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2015-05-11Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, May 11, 2015 7:30 PM Town Hall 1. IV. 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 Ismay Czarniecki Town of Wappinger Councilwoman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Albert Roberts Consultant Attorney Present 7:30 PM William Ciccarelli Town of Wappinger Councilman Present 7:30 PM Vincent Bettina Town of Wappinger Highway Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Salute to the Flag Adoption of Agenda Supervisor Gutzler asked to add Resolution 2015-133, a resolution To Increase & Improvement of Facilities of United Wappinger Sewer District in the Town of Wappinger; and, Resolution 2015-135, a resolution Ratifying an Agreement for a Successor Collective Bargaining Agreement Between The Town of Wappinger and Teamsters 445. Motion To: Adopt Agenda Adopted as Amended. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Czarniecki, Kuzmicz, Ciccarelli Accept Minutes of 4/27/2015 1. Motion To: Accept Minutes of 4/27/2015 Ratifing Coll Barga Kuz Czar Town of Wappinger Page I Printed 61412015 Regular Meeting Minutes May 11, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli V. Correspondence Log RESOLUTION: 2015-123 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 -2015-123 Correspondence Lo - 20,15-05-11 Rdumller To From Date Date Rec' Re: A oula Date 85-11-881 Steve Fraiser Joseph Eiiiiesser 1127/2815 112.812815 Cariiwartll Farms Gate Atteilruce 511112815 85-11-882 Joseph Paoloiii Barbara Roberti lVhicut 1123/2815 11212815 Perforrnan AMahiteiiace Bods For Aprd-May 511112815 85-11-883 Joseph Paoloiii Vhicut 6etthia 51112815 5/112815 Letter of Resi iiatioii 511112815 85-11-881 Joseph Paoloiii 6etthia 51112815 5/112815 Vacaiit Positioii of Higkvay Su erhitei7c ut 511112815 85-11-885 Joseph P801017i To�vii Board 511/2815 5X2015JAppohitmeil For Rec6ver of Taxes 5111/2815 85-11-888 Joseph P801017i To�vii Board 511/2815 51112815 A oii7trneil For Su erhitedeil of Highvay 5111/2815 85-11-887 Joseph Paoloiii fflliaii Ciccarelli 511/2815 51512815 Letter of Resi iiatioii 5111/2815 85-11-888 Towii Board Clirdiie 0° Redly -Rao 5/112815 51812815 Towii Of LaGraii e Proposed Law 5/1112815 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 -2015-123 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ........ ❑ ....... ❑ ....... ❑ Defeated William H. Beale .................. Mover Q ❑ ❑ ❑ ❑ Tabled Ism ay Czarniecki Seconder Q ❑ ❑ ❑ ❑ Withdrawn Michael KuzmiczVoter .................... .... ....................................... Q ❑ ❑ ...... ❑ .... m WilliaCiccarelli Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. VI. Public Portion 1. Motion To: Open the Public Portion Town of Wappinger Page 2 Printed 61412015 Regular Meeting Minutes May 11, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli 2. Motion To: Close the Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli VII. Discussions A. Martz Field Pavilion Update 1. Director's memo for Martz Field Pavillion Furnishings COMMENTS - Current Meering: Engineer Gray updated the board on the status of the pavilion. He cited that the shingles are up, the block is being painted, and they're pouring concrete. Director Fulton then rose to talk about furnishings. She asked if she could order aluminum picnic tables. Councilman Kuzmicz insisted they be paid for out of the parkland trust. Attorney Roberts confirmed that Aluminum could but plastic could not. Director Fulton was asking for 10 tables. Councilwoman Kuzmicz asked to purchase the tables per the Director's memo (attached). A motion and vote followed. 2. Motion To: Purchase 10 Aluminum Folding Tables per Director Fulton's memo 0 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli Motion To: Have Buidlings and Grounds provide security for Concrete Pouring outside of normal work hours at Martz Field Councilman Kuzmicz asked for some security while the concrete was being poured. The board motioned to Have Buildings and Grounds provide security for Concrete Pouring. Supervisor Gutzler suggested 2 people for comfort. Town of Wappinger Page 3 Printed 61412015 Regular Meeting Minutes May 11, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli 4. Motion To: Purchase 15 Tables 6 Foot Long Per Director's memo to Supplement the Picnic Tables for the Summer Camp Councilman Beale said that he had no problem authorizing $926 out of Town Board Continaencv A Fund Der Jessica's memo (attached). RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli B. Wappingers Falls Indians Football re Robinson Lane complex Councilman Kuzmicz informed that there is no new status. Attorney Roberts informed that at the last meeting the supervisor was authorized to sign a letter to investigate. Supervisor Gutzler suggested that the town's engineer should do the preliminary work first before having Chazen look into it. A motion followed. Councilman Beale mentioned that costs for all these studies would be coming out of the Parkland Funds and not the General Funds. Parkland funds are funds collected from developers set aside for recreation in place of donating some of their land. 1. Motion To: Authorize the Engineer -To -The Town to do some preliminary work for the study of Land Adjacent to Robinson Lane for Football Fields RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli C. Appointment to the Planning Board 1. Motion To: Appoint Carlo Pesche to the Planning Board RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli Town of Wappinger Page 4 Printed 61412015 Regular Meeting Minutes May 11, 2015 D. Liason to the Building Department 1. Motion To: Appoint William Ciccarelli as Liason to Building Department RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli VIII. Resolutions RESOLUTION: 2015-124 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Jp Morgan Chase Bank WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2014 by JP Morgan Chase Bank regarding parcels of real property located at 1460 and 1461 Route 9, Grid No. 6157-02-650897 and Grid No. 6157-02- 641877 seeking a reduction in the 2014 tax assessments for the 2014/2015 tax roll; 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 has 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.: 6157-02-650897 Year Original Total Assessment Reduction in Assessment Final Assessment 2014/2015 1 $2,000,000 -0- $2,000,000 Grid No.: 6157-02-641877 YearOriginal Total AssessmentReducti on in AssessmentFinal Assessment 2014/2015 $40,100 -0- $40,100 ; 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: Town of Wappinger Page 5 Printed 61412015 Regular Meeting Minutes May 11, 2015 ✓ Vote Record - Resolution RES -2015-124 Reduction in Assessment Final Assessment 2012 $3,600,000 -0- $3,600,000 2013 $3,600,000 -0- $3,600,000 2014 $3,600,000 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Barbara Gutzler ��WilliamH.Beale Voter ...... Q ....... ❑ ........ . ❑ ... ❑ ❑ Defeated .................. ,,,,,,,,,,,,,,,,,,,,Voter .. Voter ................ Q ..... ❑ ....... ❑ ❑ ❑ Tabled Ismay Czarniecki .................. Voter.....,....... Q .... ❑ ......,...... ❑ .... ❑ ... ❑ Withdrawn Michael Kuzmicz Mover Q 11 1111 ❑ William Ciccarelli Seconder Q ❑ 0 0 Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-125 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Wappingers Falls Owners Corp WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2012, 2013 and 2014 by Wappingers Falls Owners Corp. regarding a parcel of real property located at 1548 Route 9, Grid No. 135601-6158-19-619142 seeking a reduction in the 2012, 2013 and 2014 tax assessments for their respective tax rolls; and WHEREAS, the owner 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 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 years 2012, 2013 and 2014 as it pertains to: Grid No. 135601-6158-19-619142 _Tax Original Total Assessment Reduction in Assessment Final Assessment 2012 $3,600,000 -0- $3,600,000 2013 $3,600,000 -0- $3,600,000 2014 $3,600,000 -0- $3,600,000 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 -2015-125 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Barbara Gutzler .William Voter Q ❑ ..❑ ..... ❑ .. ❑ ❑ Defeated H. Beale .................. .................. .. Voter ................ ...... Q.........,.... ...... ❑............ ❑......., ❑ Tabled Ismay Czarniecki Seconder ........ Q ❑ ................. ❑ ❑ ❑ Withdrawn Michael Kuzmicz Mover Q ❑ ❑ ❑ William Ciccarelli Voter Q ❑ 0 0 Town of Wappinger Page 6 Printed 61412015 Regular Meeting Minutes May 11, 2015 Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-126 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Joseph Lopane WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2014 by Joseph Lopane, regarding real property located at Ketchamtown Road, Wappingers Falls, Grid No. 6157-03-070275-0000 seeking a reduction in the 2014 tax assessment for the 2014 tax roll; 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 proceeding for the year 2014 as it pertains to: Grid No.: 6157-03-070275-0000 Year Original Total Assessment Reduction in Assessment Final Assessment 2014 1 $292,700 -0- $292,700 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 -2015-126 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ..❑..... ❑ ❑ ..❑......., ❑ Defeated William H. Beale ................ Voter.. Q.........,.... ..... ....... .... ❑........,... ............ ... ❑ Tabled IsmayCzarniecki .................. Voter.. Q ......,...... ❑ ......,...... ❑ ......,..... ❑ ... ❑ Withdrawn Michael Kuzmicz Mover Q ❑ ❑ ❑ William CiccarelliSeconder Q o o ❑ Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-127 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Hd Development Of Md, Inc. (Home Depot) Town of Wappinger Page 7 Printed 61412015 Regular Meeting Minutes May 11, 2015 WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013 and 2014 by HD Development of MD, Inc. (Home Depot regarding a parcel of real property located at 1507 Route 9, Grid No. 6158-19-623204 seeking a reduction in the 2013 and 2014 tax assessments for their respective tax rolls; and WHEREAS, the owner 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 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 years 2013 and 2014 as it pertains to: Grid No. 6158-19-623204 Year Original Total Reduction in Final Assessment Assessment Assessment 2013 $11,382,400 -0- $11,382,400 2014 $11,382,400 -0- $11,382,400 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 -2015-127 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ..Q........,..... ❑ ❑❑ ..❑........... ..❑.. ❑ Defeated WilliamH.Beale ................. ..... Voter ....... ......... ❑ ... ....... ..... ...... ....... ............ ❑ Tabled Ismay Czarniecki Seconder Q ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Mover Q ❑ ❑ ❑ ... ......., William Ciccarelli Voter Q o 0 ❑ Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-128 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Antonio Velardo WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013 and 2014 by Antonio Velardo regarding real property located at Wenliss Terrace and Stuart Avenue, Grid # (see Schedule "A" attached) 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 Town of Wappinger Page 8 Printed 61412015 Regular Meeting Minutes May 11, 2015 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 (multiple - see Schedule "A" attached. Year Original Total Assessment Revised Total Assessment Reduction 2013 $7,597,200 $5,437,500 $2,157,900 2014 $7,597,200 $5,437,500 $2,157,900 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. Schedule "A" Parcel Grid Numbers 6158- 18- 495092 -0000 6158- 18- 497094 -0000 6158- 19- 501103 -0000 6158- 19- 502106 -0000 6158- 19- 504069 -0000 6158- 19- 504108 -0000 6158- 19- 505072 -0000 6158- 19- 506112 -0000 6158- 19- 507078 -0000 6158- 19- 508080 -0000 6158- 19- 510083 -0000 6158- 19- 512089 -0000 6158- 19- 514091 -0000 6158- 19- 515064 -0000 6158- 19- 515094 -0000 6158- 19- 516097 -0000 6158- 19- 517070 -0000 6158- 19- 518073 -0000 6158- 19- 518099 -0000 6158- 19- 518104 -0000 6158- 19- 518115 -0000 6158- 19- 519075 -0000 6158- 19- 522116 -0000 6158- 19- 523103 -0000 6158- 19- 524086 -0000 6158- 19- 525089 -0000 6158- 19- 526092 -0000 6158- 19- 529098 -0000 6158- 19- 530100 -0000 Town of Wappinger Page 9 Printed 61412015 Regular Meeting Minutes May 11, 2015 6158- 19- 530104 -0000 6158- 19- 532058 -0000 6158- 19- 535104 -0000 6158- 19- 536069 -0000 6158- 19- 538075 -0000 6158- 19- 540081 -0000 6158- 19- 542086 -0000 6158- 19- 543089 -0000 6158- 19- 545095 -0000 6158- 19- 546097 -0000 6158- 19- 548105 -0000 6158- 19- 551105 -0000 6158- 19- 554118 -0000 6158- 19- 555105 -0000 6158- 19- 557119 -0000 6158- 19- 558106 -0000 6158- 19- 560119 -0000 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-128 Original Total Revised Total Reduction Assessment Assessment Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ..❑.. ❑ Defeated William H. Beale ................. Voter... Q........,..... ❑ ... ❑.......,... ❑ Tabled Ismay Czarniecki ....................... Mover.. ..... Q ......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn Michael Kuzmicz VoterQ ..I ........ ........I........ ❑ ....... I........ ❑ ................ ❑ ........ William Ciccarelli Seconder Q o o ❑ Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-129 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Geneva Holdings Llc WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013 and 2014 by Geneva Holdings LLC regarding real property located at 10 Stage Door Road, Grid 4 6156-02-826836, 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 6156-02-826836 Year Original Total Revised Total Reduction Assessment Assessment Town of Wappinger Page 10 Printed 61412015 Regular Meeting Minutes May 11, 2015 2013 $1,750,000 $1,400,000 $350,000 2014 $1,750,000 $1,400,000 $350,000 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 -2015-129 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Barbara Gutzler Voter ....,....... Q ....... ❑ ❑ ,...... ❑ ❑ Defeated William H. Beale...................... Voter Q ❑ ... ❑ ...... ❑ ... ❑ Tabled Ismay Czarniecki Seconder Q ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz .......................... Mover .Voter....,.........Q........,........❑..... Q ❑ ❑ ❑ WilliamCiccarelli ❑........,.......❑..... Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-130 Resolution Accepting Map, Plan & Report For United Wappinger Sewer District Tri - Municipal Sewer Plant Aeration System Replacement Project WHEREAS, by Resolution No. 2015-86 adopted by the Town Board on March 9, 2015, Morris Associates Engineering Consultants, PLLC was authorized to prepare a Map, Plan and Report for capital improvements for the Aeration System Replacement at the Tri -Municipal Wastewater Treatment Plant (the "Project"); and WHEREAS, Morris Associates Engineering Consultants, PLLC has prepared the Map, Plan and Report, authorized by the above -referenced Resolution, a copy of which is on file with the Town Clerk's Office; and WHEREAS, the Town Board wished to accept the Map, Plan and Report and authorize the issuance of capital bonds to pay for the Town's share of the Project. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts the Map, Plan and Report entitled "Map, Plan and Report for United Wappinger Sewer District Tri -Municipal Sewer Plant Aeration System Replacement Project, Town of Wappinger, Dutchess County, New York" dated May 2015 and hereby directs the Town Clerk to file a copy of the same in his office in accordance with the provisions of Article 12 of the Town Law, and to make same available for public review and inspection. 3. The Town Board further authorizes the Attorney to the Town and the Engineer to the Town to take all steps necessary to prepare notices to bidders, bid specifications, contract documents and related materials and to otherwise solicit public bids as soon as bond authorization Resolutions and proceedings are concluded in accordance with Orders and Town of Wappinger Page 11 Printed 61412015 Regular Meeting Minutes May 11, 2015 Resolutions prepared by the Town's bond counsel which are to be adopted separately at this meeting. 4. The Town Board acknowledges that the replacement of the Aeration System at the Tri -Municipal Wastewater Treatment Plant is considered to be an in-kind replacement and is therefore a Type 11 Action as defined by 6 NYCRR 617.5(SEQR) and Chapter 117 of the Code of the Town of Wappinger (WEQR) and, accordingly, the Town Board hereby expressly determines that this is an action that does not require environmental review pursuant to the provisions of either SEQR or WEQR. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-130 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler ��WilliamH.Beale Voter ...... Q ....... ❑ ........ . ❑ ... ❑ ❑ Defeated .................. ,,,,,,,,,,,,,,,,,,,,Voter Q ..... ❑ ....... ❑ ❑ ❑ Tabled ism ay Czarniecki .................. Voter.....,....... El .... ❑ ......,...... ❑ .... ❑ ... ❑ Withdrawn Michael Kuzmicz Mover ........ Q ❑ ................ ❑ ................ ❑ ........ William Ciccarelli Seconder Q ❑ o 0 Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-133 In the Matter of The Increase and Improvement of the Facilities of the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York (the "Sewer District"), being the District's share of the cost of the replacement of the existing mechanical agitation aeration system at the Tri -Municipal Sewage Treatment Plant located in the Town of Poughkeepsie, New York, and operated by the Tri -Municipal Sewer Commission, for the benefit of the Town of Poughkeepsie, Village of Wappingers Falls and the United Wappinger Sewer District, including original equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $945,000; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to 6 NYCRR 617.5, the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA") and Chapter 117 of the Code of the Town of Wappinger ("WEQRA"), the implementation of which as proposed will not result in any significant environmental effects and the documentation relating to SEQRA/WEQRA is available in the office of the Town Clerk for inspection during normal office hours; and WHEREAS, it is now desired to call a public hearing on the question of the increase and Town of Wappinger Page 12 Printed 61412015 Regular Meeting Minutes May 11, 2015 improvement of the facilities of said Sewer District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on June 8th, 2015, at 7:30 P.M., Prevailing Time, on the question of the increase and improvement of the facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-133 Yes/Aye Abstain„ Absent„ Q Adopted „ „No/Nay„ ❑ Adopted as Amended Barbara Gutzler Voter Q ❑....................... ❑ ❑ ❑ Defeated William H. Beale...................... Voter ... ,....... Q ......,...... ❑ ... ❑........,..... ❑ .. ❑ Tabled Ismay Czarniecki .................. Mover ...,....... Q ......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn Michael Kuzmicz .................... seconder .... Q ............. ❑ ...... ❑ ...... ❑ .... WilliaCiccarelli m Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-135 Resolution Ratifying a Memorandum of Agreement for a Successor Collective Bargaining Agreement Between the Town of Wappinger and Teamsters Local 445 WHEREAS, the Town of Wappinger ("the Town") is parry to a Collective Bargaining Agreement with Teamsters Local 445 ("L. 445") on behalf of various Town Hall, Groundskeeping and Recreation employees; and WHEREAS, the Collective Bargaining Agreement expired on December 31, 2013; and WHEREAS, following collective negotiations between the Town and L. 445, the respective negotiating teams have agreed upon a Memorandum of Agreement, in the form attached to this Resolution, that sets forth the terms of a successor Collective Bargaining Agreement; and WHEREAS, the Memorandum of Agreement has been ratified by the Town's L. 445 bargaining unit. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger ratifies the Memorandum of Agreement that is attached to this Resolution and authorizes Town Town of Wappinger Page 13 Printed 61412015 Regular Meeting Minutes May 11, 2015 Supervisor Barbara Gutzler to execute a successor Collective Bargaining Agreement incorporating the terms of the Memorandum of Agreement on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-135 DB (Highway Fund) Paid Town Board Hoffman Equip 4,130.56 4,130.56 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ..... ❑ ❑ ❑ Defeated ..William H. Beale .................. ...Seconder ...... Q..................❑ ...... 0 ............ ❑......., ❑ Tabled Ismay Czarniecki ....................Mover............Q...... Voter Q ❑ ❑ ❑ ❑ Withdrawn MichaelKuzmicz 11 11 .............. ❑........,........❑...... ................ ................ ❑.... ........ William Ciccarelli Voter Q ❑ o 0 Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. IX. Town Board Review of Vouchers RESOLUTION: 2015-131 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board -ZZZ 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: 2014-ZZZ Vendor DB (Highway Fund) Paid Town Board Hoffman Equip 4,130.56 4,130.56 Totals $4,130.56 $0.00 $4,130.56 0 1 $4,130.56 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 May, 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 -2015-131 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler ........................ Voter ..............Q ...................❑ ................ 0 ................... ❑ ......... Town of Wappinger Page 14 Printed 61412015 Regular Meeting Minutes May 11, 2015 ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled ................................................................................................................ Ismay Czarniecki VoterQ Camo ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz .....................Mover.... .......Q........,........❑ .......,........❑........,....... 120.00 ❑..... 54.00 William Ciccarelli Voter Q o o ❑ Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-132 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - X 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-X Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) T92 (Planning/Zoning Escrows) American Legion 650.00 Camo 240.00 Camo 120.00 Camo 54.00 Camo Camo 25.00 Camo 25.00 Central Hudson 85.18 Federal Express 98.22 Home Depot 7.09 Signal Graphics 199.81 Mid Hudson Fasteners 141.39 James Baisley 900.00 Coffee Systems 96.96 Arkel Motors 400.63 Hud River Trk Equip 170.15 Hud River Trk Equip Hud River Trk Equip 272.13 Flag Guys 147.00 Celia Sigalow 75.00 Tech Air 110.25 Dutchess Metal 60.00 Town of Wappinger Page 15 Printed 61412015 Regular Meeting Minutes May 11, 2015 Hillman Signs HBE (Highway Equipment) American Legion 172.50 Tilcon Camo Camo Camo 1,164.53 Staples 45.00 Federal Express Home Depot Comm of Finance 10.68 Mid Hudson Amity Auto Works James Baisley Coffee Systems Arkel Motors 265.00 D & D Doors 546.88 67,540.00 Hud River Trk Equip Transcare Flag Guys Celia Sigalow Poland Spring 137.18 Dutchess Metal Hillman Signs Cornerstone 841.09 Staples Comm of Finance 38.90 D & D Doors Totals $4,114.34 $38.90 $2,586.33 $360.00 Vendor HBE (Highway Equipment) American Legion Camo Camo Camo Camo Camo Camo Central Hudson Federal Express Home Depot Signal Graphics Mid Hudson Fasteners James Baisley Coffee Systems Arkel Motors Hud River Trk Equip Hud River Trk Equip 67,540.00 Hud River Trk Equip Flag Guys Celia Sigalow Tech Air Dutchess Metal Hillman Signs Tilcon Staples Comm of Finance Amity Auto Works D & D Doors Transcare Poland Spring Cornerstone Totals $67,540.00 HWF AM Paid (Filtration (Ambulance Systems) Fund) 520.00 32,916.66 $520.00 $32,916.66 $0.00 0 $108,076.23 Town of Wappinger Page 16 Printed 61412015 Regular Meeting Minutes May 11, 2015 Vendor Paid Town Board Hold American Legion 650.00 Camo 240.00 No/Nay Camo Absent 120.00 Camo 54.00 Camo 520.00 Camo Voter 25.00 ❑ ..... Camo ❑ 25.00 Central Hudson ...Seconder 85.18 ❑ Federal Express ❑......., 98.22 Home Depot Voter 7.09 ❑ 0 ................. Signal Graphics ❑ 199.81 Mid Hudson Mover............Q...... 141.39 Fasteners ❑.... James Baisley Voter 900.00 ❑ Coffee Systems 0 96.96 Arkel Motors 400.63 Hud River Trk Equip 170.15 Hud River Trk Equip 67,540.00 Hud River Trk Equip 272.13 Flag Guys 147.00 Celia Sigalow 75.00 Tech Air 110.25 Dutchess Metal 60.00 Hillman Signs 172.50 Tilcon 1,164.53 Staples 45.00 Comm of Finance 10.68 Amity Auto Works 265.00 D & D Doors 546.88 Transcare 32,916.66 Poland Spring 137.18 Cornerstone 879.99 Totals $0.00 $108,076.23 $0.00 0 31 $108,076.23 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 May, 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 -2015-132 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as AmendedBarbara Gutzler Voter Q ❑ ..... ❑ ❑ ❑ Defeated ..William H. Beale .................. ...Seconder ...... Q.. .................. ❑ ...... 0.. ............ ❑......., ❑ Tabled Ismay Czarniecki ................... Voter Q ❑ 0 ................. ❑ ❑ ❑ Withdrawn Michael Kuzmicz I'll 11 Mover............Q...... ❑.... William Ciccarelli Voter Q ❑ o 0 Town of Wappinger Page 17 Printed 61412015 Regular Meeting Minutes May 11, 2015 Dated: Wappingers Falls, New York May 11, 2015 The Resolution is hereby duly declared Adopted. X. Items for Special Consideration/New Business Supervisor Gutzler appointed William Ciccarelli as the new deputy supervisor. Councilman Beale expressed his displeasure with the school board's rejection of the village's PILOT Program discussed at a prior town board meeting. There reasoning was that the school board does not engage in economic development. Councilman Ciccarelli asked for an update on the replacement of the town vehicles. Supervisor Gutzler asked about bonding or using fund balance. Councilman Ciccarelli mentioned that the 29th is a deadline to use the state bid. Councilman Beale wanted an update of fund balance. Councilman Ciccarelli asked about the escrow clerk. Inez has been doing it since January uncompensated. Supervisor asked for remuneration for Inez's work. Councilman Beale questioned a Collective Bargaining Issue. Supervisor Gutzler asked for an opinion from David Wise. Councilman Kuzmics addressed the residents in the audience attending for the purpose of discussing the flood maps dictated by the federal government's emergency organization called F.E.M.A. Elizabeth M. Satterlee from 9 Cloverdale Place and Diane Kripfgans-Loehr from 5 Cloverdale place explained that they went from no flood zone to a high risk flood zone. She had hoped that the town will make a commitment to apply for a LOMAR or a map revision. The application has to come from the town CEO or Supervisor. She said that the FEMA fee could be waived if they are able to come up with flood hazard documentation. They said that they hired someone to do the survey work and they have the new maps paid for by the resident's contribution of $1,500 each. She added that Andrew Martin has what he needs and that he needs a commitment for the LOMAR from the town. Councilman Beale asked that a copy of the new documentation be submitted to the board and the engineer, that they would be happy to submit the necessary paperwork. Mr. Reilly from 7 Cloverdale Place asked for a date. No date was given. Elizabeth Satterlee suggested that the flood insurance will come due by July 1st and asked for a quick response. Engineer Gray asked what FEMA is going to do with the documents. Elizabeth Satterlee said that it is considered a supporting document for LOMA, which the residents can file. She added the town has to apply for the LOMAR to revise the maps. Supervisor Gutzler promised to give Andrew from FEMA a call tomorrow. The discussion ended. Supervisor Gutzler brought up the request for 2 computers at the highway department, which includes a 15 inch Dell notebook with a docking station for the highway superintendent for Town of Wappinger Page 18 Printed 61412015 Regular Meeting Minutes May 11, 2015 $905.91; and, an entry level Dell mini -tower for $525.37 for a total of $1,431.28 from the contingency fund DB 1994. 1. Motion To: Approve Highway Computers in the amount of $1,431.28 from the DB1994 contingency account. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli XI. Executive Session A. Update the Status of Local 445 - Teamsters 1. Motion To: Emter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli 2. Motion To: Return from Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: William Ciccarelli, Councilman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli XII. Adjournment Motion To: Wappinger Adjournment & Signature Meeting Adjourned at 8:56 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Czarnecki, Kuzmicz, Ciccarelli Town of Wappinger Page 19 Printed 61412015 Packet Pg. 20 yr M r O r O r O r O T O r O r O r O O N N N N N N N N T \ r LO r LO r LO r LO T LO T LO T LO C Ln LO Ln L!7 Lf) LO Ln Lf) d Q Q Co L O U LL a 'C W O O 0 ?� = cn N X — Co O U1 a- O C O m O Cl) 01 N U %u N > CL � O C = U 0- o 0'— CO O E cO G m C O O L o L o C m 1 Oc,5 MoU- LL O)L LO U- U N to C O N N Ca, O O O W .J E 0--- O O L 0 CL CL m N CD mCL 0- O C�aJiQJI- ®LO LO LO LO LO U') LO LO pmt V o r O r O r O r O r O T O r O r O LO LO Nr qT ® LO LO LO LO LO LO LO Lf) d r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 N N N N N N N N Mrrd'�y"�'r A\ N N LO LO LO� LC) Ln Lo Li) Lo Ln LO V �� W (6 LL > L!. m — N C C N— LM 0 �. ® W m m o 0(.) m C _ �mm Q- O L D U L 0m >>Fo—��U S 0 �- o o o o o o O Q Q Q Q Q C C > con cOn uoi vOi vOi voi 0 T N CO IT LO CO I'- CO m 0 0 0 0 0 0 0 0 S_O__O__O__O- O- O- O- O_ r T T T r r r r Z T T T r r r r r LO Lf) LO LO L6 L6 LO LO C) O O O o 0 0 0 Packet Pg. 20 o0 I `4 � *' +�,3`Tt rMsfr tv ;$ roy � GER d� �P � �,m�v �""b s� fns 4�i x � �� v y�'� ;�•'d � � '� p� �' ! �,' �7�r ^� ,�' � J6Mi ` �,4�r ,. � � '� a fp a .1. i M6 .m.�3 ,4 i , � � s� �.n,...; . .. S� � , v `` .�{ T .��.� I � , COA1.1 .�1 .eta. � :e" ' 27 0 lltnrddeb ri . bRni d' fTN p i n r Ey8 s, IV. Y.1215-90 Steve Frasier Supervisor Town of Wappinger Buildings and Grounds 20 Middlebush Rd. Wappinger Falls, N.Y. 12590 April27, 2015 Subject: Carnwath Farms_ Gate attendance Steve: As chairman of the Wappinger Greenway Trail Committee I am letting you know that I have commandeered people to open and close the main gates at Carnwath. They are volunteers and are; Chris & Michele Robbins Tel # 845-632-1144- H Cell # 646-784-1630 John Weber Greenway Trail Warden Tel # 845-226-7455 The Robbins will close the gates every evening at 6:30 pm and open every Wednesday at 7:00 am, while John Weber will open same every morning between 6:30 — 7:00 am except for Wednesdays, start date will be Ma_y_11t�'. ,9s_we - -discussed it -is -vital -that the -gates in -the -rear of the property -should remain locked only allowing access for authorized personnel. This hopefully will eliminate potential problems such as tearing up the fields by unwanted visitors. -Cc: R.Holt -Recreation- Chr. - - J. Paoloni Town Clerk J. Cavaccine Friends of Carnwth Sincerely_ Joseah Ennesser Greenway Chr. APR 2 8 2015 TOWN OF WAPPINGER TOWN�'' Packet Pg. 21 s ZONING ADMIMSTRATOR Barbara Roberti - Ext. 128 PLANNING BOARD & ZONING BOARD OF APPEALS SECRETARY Bea Ogunti — Ext 122 CODE ENFORCEMENT OFFICER Salvatore Morello III — Ext 142 Susan Dao - Ext 122 FIRE INSPECTOR Mark Liebermann - Ext 127 ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 5.1.a SUPERVISOR Barbara A. Gutzle TOWN BOAR] William H. Beale Vincent Bettina Ismay Czarniecki Michael Kuzmic, CLERICAL ASSISTANT (845) 297-1373 Michelle Gale - Ext 123 Fax (845) 297-0579 To: Joseph Paoloni, Town Clerk A as From: Barbara Roberti, Zoning Administrator, ! Re: Schedule of Performance &Maintenance Bonds for the month of� L5 LC, O VCL April - May 2015, APR 2 9 2015 April 23, 2015 TOWN OF WAPPINGER '! PERFORMANCE BONDS , co SUBDIVISION (Sub.) SECURED SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS e BR Realt- Subdivision L/- $_9_4,8.0.0...00 8/-10/_15 10%09/-15 -renewed — (Phantom -Hollow Equities -Inc.)- #SB910912=2000- - - - --- - - - - - -accepted by -TB - 10/22/07 Hilltop Village - Toll Land V Surety Bond $1,366,446.00 6/15/15 8/15/15 -reduction #39B SBGG1368 accepted by TB 10-27-14 Maloney Heights Subdivision Bond $384,000.00 9/10/15 11/19/15 -accepted by TB (Attalah & Joseph Nesheiwat) #775180S 2/25/08 - - - - - - - - - - - - - - -- - - - -Bond in effect until released by Town. Nature Preserve Townhouses Bond $20,000.00 6/15/15 8/15/15 -Bond/Tennis Courts I -- Packet Pg. 22 5.1.a Nature Preserve Townhouses L/C $122,244.00 6/15/15 9/17/15 -Req'd improvement #430212 -Accepted by TB Sept. 22, 2014 United Cerebral Palsy Subdivision L/C $41,600.00 7/15/15 9/28/15 -Accepted by TB o #20004849 10-24-11. MAINTENANCE BONDS J Silver Fox Estates Subdivision L/C $ 85,623.75 6/1/2016 8/14/2016 -Accepted by TB Mid Hudson Holdings, LLC # on July 14, 2014 SITE PLAN RESTORATION BONDS 0 L_ 0 Calvary Chanel of the H.V. Cash Deposit $ 41,600.00 * * * * * * -Accepted by TB on February 24, 2014. Released upon Resolution Approval s w/ signed maps CO Hilltop Village - Toll Bros. Cash Deposit $157,360.00Accepted by TB on (Toll Land V, Limited Partnership) May 28, 2013.to Prestige Mini Cash-D-eposit $4,.640_00 * * * * * * * -Accepted by -T -B -on- -- 0 — - - - - - -- - -arch 24-,-2014-.- U - - Released uponIzi -. Resolution Approval E w/ signed maps Shamrock Hills Subdivision Cash/Bond $20,000.00 6/01/2013 -Accepted by TB on (Toll Land VI, Limited Partnership) August 13, 2012 Graham Foster and Bob Gray still have issues with some catch basin repairs. 9/2014 Cc: Planning Board Robert Gray Town Board Graham Foster Albert P. Roberts, Esq. File Packet Pg. 23 To: Joseph Paoloni, Town of Wappinger Town Clerk From: Vincent Bettina, Councilman Ward 2 Date: May 1, 2015 Re: Resignation Please be advised that I am resigning my position as Town Board member to become effective at the end of the day, Sunday, May 3, 2015. I have enjoyed the privilege of serving the residents of Ward 2 for the past twenty years and would appreciate you forwarding my resignation to the Town Board . 