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2015-09-14Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, September 14, 2015 7:30 PM Town Hall Call to Order Attendee Name Barbara Gutzler William Ciccarelli William H. Beale Ismay Czarniecki Michael Kuzmicz Joseph P. Paoloni Grace Robinson Vincent Bettina Steve Frazier Al Roberts Bob Gray Barbara Roberti Salute to the Flag Organization Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Consultant Consultant Town of Wapping Adoption of Agenda Title Supervisor Councilman Councilman Councilwoman Councilman Town Clerk Deputy Town Clerk Buildin Status Present Present Present Present Present Present Present Present Present Present Present Present Arrived 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM Councilman Beale asked to remove the 'Recycle Center' discussion from the agenda and replace it with a discussion on the'Dutchess County Sheriff 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarniecki, Kuzmicz IV. Correspondence Log RESOLUTION: 2015-181 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Town of Wappinger Page I Printed 912112015 Regular Meeting Minutes September 14, 2015 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-181 Correspondence Leog - 205- -14 Number To From Bate Bate Rec' Ree A encla Bate 33-14-331 Mr. Parrish Daniel Rivas/ANI Management 7/3112315 8/512315 Principal Sar Construction Co., In 3/1412315 109-14-002 Town Board Ellie Theoliary 22212315 728015 #2 Fuel Heating Oil 3/1412315 109-14-003 Town Board Heather L Kitchen 8/11/2315 8/1212315 MonthlV Justice Report for JLjlV 2315 3/14/2315 33-14-334 Joseph P. Paoloni Barbar Roberti 7117/2315 8/1712315 Performance & Maintonace Bonds Ai . 2315 3/1412315 33-14-335 Town Board Carl S. Wolfson 8/712315 81T2016IMonthly Justice Report for JLjlV 2315 3/1412315 133-14-338 Town Board Barbar Roberti 8/1212315 MV2015JPropei-ly Maintenance Costs July 2315 3/1412315 109-14-007 Su enAsor Gutzler Joseph E lesser 812512315 8 812315 2315 Bud et RequestMapp Greemay Trail 311412315 33-14-338 Su eonsor GutZler Gutchess Cou17t Shared Seances 8124/2315 8/31/2315 Shared Seances Foruon 3/14/2315 33-14-333 Supervisor Gutzler Kim Volpe/Animal Health lisp. 8/13/2315 8/31/2315 MUlliC1 al Shelter Inspection Report Ai . 2315 3/14/2315 33-14-313 Supervisor Gutzler NYS Department of Public Service 812112315 8/3112315 Public Meetings / Hearings by the Commision 3/1412315 109-14-011 Su eonsor Gutzler Marc Gertsmen/Commisioner 82412315 8/3112315 Climate Smart Communities 3/1412315 109-14-012 Su eonsor Gutzler 'Falter R Artus 8/15/2315 8/31/2315 Salvatore Morello / Stormwater Mana oment 3/14/2315 33-14-313 Town Board Jessica Fulton 31812315 3/812315 2315 Camp Pro ram 31142315 33-14-314 Tom Board Heather L Kitchei7 3/3/2315 9/1001511lMoithly Justice Report for August 2315 311412315 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 -2015-181 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter .................. Q ❑ .. ..... ❑ ❑ ❑ DefeatedWilliam Ciccarelli ............................ Seconder ................... Q ....... ❑ ....... ... I.... ❑ ....... ❑ ............ ❑ Tabled William H. Beale ................ ... ... Voter Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki ................... Voter Q ❑ ❑ ......❑................ ❑ ,.Michael Kuzmicz Mover...,.........Q........,........❑..... ❑........ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. V. Public Portion 1. Motion To: Open Public Portion Mary Schmalz asked about the discussion on 308 Myers Corners Road. Supervisor Gutzler responded that it was related to the tax bill. Mary then commented on the community day handicap parking and the lack of it. Supervisor Gutzler didn't recall this having been an issue before. Councilwoman Czarniecki said she thought they would park along the road. Councilwoman Czarniecki asked that Mary make this suggestion to the director of recreation prior to the next community day. Town of Wappinger Page 2 Printed 912112015 Regular Meeting Minutes September 14, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz VI. Discussions 1. Zoning Administrator (Gutzler): Zoning Amendments; Property Maintenance Zoning Administrator asked that the board give her permission to continue to scrutinize the code to review the code for potential updates and report as necessary. The zoning administrator reported that there were no complaints were filed since the last meeting. She added that the bank overseeing 7 Gold road contacted her and informed that the property will be mowing it regularly. Councilwoman Czarnecki asked about reimbursement for the past mowing. Barbara said that the cost will be added the past taxes due. Town of Wappinger Page 3 Printed 912112015 Regular Meeting Minutes September 14, 2015 T ON. B: AKA GU'ZI:R, SUPERNqSOR (XI: 10% N BOARD FROM. BARBAN A ltG Elt-ri,, zoNiNG A -mimS' .TOR ATE, SEPTEMBER, 14, 20 Pxq CGDE' On August , 2015, 1 sought permission, to oontinw,,e the taskof updating the Zoning Code Afler a short discussion,, the board ajuaed the discussion, to tonight. The lowing is a list proposed zoning codes that A], Roberts, 1, aNi. toil a ,, Bob Gray and,. l ars sooi permissio7 to viog- 1. 'Signage . Coli Towers . Repealing, 1 . Solar P xiol , Arrays &Windl,,Turbines . Paxking eakuhations Chapter 217. Su divisions . There .a be other items that need to be updated. and we scrutinizethe code. Once w 11avo completed our review, w ii apprise the board in a detailed rnemo of tchanges totng, code that: we are recommending. 2. Motion To: Get permission to review the code for pootential updates and report as necessary. 0 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz Dutchess County Hazard Mitigation Plan (Gutzler) Highway Superintendent Vincent Bettina spoke about Dams. He attended a seminar at New Paltz College where he learned that the town has to notify people who have private dams that they need to be inspected. He promised to send the board some information on it. Councilwoman Czarnecki asked who keeps the records that the dams have been inspected. Superintendent Bettina said that it is the obligation of the dam owner to contact DEC and put them on notice. DEC takes no responsibility if they are not aware of them. He added, "...once they are given to them from their prospective as they were told by DEC and Pm just putting it out Town of Wappinger Page 4 Printed 912112015 Regular Meeting Minutes September 14, 2015 there so I know about it, because if the dam were to go and it wasn't inspected then it would be an issue." Councilman Beale said, "He did not know of any private dams here". Superintendent Bettina said, "There is a dam at Lake Oniad." Councilman Beale said that, "that dam would be rated as either a low or moderate dam." Councilman Beale said that the county maintains files on all the dams, the state DEC does all the inspections. The one that they pay most attention to is the village of Wappingers Falls dam which is a significant risk to downstream damage if it ever were to fail. He said he will look into the Lake Oniad dam. Superintendent Bettina pointed out another dam on St. Nicholas Road and New Hackensack Road. Supervisor Gutzler addressed areas to priortize with regard to the mitigation plan. The items on the list are attached. The board agreed to give priority to items 2 and 4 of the attached document. The folio-%ving is a Nast of pR)posed mitigation to be inc ittded in the Town Of Wap er Mmard Nfitigatian plan... 1. Rglace almpr:° xitn ately 4,000 k't, of s�tforni drain in the center ttmediaa. sjf' Wildo�� (m d Drive, estfiw-ited cost comma-lrleted_) 2, Priwivide new 48°" ctilvert a.raassirig UUd, l)mrtehess t'`"tivltl) Rail °drail that datmms Lip water and floods properties, along Smith Crossing Read, estimated eamst S500K) , Provide ,s -vale through eaase mrewlt otm lmetinell'a amd ,lalarl property feom culvert mrraotQr l o ote 9 for culvert ttridLT ' mttht v m. Road. Replaee* unda;rsized culvert that CrtmSSCS 8rxaithtomwrt Roamd that cuiwrit;l.y a„auses flooding in the road, estitrmated cost of tirlW 4. R mmirertmt,Ipave roads (Estirtiatcd m.ost oto$5NI to catch, Lip oripavingwofk amra:d shaphig rr,mad.s, A)r a, pjuoapiiate, drainage,') 4. Dutchess County Sheriff Sargent Begor rose to speak about amending the town patrol and addressing the towns many needs. He suggested having 2 dedicated officers. Four PM to midnight is the high time. The other need is daylight hours 8 AM to 4 PM for speeders and neighborhood issues. Councilman Kuzmicz added that there are issues with Vandalism at night at the different parks. Sargent Begor said that there is a spike at the midnight hour and then it quiets down. He added that we will have 2 dedicated deputies that are working for the town without the need to train them equip them, supervise them, address immediate needs, insurance them, etc... The county is large enough to be self-insured. Supervisor Gutzler asked if there would be other additional costs to the $90,000 increase. Sargent Begor explained the breakdown of coverage. He emphasized that you will get 2 dedicated police officers for this. It is an increase but we're getting 2 and 1/2 times the coverage that we're getting now. Councilwoman Czarnecki asked if there were any additional equipment that would be needed. The town owns 2 patrol vehicles it would be up to the town to decide whether they would continue using the vehicles. They would draw up a contract between the county and the town. The town would be funding 2 additional positions. This falls under the shared services part