension of Town water to new areas. Now that the Town has essentially completed the water extension to the NYC DEP site and the Chelsea Hamlet area, the Town is in a better position to determine just how much water is available in UWWD to serve other areas. The recent analysis conducted as park of the NYC DEP extension work estimated that after the interconnection of the Meadowood Wells (now completed), there would be an excess capacity of approximately 420,000 gallons per day (GPD). This amount includes a 10% reserve as required by the Dutchess County Health Department. The water supply needed for the DEP parcel (Phase 1) and the Chelsea Hamlet Extension (Phase 2), together with the expected supply demands from construction projects within the ___UWIND (Hilltop_ Village and The Ridges Subdivision) is approximately 170,000 GPD of the __ 420,000 GPD excess capacity. This will leave approximately 250,000 GPD of excess capacity (including the additional supply generated from Meadowood Wells). E:\documentskTWappinger\aW20D8XW20802 United Wapp Water\Flow Projecfions\Flow Capacity Itr to B Gutlzer 2-11-15 -w- APR Rev 3.doc Packet Pg. 25 F-5. 1.a Supervisor Barbara Gutzler and Town Board Town of Wappinger February 11, 2015 Page 2 The following schedule indicates the potential areas that may be served utilizing the remaining excess capacity of 250,000 GPD (deficits are in bold): Approximate Excess Capacity 250,000 GPD Estimated Future Remaining Description and Location of Area Demands iGPD) Capacity (GPD) Tall Trees Permanent Connection 19,800 230,200 Chelsea Road East of Hamlet Area 43,800 Old Hopewell, Wheeler Hill, River Rd 53,400 (Phase 1 DEP pipe locations) Remaining Excess Capacity Other Potential Areas to be Served Route 9 Commercial Areas (Range) (Base and Reduced Service Areas) River Road South of Chelsea Hamlet Chelsea Ridge Apts. 68,300 — 217,300 OR 4,200 OR 112,000 186,400 133,000 133,000 (Deficit) 64,700 - (84,300) 128,800 21,000 [Note: If all optional areas are to be served there will be a total deficit of up to 200,500 GPD.] As can be seen from the analysis, the Route 9 commercial area will require a large amount of water for future flows, based upon the development potential of this area. The base service area for Route 9 includes parcels along Route 9 near Myers Corners Road to the southern E:\documents\TWappingeAaW2008\W20802 United Wapp WaterTlow ProjectionsTlow Capacity Itr to B Guttzer 2-11-15 w- APR Rev.3.doc Packet Pg. 26 5.1.a Supervisor Barbara Gutzler and Town Board February 11, 2015 Town of Wappinger Page 3 Town Line; the reduced service area only includes parcels between MacFarlane Road and Stage Door Road. The Chelsea Road East service area and the Chelsea Ridge Apartments have been treated separately. At present, Chelsea Ridge Apartments is being supplied from the Town of Fishkill. Consideration may be given to utilizing the Fishkill supply for the future demands of the entire Chelsea Road East area, assuming that adequate capacity and infrastructure exists to supply the required water -demand. An emergency interconnection could be provided between the two (2) systems at the current end of the Chelsea Hamlet extension piping if this alternative source were to be used. Other areas that have been previously considered are as follows: MacFarlane Road, Route 9 and Meadowood Loop areas at 37,000 GPD; 2007 Study Area #1 (Losee Rd and Sucich PI) at 35,100 GPD; 2007 Study Area #2 (All Angels Hill Rd, Pine Ridge Rd and Peters Rd) at 23,400 GPD; 2007 Study Area #3 (Fowlerhouse Rd, Peggy Ln and Card Rd) at 16,700 GPD; 2007 Study Area #4 (Cedar Hill Road) at 13,500 GPD; Cedar Ridge property at 28,800 GPD; and Woodhill Green at 35,000 GPD. E:\documentslT Wappinger\a W2008\W20802 United Wapp Water\Flow Projections\Flow Capacity ltr to B Gutter 2-11-1-5 -w- APR Rev 3.doc Packet Pg. 27 5.1.a Supervisor Barbara.Gutzler and Town Board Town of Wappinger February 11, 2015 Page 4 It is requested that you review the above information for discussion at a Town Board meeting. If you should have any questions, please feel free to contact me. Very truly yours, MORRIS ASSOCI TES, PLLC Robert J. Gray, PE Engineer to the Town RJ G/JF Vcb cc: Joseph Paoloni, Town Clerk Albert P. Roberts, Esq., Town Attorney Michael Tremper, CRMO Pollution Control John Lazarony, P.E. Town Board Members E:\documents\T Wappinger\a W2008\W20802 United Wapp WaterTlow Projections\Flow Capacity Itr to B Gutizer 2-11-15 -w-APR Rev 3.doc Packet Pg. 28 rc) A --RECEIVS 101 1) , --E Ull[)'NG D �@��APRTME TONN OF VA INGE ,a 0 C C 0 CL U) 2 0 co I,. CD 04 LLJ w Ln T- —1 CD 04 04 m 04 CD 0 -j elt/D Ed ot m Mr & Mrs. Vincent R. Commisso 34 Kendall Dr Wappingers Fl NY 12590-4332 I Packet Pg. 29 1 C, 7 — ee-,- ii ,a 0 C C 0 CL U) 2 0 co I,. CD 04 LLJ w Ln T- —1 CD 04 04 m 04 CD 0 -j elt/D Ed ot m Mr & Mrs. Vincent R. Commisso 34 Kendall Dr Wappingers Fl NY 12590-4332 I Packet Pg. 29 1 Reference: Sciacchitano, John A Sciacchitano, Annette M 34 Kendell Dr Date 10/1/2013 Town .of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 (845) 297-6256 Recei Fee Check No. ACCESSORY APARTMENT 2122 App/Permit No: 32610 This is a receipt for payment of fees. This is not a building permit. Date Printed: 10/1/2013 Page 1 of 1 5.1.a 0 Amount _ $100.0 a 0 0 Total: $100.0100 cmM Tico cm cm M cm 0 0 4{ Packet Pg. 30 5.1.a B TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 www.townorwappinger.us Zoning Administrator Barbara Roberti X128 Office: 845-297-5256 Fax: 845-297-0579 RECEIVED OCT O 1 2013 BUILDING DEPARTMENT TOWN OF WAPP)NGER Building Inspectors Susan Dao X126 Sal Morello, III X142 Accessory Apartment Application Application #: Date Received: /® -/-3 Fee Received: 100,00°� • U`n 1d ��-i 3 �/" 32.ly 10 In accordance with the Provisions of Section 240-53 of the Town of Wappinger Zoning Code, I/We hereby make application to the Zoning Administrator for the issuance of an Accessory Apartment permit for the use of _q Applicant(s): , N4 9C141u1V6` 7V Proposed Family 1 fr&�4 t ✓� �C� o ! 