0 Thank you for your assistance and attention to this matter. /Sinrely, — o CL Vincent Bettina cm e cm e e 0 -- - 0 MID MAY.. 01 2015 TOWN OF WAPPINGEP TO W N r l P P I,,�' Packet Pg. 24 To: Joseph Paoloni, Town of Wappinger Town Clerk From: Vincent Bettina Date: May 1, 2015 Re: Vacant Position of Highway Superintendent I am interested in being appointed to the vacant position of Highway Superintendent which is currently scheduled for the special meeting to be held May 4, 2015. 1 have enjoyed the privilege of serving the residents of Ward 2 for the past twenty years. As a life long resident of the Town of Wappinger I believe that my experience and education would be an asset to the residents of the Town of Wappinger. Please forward my request to the Town Board. 0 Thank you for your assistance and attention to this matter. CL 0 Sincerely, Vincent Bettina co 200 Osborne Hill Road Fishkill, New York 12524 e MAY 012015 TOWN OF WAPPINGEP TOI,&INI rI.'PM� Packet Pg. 25 �0/6/0, CERTIFICATION OF APPOINTMENT TO FILL VACANCY IN THE POSITION OF RECEIVER OF TAXES, TOWN OF WAPPINGER WHEREAS, a vacancy exists in the position of Receiver of Taxes, by virtue of the resignation of Patricia Maupin, who resigned as Receiver of Taxes effective May 1, 2015; and WHEREAS, pursuant to Town Law § 64(5), the Town Board, or the majority Members thereof, are authorized to fill such vacancy for the remainder of the unexpired term of the Receiver of Taxes. NOW, THEREFORE, pursuant to the power vested in us by Town Law § 64(5), we, the undersigned Members of the Town Board of the Town of Wappinger, do hereby appoint Lee Ann Freno, of and residing at 196 Smithtown Road, Fishkill, New York 12524, in the Town of Wappinger, a duly qualified resident of said Town, to fill the vacancy existing in such position of Receiver of Taxes. Such appointment is effective immediately and the said Lee Ann Freno shall hold the position of Receiver of Taxes until December 31, 2015. IN WITNESS WHEREOF, we, the undersigned, have hereunto set our hand and seal at Wappingers Falls, Dutchess County, New York, on this day of May, 2015. rp ra MAY,,.0 4 2015 - TOWN OF WAPPINGEF TOWNAFW r� r -p v Barbara A. Gutzler, S 3 ervis illiam Beale, Council Member Ima Cza i��ck', Council Member v-, - - Michael Kuzmicz, Packet Pg. 26 '%/s /05/// - 5.,.a CERTIFICATION OF APPOINTMENT TO FILL VACANCY IN THE OFFICE OF SUPERINTENDENT OF HIGHWAYS, TOWN OF WAPPINGER WHEREAS, a vacancy exists in the Office of the Superintendent of Highways of the Town of Wappinger, Dutchess County, New York, by virtue of the resignation of Graham Foster, who resigned as Superintendent of Highways effective April 30, 2015; and WHEREAS, pursuant to Town Law § 64(5), the Town Board, or the majority Members thereof, are authorized to fill such vacancy for the remainder of the unexpired term of the Superintendent of Highways. NOW, THEREFORE, pursuant to the power vested in us by Town Law § 64(5), we, the undersigned Members of the Town Board of the Town of Wappinger, do hereby appoint Vicent F. Bettina, of and residing at 200 Osborne Hill Road, Wappingers Falls, New York 12590, in the Town of Wappinger, a duly qualified resident of said Town, to fill the vacancy existing in such Office of the Superintendent of Highways. Such appointment is effective immediately and the said Vincent F. Bettina shall hold office until December 31, 2015. IN WITNESS WHEREOF, we, the undersigned, have hereunto set our hand and seal at Wappingers Falls, Dutchess County, New York, on this day of May, 2015. Cb UJ arbara A. Gutzler, S ervis �— lliam Beale, Co cil Member MID "JIsayZCziecki,ebuncil Member MAY 0 4'2015 TOWN OF WAPPINGEF Michael Kuzmicz, Council Amber ----------------------------- - Packet Pg. 27 May 4, 2015 To: Town of Wappinger Planning Board and the Town of Wappinger Town Clerk It is at this time that I would like to submit my letter of resignation to my position on the Town of Wappinger Planning Board. CL Thank you. Sincerely, William Ciccarelli 154 Osborne Hill Road Fishkill, NY 12524 L CCCE5MED MAY 0 5 Zp - ; - -TOWN OF WAPPINGEP Packet Pg. 28 7-0 May 1, 2015 plo`5 J051) / —" 5.1.a 'T'OWN OF LAGRANGE CHRISTINE O'REILLY-RAO TOWN CLERK 120 STRINGHAM ROAD LAGRANGEVILLE, NY 12540 845-452-1830 845-452-2289 FAX Dutchess County Dept. of Public Works State Historic Preservation Office NYS Dept. of Environmental Conservation.- Region 3 Regional Dir. of Parks, Recreation & Historic Preservation Clerk, Town of Wappinger Clerk, Town of East Fishkill Clerk, Town of Pleasant Valley Clerk, Town of Washington Clerk, Town of Union Vale Clerk, Town of Beekman Clerk, Town of Poughkeepsie Re: Town of LaGrange Proposed Local Law A LOCAL LAW OF THE YEAR 2015, OF THE TOWN OF LAGRANGE, DUTCHESS COUNTY, NEW YORK, AMENDING THE ZONING MAP ESTABLISHED BY SECTION 240-22 OF CHAPTER 240, "ZONING", OF THE LAGRANGE TOWN co UJ CODE TO CHANGE THE ZONING FROM GENERAL BUSINESS "GB" AND TOWN CENTER BUSINESS "TCB" TO COMMERCIAL "C" WHICH ARE LOCATED GENERALLY IN THREE GEOGRAPHIC AREAS OF THE TOWN OF LAGRANGE. 0 Dear Siror Madam: On behalf of the Town Board, I forward a copy of the above referenced Notice of Public Hearing for a proposed ro posed Local Law for review and comment, as the subject matter concerns proposed amendments. E -- Please note that this had previously been submitted to you on March 13, 2015. This re -submission is due to an omission of a parcel and an incorrect parcel number on three parcels (349 Noxon Road, 298 Titusville Road and 369 Noxon Road). cc Sincerely, 0 &U� Ao Christine O'Reilly -Rao Town Clerk COR/ms Enclosure (1) RLS��,1Vi - - -MAY-l".�.w i5 i TOWN OF WAPPINGER TOMMI (71 r -P I Packet Pg. 29 Notice of Public Hearing PLEASE TAKE NOTICE, that the Town Board of the Town of LaGrange will hold a public hearing at the Town Hall, 120 Stringham Road, in the Town of LaGrange, Dutchess County, New York, on May 13, 2015, at 7:00 p.m. on Local Law No. _ of 2015, a proposed Local Law of the Town of LaGrange amending the Zoning Map established by Section 240-22 of Chapter 240 of the Town of LaGrange Town Code. The proposed amendment involves the rezoning of the parcels of land as follows. Certain properties in the vicinity of the intersection of the Taconic State Parkway and Route 55 (the "Town Center Area"). Tax Parcel No. 133400-6460-02-945946 is proposed to have its zoning district designation changed from General.Business ["GB" (formerly "C-2)] to Commercial ("C"). Tax Parcel Nos. 133400-6460-02-802900; 133400-6460-02-827873; and 133400-6460-02-823867 are proposed to have their zoning district designations changed from Town Center Business ["TCB" (formerly "TC -B")] to Commercial ("C"). Certain properties in the vicinity of the intersection of Route 55 and Route 82 (the "Route 55/82 Area') shall have their zoning district designations changed from General Business ["GB" (formerly "C-2)] to Commercial ("C"). This,proposed change affects Tax Parcels Nos. 133400-6560-02-501968; 133400- 6560-02515970; 133400-6560-02-546974; 133400-6560-02-564958; 133400 -6560 -02 -601974;133400 -6560-02-546919;133400-6560-02-541906;133400-6560-02-530919; 133400-6560-02-504909; 133400-6560-01-492906; 133400-6560-01-473908; 133400-6560-01-417899; and 133400-6560-01-457972. Certain properties in the vicinity of the intersection of Noxon Road and Titusville Road (the "Noxon- Titusville Area") shall have their zoning district designations changed from General Business ["GB" (formerly "C-2)] to Commercial ("C"). This proposed change affects Tax Parcels Nos.133400-6360-03- 259493;133400-6360-03-241471; and 133400-6360-03-279450. The notice for the public hearing held on April 22, 2015 for this proposed amendment contained the following errors: (a) Tax Parcel Number 133400-6560-01-457972, located at 1463 Route 55 in the _Town _of_LaGxange,_was_inadvertently_ omitted_from the _Notice; and (b) incorrect tax- parcel__ - numbers were listed in the notice for Tax Parcels Nos. 133400-6360-03-259493, located at 349 Noxon Road; 133400-6360-03-241471, located at 298 Titusville Road; and 133400-6360-03-279450, located at 369 Noxon Road. These errors have been corrected in a revised version of the proposed - amendment. The purpose of this public hearing session shall be to afford the public an opportunity to comment further on the proposed amendment as revised. PLEASE TAKE FURTHER NOTICE, that copies of the proposed Local Law are available for examination at the Town of LaGrange Town Clerk's office, at Town Hall, 120 Stringham Road in the Town of