of the program. If the town chose to not use our vehicle then "the county creates like a mileage amount that would go onto your bill." Superintendent Bettina said that his mechanic takes care of those vehicles. Councilman Ciccarelli asked the percentage of the statistics that are real criminal activity... Sargent Beagor promised to get back to him with the answer. Councilman Kuzmicz asked if the statistics are combined with the State Police's statistics. The Sargent said no. Councilman Beale said that his thoughts were to take our successful model and make it more consistent. He felt that having 80 hours of deputy service Town of Wappinger Page 5 Printed 912112015 Regular Meeting Minutes September 14, 2015 5. available for the week is valuable for the town and falls under the county grant program. He suggested to budget for it and to begin applying for a subsidy from the county. He suggested that consistency of police personnel has value added with respect to the known issues throughout the town. He then asked for the off hours on a 7 day work week. Sargent Begor suggested Sunday is a quiet day and that they would have to give two consecutive days off. He leaned toward an overlap of deputies over the weekend. He suggests Sunday and Monday off for the midnight spot, and Friday and Saturday off for the daytime spot. Supervisor Gutzler asked Deputy Supervisor Ciccarelli to work on this during budget time. There is no estimate on what the town would get from the grant program. Councilman Beale added that he prefer using the town vehicles with the Wappinger logo on the car. The Sargent added that the county already included in their budget 2 additional vehicle to be included in the town of Wappinger. Curry Road/Old Route 9 intersection (Beale) Councilman Beale asked the highway superintendent and engineer to take a look at the Curry Road/Old Route 9 North intersection and come up with recommendations on sight distance such to not block line of sight. Superintendent said that 160 feet to the east there is no parking at all going up the right side. He added that they should unload in there own premises. Councilman Beale said he did not think it possible to unload in their lot. 6. Motion To: Town Hall window replacement: purchase, installation (Gutzler) Engineer Gray met with a supplier and got a quote for $22,000 for all the windows to be replaced by Anderson windows. He added that it cost the town $70,000 including materials and labor. If interested must get bids to do the work. A motion was offered to have the Engineer and Superintendent of Buildings and Grounds to prepare specs and protocols and then make decision to go out to bid. Engineer Gray added that the roof project costs are under estimates and could be applied to windows and would be done next year. RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: William Ciccarelli, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz VII. Resolutions RESOLUTION: 2015-182 Resolution Authorizing Transfer Of Funds For Highway Department Vehicle Repairs WHEREAS, the funds budgeted for the repair of vehicles in the Highway Department has been depleted; and WHEREAS, it is anticipated that additional vehicle repairs will be needed throughout the remainder of this calendar year and, therefore, it will be necessary for additional funds to be transferred into the account for the repair of Highway Department vehicles. Town of Wappinger Page 6 Printed 912112015 Regular Meeting Minutes September 14, 2015 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the following budget line transfers: Amount From Line To Line $5,000.00 DB 1990.400 DB5130.400 Highway Vehicle Contingency Repairs The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-182 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter ....... Q .. ........ ❑ .. ........ ❑ .. .. ........... ❑ ❑ Defeated William Ciccarelli„ ...... Seconder ................. Q ....... ...... ❑ ....... ❑ ❑ ❑ Tabled Will,H. Beale ................. Voter............. Q .... ....... ❑ ......,...... ❑ .... ..... ❑ ... ❑ Withdrawn Ismay Czarniecki Mover Q ❑ ..... .........❑ ...... ❑ ....., Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-183 Resolution Authorizing Rental Of Highway Equipment WHEREAS, pursuant to New York State Highway Law § 143, the Town Superintendent of Highways may rent or hire machinery or equipment at a rate to be approved by the Town Board; and WHEREAS, the Town Superintendent of Highways, Vincent F. Bettina, has negotiated jointly with the Superintendent of Highways from the Town of LaGrange whereby each municipality will be renting a 3 yard front loader for a period of 4 months and, because of the joint negotiation, the municipalities were able to obtain a more favorable rental rate from Westchester Tractor, Inc. located at 60 International Blvd., Brewster, NY 10509; and WHEREAS, the rental rate for a period of 4 months is $16,000.00, payable $4,000.00 per month, commencing with December 1, 2015; and WHEREAS, the Town Board hereby approves the rental of such 3 yard loader from Westchester Tractor, Inc. from the period of December 1, 2015 through March 31, 2016; and WHEREAS, the Town Highway Department will arrange for the pick-up of the loader and have same delivered to the Highway Department; and WHEREAS, the Town will pay for the cost of insuring the vehicle during the term of the rental. 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 Superintendent of Highways, Vincent F. Bettina, to rent a 3 yard front loader, model DL250-3, Doosan, serial 4 CWLAW-010157, or Town of Wappinger Page 7 Printed 912112015 Regular Meeting Minutes September 14, 2015 equivalent, from Westchester Tractor, Inc. at the total cost of $16,000.00 for said 4 month period. 3. The Town Superintendent of Highways is hereby authorized to rent the above- described 3 yard front loader from Westchester Tractor, Inc. in accordance with the attached quotation and information sheet, copies of which is affixed hereto. The Highway Department will cause the pick-up and delivery of the loader to the Highway Department and the Town will provide the necessary insurance coverage. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-183 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler „Voter Q ❑ ❑ ❑ ❑Defeated Willicc am Ci arelli Mr ove .... Q ....I .. ......... ❑ ....... .... ❑ ....... ..................... ❑ ❑ Tabled William H. Beale ..................... .... Voter.. . ..... Q ............. ❑ ... .... ❑ ............ ❑ ... ❑ Withdrawn Ismay Czarniecki Voter El 0. o" o" ., Michael Kuzmicz Seconder Q o o ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-184 Resolution Authorizing Appropriation Of Highway Fund Balance To Increase 2015 Highway Department Salt Budget WHEREAS, the Highway Superintendent, Vincent F. Bettina, has advised the Town Board that he has been advised that the State Contract for road salt will increase by 26%; and WHEREAS, Highway Superintendent Bettina, notified all the Town Board Members of this pending substantial increase in the price of road salt and recommended that he be authorized to purchase the remaining allocation of salt available to the Town of Wappinger pursuant to this year's Contract allotment; and WHEREAS, the Town Board Members all confirmed by email that it was in the best interest of the Town to purchase as much road salt as would be available under this year's Contract allotment; and WHEREAS, pursuant to this year's Contract allotment, the Town is authorized to purchase an additional 3,493 tons of road salt at the price of $63.77 per ton; and WHEREAS, Highway Superintendent Bettina, pursuant to this year's Contract requirements, was required to order the salt no later than August 31, 2015; and WHEREAS, on August 31, 2015, Highway Superintendent Bettina ordered 3,493 tons of salt at the price of $63.77 per ton; and WHEREAS, the salt budget line currently has $53,490.00 available; and WHEREAS, in order to take advantage of ordering salt at a significantly reduced cost, it will be necessary to increase the salt budget line by $169,259.00 to cover the purchase of 3,493 tons of salt at $63.77 per ton with a total cost of $222,748.61. 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. Town of Wappinger Page 8 Printed 912112015 Regular Meeting Minutes September 14, 2015 2. The Town Board hereby ratifies and re -confirms the authority given to Highway Superintendent Bettina to purchase road salt, pursuant to State Contract, for the maximum amount remaining under this year's Contract allotment and hereby ratifies, re -confirms and authorizes Highway Superintendent Bettina to order said road salt retroactive to August 31, 2015. The Town Board hereby authorizes the following budget line transfers: Amount From Line To Line $169,259.00 DB0915 D135142.400 Highway Salt Fund Fund Balance Balance The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-184 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended l. Votera . ❑Defeated .B...b..Gt ....William Ciccareli ......... .....................,... Voter ..QQ .......................................................................❑.. ❑❑ o❑ 0 ........ ❑ Tabled William H. Beale ................. Voter ............ Q .... ❑ ......,...... ❑ .... ❑ ... ❑ Withdrawn Ismay Czarniecki Seconder Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-185 Resolution Accepting Petition And Map, Plan & Report For Extension Of The United Wappinger Water District On Behalf Of The Ridges At Old Hopewell Estates Subdivision WHEREAS, LMD Property Holdings, LLC (the "Applicant") and Irma and Ronald Farfaro (the "Owners") submitted applications to the Town of Wappinger Planning Board for subdivision of lands known as The Ridges at Old Hopewell Estates Subdivision; and WHEREAS, the Town of Wappinger Planning Board granted subdivision approval by adopting a Resolution of Preliminary and Final Subdivision Plat Approvals on July 6, 2015; and WHEREAS, pursuant to paragraph 6.m. of the Resolution of Approval adopted by the Town of Wappinger Planning Board on July 6, 2015, the Applicant is required to Petition the Town Board for an extension of the United Wappinger Water District; and WHEREAS, Morris Associates Engineering Consultants, PLLC, has prepared a Map, Plan and Report last dated October 23, 2014, entitled "Map, Plan and Report for United Wappinger Water District Extension to The Ridges at Old Hopewell Estates 383 Old Hopewell Road, a copy of which is attached to the Petition. 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. Town of Wappinger Page 9 Printed 912112015 Regular Meeting Minutes September 14, 2015 2. The Town Board determines that the acceptance of the Petition and accompanying Map, Plan and Report qualifies as an engineering study and is a Type II action pursuant to 6 NYCRR 617.5(c)(18). 3. The Town Board hereby accepts the Petition for the Extension of the United Wappinger Sewer District submitted by Irma K. Farfaro and Ronald William Farfaro as Owners and David Stenger, Managing Member of LMD Property Holdings, LLC as Applicant and determines that the Petition satisfies the criteria of Town Law § 191 in that it is signed by all of the owners of taxable real property situate in the proposed extension. 4. The Town Board hereby accepts the Map, Plan and Report for United Wappinger Water District Extension to The Ridges at Old Hopewell Estates 383 Old Hopewell Road prepared by Morris Associates Engineering Consultants, PLLC, last dated October 23, 2014, a copy of which is affixed to the Petition. 5. The Town Board hereby directs the Town Clerk to file in his office the Petition with annexed Map, Plan and Report for the proposed UWWD Extension in accordance with the provisions of Article 12 of the Town Law. 6. The Town Board hereby directs the Engineer to the Town and the Attorney to the Town to provide the Petition and Map, Plan and Report to any other agencies for purposes of receiving the necessary approvals for UWWD Extension. The Town Board directs that the Town Clerk forward a certified copy of this Resolution together with a copy of the Petition with exhibits, including the Map, Plan and Report above mentioned, to Orrick, Herrington & Sutcliffe, LLP, to prepare the necessary proceedings, findings and public interest order necessary to extend the United Wappinger Water District in accordance with the subject Petition, the attached Map, Plan and Report and Article 12 of the Town Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-185 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as AmendedBarbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William Ciccarelli „ „Seconder Q ❑ ❑ ❑ ❑ Tabled William H. Beale .................... Voter ....,.........Q Q ...... ❑ ❑ ...... ❑ .... ❑ Withdrawn Isma Czarniecki Y .. Voter ❑........,........❑ ....... ❑ Michael Kuzmicz Mer ov Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-186 Resolution Accepting Petition And Map, Plan & Report For Extension Of The United Wappinger Sewer District On Behalf Of The Ridges At Old Hopewell Estates Subdivision WHEREAS, LMD Property Holdings, LLC (the "Applicant") and Irma and Ronald Farfaro (the "Owners") submitted applications to the Town of Wappinger Planning Board for subdivision of lands known as The Ridges at Old Hopewell Estates Subdivision; and WHEREAS, the Town of Wappinger Planning Board granted subdivision approval by adopting a Resolution of Preliminary and Final Subdivision Plat Approvals on July 6, 2015; and Town of Wappinger Page 10 Printed 912112015 Regular Meeting Minutes September 14, 2015 WHEREAS, pursuant to paragraph 6.m. of the Resolution of Approval adopted by the Town of Wappinger Planning Board on July 6, 2015, the Applicant is required to Petition the Town Board for an extension of the United Wappinger Sewer District; and WHEREAS, Morris Associates Engineering Consultants, PLLC, has prepared a Map, Plan and Report last dated October 23, 2014, entitled "Map, Plan and Report for United Wappinger Sewer District Extension to The Ridges at Old Hopewell Estates 383 Old Hopewell Road, a copy of which is attached to the Petition. 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 determines that the acceptance of the Petition and accompanying Map, Plan and Report qualifies as an engineering study and is a Type II action pursuant to 6 NYCRR 617.5(c)(18). 3. The Town Board hereby accepts the Petition for the Extension of the United Wappinger Sewer District submitted by Irma K. Farfaro and Ronald William Farfaro as Owners and David Stenger, Managing Member of LMD Property Holdings LLC as Applicant and determines that the Petition satisfies the criteria of Town Law § 191 in that it is signed by all of the owners of taxable real property situate in the proposed extension. 4. The Town Board hereby accepts the Map, Plan and Report for United Wappinger Sewer District Extension to The Ridges at Old Hopewell Estates 383 Old Hopewell Road prepared by Morris Associates Engineering Consultants, PLLC, last dated October 23, 2014, a copy of which is affixed to the Petition. 5. The Town Board hereby directs the Town Clerk to file in his office the Petition with annexed Map, Plan and Report for the proposed UWSD Extension in accordance with the provisions of Article 12 of the Town Law. 6. The Town Board hereby directs the Engineer to the Town and the Attorney to the Town to provide the Petition and Map, Plan and Report to any other agencies for purposes of receiving the necessary approvals for UWSD Extension. The Town Board directs that the Town Clerk forward a certified copy of this Resolution together with a copy of the Petition with exhibits, including the Map, Plan and Report above mentioned, to Orrick, Herrington & Sutcliffe, LLP, to prepare the necessary proceedings, findings and public interest order necessary to extend the United Wappinger Sewer District in accordance with the subject Petition, the attached Map, Plan and Report and Article 12 of the Town Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-186 No/Nay„ Absent Q Adopted „Yes/Aye„ „Abstain ❑ Adopted as Amended Barbara Gutzler Voter Q ......... ❑ .. .. ........ ❑ .. .. ........... ❑ ❑ Defeated William Ciccarelli„ Voter Q .................. ❑ .... .. ❑ .................. ❑ ❑ Tabled William H. Beale ....................oter V ..................... Q ❑ 0 ❑ ... ❑ Withdrawn Ismay Czarniecki Seconder Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-187 Town of Wappinger Page 11 Printed 912112015 Regular Meeting Minutes September 14, 2015 Resolution Authorizing Attorney To Town To Procure Easements And Any Other Required Documents For The Connection Of Ten Homes In The Chelsea Hamlet Area To The New Town Water System WHEREAS, by Resolution 2015-159, the Town Board approved Amendment No. 2 to the "Agreement Between the City of New York and the Town of Wappinger, New York, for Construction of a Water Supply and Distribution System", hereinafter "Amendment No. 2"; and WHEREAS, Amendment No. 2 authorized the Town of Wappinger to connect ten (10) homes to the water supply system constructed by the Town with funds supplied by NYC DEP; and WHEREAS, the registration of Amendment No. 2, as required by New York City Charter is imminent; and WHEREAS, the attorney for NYC DEP and the Town have agreed on the format of documentation to be sent to the property owners, specifically the instruction letter to be forwarded by the Town Supervisor, the Grant of Temporary Construction Easement to be signed by property owner and Town Supervisor, Consent, Waiver and Authorization to be signed by property owner and formal General Release to be signed by property owner, copies of which are collectively attached as Exhibit "1". NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board Members acknowledge that they have read and approved the form of documentation to be sent to the ten (10) homeowners (referenced in Amendment No. 2) which will be connected to the water distribution system located in the streets in front of their homes. 3. The Town Board hereby authorizes the Supervisor to sign the instruction letter and authorizes the Attorney to the Town and the Engineer to the Town to procure the Grant of Temporary Construction Easement, Consent, Waiver and Authorization and the General Release in the same format as contained in Exhibit "1". The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-187 No/Nay„ Abstain„ Absent Q Adopted „Yes/Aye„ ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ DefeatedWilliam Ciccarelli ............................ Mover .................. Q ....... ....I.... ❑ ....... ... I.... ❑ ....... ..................... ❑ ❑ Tabled William H. Beale ................. ....... ..Voter . Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder ..............Q........,........❑..... Q o o ❑ MichaelKuzmicz Voter ❑........,.......❑..... Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-188 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Hansen Associates And Elizabeth Battistoni And Dale Saul Town of Wappinger Page 12 Printed 912112015 Regular Meeting Minutes September 14, 2015 WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceedings commenced in 2012, 2013 and 2014 by Hansen Associates and Elizabeth Battistoni and Dale Saul regarding vacant real property located at Lois Lane Grid 46256-01- 020831, Lois Lane Grid 46265-01-041873, Smithtown Road Grid 46256-01-136878, Lois Lane Grid 46256-01-075916 and Old Route 9 Grid 46156-02-898635 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 as follows: Petitioner Parcel Grid No. Original Total Assessment Revised Total Assessment Reduction Hansen Associates 6256-01-020831 $154,900 $135,000 $ 19,900 Hansen Associates 6265-01-041873 $147,700 $105,000 $ 42,700 Hansen Associates 6256-01-136878 $144,500 $ 85,000 $ 59,500 Hansen Associates 6256-01-075916 $155,900 $140,000 $ 15,900 Hansen Associates 6156-02-898635 $272,100 $100,000 $172,100 and be it further 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 as follows: Petitioner Parcel Grid No.Original Total AssessmentRevise d Total Assessment Reduction Hansen Associates 6256-01-020831 $140,400 $135,000 $ 5,400 Hansen Associates 6265-01-041873 $132,700 $105,000 $27,700 Hansen Associates 6256-01-136878 $130,100 $ 85,000 $45,100 Hansen Associates 6256-01-075916 $147,100 $140,000 $71,000 Hansen Associates 6156-02-898635 $181,200 $100,000 $81,200 and be it further 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 follows: Petitioner Parcel Grid No.Original Total Town of Wappinger Page 13 Printed 912112015 Regular Meeting Minutes September 14, 2015 AssessmentRevise d Total Assessment Reduction Original Total Assessment Reduction in Assessment Final Assessment 2013 Dale Saul 6256-01-020831 $140,400 $135,000 $ 5,400 Dale Saul 6265-01-041873 $132,700 $105,000 $27,700 Dale Saul 6256-01-136878 $130,100 $ 85,000 $45,100 Dale Saul 6256-01-075916 $147,100 $140,000 $ 7,100 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: ✓ Vote Record - Resolution RES -2015-188 Original Total Assessment Reduction in Assessment Final Assessment 2013 1 $925,000 -0- $925,000 Yes/Aye Absent Q Adopted „ „No/Nay „Abstain„ ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William Ciccarelli .................. Seconder ... Q .... ... ❑ .. ... ❑ .... ... .. ❑ ❑ Tabled William H. Beale ..................... Voter... . ..... Q ............. ❑ ... .... ❑ ............ ❑ ... ❑ Withdrawn Ismay Czarniecki Voter El 0. 0. 0. .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-189 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Leemilts Petroleum C/O Global Montello Group Corp WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013 and 2014 by Leemilts Petroleum c/o Global Montello Group Corp, regarding real property located at 1499 Route 9, Grid No. 6157-02-578955 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.: 6157-02-578955 Tax Year Original Total Assessment Reduction in Assessment Final Assessment 2013 1 $925,000 -0- $925,000 Town of Wappinger Page 14 Printed 912112015 Regular Meeting Minutes September 14, 2015 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 -2015-189 A (General Town wide) B (General Part Town) DB (Highway Fund) T92 (Escrows) Central Hudson Yes/Aye No/Nay Abstain Absent Q Adopted Mozy Inc 1,098.70 ❑ Adopted as Amended Barbara Gutzler Voter ....... Q .. ........ ❑ .. ........ ❑ .. .. ........... ❑ ❑ Defeated 24.72 William Ceccarelli„ Voter ............ Q .................. ❑ ............ ❑ ................ ❑ ....... ❑ Tabled William H. Beale Mover Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder Q ❑ ❑ . ❑ N&S Supply Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. VIII. Town Board Review of Vouchers RESOLUTION: 2015-190 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - QQ 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-QQ Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) T92 (Escrows) Central Hudson 106.10 Mozy Inc 1,098.70 Central Hudson 24.72 Camo 638.60 Camo 585.00 N&S Supply 68.50 NYCOMCO 64.00 1,496.00 Town of Wappinger Page 15 Printed 912112015 Regular Meeting Minutes September 14, 2015 NYCOMCO 98.00 NYS Dept of Environ.Cons 330.00 Lawrence Paggi Poughkeepsie Journal 272.16 Royal Carting 17 550.00 Southern Dut News 45.40 Home Depot 5.56 Home Depot 7.10 Home Depot 20.50 Zep Sales 285.90 Sedore & Co. 2,540.00 S&S Worldwide 218.60 S&S Worldwide 975.43 H.O. Penn 999.30 Chambers Tractor 57.18 Sun Up Enterprises Adams Power Equip 59.13 Thalle Ind 1,950.64 Celia Sigalow 50.00 Hillman Signs 46.50 PERMA Workers Comp 22,798.04 10,528.34 165,792.01 North River Abs 600.00 Town Clerk Mirabito Energy Prod 2,154.38 Wells Fargo 327.56 Wells Fargo 349.24 WB Mason 101.96 WB Mason 137.96 John Kudzia 115.49 Big Top Porta Johns 75.00 Big Top Porta Johns 110.00 593.75 Town of Wappinger Page 16 Printed 912112015 Regular Meeting Minutes September 14, 2015 Big Top Porta Johns Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater ITC Phone System Delta Dental Dutchess Propring Joe Johnson Equip Iseman Iseman Iseman Iseman Ami Services Ami Services AMI Services East National Water LLC Totals 55.00 290.25 1,381.94 140.00 1,435.00 87.50 7,800.00 1,491.00 395.00 750.00 400.00 292.75 12.48 920.57 725.00 25.00 475.00 250.00 1,225.00 516.95 $61,092.41 I $13,339.60 I $173,702.48 I $3,810.70 Vendor T96 Road HMR WU (United HSR Inspection (Water Meter Wapp Water (Roberts Replacement) Fund Road Sewr Pump St) Central Hudson Mozy Inc Central Hudson Camo Camo N&S Supply NYCOMCO NYCOMCO Town of Wappinger Page 17 Printed 912112015 Regular Meeting Minutes September 14, 2015 NYS Dept of Environ.Cons Lawrence Paggi Poughkeepsie Journal Royal Carting Southern Dut News Home Depot Home Depot Home Depot Zep Sales Sedore & Co. S&S Worldwide S&S Worldwide H.O. Penn Chambers Tractor Sun Up Enterprises Adams Power Equip Thalle Ind Celia Sigalow Hillman Signs PERMA Workers Comp North River Abs Town Clerk Mirabito Energy Prod Wells Fargo Wells Fargo WB Mason WB Mason John Kudzia Big Top Porta Johns Big Top Porta Johns Big Top Porta Johns Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater ITC Phone System Delta Dental Dutchess Propring Joe Johnson Equip Iseman Iseman Iseman Iseman Ami Services Ami Services AMI Services East National Water LLC Totals Vendor 725.00 134,863.84 $725.00 $134,863.84 SF SM Fleetwood (Mid Point 8,532.26 1,071.61 $1,071.61 $8,532.26 SW SU (Wildwood (United Town of Wappinger Page 18 Printed 912112015 Regular Meeting Minutes September 14, 2015 Central Hudson Mozy Inc Central Hudson Camo Camo N&S Supply NYCOMCO NYCOMCO NYS Dept of Environ.Cons Lawrence Paggi Poughkeepsie Journal Royal Carting Southern Dut News Home Depot Home Depot Home Depot Zep Sales Sedore & Co. S&S Worldwide S&S Worldwide H.O. Penn Chambers Tractor Sun Up Enterprises Adams Power Equip Thalle Ind Celia Sigalow Hillman Signs PERMA Workers Comp North River Abs Town Clerk Mirabito Energy Prod Wells Fargo Wells Fargo WB Mason WB Mason John Kudzia Big Top Porta Johns Big Top Porta Johns Big Top Porta Johns Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater ITC Phone System Delta Dental Dutchess Propring Joe Johnson Equip Iseman Iseman Iseman Iseman Ami Services (Sewer fund) Park Sewer Sewer fund) Wapp. fund) Sewer fund) 425.00 425.00 425.00 Town of Wappinger Page 19 Printed 912112015 Regular Meeting Ami Services AMI Services East National Water LLC Totals Vendor Central Hudson Mozy Inc Central Hudson Camo Camo N&S Supply NYCOMCO NYCOMCO NYS Dept of Environ.Cons Lawrence Paggi Poughkeepsie Journal Royal Carting Southern Dut News Home Depot Home Depot Home Depot Zep Sales Sedore & Co. S&S Worldwide S&S Worldwide H.O. Penn Chambers Tractor Sun Up Enterprises Adams Power Equip Thalle Ind Celia Sigalow Hillman Signs PERMA Workers Comp North River Abs Town Clerk Mirabito Energy Prod Wells Fargo Wells Fargo WB Mason WB Mason John Kudzia Big Top Porta Johns Big Top Porta Johns Big Top Porta Johns Minutes $425.00 $425.00 $425.00 Town Board 106.10 1,098.70 24.72 638.60 585.00 68.50 1,560.00 98.00 1,605.00 593.75 272.16 17,550.00 45.40 5.56 7.10 20.50 285.90 2,540.00 218.60 975.43 999.30 57.18 8,532.26 59.13 1,950.64 50.00 46.50 200,190.00 600.00 50.00 2,154.38 327.56 349.24 101.96 137.96 115.49 75.00 110.00 55.00 ■:1:75 September 14, 2015 $50.00 $398,462.90 Town of Wappinger Page 20 Printed 912112015 Regular Meeting Minutes September 14, 2015 Stormwater 750.00 Stormwater 400.00 Stormwater 725.00 Stormwater 725.00 No/Nay Stormwater 25.00 Q Adopted Stormwater 475.00 Stormwater Stormwater ❑ Adopted as Amended ITC Phone System 290.25 Q Delta Dental ❑ ❑ ❑Defeated 1,674.69 William Ciccarelli Dutchess Propring 12.48 ❑ Joe Johnson Equip 920.57 ❑ Tabled Iseman 140.00 Seconder . ............. Iseman ❑ ... .... .... ❑ ............ ..... ❑ ... ..... .. 1,435.00 Iseman 87.50 Q Iseman ❑ ............. ❑ ,,...., Ami Services Michael Kuzmicz Mover 7,800.00 ❑ Ami Services ❑ 1,491.00 AMI Services 395.00 East National Water LLC 134,863.84 Totals $396,470.95 $1 $398,462.90 250.00 1,225.00 516.95 .95 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 September 14, 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 -2015-190 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑Defeated William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Tabled William H. Beale ..................... ........................... Seconder . ............. ..... ..... Q ............. ❑ ... .... .... ❑ ............ ..... ❑ ... ..... .. ❑ Withdrawn Ism ay Czarniecki Voter Q ❑ ❑ ............. ❑ ,,...., Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-191 Town of Wappinger Page 21 Printed 912112015 Regular Meeting Minutes September 14, 2015 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - RR 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 -RR Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) HWF (Filtration Systems of Hilltop & Atlas) Camo 120.00 Central Hudson 1,856.65 Central Hudson 37.07 Scott Volkman Esq 1,855.00 Montfort Brothers 20.10 Dept of Civil Ser H/I Prem 5,244.74 3,629.05 7,469.62 Platts Locksmith 135.00 Home Depot 47.32 Home Depot 20.85 Mid Hud Fasteners 288.75 Thomson Reuter West 200.00 Graham Foster H/I Reim 119.40 Coffee Systems 64.64 Caroline DiCocco 141.75 Thalle Ind 2,112.70 Celia Sigalow 25.00 Dutchess Metal Supply 55.00 Justice Court Fund 20,894.50 Town of Wappinger Page 22 Printed 912112015 Regular Meeting Minutes September 14, 2015 Mirabito Energy Fishkill Plains Garage Atlas Star Com of Finance Supplies DeCar Fence Mid Hud Concrete Monm's Home Improve Inkhead T -Shirts N E Greenscapes Inc Interstate Refridge Recov W.B. Mason Ribbons Galore Amazon Embroid Me Hopewell Auto Parts Iseman (MD Bill Brunello) W. M. Schultz Construc Patterson Med Supply 141.83 92.27 1W111l11 240.00 1,043.00 64.99 121.23 23.86 1,200.00 21.00 400.00 291.50 162.97 1,308.81 21.00 163.18 55,387.35 111.65 Totals 1 $33,644.10 1 $4,616.17 1 $11,439.16 1 $55,507.35 Vendor T33 Town Board Hold (Parkland Trust Fund) Camo 120.00 Central Hudson 1,856.65 Central Hudson 37.07 Scott Volkman Esq 1,855.00 Montfort Brothers Town of Wappinger Page 23 Printed 912112015 Regular Meeting Minutes September 14, 2015 Dept of Civil Ser H/I Prem Platts Locksmith Home Depot Home Depot Mid Hud Fasteners Thomson Reuter West Graham Foster H/I Reim Coffee Systems Caroline DiCocco Thalle Ind Celia Sigalow Dutchess Metal Supply Justice Court Fund Mirabito Energy Fishkill Plains Garage Atlas Star Com of Finance Supplies DeCar Fence 3,100.00 Mid Hud Concrete Monm's Home Improve Inkhead T -Shirts N E Greenscapes Inc Interstate Refridge Recov W.B. Mason Ribbons Galore Amazon Embroid Me Hopewell Auto Parts Iseman (MD Bill Brunello) 20.10 16,343.41 135.00 47.32 20.85 288.75 200.00 119.40 64.64 141.75 2,112.70 25.00 55.00 20,894.50 1,308.81 42.00 141.83 92.27 3,100.00 75.00 400.00 291.50 240.00 1,043.00 64.99 121.23 163.18 162.97 23.86 1,200.00 Town of Wappinger Page 24 Printed 912112015 Regular Meeting Minutes September 14, 2015 W. M. Schultz Construc 55,387.35 Patterson Med Supply 111.65 Totals 1 $3,100.00 1 $108,306.78 1 $0.00 $108,306.78 $108,306.78 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 September 14, 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 -2015-191 A (General Town wide) B (General Part Town) DB (Highway Fund) T96 (Road Inspection Central Hudson 320.81 Yes/Aye No/Nay Abstain Absent Q Adopted Central Hudson 418.03 Williamson Law 284.06 ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑Defeated William Ceccarelli Voter Q ❑ ❑ ❑ ❑ Tabled William H. Beale ..................... Seconder ..... Q ......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay Czarniecki Voter Q ❑ ❑ ❑ ., Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-192 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board -SS 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 -SS Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) T96 (Road Inspection Central Hudson 320.81 Central Hudson 39.78 Central Hudson 418.03 Williamson Law 284.06 Books DC Sheriff 14,246.50 MVP Health Ins 20,277.84 3,533.26 21,814.04 MVP Gold Health Ins 2,931.90 296.50 Town of Wappinger Page 25 Printed 912112015 Regular Meeting Minutes September 14, 2015 Al Roberts 5,040.00 Al Roberts Al Roberts 12,617.50 560.00 1,750.00 Al Roberts Al Roberts 674.77 Al Roberts 111.00 Al Roberts Al Roberts Al Roberts 140.00 Al Roberts Al Roberts Al Roberts Al Roberts Hudson River Truck 105.95 Adam's Power Equip 9.88 Kurt Adler 766.47 PVE Sheffler LLC 480.00 Wells Fargo 272.43 272.42 Chase Visa Card 59.94 Chase Visa Card 38.97 W.B. Mason 4.49 Partytime Rental 728.00 R. Costa Electric 512.30 Allstate Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc 4,837.14 1,784.11 3,582.95 23.80 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Amazon 180.96 Jill Montross 308.21 Reimburse Inter City Tire 110.00 Jessica Fulton 185.07 JK Power Equip 95.07 John Weber 150.00 Totals $43,768.07 $28,127.77 $27,644.51 $23.80 Vendor T33 (Parkland HSR (Roberts WU (United HAS (Aeration Trust) Rd Pump) Wapp Water System project) Fund Central Hudson Central Hudson Central Hudson Town of Wappinger Page 26 Printed 912112015 Regular Meeting Minutes September 14, 2015 Williamson Law Books DC Sheriff MVP Health Ins MVP Gold Health Ins Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Hudson River Truck Adam's Power Equip Kurt Adler PVE Sheffler LLC Wells Fargo Chase Visa Card Chase Visa Card W.B. Mason Partytime Rental R. Costa Electric Allstate Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Amazon Jill Montross Reimburse Inter City Tire Jessica Fulton JK Power Equip John Weber Totals Vendor Central Hudson Central Hudson Central Hudson Williamson Law Books DC Sheriff 70.00 735.00 232.00 870.00 166.60 1,829.96 $870.00 $166.60 $2,796.96 $70.00 HMR HTR (Town HWN T92 (Water Meter Hall Roof (Wapp Water (Planning/Zoning Replacement) Repair) Main- Escrows) NYCDEP) Town of Wappinger Page 27 Printed 912112015 Regular Meeting Minutes September 14, 2015 MVP Health Ins HWF T14 MVP Gold Health Ins (Filtration Al Roberts (United Al Roberts Wapp. Al Roberts Hilltop & Atlas) Al Roberts Al Roberts fund) Central Hudson Central Hudson Central Hudson Williamson Law Books Al Roberts Al Roberts 2,063.19 Al Roberts 175.00 Al Roberts 2,537.50 Al Roberts 52.50 Al Roberts 35.00 Al Roberts 140.00 Al Roberts 52.50 Hudson River Truck Adam's Power Equip Kurt Adler PVE Sheffler LLC Wells Fargo Chase Visa Card Chase Visa Card W.B. Mason Partytime Rental R. Costa Electric Allstate Morris Assoc 5,261.70 Morris Assoc 881.50 Morris Assoc 286.00 Morris Assoc 6,769.65 Morris Assoc 4,440.00 2,537.00 Morris Assoc 1,071.90 Morris Assoc 500.50 Morris Assoc 202.50 Morris Assoc 715.00 Morris Assoc 119.00 Amazon Jill Montross Reimburse Inter City Tire Jessica Fulton JK Power Equip John Weber Totals $6,769.65 $4,440.00 $7,499.89 $9,130.90 Vendor HWF T14 SU (Filtration (Allstate) (United Systems of Wapp. Hilltop & Atlas) Sewer fund) Central Hudson Central Hudson Central Hudson Williamson Law Books Town of Wappinger Page 28 Printed 912112015 Regular Meeting Minutes September 14, 2015 DC Sheriff MVP Health Ins MVP Gold Health Ins Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Hudson River Truck Adam's Power Equip Kurt Adler PVE Sheffler LLC Wells Fargo Chase Visa Card Chase Visa Card W.B. Mason Partytime Rental R. Costa Electric Allstate Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Amazon Jill Montross Reimburse Inter City Tire Jessica Fulton JK Power Equip John Weber Totals Town of Wappinger 70.00 10,728.50 $10,798.50 905.32 227.50 2,377.44 $905.32 $2,604.94 $145,616.91 Page 29 Printed 912112015 Regular Meeting Minutes September 14, 2015 Vendor Town Board Hold Central Hudson 320.81 Central Hudson 39.78 Central Hudson 418.03 Williamson Law 284.06 Books DC Sheriff 14,246.50 MVP Health Ins 45,625.14 MVP Gold Health Ins 3,228.40 Al Roberts 5,040.00 Al Roberts 297.50 Al Roberts 14,927.50 Al Roberts 805.00 Al Roberts 674.77 Al Roberts 111.00 Al Roberts 2,063.19 Al Roberts 175.00 Al Roberts 2,677.50 Al Roberts 52.50 Al Roberts 35.00 Al Roberts 140.00 Al Roberts 52.50 Hudson River Truck 105.95 Adam's Power Equip 9.88 Kurt Adler 766.47 PVE Sheffler LLC 480.00 Wells Fargo 544.85 Chase Visa Card 59.94 Chase Visa Card 38.97 W.B. Mason 4.49 Partytime Rental 728.00 R. Costa Electric 512.30 Allstate 905.32 Morris Assoc 5,261.70 Morris Assoc 881.50 Morris Assoc 286.00 Morris Assoc 17,730.15 Morris Assoc 22,449.00 Morris Assoc 1,071.90 Morris Assoc 500.50 Morris Assoc 202.50 Morris Assoc 715.00 Morris Assoc 119.00 Amazon 180.96 Jill Montross 308.21 Reimburse Inter City Tire 110.00 Jessica Fulton 185.07 JK Power Equip 95.07 John Weber 150.00 Totals $142,728.01 $2,888.90 $145,616.91 Town of Wappinger Page 30 Printed 912112015 Regular Meeting Minutes September 14, 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 September 14, 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 -2015-192 A (General Town wide) AM (Ambulance Fund) B (General Part Town) DB (Highway Fund) Camo 25.00 Absent Q Adopted Camo „Yes/Aye„ „No/Nay „Abstain„ 25.00 ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑Defeated 25.00 William Ceccarelli Voter .... Q ....... ......... ❑ ....... .... ❑ ....... ...................., ❑ ❑ Tabled William H. Beale ..................... .... .. Seconder ..... Q ......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay Czarniecki Voter El 0. 0. 0. ., Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-193 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - TT 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 -TT Vendor A (General Town wide) AM (Ambulance Fund) B (General Part Town) DB (Highway Fund) Camo 25.00 Camo 25.00 Camo 25.00 Camo Central Hudson 80.55 Central Hudson 123.60 Central Hudson 286.99 Central Hudson Town of Wappinger Page 31 Printed 912112015 Regular Meeting Minutes September 14, 2015 91.71 94.15 30.32 26.18 348.00 3,342.50 50.65 1,710.00 1,225.00 75.50 75.50 155.48 162.08 2,443.75 2,299.41 77.70 302.66 3,249.84 Town of Wappinger Page 32 Printed 912112015 35.04 Central Hudson 3,713.19 Poughkeepsie Journal Southern Dut News Home Depot 70.22 Home Depot 38.55 Home Depot 16.27 Home Depot Home Depot Signal Graphics 222.92 James Baisley Bottini Fuel 1,069.94 Thomson West Law 412.00 Thomson West Law Al Roberts Expanded Supply Prod Expanded Supply Prod Expanded Supply Prod First Unim Life Ins 192.47 Coffee Systems 62.05 NYS GFOA Fredrick 190.00 Chemung Supply Chemung Supply Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Thalle Ind Thalle Ind CSEA H/W Opt.Dental Dept of Water Supply 61.28 Celia Sigalow 91.71 94.15 30.32 26.18 348.00 3,342.50 50.65 1,710.00 1,225.00 75.50 75.50 155.48 162.08 2,443.75 2,299.41 77.70 302.66 3,249.84 Town of Wappinger Page 32 Printed 912112015 Regular Meeting Minutes September 14, 2015 32,916.66 58.15 10.32 596.04 38.97 256.85 117.00 234.12 1,412.30 Town of Wappinger Page 33 Printed 912112015 140.00 Superior Signs 1,560.00 Kearns Electric 179.18 Williams Lumber Williams Lumber 45.30 Hillman Signs Tilcon Staples 35.06 Staples 20.88 Staples 7.68 Staples 36.08 Staples 11.55 Staples Staples 156.54 Staples Mirabito Energy Fishkill Plains Garage Vanguard (T. H. Roof) Optimum Cablevision 59.90 Optimum Cablevision 164.80 Aflac Transcare Poland Spring 129.22 CDW-G 65.81 Big Top Porta Johns 55.00 Big Top Porta Johns 494.00 Big Top Porta Johns 350.00 Cornerstone 851.12 Crown Trophy 221.45 32,916.66 58.15 10.32 596.04 38.97 256.85 117.00 234.12 1,412.30 Town of Wappinger Page 33 Printed 912112015 Regular Meeting Minutes September 14, 2015 Amazon 41.47 Fleetpride 1,275.85 Hannaford 18.39 National Paint Ind 220.80 CB Merrill Office Prod 299.90 J Fulton Petty Cash 68.83 Iseman 262.50 Iseman Iseman 1,417.50 Iseman 140.00 Iseman 87.50 Verizon 31.90 Adam's Power Equip 223.47 Lew Hulse 800.00 Stumps Party 37.30 BJ's Wholesale 54.06 C&N Amusements 4,150.00 Totals $18,474.99 $32,916.66 $6,396.99 $13,975.31 Vendor Camo Camo Camo Camo Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Journal Southern Dut News Home Depot Home Depot Home Depot Home Depot HWF (Filtration Systems of Hilltop & Atlas) 4,741.75 T16 (Aflac) HTR T92 (Town Hall (Escrows) Roof Repair) Town of Wappinger Page 34 Printed 912112015 Regular Meeting Minutes September 14, 2015 Home Depot Signal Graphics James Baisley Bottini Fuel Thomson West Law Thomson West Law Al Roberts Expanded Supply Prod Expanded Supply Prod Expanded Supply Prod First Unim Life Ins Coffee Systems NYS GFOA Fredrick Chemung Supply Chemung Supply Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Thalle Ind Thalle Ind CSEA H/W Opt.Dental Dept of Water Supply Celia Sigalow Superior Signs Kearns Electric Williams Lumber Williams Lumber Hillman Signs Tilcon Staples Staples Staples Staples Staples Staples Staples Staples Mirabito Energy Fishkill Plains Garage Vanguard (T. H. Roof) Optimum Cablevision Optimum Cablevision Aflac Transcare Poland Spring 165.90 88,315.40 8,967.00 476.00 Town of Wappinger Page 35 Printed 912112015 Regular Meeting Minutes September 14, 2015 CDW-G Big Top Porta Johns Big Top Porta Johns Big Top Porta Johns Cornerstone Crown Trophy Amazon Fleetpride Hannaford National Paint Ind CB Merrill Office Prod J Fulton Petty Cash Iseman Iseman Iseman Iseman Iseman Verizon Adam's Power Equip Lew Hulse Stumps Party BJ's Wholesale C&N Amusements Totals Vendor Camo Camo Camo Camo Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Journal Southern Dut News Home Depot Home Depot Home Depot Home Depot Home Depot $4,741.75 $165.90 Town Board I Hold 25.00 25.00 25.00 4,741.75 80.55 123.60 286.99 35.04 3,713.19 91.71 94.15 70.22 38.55 16.27 30.32 2,957.26 $88,315.40 $12,468.26 $177,455.26 Town of Wappinger Page 36 Printed 912112015 Regular Meeting Minutes September 14, 2015 476.00 68.00 Town of Wappinger Page 37 Printed 912112015 26.18 Signal Graphics 222.92 James Baisley 1,225.00 Bottini Fuel 1,069.94 Thomson West Law 412.00 Thomson West Law 348.00 Al Roberts 3,342.50 Expanded Supply Prod 75.50 Expanded Supply Prod 75.50 Expanded Supply Prod 155.48 First Unim Life Ins 405.20 Coffee Systems 62.05 NYS GFOA Fredrick 190.00 Chemung Supply 2,443.75 Chemung Supply 2,299.41 Frederick Clark Assoc 1,710.00 Frederick Clark Assoc 8,967.00 Frederick Clark Assoc Frederick Clark Assoc Thalle Ind 77.70 Thalle Ind 302.66 CSEA H/W Opt.Dental 3,249.84 Dept of Water Supply 61.28 Celia Sigalow 140.00 Superior Signs 1,560.00 Kearns Electric 179.18 Williams Lumber 256.85 Williams Lumber 45.30 Hillman Signs 117.00 Tilcon 234.12 476.00 68.00 Town of Wappinger Page 37 Printed 912112015 Regular Meeting Minutes September 14, 2015 Staples 35.06 Staples 20.88 Staples Staples 36.08 Staples 11.55 Staples 58.15 Staples 156.54 Staples 10.32 Mirabito Energy 1,412.30 Fishkill Plains Garage 596.04 Vanguard (T. H. Roof) 88,315.40 Optimum Cablevision 59.90 Optimum Cablevision 164.80 Aflac 165.90 Transcare 32,916.66 Poland Spring 129.22 CDW-G 65.81 Big Top Porta Johns 55.00 Big Top Porta Johns 494.00 Big Top Porta Johns 350.00 Cornerstone 890.09 Crown Trophy 221.45 Amazon 41.47 Fleetpride 1,275.85 Hannaford 18.39 National Paint Ind 220.80 CB Merrill Office Prod 299.90 J Fulton Petty Cash 68.83 Iseman 262.50 Iseman Iseman 7.68 2,957.26 Town of Wappinger Page 38 Printed 912112015 Regular Meeting Minutes September 14, 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 September 14, 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 -2015-193 1,417.50 Iseman 140.00 Iseman Yes/Aye No/Nay Abstain 87.50 Q Adopted Verizon ,,,, 31.90 Adam's Power Equip ❑ Adopted as Amended Barbara Gutzler ............. 223.47 Q Lew Hulse ❑ ❑ ❑Defeated 800.00 William Ciccarelli ................... care..................... Stumps Party Q ❑ o 37.30 ❑ Tabled BJ's Wholesale William H. Beale Seconder ..,.... Q 54.06 ❑ C&N Amusements ❑ Withdrawn Ismay Czarnecki 4,150.00 Q Totals $173,954.00 $3,501.26 $177,455.26 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 September 14, 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 -2015-193 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Barbara Gutzler ............. Voter Q ❑ ❑ ❑ ❑Defeated William Ciccarelli ................... care..................... Voter ,... Voter .................................................................................... Q ❑ o 0 ❑ Tabled William H. Beale Seconder ..,.... Q ❑ ............... ❑ ❑ ... ❑ Withdrawn Ismay Czarnecki Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. IX. Items for Special Consideration/New Business 1. Motion To: Move the September 28th town board meeting to Tuesday September 29th Councilwoman Czarnecki asked to represent the town at the Dutchess County Shared Services Summit. Supervisor Gutzler suggested to move the September 28th town board meeting to Tuesday September 29th so that all town board members can attend the meeting. Councilman Beale motioned. Councilman Beale asked to put a discussion on the September 29th meeting to discuss shared services. Town of Wappinger Page 39 Printed 912112015 Regular Meeting Minutes September 14, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Ciccarelli, Beale, Czarniecki, Kuzmicz RESOLUTION: 2015-195 Resolution Authorizing Payments For Sgt. Mark C. Palmateer 9/11 Memorial Park WHEREAS, the Sergeant Mark C. Palmateer 9/11 Memorial Park, honoring all those who lost their lives on September 11, 2001 and the days following, including Sergeant Palmateer, is located on the corner of Old Hopewell Road and Old Route 9 North in the Town of Wappinger; WHEREAS, a committee has been active in fundraising through events and donations; WHEREAS, the funds raised are maintained by the Town of Wappinger in a T-84 account; NOW, THEREFORE BE IT RESOLVED that the following payments be made from funds raised for the Sgt. Mark C. Palmateer 9/11 Memorial Park funds located in Account T-84 "Sgt. Mark C. Palmateer Memorial Fund" : LEHIGH LANDSCAPING 10 Sprout Creek Ct., Wappingers Falls, NY 12590 $21,978.00 T.R. WELDING & FABRICATION, LLC 4 Commerce Ct., Suite 2 Wappingers Falls, NY 12590 $2,760.33 PAVER ETCHINGS, LTD. P.O. Box 582, Hopewell Junction, NY 12533 $1,915.00 MATTHEWS INTERNATIONAL 1315 West Liberty Ave., Pittsburgh, PA 15226 $5,368.50 GRANITE INDUSTRIES OF VERMONT P.O. Box 537, Barre, VT 05641 $1820.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-195 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William Ciccarelli ... .. Voter „ .......... ...... Q ....... ......... ❑ ....... ........ ❑ ....... ..... ❑ ❑ Tabled Beale ,William H. Beale ................ Mover. Q ......,...... ❑ ......,...... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay Czarniecki Voter ..,........ Q ............. ❑ ................ ❑ ................ ❑ ........ Michael Kuzmicz Seconder Q o o ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-196 Resolution ChangResolution Changing Name Of Old Route 9 North To Sergeant Town of Wappinger Page 40 Printed 912112015 Regular Meeting Minutes September 14, 2015 Palmateer Way WHEREAS, Sergeant Mark C. Palmateer, originally from the hamlet of Hughsonville in the Town of Wappinger, was the first resident of Dutchess County to be killed in the War on Terror; WHEREAS, the Sergeant Mark C. Palmateer 9/11 Memorial Park, honoring all those who lost their lives on September 11, 2001 and the days following, including Sergeant Palmateer, is located on the corner of Old Hopewell Road and Old Route 9 North in the Town of Wappinger; WHEREAS, in honor of Sergeant Mark C. Palmateer's supreme sacrifice in defense of the United States of America, the renaming of an existing town roadway in his honor is deemed appropriate; WHEREAS, Jim Tompkins, Program Assistant for the Dutchess County 911 Addressing Unit, has investigated this proposed road name and found no conflicts; NOW, THEREFORE BE IT RESOLVED that Old Route 9 North, from its intersection with Old Hopewell Road (County Route 28) northwardly to Middlebush Rd. (County Route 93), and northwardly to the Village of Wappingers Falls municipal boundary, shall be renamed SERGEANT PALMATEER WAY; FURTHER RESOLVED that following the approval of the Village of Wappingers Falls Board of Trustees, the entire length of Old Route 9 North from the Village of Wappingers Falls municipal boundary to its intersection with New York State Route 9 will be renamed SERGEANT PALMATEER WAY; FURTHER RESOLVED that standardized street signs will be erected at each major intersection reading SGT PALMATEER WAY; The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-196 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑Defeated William Crcca..... .. ............ ...................... Voter Q ❑ ...................................... ❑ ❑ ❑ Tabled William H. Beale ................. Mover. Q .......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay Czarniecki Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-197 Property Tax Resolution WHEREAS, some senior citizens, many of whom are now retired and living on fixed incomes, are increasingly finding it difficult to pay their town property taxes; and Town of Wappinger Page 41 Printed 912112015 Regular Meeting Minutes September 14, 2015 WHEREAS, the text of Section 925-b states: "Notwithstanding any contrary provisions of this chapter, or any general, special or local law, code or charter, the governing body of a municipal corporation other than a county may, by resolution adopted prior to the levy of any town taxes on real property located within such municipal corporation, authorize an extension of no more than five business days for the payment of taxes without interest or penalty to any resident of such municipal corporation who has received an exemption pursuant to subdivision four of section four hundred twenty five or four hundred sixty seven of the chapter related to a principal residence located within such municipal corporation. If such an extension is granted, and any taxes are not paid by the final date provided, those taxes shall be subject to the same interest and penalties that would have applied if no extension had been granted." and; WHEREAS, for senior citizens - having an enhanced STAR exemption, or executive under Section 467, RPTL - Section 925-b authorizes the Town Board to adopt a resolution prior to levy of town taxes granting and extension to such senior citizens of not more than five business days, to pay their town taxes without interest on their principal residence. If the taxes are not paid by the last date of extension, all interest and penalties apply. Now, therefore be it; RESOLVED, that the Wappinger Town Board hereby authorizes the Town's Receiver of Taxes to accept past -due town property tax payments up to five days late without interest or penalty from seniors having enhanced STAR exemptions. Otherwise, all interest and penalties apply. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-197 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as AmendedBarbara Gutzler .,.William Voter .... Q ❑ ..❑ ..... ❑ ❑ ......... ❑ Defeated Ciccarelli .................. .................. .. Mover ............... ...... Q.............. ....... ......... ....... .... ...... ❑................ ....... ................ ❑... ❑ Tabled William H. Beale ................. .... Voter............. . Q .... ❑ ......,...... ❑ .... ❑ ... ❑ Withdrawn Ismay Czarniecki Voter Q ❑❑ .......... ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑......... Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. 5. Highway Superintendent Request for Trucks and Equipment Highway Superintendent Bettina explained that he had only $11,900 in account DB1994.100 or highway contingency. He added that there is $762,401. He wanted to know how the town would pay for $791,296 worth of equipment that he needed. He needs 3 heavy trucks, a water truck, a roller, and a small dump truck. He said, "If EMT is going to put out fires and people are going to go to work, I can't do it with the trucks and equipment I have." He explained that he saved the town money by buying salt at $63 dollars, and now it's up to $89 and these other towns are scrambling. He added that, "We rented machinery and saved $200,000 on a loader, we're doing it for $16,000. We re -screened the sand on the roads, so I don't have to spend $50,000 on that by spending $7,000." He insisted that he needs this equipment. Supervisor Gutzler asked for the fiscal impact of this. Superintendent Bettina replied that it's the Accountant's job to analyze the bonding based on the needs of the equipment that is needed. Attorney Roberts Town of Wappinger Page 42 Printed 912112015 Regular Meeting Minutes September 14, 2015 suggested that bond council fees must also be included. Supervisor Gutzler estimated that the town was looking at a $1.3 million capital expenditure including all costs with an annual payment of over $65,000 per year and requested an additional 2 weeks to look at this. Councilwoman asked for a timeline for equipment delivery. Superintendent Bettina said approximately 3 months. He then pointed out that he sent a letter a month ago and former Highway Superintendent requested equipment in January of 2015. Councilman Beale said that they need to take a look at the monies spent two or three years ago on capital equipment versus our needs today. He also expressed concern that the debt service on this would exceed the tax cap. Councilwoman said that she agreed that the town must do this but questioned how it could be done. Superintendent Bettina said that the roller is broken, the loader is gone and he will rent one for four months to get us through. He added he cannot pump water to wash off the salt. Councilman Kuzmicz said that in two weeks the board will have more information to see what they can do. 6. Motion To: Declare Trailer Suprlus to be Auctioned Steve Frazier from Buildings and Grounds informed that the aerators at Applesauce pond has been installed. He added that the service window at the building department is close to being finished with a lock system. He mentioned a 1987 trailer that was unserviceable and asked to declare is as surplus. A motioned followed to declare the trailer as surplus and to be auctioned. Steve Frazier provided the following information. The 1987 Model 8ST trailer is from Interstate Trailers, Incorporated; with a Vehicle Identification Number (VIN) 1JKOOS209HA040076. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz 7. Other Items Steve Frazier addressed the quotes for the asphalt installation and handicap access at Martz field to complete the portion that was damaged from construction. He said one quote came in from Avello Brothers at $3,850, and another quote was $7,104. He recommended going with the Avello Brothers which he proposed paying for out of the parkland trust. The Avello Brother's quote was the only one submitted to the Town Clerk. Town of Wappinger Page 43 Printed 912112015 Regular Meeting Au ust 1 , 20l , Minutes September 14, 2015 ve9.to Brothers Contractors Inn. 0 F ult Street Poughkeepsie, NY l 01, 845-454-3650 Tows of W ppin r — Recreation Dept... 0 Middlebush Road Wappingers Falls, NY 12590 Attention. Steve Frazieu. Regarding: Martz Field — as per field inspection Estirnate to Plerfot a the Followin& 1. Saw Cut Area, to be Repaved :. Renro.o' 'e Existing Asphalt andSub-Base to, a. Depth of 3" 3. Haul and Place "' Top Coarse Asphalt (compacted °thickness) in () L, ye . PRICE: S 3,850.00 *Paces are based on the current cost of liquid asphalt and are subject to chang .. Avello, Brotbers Unilractors, Inc.,. William. J". Avello President Steve Frazier addressed the Schlathaus Park stage LDL beam. He suggested replacing what is under there with an engineered beam the size of the stage. Councilman Kuzmicz asked for an update on an issue at the prior meeting. He asked, "Attorney to the town, Mr. Roberts, I believe that you were looking into the investigation of the little league that we had originally discussed. Is there any update on that?" Attorney Roberts said, "No there isn't, I still haven't gotten the information from the little league as of today." Councilman Kuzmicz asked if there was anyone from little league here. Peter McGowan from 14 Hamilton road addressed the board as the president of Wappingers Little League asking for a status update on the investigation. He added that it is a conflict of interest being that the town attorney works closely with the Town Supervisor and the Town Clerk. He added he would like an independent unbiased opinion. Attorney Roberts responded saying that he had asked for information from Town of Wappinger Page 44 Printed 912112015 Regular Meeting Minutes September 14, 2015 little league and got a text as late as tonight assuring him that the memorandum would be coming. He added, "I have nothing to investigate until I know what the exact charges are or what the complaints are. That was coming from little league and little league has yet to deliver this information." He added that he hasn't been able to conclude the investigation until he gets more information. Councilman Beale said that any other discussion regarding this investigation should be done outside of the open forum. X. Executive Session - Legal Advice 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz 2. Motion To: Return from Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz RESOLUTION: 2015-194 Resolution Authorizing Litigation Against Mt. View Realty, LLC WHEREAS, the various parcels located on Smith Crossing Road in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel numbers 6359-01-050625, 119522, 134683 and 182562, currently owned by Mt. View Realty, LLC, are currently in violation of the Town of Wappinger Zoning Code, the Town of Wappinger Property Maintenance Code and the New York State Uniform Code; and WHEREAS, the Town of Wappinger Justice Court is without jurisdiction to issue a mandatory injunction to cure said violations so it is necessary to commence legal proceedings in the Supreme Court, Dutchess County, New York, to seek equitable relief to enjoin the continuing violations. 