3So Member/Occupant: Mo`-� -IkV-44�l r-- Phone Number: Xr'-1 ll- %5-%% Zoning District: —R- 46 Occupancy of Apartment(Li }merited to three Persons)_ Mailing Address: 3 `l KEAJDfll Tax Cnid Number: 19- b a S 7 - 01 " 3 ,�,o ' 3 d " 0 b Year House was built: I I S10 Square Footage of House: The exterior appearance of the building will remain that of a one family residence. *Proposed Square Footage of Apartment: S�� • �� The accessory apartment shall not exceed 35% of the gross floor area of said dwelling and in no event shall exceed 1, 000 sq. ft. ofgross floor area. The minimum gross f loor area shall not be less than 300 sq. ft. Only one accessory apartment shall be permitted on any lot. *Deed - Copy of last recorded deed attached• *Proof of family relationship: I Please see attached Accessory Apartment Permit Requirements. Accessory Apartment Application I/We have, as part of these concurrent applications, submitted a "statement of use" which fully describes Packet Pg. 31 TOWN JUSTICE HEATHER L. KITCHEN January 28, 2015 TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 - ) FAX: (845) 297-0145 -145 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. Wappinger Falls, N.Y. 12590 TOWN JUSTICE CARL S. WOLFSON UI Fr V E10 FEB , B 2015 Dear Supervisor Gutzler and Members of the Town Board: The following is a report of the matters that were disposed of while I presided over the Justice Court during the year 2014: 2,596 Vehicle and Traffic matters resulting in $257,727.00 collected in fines and fees. 285 Penal Law matters resulting in $8,005.00 collected in fines and fees. 273 Civil matters resulting in $3,806.75 collected in fees. 48 Town Law matters resulting in $4,310.00 collected in fines. 1 Bail Revocation resulting in $100.00 collected in forfeited bail. 10 Bail Poundage matters resulting in $543.00 collected in fees. 3 Alcohol-Beverage_Control matter resulting in $300.00 collected in fines. 1 Property Maintenance Code matters resulting in no monetary disposition. Packet Pg. 32 TOWN JUSTICE HEATHER L. KITCHEN February 9, 2015 )'?3OLE a TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS97-6070 * , NY 12590-0324 (845) FAX: (845) 297-0145 ) -015 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1 st and 3rd Thursdays 5:30 P.M. Supervisor Gutzler and Members of the Town Board TOWN JUSTICE CARL S. WOLFSON Town Hall 20 Middlebush Rd. Wappingers Falls, NY 12590 Dear Supervisor Gutzler and Members of the Town Board: the month of The following cases were disposed of while I presided over the Justice Court during January 2015: Vehicle &Traffic law matters resulting in $8,8710.00 collected in fines and fees. 92 5 penal Law matters resulting in no monetary disp 21 Civil matters resulting in $332.00 collected 50 in fe s. in fines. 1 Town Ordinance matter resulting 0 collected in fees. 1 Executive Law matter result atter g in $ re0s0 ting in $910 00 collected in fees. 11 Termination of Suspension m a check in the amount of $10,213.00 to the Town of wappinger on February 4, I have forwarded ending bail. 2015. Additionally I am holding $27,240.00 in p Respectf, NilybmKied,� FEB Z a ZM5 - Heather L. XSJchen r j Town Justice _ cc: Joseph paoloni, Town Clerk Packet Pg. 33 8.1 Town of Wappinger Meeting: 02/23/15 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Procedures Prepared By: Joseph P. Paoloni WITHDRAWN Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2015-57 Doc ID: 4158 Resolution Authorizing Dutchess County As Lead Agency In Connection With The Central Dutchess Water Transmission Line Extension To Dutchess County Airport WHEREAS, Dutchess County is proposing to undertake the expansion of the Dutchess County Water and Wastewater Authority's (DCWWA) Central Dutchess Water Transmission Line (CDWTL) by the construction of a 5,790 LF water main along Airport Drive, a Town of Wappinger road, and Route 376, a New York State highway, to the Dutchess County Airport to provide for public water service to the Dutchess County Airport to a fire hydrant in compliance with FAA regulations; and WHEREAS, the project includes the financing of the water line by Dutchess County, and the construction of the water main by DCWWA pursuant to an agreement with Dutchess County; and WHEREAS, the project is a Type I action pursuant to SEQRA and Dutchess County has circulated for Lead Agency status pursuant to SEQRA; and WHEREAS, the County inadvertently did not name the Town Board of the Town of Wappinger as an Involved Agency although it did identify the Town of Wappinger Planning Board and the Town of Wappinger Highway Superintendent as Involved Agencies; and WHEREAS, on Thursday, January 22, 2015, the Dutchess County Legislature adopted a Resolution declaring Dutchess County as the Lead Agency for this project; and WHEREAS, the Attorney to the Town has been advised that the Town Board of the Town of Wappinger has been identified as an Involved Agency for this project in the Dutchess County Legislature Resolution declaring the County as Lead Agency; and WHEREAS, the Town Board is fully in support of the project and desires that any subsequent anticipated project would provide that the water line be made available to users in the Town of Wappinger as part of a Town authorized Water District and upon terms and conditions customarily imposed by Dutchess County and DCWWA. 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 of the Town of Wappinger hereby consents to Dutchess County being Lead Agency in connection with the expansion of the DCWWA Central Dutchess Water Transmission Line (CDWTL) by constructing a water main along Airport Drive as above indicated. 