LaGrange. PLEASE TAKE FURTHER NOTICE, that all persons interested and citizens shall have an opportunity to be heard on said proposed Local Law at the public hearing at the time and place indicated above. Dated: LaGrange, NY May 1, 2015 e O'Reilly -Rao Town of LaGrange Town Clerk 5.1.a Packet Pg. 30 0 0 - 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845)297 -4158 -Main (845)297 -0720 -Direct (845)592 -7433 -Fax TOWN OF WAPPINGER Recreation Department MEMO TO: BARBARA GUTLZER, TOWN SUPERVISOR WILLIAM BEALE, COUNCILMEMBER WILLIAM CICCARELLI, COUNCILMEMBER ISMAY CZARNIECKI, COUNCILMEMBER MICHAEL KUZMICZ, COUNCILMEMBER FROM: JESSICA FULTON, RECREATION DIRECTOR DATE: MAY 1 1,2015 SUBJECT: MARTZ FIELD PAVILLION RECREATION DIRECTOR Jessica Fulton RECREATION COMMITTEE CHAIR Ralph Holt RECREATION SECRETARY Donna Lenhart 7.A.1 The Martz Field Pavilion is nearing completion and the time has come to purchase the furnishings for the building. The plans drawn up by Morris Associates laid out the furnishings in a way that would accommodate the full capacity of campers along with the staff. Twenty -Eight tables are required to accommodate the campers. After some discussion, Steve Frazier, CouncilmQn Kuzmicz and I are of the opinion that the pavilion should be furnished with a combination of two types of tables. -- -- --------1- --l0-tables -wo- would-be- t -picnic -tables withAluminumtops and -benches.---- --- - - - -Wood--and- expanded metal- tables;-while-ess expensive -were not- - - ---- considered appropriate materials for this project. Wood tables would not hold up to the constant use, are not easy to clean art &craft messes off of, and pose a risk of splinters, and expanded metal creates an uneven work surface for the children. The supplier of the aluminum tables is currently under New York State Contract. These tables would be left out year round for the use of our summer campers and residents. The tables will be secured by chains to fixtures installed in the floor that will be fabricated by buildings and grounds supervisor Steve Frazier. Cost $6,837- Jamestown Advanced Products 2. 15 tables wou Er be 6 foot folding tables which would be stored in storage building at Martz field and brought out as needed in the event of poor weather or whenever the camp director believes they are needed. For seating at these tables. Cost $926- Classroom Essential Supplies Packet Pg. 31 4 7.A.1 The last three tables have been donated by Joe Ennesser and the Greenway committee. They are composite tables which are handicap accessible. In addition, we will need to purchase folding chairs for the tables. I am hoping to make use of some surplus chairs that we have in storage. Once I have counted them and checked their condition, I will return to the Town Board with a recommendation on how many additional chairs will need to be purchased. sica Fulton Recreation Director Packet Pg. 32 Albert P. Roberts Re: JP Morgan Chase Bank vs. Town of Wappinger Thomas R. Davis 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 two parcels owned by Unterreiner Properties, LLC and Stefan Unterreiner subject to a ground James P. Horan*** lease by the tenant -in -possession, JP Morgan Chase Bank located at 1460 Marina V. O'Neill and 1461 Route 9. The assessed values for 2014 are $40,100 and $2,000,000 respectively. After demonstrating support for the fair market Ian C. Lindars value of the property the petitioner has agreed to discontinue the 2014 A.J. luele proceedings without reduction. Darren H. Fairlie Since there is no reduction for the assessment year 2014, there is no refund liability. OF COUNSEL Scott L. Volkman I enclose herewith a resolution for your consideration at the next Town Karen MacNish Board meeting. Very tru your , PARALEGALS Sandra Oakley STEN ,ROBE , VIS 0- ,LLP Dawn M. Paino / �� 3 CLOSING COORDINATOR SCOTT L. VOLKMANSLV/dap Maria L. Jones Enclosure cc: Christian Harkins, Assessor ALSO ADMITTED IN FL&MA Joseph P. Paoloni, Town Clerk "ALSO ADMITTEDIN CT Daniel Petigrow, Esq. "`ALSO ADMITTED IN NJ , S Packet Pg. 33 STENGER ROBERTS DAVIS & DIAMONDLLP CL n 1136 Route 9 Wappingers Falls, New York 12590 M (845)298-2000 FAX (845) 298-2842 May 5, 2015 www.srddlaw.com e-mail: info@srddlaw.com Town Board Town of Wappinger 0. 20 Middlebush Road Wappingers Falls, NY 12590 Kenneth M. Stenger Attn: Hon. Barbara Gutzler, Supervisor Albert P. Roberts Re: JP Morgan Chase Bank vs. Town of Wappinger Thomas R. Davis 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 two parcels owned by Unterreiner Properties, LLC and Stefan Unterreiner subject to a ground James P. Horan*** lease by the tenant -in -possession, JP Morgan Chase Bank located at 1460 Marina V. O'Neill and 1461 Route 9. The assessed values for 2014 are $40,100 and $2,000,000 respectively. After demonstrating support for the fair market Ian C. Lindars value of the property the petitioner has agreed to discontinue the 2014 A.J. luele proceedings without reduction. Darren H. Fairlie Since there is no reduction for the assessment year 2014, there is no refund liability. OF COUNSEL Scott L. Volkman I enclose herewith a resolution for your consideration at the next Town Karen MacNish Board meeting. Very tru your , PARALEGALS Sandra Oakley STEN ,ROBE , VIS 0- ,LLP Dawn M. Paino / �� 3 CLOSING COORDINATOR SCOTT L. VOLKMANSLV/dap Maria L. Jones Enclosure cc: Christian Harkins, Assessor ALSO ADMITTED IN FL&MA Joseph P. Paoloni, Town Clerk "ALSO ADMITTEDIN CT Daniel Petigrow, Esq. "`ALSO ADMITTED IN NJ , S Packet Pg. 33 .�� STENGER ROBERTS DAVIS & DIAMOND LLP 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 FAX (845) 298-2842 May 5, 2015 www.srddlaw.com e-mail: info@srddlaw.com Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Kenneth M. Stenger Attn: Hon. Barbara Gutzler, Supervisor Albert P. Roberts Thomas R. Davis Stephen E. Diamond* Joan F. Garrett** James P. Horan*** Marina V. O'Neill Ian C. Lindars A.J. luele Darren H. Fairlie OF COUNSEL Scott L. Volkman Karen MacNish PARALEGALS Sandra Oakley Dawn M. Paino CLOSING COORDINATOR Maria L. Jones *ALSO ADMITTED IN FL & MA "ALSO ADMITTED IN CT -ALSO ADMITTED IN NJ Re: Wappingers Falls Owners Corp vs. Town of Wappinger Dear Supervisor Gutzler & Town Board Members: Please be advised that the above referenced proceeding is a tax certiorari matter for 2012, 2013 and 2014. The property is owned by Wappingers Falls Owners Corp located at 1548 Route 9 and is a co-op apartment complex commonly known as Ashley Gardens. The assessed value for 2012, 2013 and 2014 was $3,600,000. After demonstrating support for the assessed value and disputing the validity of their preliminary valuation the petitioner has agreed to discontinue the 2013, 2013 and 2014 proceedings without reduction. Since there is no reduction for the assessment years 2012, 2013 and 2014, there is no refund liability. I enclose herewith a resolution for your consideration at the next Town Board meeting. SLV/dap Enclosure cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq. Joseph McGowan, Esq. 8.2.a Packet Pg. 34 .�� STENGER ROBERTS DAMS & DIAMONDLLP 1.136 Route 9 Wappingers Falls, New York 12590 (845)298-2000 FAX (845) 298-2842 www.srddlaw.com May 5, 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: Joseph Lopane vs. Town of Wappinger Stephen E. Diamond" Dear Supervisor Gutzler & Town Board Members: Joan F. Garrett*" Please be advised that the above referenced proceeding is a tax certiorari matter for the tax year 2014. The property consists of vacant residential James P. Horan""' land including a small improvement located at Ketchamtown Road. The Marina V. O'Neill assessed values for 2014 was $292,700. After demonstrating support for the value of the property the petitioner has agreed to discontinue the 2014 Ian C. Lindars proceedings without reduction. A.J. luele Since there is no reduction for the assessment year 2014, there is no refund Darren H. Fairlie liability. OF COUNSEL Scott L. Volkman Karen MacNish PARALEGALS Sandra Oakley Dawn M. Paino CLOSING COORDINATOR Maria L. Jones ' ALSO ADMITTED IN FL & MA "ALSO ADMITTED IN CT -ALSO ADMITTED IN NJ I enclose herewith a resolution for your consideration at the next Town Board meeting. Very trul STENIGW. RO IAMOND, LLP SCOTT L. VOLKMAN SLV/dap Enclosure cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq. 8.3.a Packet Pg. 35 Thomas R. Davis Re: HD Development of MD, Inc. (Home Depot) vs. Stephen E. Diamond* Town of Wappinger Dear Supervisor Gutzler & Town Board Members: Joan F. Garrett** Please be advised that the above referenced proceeding is a tax certiorari James P. Horan*** matter for tax year 2013 and 2014. The property is owned by HD Marina V. O'Neill Development of MD, Inc. (Home Depot) located at 1507 Route 9. The assessed value for 2013 and 2014 was $11,382,400, consistent with a prior Ian C. Lindars settlement in 2011. The petitioner has agreed to discontinue the 2013 and A.J. luele 2014 proceedings without reduction. Darren H. Fairlie Since there is no reduction for the assessment years 2013 and 2014, there is no refund liability. OF COUNSEL Scott L. Volkman I enclose herewith a resolution for your consideration at the next Town Karen MacNish Board meeting. Very tru s, PARALEGALS Sandra Oakley STEN , ROBE , D IS MOND, LLP Dawn M. Paino SCOT L. OLKMAN 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 - ALSO ADMITTED IN NJ Daniel Petigrow, Esq. Packet Pg. 36 STENGER ROBERTS . DAVIS & DIAMONDLLP 1136 Route 9 Wappingers Falls, New York 12590 U. (845) 298-2000 FAX (845) 298-2842 www.srddlaw.com May 5, 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: HD Development of MD, Inc. (Home Depot) vs. Stephen E. Diamond* Town of Wappinger Dear Supervisor Gutzler & Town Board Members: Joan F. Garrett** Please be advised that the above referenced proceeding is a tax certiorari James P. Horan*** matter for tax year 2013 and 2014. The property is owned by HD Marina V. O'Neill Development of MD, Inc. (Home Depot) located at 1507 Route 9. The assessed value for 2013 and 2014 was $11,382,400, consistent with a prior Ian C. Lindars settlement in 2011. The petitioner has agreed to discontinue the 2013 and A.J. luele 2014 proceedings without reduction. Darren H. Fairlie Since there is no reduction for the assessment years 2013 and 2014, there is no refund liability. OF COUNSEL Scott L. Volkman I enclose herewith a resolution for your consideration at the next Town Karen MacNish Board meeting. Very tru s, PARALEGALS Sandra Oakley STEN , ROBE , D IS MOND, LLP Dawn M. Paino SCOT L. OLKMAN 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 - ALSO ADMITTED IN NJ Daniel Petigrow, Esq. Packet Pg. 36 SRDD LAW 1 1136 Route 9 Wappingers Falls, New York 12590 (845)298-2000 FAX (845) 298-2842 www.srddlaw.com e-mail: info@srddlaw.com May 5, 2015 Scott L. Volkman Enclosed is a resolution for your consideration. The Assessor will provide Karen MacNish you with his recommendation and refund analysis for y your review and consideration. In addition, the refund will be payable without interest if paid PARALEGALS within 60 days after service of the copy of the executed order and demand for Sandra Oakley refund. I would appreciate your concurrence on this matter at the next Dawn M. Paino available Town Board meeting. If you have any questions in the meantime, please do not hesitate to contact me. CLOSING COORDINATOR Yours very truly, Maria L. Jones ST , R RT , D V s & DIAMOND, LLP 'ALSO ADMITTED IN FL & MA ALSO ADMITTED IN CT !' -ALSO ADMITTED IN NJ SCOTT L. VOLKMAN SLV/dap Enclosure 8.5.a Packet Pg. 37 Town Board Town of Wappinger Kenneth M. Stenger 20 Middlebush Road Wappingers Falls, NY 12590 Albert P. Roberts Attn: Hon. Barbara Gutzler, Supervisor Thomas R. Davis Re: Antonio Velardo v. Town of Wappinger Stephen E. Diamond* Dear Supervisor Gutzler & Town Board Members: Joan F. Garrett** Please be advised that the above referenced proceeding is a tax certiorari James P. Horan— matter for the years 2013 and 2014. This proceeding involves 47 units under Marina V. O'Neill single ownership located at Wenliss Terrace and Stuart Avenue in the Village of Wappingers Falls commonly known as Dutchess Falls Apartments. The Ian C. Lindars original assessment for the parcels was $7,597,200 and we agreed to reduce A.J. luele the total assessment to $5,437,500. With the current equalization rate at 100% this settlement reflects fair market value. We have also agreed to Darren H. Fairlie maintain the assessed value for the 2015 tax roll. I am providing under separate cover a confidential memo providing further support for this settlement OF COUNSEL Scott L. Volkman Enclosed is a resolution for your consideration. The Assessor will provide Karen MacNish you with his recommendation and refund analysis for y your review and consideration. In addition, the refund will be payable without interest if paid PARALEGALS within 60 days after service of the copy of the executed order and demand for Sandra Oakley refund. I would appreciate your concurrence on this matter at the next Dawn M. Paino available Town Board meeting. If you have any questions in the meantime, please do not hesitate to contact me. CLOSING COORDINATOR Yours very truly, Maria L. Jones ST , R RT , D V s & DIAMOND, LLP 'ALSO ADMITTED IN FL & MA ALSO ADMITTED IN CT !' -ALSO ADMITTED IN NJ SCOTT L. VOLKMAN SLV/dap Enclosure 8.5.a Packet Pg. 37 cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq. Joseph McGowan, Esq. 8.5.a Packet Pg. 38 STENGER ROBERTS DAVIS & DIAMONDLLP 1136 Route 9 Wappingers Falls, New York 12590 U (845)298-2000 IL FAX (845) 298-2842 May 5, 2015 www.srddlaw.com e-mail: info@srddlaw.com Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Kenneth M. Stenger Attn: Hon. Barbara Gutzler, Supervisor 0 Albert P. Roberts Re: Geneva Holdings 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 Joan F. Garrett* matter for the assessed years 2013 and 2014. This proceeding involves a parcel located at 10 Stage Door Road, which consist of a 2 acre parcel James P. Horan""` improved with an office/warehouse building. The original assessment for Marina V. O'Neill both years at issue was $1,750,000 and we agreed to reduce the total assessment to $1,400,000. With the current equalization rate at 100% this Ian C. Lindars settlement reflects fair market value. I am providing under separate cover a A.J. luele confidential memo in further support of the settlement. Darren H. Fairlie Enclosed is a resolution for your consideration. The Assessor will provide you with his recommendation and refund analysis for your review and OF COUNSEL consideration. In addition, the refund will be payable without interest if paid Scott L. Volkman within 60 days after service of the copy of the executed order and demand for Karen MacNish refund. I would appreciate your concurrence on this matter at the next available Town Board meeting. If you have any questions in the meantime, please do not hesitate to contact me. PARALEGALS Sandra Oakley Yours ver trul , Dawn M. Paino ST E , ROB T , D SIS..& DOND, LLP CLOSING COORDINATOR Maria L. Jones SCOTT L. VOLKMAN SLV/dap 'ALSO ADMITTED IN FL & MA Enclosure "ALSO ADMITTED IN CT -ALSO ADMITTED IN NJ cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq. Packet Pg. 39 EXHIBIT A NOTICE OF PUBLIC HEARING 8.8.a NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, will meet in the Town Hall, in Wappingers Falls, New York, in said Town, on June 8th, 2015, at 7:30 P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the facilities of United Wappinger Sewer District, in said Town, being the District's share of the cost of the replacement of the existing mechanical agitation aeration system at the Tri -Municipal Sewage Treatment Plant for said Sewer District, including original equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $945,000. This project has been determined to be a Type H Action under the regulations promulgated under the State Environmental Quality Review Act ("SEQRA") and Chapter 117 of the Code of the Town ("WEQRA") and SEQRA/WEQRA compliance materials are available for inspection at the Office of the Town Clerk where they may be inspected during normal business hours. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Wappingers Falls, New York, May 12th, 2015. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK Joseph P. Paoloni Town Clerk Packet Pg. 40 5 8.9.a MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("MOA") is entered into by and between the Town of Wappinger (the "Town"), and Teamsters Local Union Number 445, International Brotherhood of Teamsters ("the Union"), hereinafter collectively referred to "the parties," WHEREAS, the Town and the Union are parties to a collective bargaining agreement ("CBA") covering the period June 1, 2011 through December 31, 2013; and WHEREAS, the parties have reached an agreement as of the date of execution of this MOA on the terms and conditions for a successor collective bargaining agreement for the period January 1, 2014 through December 31, 2017; and WHEREAS, upon execution of this MOA by the Town and the Union, subject to ratification pursuant to each party's rules, regulations and procedures, the parties agree to the following: Article 7.1.1 Base Wage Schedule — Change to read: Employee wages shall be increased as follows: Full -Time Employees Part -Time Employees January 1, 2014 $1,100.00 $550.00 January 1, 2015 $1,100.00 $550.00 January 1, 2016 $1,100.00 $550.00 January 1, 2017 $1,100.00 $550.00 For purposes of hourly rates of pay, each of the above raises amounts to an increase of $0.604 per hour for full-time employees and part-time employees who work 910 hours per year. The rate for all other part-time employees shall be based on the number of hours regularly worked on an annual basis. In addition to the above increases, the following four employees shall receive a one-time salary increase of $1,100.00 retroactive to January 1, 2014: a. Nancy Angell b. Susan Dao c. Joseph DeRosa, Jr. d. Donna Lenhart {01054947} - 1 - Packet Pg. 41 8.9.a 2. Article 8.2.5 Annual Buy -Back — Change Article to read: An employee may elect to receive cash payment for up to one week of accumulated, unused vacation leave credits during any calendar year (January 1 through December 31). A buy-back election must be submitted to the Town Supervisor no later than September 1, and each employee shall be limited to one instance of buy-back per calendar year. Payment of buy-back will be made in order of employee seniority and shall be paid no later than January 31 of the following calendar year. Payment will be at the employee's rate of pay as of the time of election. 3. Article 8.3.3 Use of Sick Leave — In the last sentence, change "two hours" to "one hour." 4. Article 10.1.1 Medical — Change to read: Employees will receive the same coverage they currently receive. If such plan is no longer available from the provider, the Town will make best efforts to obtain a substantially equivalent plan. If the Town seeks to change the plan despite its continued availability, it shall replace with an equivalent plan. 5. Article 12.1.1 Coverage — Add the following at the end of this Article: Such employees, and their spouses, shall also have the option to elect contributing dental insurance coverage from the Town as long as the employee or spouse pays 100% of the premium, or the same contribution rate charged by the Town to non-union employees as of the date of such employee's retirement, whichever rate shall be less. 6. New Article 7.6 Clothing Allowance Certain employees shall be entitled to an annual (January 1 to December 31) clothing allowance on a reimbursement basis. In order to be subject to reimbursement, an article of clothing must be necessary for the employee's job, and any items for which reimbursement has been made by the Town shall not be worn for an employee's off-duty activities. Clothing reimbursement shall be provided to: Building and Grounds Department employees -- $300 Fire Inspector - $250 {01054947} - 2 - Packet Pg. 42 8.9.a 7. New Article 8.4 Sick Leave Bank (to begin January 1, 2015) 8.4.1 Definitions, Eligibility, Obligations and Limitations A. Catastrophic injury or illness is defined as a life-threatening condition or combination of conditions affecting the mental or physical health of the employee or immediate family member or household. The catastrophic illness or injury must require the services of a physician. B. Immediate family or household is defined as spouse, domestic partner, child (including step and foster), parent or any relative or person living in the employee's household for whom the employee has custodial responsibility. C. This Sick Leave Bank ("Bank") is available to those employees who have completely exhausted all accumulated leave time (sick, personal and vacation leave), or who reasonably anticipate exhausting such leave time prior to the end of an absence covered by this policy, and who are not otherwise receiving any related compensable benefits such as disability or Workers' Compensation. D. Membership is available to all employees who have sick leave balances, and upon the first January 1 following completion of their Civil Service probationary period. E. Membership eligibility for participation in the Bank for a calendar year begins upon the employee's original donation of at least two days of leave. Partial days cannot be donated at any time. Enrollment in the Bank continues, provided a minimum of two days is donated in each subsequent calendar year. F. Donated accumulated leave time contributed to the pool becomes the property of the Bank and may not be withdrawn, targeted for specific individuals or returned to an employee upon separation, retirement or death. G. Use of benefits from the Bank will occur in connection with any provisions of the Family and Medical Leave Act ("FMLA"), if applicable, and any use is calculated as part of the twelve weeks of leave provided under the Act. 8.4.2 Donations A. Any employee who wishes to transfer a portion of his/her accumulated leave time must sign a statement indicating the number of days to be transferred. Employees will be given an opportunity to donate accumulated leave time to the Bank annually. An enrolled Employee who fails to contribute in any year shall cease to be enrolled. A Sick Leave Bank Donation Form is attached as Schedule B. {01054947} - 3 - Packet Pg. 43 8.9.a B. The minimum amount of accumulated leave time an employee may contribute is two days. The donating employee must retain a minimum of five (5) accumulated sick leave days at the time of donation. C. Donations are to be taken from accumulated leave time. No transfer of funds shall occur, but the contributing employee's cumulative accrued sick leave balance will be reduced by the number of days donated. D. Donations shall be made no later than March 31 of the applicable calendar year. 8.4.3 Administration A. The Bank will be administered by a committee ("Committee") of four persons, two appointed by the bargaining unit and two appointed by the Town. The Committee shall elect a Chairperson, who shall run all meetings. B. The Committee shall be responsible for coordinating the annual donations, processing requests and maintaining appropriate related records. C. The Committee will be responsible for reporting usage to the Town Supervisor on an annual basis. D. Requests for paid sick leave will be reviewed by the Committee. The Committee will prepare a written notification to the requesting member approving or denying the application for paid sick leave and will ensure that the appropriate forms and/or documentation are submitted to the Payroll Office if the request is approved. E. The Committee may not grant paid sick leave days to employees when the Bank does not have available days. F. An application shall be denied if it is incomplete or lacks supporting statements from a licensed health care provider, or if the employee fails to provide any requested documentation. If denied, an application may be resubmitted. G. The Bank will be administered in accordance with the Americans with Disabilities Act and Family and Medical Leave Act requirements, if applicable. 8.4.4 Withdrawals A. An employee or his/her designee must request sick leave from the Bank by completing an application and submitting it to a member of the Committee. An employee may apply for leave from the Bank but cannot receive more than 25 sick leave days in a twelve- month period. A Sick Leave Bank Request Form is attached as Schedule C. {01054947} - 4 - Packet Pg. 44 8.9.a B. All requests must be accompanied by a physician's statement that includes the beginning date of the condition, a description of the illness or injury and the length of anticipated leave. All requests must indicate the number of sick leave days requested. C. The Committee will render a decision to the employee within ten (10) working days after receipt of the request. D. The amount, if any, of sick leave granted for each request will be determined by the Committee, but cannot exceed one third of the balance in the Bank or 25 working days, whichever is less. Any unused sick leave granted in such instances returns to the Bank. E. All decisions of the Committee are final and not subject to appeal or to the grievance process contained in this Agreement. Renumber Articles 8.4, 8.5 and 8.6 to 8.5, 8.6 and 8.7, respectively. 9. All other terms and conditions of the collective bargaining agreement remain unchanged. TOWN OF WAPPINGER TEAMSTERS LOCAL UNION NUMBER 445 wo Barbara Gutzler, Supervisor Jerry Ebert, Business Agent Michelle Gale, Unit President Dated Dated {01054947} - 5 - Packet Pg. 45