3. The Town of Wappinger hereby expressly waives any thirty day notice requirement otherwise required before Dutchess County could designate itself Lead Agency on the condition that the Town of Wappinger was named an Involved Agency in the Resolution of the Dutchess County Legislature designating Dutchess County as the Lead Agency for the project, and desires that any subsequent anticipated phases of the above -referenced water line project be utilized by users in the Town of Wappinger pursuant to a duly formed Town of Wappinger Water District upon terms and conditions customarily imposed by Dutchess County and DCWWA. Updated: 2/26/2015 2:43 PM by Joseph P. Paoloni Page 1 Packet Pg. 34 Resolution 2015-57 Meeting of February 23, 2015 4. The Town Board of the Town of Wappinger formally expresses support for the extension of the water line along Airport Drive. The Town Clerk is hereby directed to send a certified copy of this Resolution to the Dutchess County Legislature and to the Dutchess County Attorney's Office, Attention: Christian Cullen. HISTORY: 02/12/15 Town Board RESULT: WITHDRAWN TABLED Next: 02/23/15 8.1 Updated: 2/26/2015 2:43 PM by Joseph P. Paoloni Page 2 Packet Pg. 35 8.2 Town of Wappinger Meeting: 02/23/15 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Personnel Contingency Prepared By: Joseph P. Paoloni TABLED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2015-71 Doc ID: 4165 Resolution Authorizing Transfer Of Funds For Unemployment Insurance WHEREAS, the Town Accountant has advised the Town Supervisor that a shortage of funds exists in the Unemployment Insurance Budget Line due to an unemployment claim and has requested a transfer to cover the unemployment claim. 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 $8,873.00 B 1010.401 B9050.800 Town Board Unemployment Contingency Insurance HISTORY: 02/12/15 Town Board TABLED Next: 03/09/15 RESULT: TABLED [UNANIMOUS] Next: 3/9/2015 7:30 PM MOVER: William H. Beale, Councilman SECONDER: Vincent Bettina, Deputy Supervisor AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Updated: 1/28/2015 3:43 PM by Joseph P. Paoloni Page 1 Packet Pg. 36 8.3 Town of Wappinger Meeting: 02/23/15 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Tax Certioraries Prepared By: Joseph P. Paoloni ADOPTED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2015-79 Doc ID: 4173 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Southeast Atlantic Holdings, Llc WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013 and 2014 by Southeast Atlantic Holdings, LLC regarding real property located at 1094 Route 9, Grid 4 6156-02-779968-0000 seeking a reduction in the 2013 and 2014 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 2013 and 2014 as it pertains to: Grid 4 6156-02-779968-0000 Year Original Total Revised Total Reduction Assessment Assessment 2013 $1,185,000 $1,061,000 $124,000 2014 $1,120,000 $1,049,000 $ 71,000 and be it further 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Updated: 2/18/2015 12:23 PM by Joseph P. Paoloni Page 1 Packet Pg. 37 Yours very truly, PARALEGALS STEN R, R T IS DIAMOND, LLP Sandra Oakley 4 Dawn M. Paino SCOTT L: VOLKMAN CLOSING COORDINATOR SLV/dap Maria L. Jones Enclosure cc: Christian Harkins, Assessor ALSO ADMITTED IN FL&MA Joseph P. Paoloni, Town Clerk " ALSO ADMITTED IN CT Daniel Petigrow, Esq. - ALSO ADMITTED IN NJ O:\Wappinger\Tax Certioraris\Southeast Atlantic Holdings, LL02-2015 letter to Town Board.doc Packet Pg. 38 8.3.a M STENGER ROBERTS mm DAVIS & DIAMOND LLP 1136 Route 9 Wappingers Falls, New York 12590 Ito (845) 298-2000 February 18, 2015 FAX (845) 298-2842 M wwwsrddlaw.com Town Board Town of Wappinger20 e-mail: info@srddlaw.com Middlebush Road Wappingers Falls, NY 12590 Attn: Hon. Barbara Gutzler, Supervisor IL Kenneth M. Stenger Re: Southeast Atlantic Holdings, LLC v. Town of Wappinger Albert P. Roberts Thomas R. Davis Dear Supervisor Gutzler & Town Board Members: Stephen E. Diamond Please be advised that the above referenced proceeding is a tax certiorari X M matter for the years 2013 and 2014. This involves a single parcel of improved property located at 1094 Route 9. The property was assessed at Joan F. Garrett- $1,185,000 in 2013 and $1,120,000 for 2014. We have agreed upon a Kevin T. McDermott reduction of $124,000 to $1,061,000 for 2013 and of $71,000 to $1,049,000. The property consists of a trailer park known as Birchwood Mobile Home James P. Horan"* Park. It was the subject of sale on September 19, 2012 for $725,500. That Ito Marina V. O'Neill price was exclusive of the individual units. One of the units was lost to a fire before the two applicable valuations. With the current equalization rate at Melissa A. Manna -Williams 100% this settlement reflects fair market value. [an C. Lindars A.J. luele Enclosed is a resolution for your consideration authorizing settlement. The Assessor willprovide you with his recommendation and refund analysis for Darren H. Fairlie your review and consideration. In addition, the refund will be payable without interest if paid within 60 days after service of the copy of the executed order and demand for refund. I would appreciate your concurrence OF COUNSEL on this matter at the next available Town Board meeting. If you have anyCO Scott L. Volkman questions in the meantime, please do not hesitate to contact me. Karen MacNish Yours very truly, PARALEGALS STEN R, R T IS DIAMOND, LLP Sandra Oakley 4 Dawn M. Paino SCOTT L: VOLKMAN CLOSING COORDINATOR SLV/dap Maria L. Jones Enclosure cc: Christian Harkins, Assessor ALSO ADMITTED IN FL&MA Joseph P. Paoloni, Town Clerk " ALSO ADMITTED IN CT Daniel Petigrow, Esq. - ALSO ADMITTED IN NJ O:\Wappinger\Tax Certioraris\Southeast Atlantic Holdings, LL02-2015 letter to Town Board.doc Packet Pg. 38 8.4 Town of Wappinger Meeting: 02/23/15 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Tax Certioraries Prepared By: Joseph P. Paoloni ADOPTED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2015-80 Doc ID: 4175 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Wappinger 9 Realty, Llc WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013 and 2014 by Wappinger 9 Realty, LLC, regarding real property located at 1243 Route 9, Wappingers Falls, Grid No. 6157-04-579313-0000 seeking a reduction in the 2013 and 2014 tax assessments for the 2013 and 2014 tax rolls; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and Special Counsel to the Town have recommended a settlement of this tax review proceeding; 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 2013 and 2014 as it pertains to: Grid No.: 6157-04-579313-0000 Tax Original Total Reduction in Final Assessment Assessment Assessment 2013 $925,000 -0- $925,000 2014 $925,000 -0- $925,000 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. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Vincent Bettina, Deputy Supervisor AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Updated: 2/18/2015 12:46 PM by Joseph P. Paoloni Page 1 Packet Pg. 39 Albert P. Roberts Re: Wappinger 9 Realty, LLC vs. Town of Wappinger Thomas R. Davis Dear Supervisor Gutzler & Town Board Members: Stephen E. Diamond' Please be advised that the above referenced proceeding is a tax certiorari matter for tax years 2013 and 2014. The property is owned by Wappinger 9 Joan F. Garrett** Realty, LLC located at 1243 Route 9 and known as Inter City Tire and Auto. Kevin T. McDermott The assessed value for 2013 and 2014 was $925,000. The petitioner has agreed to discontinue the 2013 and 2014 proceedings without reduction. As James P. Horan' part of this agreement the Assessor has agreed to a 10% reduction for 2015 Marina V. O'Neill including a mutual freeze for 3 years. Melissa A. Manna -Williams Since there is no reduction for the assessment years 2013 and 2014, there is Ian C. Lindars no refund liability. A.J. luele I enclose herewith a resolution for your consideration at the next Town Board Darren H. Fairlie meeting. OF COUNSEL Very truly yours, Scott L. Volkman SANA,eO S IS DIAMOND, LLP Karen MacNish Ile SN PARALEGALS SLV/dap Sandra Oakley Enclosure Dawn M. Paino cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk CLOSING COORDINATOR Daniel Petigrow, Esq. Maria L. Jones ' ALSO ADMITTED IN FL & MA ALSO ADMITTED IN CT - ALSO ADMITTED IN NJ O:1Wappinger\Tax Certioraris\Wappinger 9 Realty, LLC\2-2015 letter to Town Board.doc Packet Pg. 40 8.4.a .�� STENGER ROBERTS DAVIS & DIAMOND LLP 1136 Route 9 Wappingers Falls, New York 12590 CL eCL L (845)298-2000 FAX (845) 298-2842 February 18, 2015 www.srddlaw.com Town Board M e-mail: info@srddlaw.com Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Kenneth M. Stenger Attn: Hon. Barbara Gutzler, Supervisor IL Albert P. Roberts Re: Wappinger 9 Realty, LLC vs. Town of Wappinger Thomas R. Davis Dear Supervisor Gutzler & Town Board Members: Stephen E. Diamond' Please be advised that the above referenced proceeding is a tax certiorari matter for tax years 2013 and 2014. The property is owned by Wappinger 9 Joan F. Garrett** Realty, LLC located at 1243 Route 9 and known as Inter City Tire and Auto. Kevin T. McDermott The assessed value for 2013 and 2014 was $925,000. The petitioner has agreed to discontinue the 2013 and 2014 proceedings without reduction. As James P. Horan' part of this agreement the Assessor has agreed to a 10% reduction for 2015 Marina V. O'Neill including a mutual freeze for 3 years. Melissa A. Manna -Williams Since there is no reduction for the assessment years 2013 and 2014, there is Ian C. Lindars no refund liability. A.J. luele I enclose herewith a resolution for your consideration at the next Town Board Darren H. Fairlie meeting. OF COUNSEL Very truly yours, Scott L. Volkman SANA,eO S IS DIAMOND, LLP Karen MacNish Ile SN PARALEGALS SLV/dap Sandra Oakley Enclosure Dawn M. Paino cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk CLOSING COORDINATOR Daniel Petigrow, Esq. Maria L. Jones ' ALSO ADMITTED IN FL & MA ALSO ADMITTED IN CT - ALSO ADMITTED IN NJ O:1Wappinger\Tax Certioraris\Wappinger 9 Realty, LLC\2-2015 letter to Town Board.doc Packet Pg. 40 8.5 Town of Wappinger Meeting: 02/23/15 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Tax Certioraries Prepared By: Joseph P. Paoloni ADOPTED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2015-81 Doc ID: 4176 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Imperial Gardens, Llc WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2014 by Imperial Gardens, LLC, regarding real property located at Princess Circle in the Village of Wappingers Falls, Grid No. 135601-6158-19-689109-0000, Grid No. 135601-6158-19-722118-0000 and Grid No. 135601-6158-20-751120-0000 seeking a reduction in the 2014 tax assessments for the 2014 tax rolls; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and Special Counsel to the Town have recommended a settlement of this tax review proceeding; 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 2014 as it pertains to: Grid No.: 135601-6158-19-689109-0000 Tax Original Total Assessment Reduction in Assessment Final Assessment 2014 $4,945,000 -0- $4,945,000 Grid No.: 135601-6158-19-722118-0000 TaxOriginal Total AssessmentReducti on in AssessmentFinal Assessment 2014 $4,945,000 -0- $4,945,000 Grid No.: 135601-6158-20-751120-0000 TaxOriginal Total AssessmentReducti on in AssessmentFinal Assessment 2014 $ 10,000 -0- $ 10,000 Updated: 2/18/2015 12:35 PM by Joseph P. Paoloni Page 1 Packet Pg. 41 8.5 Resolution 2015-81 Meeting of February 23, 2015 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Updated: 2/18/2015 12:35 PM by Joseph P. Paoloni Page 2 Packet Pg. 42 8.5.a .�� STENGER ROBERTS DAVIS & DIAMOND LLP 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 FAX (845) 298-2842 www.srddlaw.com February 18, 2015 e-mail: info@srddlaw.com Town Board Town of Wappinger 20 Middlebush Road Kenneth M. Stenger Wappingers Falls, NY 12590 Attn: Hon. Barbara Gutzler, Supervisor Albert P. Roberts Thomas R. Davis Re: Imperial Gardens, LLC vs. Town of Wappinger Stephen E. Diamond* Dear Supervisor Gutzler & Town Board Members: Please be advised that the above referenced proceeding is a tax certiorari Joan F. Garrett** matter for tax year 2014. The property consists of 3 parcels and is owned by Kevin T. McDermott Imperial Gardens, LLC. It is located at Princess Circle in the Village of Wappingers Falls. The assessed value for 2014 was $9,900,000. The James P. Horan`' petitioner has agreed to discontinue the 2014 proceedings without reduction. Marina V. O'Neill This was the subject of a multi-year settlement in 2010 for 2003 through Melissa A. Manna -Williams 2010. The Board recently approved a settlement regarding a vacant parcel owned by a related company, Aval Company, LLC. Ian C. Lindars A.J. luele Since there is no reduction for the assessment year 2014, there is no refund liability. Darren H. Fairlie I enclose herewith a resolution for your consideration at the next Town Board meeting. OF COUNSEL Scott L. Volkman Very truly yours, Karen MacNish STEN , RO S S IAMOND, LLP PARALEGALS g� Sandra Oakley SCOTT L. VOLKMAN Dawn M. Paino SLV/dap Enclosure CLOSING COORDINATOR cc: Christian Harkins, Assessor Maria L. Jones Joseph P. Paoloni, Town Clerk Joseph McGowan, Esq. ALSO ADMITTED IN FL & MA "ALSO ADMITTED IN CT ALSO ADMITTED IN NJ O:\Wappinger\Tax Certioraris\Imperial Gardens LLC - Aval Company, LLC\2-2015 letter to Town Board re 2014 Withdrawal.doc Packet Pg. 43 8.6 Town of Wappinger Meeting: 02/23/15 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Tax Certioraries Prepared By: Joseph P. Paoloni ADOPTED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2015-82 Doc ID: 4177 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Dutchess Airport Realty LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2012, 2013 and 2014 by Dutchess Airport Realty LLC. regarding real property located at 1629 Route 376, Grid 4 135689-6259-04-519321-0000 seeking a reduction in the 2012, 2013 and 2014 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, 2013 and 2014 as it pertains to: Grid 4 135689-6259-04-519321-0000 Year Original Total Assessment Revised Total Assessment Reduction 2012 $3,783,850 $2,500,000 $1,283,850 2013 $3,783,850 $2,500,000 $1,283,850 2014 $3,783,850 $2,500,000 $1,283,850 and be it further 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. RESULT: ADOPTED [4 TO 11 MOVER: Ismay Czarnecki, Councilwoman SECONDER: Vincent Bettina, Deputy Supervisor AYES: Barbara Gutzler, Vincent Bettina, Ismay Czarnecki, Michael Kuzmicz NAYS: William H. Beale Updated: 2/18/2015 12:39 PM by Joseph P. Paoloni Page 1 Packet Pg. 44 .�� STENGER ROBERTS DAVIS & DIAMOND LLP 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 FAX (845) 298-2842 February 18, 2015 www.srddlaw.com Town Board e-mail: info@srddlaw.com Town of WapP � g In er 20 Middlebush Road Wappingers Falls, NY 12590 Kenneth M. Stenger Attn: Hon. Barbara Gutzler, Supervisor Albert P. Roberts Re: Dutchess Airport Realty LLC v. Town of Wappinger Thomas R. Davis Dear Supervisor Gutzler & Town Board Members: Stephen E. Diamond* Please be advised that the above referenced proceeding is a tax certiorari matter for the years 2012, 2013 and 2014. This involves a single parcel of Joan F. Garrett* improved property located at 1629 Route 376. It is an assisted living facility Kevin T. McDermott known as the Avalon. As such value is determined based upon a variation of the traditional capitalization of income and expense. The assessment for all 3 James P. Horan*** years was $3,783,850. We have agreed upon a reduction to $2,500,000 for Marina V. O'Neill all 3 years. With the current equalization rate at 100% this settlement reflects fair market value. We have also agreed to a reduction for 2015 to Melissa A. Manna -Williams $2,000,000, with a mutual freeze for 4 years thereafter. Ian C. Lindars A.J. luele Enclosed is a resolution for your consideration authorizing settlement. The Assessor will provide you with his recommendation and refund analysis for Darren H. Fairlie your review and consideration. In addition, the refund will be payable without interest if paid within 60 days after service of the copy of the executed order and demand for refund. I would appreciate your concurrence COUNSEL on this matter at the next available Town Board meeting. If you have any Sc ott L. Volkman Sc questions in the meantime, please do not hesitate to contact me. Karen MacNish Yours very truly, PARALEGALS STENG , RO S,AV S & IAMOND, LLP Sandra Oakley Dawn M. Paino SCO T L. LKMAN CLOSING COORDINATOR SLV/dap Maria L. Jones Enclosure cc: Christian Harkins, Assessor `ALSO ADMITTED IN FL & MA Joseph P. Paoloni, Town Clerk " ALSO ADMITTED IN CT Daniel Petigrow, Esq. - ALSO ADMITTED IN NJ 8.6.a Packet Pg. 45 9.1 Town of Wappinger Meeting: 02/23/15 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Warrant to Pay Bills Prepared By: Joseph P. Paoloni ADOPTED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2015-83 Doc ID: 4178 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - F The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2015-F Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) HWF (Filtration Systems of Hilltop & Atlas) Central Hudson 35.07 Central Hudson 88.01 Central Hudson 202.35 Central Hudson 84.76 Central Hudson 560.25 Central Hudson 87.74 Fed Ex 20.80 Verizon 31.40 Platts Locksmith 130.00 Home Depot 121.96 Home Depot 44.36 Home Depot 30.13 Mid Hud 776.29 Fasteners Milton Agway 11.90 First Unim Life 222.86 60.78 151.95 Chemung Supply 184.56 Celia Sigalow 140.00 Williams Lumber 469.96 Hillman Signs 153.00 Grainger 1,032.24 Grainger 1,427.04 Staples 78.62 Staples 53.97 Fishkill Plains Garage 21.00 Fishkill Plains Garage 455.28 Schneider Elec Telvent 645.00 Wells Fargo 336.76 Accela Traq Media 5,760.00 Updated: 2/18/2015 12:53 PM by Joseph P. Paoloni Page 1 Packet Pg. 46 Resolution 2015-83 W.B. Mason Cornerstone Cornerstone Cablevision Joe DeRosa Jr. Reimbur Don Kortright Morris Assoc Morris Assoc Morris Assoc Morris Assoc 9.1 Meeting of February 23, 2015 12.99 864.42 38.90 819.95 38.90 59.90 32.00 190.00 5,880.64 1,617.51 3,234.95 1,888.20 Coffee Systems 62.05 Staples 67.31 Ultimate Pest Control 50.00 Momma's Towing 85.00 Dutchess Overhead 1,810.00 Door Hopewell Auto 301.52 Hopewell Auto 33.36 Hopewell Auto 57.59 Totals $18,502.95 $1,886.09 $8,285.99 $1,888.20 Vendor Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Fed Ex Verizon Platts Locksmith Home Depot Home Depot Home Depot Mid Hud Fasteners Milton Agway First Unim Life Chemung Supply Celia Sigalow Williams Lumber Hillman Signs Grainger Grainger Staples HTR (Town HMR T33 T92 (Planning & Hall Roof) (Water Meter (Parkland Zoning Escrows) Replacement) Trust Fund) Updated: 2/18/2015 12:53 PM by Joseph P. Paoloni Page 2 Packet Pg. 47 9.1 Resolution 2015-83 Meeting of February 23, 2015 Staples Fishkill Plains Garage Fishkill Plains Garage Schneider Elec Telvent Wells Fargo Accela Traq Media W.B. Mason Cornerstone Cornerstone Cablevision Joe DeRosa Jr. Reimbur Don Kortright Morris Assoc 77.00 406.00 928.50 Morris Assoc 143.00 Morris Assoc 2,308.00 Morris Assoc Coffee Systems Staples Ultimate Pest Control Momma's Towing Dutchess Overhead Door Hopewell Auto Hopewell Auto Hopewell Auto Totals $77.00 $2,308.00 $406.00 $1,071.50 Vendor HWN (Wapp WU SU Paid Water Main- (United (United NYCDEP) Wapp. Water Wapp. Fund) Sewer fund) Central Hudson 35.07 Central Hudson 88.01 Central Hudson 202.35 Central Hudson 84.76 Central Hudson 560.25 Central Hudson 87.74 Fed Ex 20.80 Verizon 31.40 Platts Locksmith Home Depot Home Depot Home Depot Mid Hud Fasteners Milton Agway First Unim Life 435.59 Chemung Supply Celia Sigalow Updated: 2/18/2015 12:53 PM by Joseph P. Paoloni Page 3 Packet Pg. 48 Resolution 2015-83 Williams Lumber Hillman Signs Grainger Grainger Staples Staples Fishkill Plains Garage Fishkill Plains Garage Schneider Elec Telvent Wells Fargo Accela Traq Media W.B. Mason Cornerstone Cornerstone Cablevision Joe DeRosa Jr. Reimbur Don Kortright Morris Assoc Morris Assoc Morris Assoc Morris Assoc 4,013.30 Coffee Systems Staples Ultimate Pest Control Momma's Towing Dutchess Overhead Door Hopewell Auto Hopewell Auto Hopewell Auto Totals $4,013.30 Vendor Town Board Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Fed Ex Verizon Platts Locksmith 130.00 Home Depot 121.96 Home Depot 44.36 1,829.96 2,377.44 $1,829.96 $2,377.44 Hold $42,646.43 9.1 Meeting of February 23, 2015 336.76 903.32 858.85 59.90 $3,704.80 4 Updated: 2/18/2015 12:53 PM by Joseph P. Paoloni Page 4 Packet Pg. 49 Resolution 2015-83 Home Depot 30.13 Mid Hud Fasteners 776.29 Mi Ito n Agway 11.90 First Unim Life Chemung Supply 184.56 Celia Sigalow 140.00 Williams Lumber 469.96 Hillman Signs 153.00 Grainger 1,032.24 Grainger 1,427.04 Staples 78.62 Staples 53.97 Fishkill Plains Garage 21.00 Fishkill Plains Garage 455.28 Schneider Elec Telvent 645.00 Wells Fargo Accela Traq Media 5,760.00 W.B. Mason 12.99 Cornerstone Cornerstone Cablevision Joe DeRosa Jr. Reimbur 32.00 Don Kortright 190.00 Morris Assoc 18,240.20 Morris Assoc Morris Assoc 2,308.00 Morris Assoc 4,013.30 Coffee Systems 62.05 Staples 143.00 Updated: 2/18/2015 12:53 PM by Joseph P. Paoloni 9.1 Meeting of February 23, 2015 Page 5 Packet Pg. 50 Resolution 2015-83 9.1 Meeting of February 23, 2015 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 February 23, 2015, 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. RESULT: 67.31 MOVER: Ultimate Pest Control SECONDER: Michael Kuzmicz, Councilman AYES: 50.00 Momma's Towing 85.00 Dutchess Overhead Door 1,810.00 Hopewell Auto 301.52 Hopewell Auto 33.36 Hopewell Auto 57.59 Totals $38,798.63 $143.00 17 $42,646.43 9.1 Meeting of February 23, 2015 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 February 23, 2015, 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. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Updated: 2/18/2015 12:53 PM by Joseph P. Paoloni Page 6 Packet Pg. 51 9.2 Town of Wappinger Meeting: 02/23/15 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Warrant to Pay Bills Prepared By: Joseph P. Paoloni ADOPTED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2015-84 Doc ID: 4179 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - G The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2015-G Vendor A (General Town wide) HWF (Filtration Systems of Hilltop & Atlas) DB (Highway Fund) AM (Ambulance) Camo Camo Camo 25.00 Camo Camo Camo 25.00 Chelsea Fire Dis 95,917.00 James Baisley 1,085.00 CSEA H/W Opt/Den 3,071.46 Grainger 369.60 Aflac Transcare 32,916.66 CDW-G 1,689.78 Allstate Don Kortright 160.00 Enviro Waste 54.75 W.M Schultz Const 223,725.00 Totals $97,656.78 $223,725.00 $4,740.81 $32,916.66 Vendor T14 T16 (Aflac HWN WF (Fleetwood Updated: 2/18/2015 12:57 PM by Joseph P. Paoloni Page 1 Packet Pg. 52 Resolution 2015-84 Camo Camo Camo Camo Camo Camo Chelsea Fire Dis James Baisley CSEA H/W Opt/Den Grainger Aflac Transcare CDW-G Allstate Don Kortright Enviro Waste W.M Schultz Const Totals Vendor Camo Camo Camo Camo Camo Camo Chelsea Fire Dis James Baisley CSEA H/W Opt/Den Grainger Aflac Transcare CDW-G Allstate Don Kortright Enviro Waste W.M Schultz Const Totals 9.2 Meeting of February 23, 2015 (Allstate Insurance) (Wapp Water District) Insurance) Water Main- NYCDEP) 165.90 816.88 1,200.00 2,208.33 $816.88 $165.90 $1,200.00 $2,208.33 WH WT (Tall WU SF (Fleetwood (Watchhill Trees Water District) (United Sewer fund) Water Wapp. District) Water Fund) 8,266.67 1,541.67 3,116.67 74,833.33 3,960.00 $1,541.67 $3,116.67 $78,793.33 $8,266.67 Updated: 2/18/2015 12:57 PM by Joseph P. Paoloni Page 2 Packet Pg. 53 Resolution 2015-84 9.2 Meeting of February 23, 2015 Vendor SM SW (Wildwood SU Paid (Mid Point Sewer fund) (United Park Sewer Wapp. fund) Sewer fund) Camo 13,333.33 9,875.00 57,666.67 Camo Camo Camo Camo Camo Chelsea Fire Dis James Baisley CSEA H/W Opt/Den Grainger Aflac Transcare CDW-G Allstate Don Kortright Enviro Waste W.M Schultz Const Totals $9,875.00 $13,333.33 $57,666.67 $0.00 0 $536,023.70 Vendor Town Board Hold Camo 89,141.67 Camo 81,700.00 Camo 25.00 Camo 3,960.00 Camo 1,200.00 Camo 25.00 Chelsea Fire Dis 95,917.00 James Baisley 1,085.00 CSEA H/W Opt/Den 3,071.46 Grainger 369.60 Aflac 165.90 Transcare 32,916.66 CDW-G Updated: 2/18/2015 12:57 PM by Joseph P. Paoloni Page 3 Packet Pg. 54 9.2 Resolution 2015-84 Meeting of February 23, 2015 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 February 23, 2015, 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. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Updated: 2/18/2015 12:57 PM by Joseph P. Paoloni Page 4 Packet Pg. 55 1,689.78 Allstate 816.88 Don Kortright 160.00 Enviro Waste 54.75 W.M Schultz Const 223,725.00 Totals $440,106.70 $95,917.00 16 $536,023.70 Meeting of February 23, 2015 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 February 23, 2015, 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. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Updated: 2/18/2015 12:57 PM by Joseph P. Paoloni Page 4 Packet Pg. 55 10.6.1 To Barack Obama, President of the United States of America Whereas, the Trans Pacific Partnership treaty would unfairly set American workers in wage competition with countries such as Vietnam, whose workers average 75 cents an hour, with no worker rights, no environmental or consumer protections and an economy where the government and its allied organizations control virtually everything. P5 Whereas! It is immoral to negotiate with the Sultanate of Brunei, whose governmental practices include strict Islamic law, homophobia, misogyny and other gross human rights violations, including mis-treatment of Christians and other religious minorities. Whereas, The Trans Pacific Partnership (TPP) treaty would cause the loss of American jobs; Since the North American Free Trade Agreement (NAFTA) was enacted in 1994, the U.S. Labor Department has certified that more than2.5 million American jobs have been destroyed by either offshore outsourcing or by cheap foreign imports. Moreover, the Economic Policy institute estimates the number of jobs lost is actually closer to 3.5 million. Whereas! Denying access of members of Congress access to negotiations, while permitting corporations such access, is un -democratic, un-American and unconstitutional. Whereas, The investment chapter of the Trans Pacific Partnership (TPP) includes proposals that would grant foreign banks and other corporations the power to challenge any laws, regulations, and court decisions that they believe would violate privileges guaranteed to them by the treaty using foreign tribunals that would overrule American courts and laws. Whereas, The TPP undermines the critical checks and balances and freedoms established by the U.S. Constitution, which reserves many rights to the people or state governments. The Trans Pacific Partnership would obligate the federal government to force U.S. states to conform state laws to 1900 pages of rules, regulations and constraints unrelated to trade from -land use, _to whether foreign firms operating in -a state -can be required to meet the same laws as domestic firms. Whereas, The U.S. federal government would be required to use all possible means - including law suits, and cutting off federal funds for states -to force states to comply with TPP rules. A foreign tribunal related to Packet Pg. 56 10.6.1 -2- the World Trade Organization has already issued a ruling explicitly stating that such tactics roust be employed against individual U.S. states or the U.S. would face indefinite trade sanctions until state laws were brought into compliance. Whereas, Leaked documents show that the U.S. trade negotiators are pushing for the TPP to include so-called "investor -state"" provisions that would grant transnational corporations the power to challenge virtually any new environmental or consumer safety law, regulation or court decision that negatively affects their expectation of profits as a "regulatory taking"" by means of private tribunals that circumvent domestic judicial systems. How Will the TPP Affect U.S. Sovereignty? Whereas, the Trans Pacific Partnership would empower foreign investors to use foreign tribunals to enforce special privileges only available to them. There are more than 700 establishments from TPP nations now operating in our country that would newly be empowered to skirt our courts, bring the U.S. before UN and World Bank tribunals and raid our Treasury for payment to foreign corporations. Whereas, The TPP would shift decisions over the payment of U.S. tax dollars away from Congress and outside of the Constitutionally -established federal court system (or even U.S. state court systems) to the authority of international tribunals. These UN and World Bank tribunals do not apply U.S. law, but rather international law contained in the agreement. Whereas, international tribunals would judge whether foreign investors operating within the U.S. are being provided the proper property rights protections. The standard for property rights protection is not the standard established by the U.S. Constitution as interpreted by the U.S. Supreme Court, but rather an international property rights standard, as would be interpreted by an international tribunal. Whereas, TPP would surrender control of 544 million acres of public land - a quarter of the entire U.S. land area - to international authorities. The TPP would subject to foreign tribunals" judgment all contracts between the U.S. federal government and investors from TPP nations -including subsidiaries of Chinese firms - that obtain mining, logging or other concessions, run a power plant or obtain a government construction contract Packet Pg. 57 10.6.1 -3- on U.S. federal lands. They would be able to take their disputes with the U.S. government to the UN and World Bank tribunals, while U.S. companies with identical contracts would go before domestic courts. This would create an unacceptable double standard, and cede control of federal lands to international tribunals. How Will the TPP Affect the Constitution? 1 Whereas, The TPP would establish a foreign judicial authority higher than even the U.S. Supreme Court that could overrule federal court rulings, in violation of the United States Constitution. Whereas, In a legislative maneuver known as `fast track' or Trade Promotion Authority, Congress will be asked to surrender power granted by Article 1 Section 8 of the U.S. Constitution, the sole power to regulate commerce with foreign nations, to the President so he can negotiate the TPP, sign it and enter into it before Congress even sees it. The President will then tell Congress how long it has to review it, and tell Congress to pass it in an up -or -down vote without any amendments or revisions. How Will the TPP Affect the Internet? Whereas, TPP rewrites the global rules of the Internet to impose restrictive covenants that Congress rejected when it rejected SOPA (Stop Online Piracy Act), PIPA (Protect Intellectual Property Act)and ACTA (Anti - Counterfeiting Trade Agreement). Whereas, The draft chapter of the Trans -Pacific Partnership Agreement insists that Internet Service Providers (ISPs) enforce copyright protection rules. The TPP would require Internet Service Providers to undertake the financial and administrative burdens of becoming copyright police. Whereas, Under TPP, Internet Service Providers would be forced to: a Terminate their users' Internet access on repeat allegations of copyright infringement • Filter all Internet communications for material Hollywood says is potentially copyright -infringing. • Block access to websites that allegedly infringe or facilitate copyright infringement Disclose the identities of their customers to copyright -holders on an allegation of copyright infringement. Packet Pg. 58 10.6.1 This would have a devastating effect on Internet freedom and innovation. Whereas, Rep. Darrell Issa (R -CA) says the secrecy surrounding the TPP could have "serious consequences for the Internet community." and "the American people and Internet users all around the world are rightfully wary of any closed -door negotiations that could adversely impact their ability to freely and openly access the Internet" Secrecy of Treaty Negotiations Whereas, The TPP is believed to include some 26 separate chapters that are likely to affect jobs, wages, agriculture, migration, the environment, access to medicine, consumer safety, banking regulations, Internet rights, government procurement and more. A pact this far-reaching should be negotiated in the most open and transparent manner possible — but so far, U.S. negotiators have refused to share their proposals with the American public or even members of Congress. Whereas, Senator Ron Wyden (D -OR), who chairs the Senate Trade Subcommittee charged with overseeing U.S. trade policy, was forced to introduce legislation on Congressional trade oversight before being allowed only limited access to the TPP texts. His staff members are still denied access, and the Senator is denied from making copies of or taking notes about any of the TPP documents he reads. Whereas, While the public has been denied access to the TPP text, the U.S. Trade Representative has given some 600 corporate lobbyists special "cleared advisor" status that enables them to review and comment upon specific negotiating drafts. Whereas, U.S. negotiators have said they will not share text with the public until after negotiations are completed — at which point it is virtually impossible to make substantive changes. Therefore, he it resolved: That "Fast track" authority shall not be requested for the Trans Pacific Partnership trade agreement. Packet Pg. 59 1 -s - Be it further resolved: 10.6.1 That members of the Congress and the Press shall have full and open access to the negotiation of the Trans Pacific Partnership. That negotiai-irnnr, rnnrerninn nmviyions of the Trans Pacific, Partnership that would in any way compromise the sovereignty of the United States, its government, its laws, or its court system shall cease and desist immediately. That negotiations concerning provisions of the Trans Pacific Partnership that would in any way compromise the sovereignty of any one or more of the individual States of the United States of America, including their LI governments, laws, and court systems shall cease and desist immediately. That no treaty or trade agreement shall place American workers into competition for jobs against low paid workers or slave laborers. That totalitarian, authoritarian, and non -democratic states shall not be included in any negotiations for the Trans Pacific Partnership, or in any final agreement reached. So affirmed, cc: Senator Charles Schumer Senator Kirsten Gillibrand, Representative Sean Patrick Maloney Packet Pg. 60