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. For the reasons discussed and disclosed in executive session this evening, the Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, and any member of his firm, Stenger, Roberts, Davis & Diamond, LLP, to bring appropriate legal proceedings in Supreme Court, Dutchess County, New York, to enjoin John Ostuni and Mt. View Realty, LLC, for continued and repeated violations of the Town of Wappinger Zoning Code, the Town of Town of Wappinger Page 45 Printed 912112015 Regular Meeting Minutes September 14, 2015 Wappinger Property Maintenance Code, the New York State Uniform Code and any other applicable violations of the Town of Wappinger Code. Supervisor Barbara A. Gutzler is hereby authorized to execute on behalf of the Town of Wappinger any documents necessary for the commencement of such legal proceedings. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-194 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑Defeated William Ceccarelli Voter Q ❑ ❑ ❑ ❑ Tabled William H. Beale ..................... Seconder ..... Q ......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay Czarnecki Voter El 0. o" o" ., Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2015 The Resolution is hereby duly declared Adopted. XI. Further Discussion after Executive Session 1. Motion To: Form a Committe to discuss the future use of remaining DEP funds Form a committee explore remaining DEP funds with Councilman Beale as the chair and Councilman Ciccarelli as the co-chair. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz 2. Chain of command for Responding to the Town Alarm Councilman Ciccarelli addressed the chain of command to respond to the town hall alarm. Councilman Beale said that the alarm company has the list and it should be updated with the current employees and officials. Supervisor Gutzler said she will have Inez ensure that our list conforms with the alarm company's list. XII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:35 PM. Joseph P. Paoloni Town Clerk Town of Wappinger Page 46 Printed 912112015 Regular Meeting Minutes September 14, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz Town of Wappinger Page 47 Printed 912112015 4.1.a Packet Pg. 48 IE LO LO LO LO LO m LO LO LO LO LO LO LO LO wr ca o r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 O N N N N N N N N N N N N N N � d' d' �' 'd' �F �f' �t d• d" � �C d' �t ct r r r r r r r r r r r r r r c rn rn rn rn rn rn rn rn rn rn rn rn rn rn d tm Q LO LO r _ r N N O -E C E E A M C� E O 0 Lo r ci LO Q LO Lo O ¢ U C o C C O N O � O m O N C N >'' ._ U m � U o = U to CL Q c O o Cn O a) Q O i O C _ O to OV U� E O O C O U N L o.L E O C- N a) C O C= N E -M a) Uo CD ry ` C U U- o c U N N 0) U— -� Q) L o L U %of(n a) C > a) N a) E Q O ® as _ E � T N fn N -� >, >,.� sz 2 Co NO%FA I•I- C t C CL � `m c n E LO 10c m*�a- ndN N2! ®U-) Ln LO Lf) L() LO LO LO LO Ln LO LO LO LO V 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r O r O r O r O r O r O �1 N N N N N N N Q N Q, N -N N - N N N N OCC) CO 00 N i� ti r N 00 N rrrrr M M M M Op O N\" M Q f- m 00 m 000 0 0 0 0 0 0 O ® LO LO LO Ln LO In LO LO LO LO LO LO LO LO d rr O O r O r O r O r O r O r O r O r O r O r O r O r O N N N N N N N N N N N N N N t6 r I� r I� ti N 0 It M r It LSA M M O M O O M p♦V� V ti r-000 ti 0w0 00 0 0w0 W 0\O 0w0 to () a) U L a] E cn a) ® O) _U Q O .U) C M (6 T E 0-� c a) a� o o U C a) U- Z U C o to rn > c E o c a) cn c Lv L n w= Cu Y a) 4 p m O c O U Q E � If Q Y ® aoi C w cn 2- ami a) u- ♦♦ a)FIC-- = (u U) m n.�>om a) �i 'E '� "-' a) U co 0 " c6 - Co O a) n3 cv c`o o ,E >- a) C 0 F- 00 !^1 LL CD (7 0 (D 0 (7 CD (7 (n (� (0 . m LL 0 0 L 0 L 0 L 0 L 0 m L O o a O o to to to N to to O 0 M m m m L m m LLU11�— ��UQ UQ UQ UQ U Qa) F-- U) v/ v' VJ vJQ U) L d r N CO d- LO M I'- CO M o r N M,;t M O O O o 0 0 0 O O r r r r r E 0 1 _ 1 0 0 1 0 1 0 I 0 1 0 I 0 I 0 1 0 - I 0 I 0 1 0 1 0 - 1 Z r 1 r 1 r 1 r 1 r 1 r 1 r 1 r t r I r 1 r 1 r 1 r I r 1 61 C 7 a7 d) d) 6) 67 0 0 0 0 0 0 6) 0 0 0 Dc 0 0 0 0 0 0 0 0 0 4.1.a Packet Pg. 48 IE AL(_ BRINGING YOUR MONEY FULL CIRCLE ANI MANAGEMENT GROUP, INC. (Q015IM /iy- 00/ 15 Ives Road, Hewlett, NY 11557' Tel. 516.569.7250 * Fax 516.569.7317 www.anir-ollect.com email: ani@anicollect.com Return Receipt # 7015 0640 0007 9373 4710 Ironshore Indemnity cto Surety Management Company, LLC. 12890 Lebanon Road Mt. Juliet, TN 37122 Attn: Christopher M. Parrish July 31, 2015 RE: Principal: Spar Construction Co., Inc. f/k/a Bibeau Construction Co., Inc. Project: Chelsea Wate'rmain Extension, Contract # 13-006 Bond No: SUR 50000154 Claimant: United Rentals (North America), Inc. Obligee: Town of Wappinger Amount: $10,257.72 Dear Mr. Parrish: Please be advised that we are making a formal demand for payment, on Bond No. SUR 50000154, for equipment furnished to your above referenced principal., on the above referenced project, on behalf of the above mentioned Claimant. If you have any questions please contact the undersigned. Your cooperation and expeditious handling of this matter is greatly appreciated. AUG 0 6 2015 TOWN OF WAPPINGEI,- rrwfm DR/mac cc via certified mall :;Spar . in I:h Town of Wappinger truly you United Rentals Packet Pg. 49 2 MARCUS J. MOLINARO COUNTY EXECUTIVE CxVlS/o/ /I4 —00a TIMOTHY E. MAHLER COMMISSIONER CHRISTOPHER G. BARCLAY DIRECTOR COUNTY OF DUTCHESS DEPARTMENT OF CENTRAL AND INFORMATION SERVICES DIVISION OF CENTRAL SERVICES MEMORANDUM Memo to: Various Municipalities, Fire Districts, School Districts and Agencies From: Ellie Theohary, Contract Specialist Date: July 29, 2015 Subject: #2 Fuel Heating Oil The current #2 Fuel Oil Bid, RFB-DCP-47-12, is expiring on August 31, 2015, with no extensions remaining. Dutchess County has opted to purchase #2 Fuel Oil from the NYS Contract #PC66716 (Group 05500, Award #22779) for their heating season requirements. The contract period for this NYS contract will end on November 20, 2016. The contract information can be accessed on the following site: htta://ogs.ny.eov/purchase/ If you have any questions, you may reach me at mtheoharya,dutchessnygov or 845-486-3613. AUG 0 6 2015 "OWN QP WAPPINGEF 'rni .A.Fm ro l pr'" 27 High Street, Poughkeepsie, New York 12601 - (845) 486-3670 • Fax (845) 486-3659 www.dutchessnV•.gov Packet Pg. 50 TOWN JUSTICE HEATHER L. KITCHEN August 11, 2015 OO 4.1.a TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6070 • (845) 297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Gutzler and Members of the Town Board Town Hall 20 Middlebush Rd. Wappingers Falls, NY 12590 Dear Supervisor Gutzler and Members of the Town Board: TOWN JUSTICE CARL S. WOLFSON The following cases were disposed of while I presided over the Justice Court during the month of July 2015: 317 Vehicle & Traffic law matters resulting in $30,638.00 collected in fines and fees. 21 Penal Law matters resulting in $735.00 collected in fines and fees. 20 Civil matters resulting in $191.00 collected in fees. 5 Town Ordinance matter resulting in $125.00 collected in fines. 16 Termination of Suspension matters resulting in $1,330.00 collected in fees. 2 Bail poundage matters resulting in $330.00 collected in fees. 3 Executive Law matter resulting in $150.00 collected in fees. I have forwarded a check in the amount of $33,499.00 to the Town of Wappinger on August 3, 2015. Additi Illy I am holding $11,490.00 in pending bail. Res e subm Heather L. Kitchen Town Justice cc: Joseph Paoloni, Town Clerk ofC AUG 12 2015 TOWN OF WAPPINGEF' Packet Pg. 51 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 CLERICAL ASSISTANT Michelle Gale - Ext 123 cq_ois 10q /14 , 004 ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-1373 Fax (845) 297-0579 To: Joseph Paoloni, Town Clerk From: Barbara Roberti, Zoning Administrator r- Re: Schedule of Performance & Maintenance Bonds fo �V August 2015 ( i� �7 2015 July 17, 2015 AUG 1 LN OF WAPPINGER PERFORMANCE BONDS O® NN CLERK SUBDIVISION (Sub.) SECURED SUPERVISOR Barbara A. Gutzlei TOWN BOARD William H. Beale William Ciccarell: Ismay Czarniecki Michael Kuzmicz SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS SRH Realty Subdivision L/C $ 94,800.00 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 6/15/16 8/15/16 -reduction #39B SBGG1368 accepted by TB 10-27-14 Hilltop Village - Toll Land V Surety Bond $377, 800.00 No expiration date -reduction ( Sidewalks, Street Trees & Lighting) #SU1133194 accepted by TB 06-08-15 Maloney Heights Subdivision Bond $384,000.00 9/10/16 11/19/16 -accepted by TB (Attalah & Joseph Nesheiwat) #775180S 2/25/08 -Bond in effect until released by Town. I Packet Pg. 52 4.1.a Nature Preserve Townhouses Bond $20,000.00 6/15/15 8/15/15-Bond/Tennis Court Aug. Nature Preserve Townhouses L/C $122,244.00 6/15/15 9/17/15 -Req'd improvemen #430212 -Accepted by TB 0 Sept. 22, 2014 United Cerebral Palsy Subdivision L/C $41,600.00 7/15/15 9/28/15 -Accepted by TB on #20004849 10-24-11. MAINTENANCE BONDS G IF Silver Fog Estates Subdivision L/C $ 85,623.75 6/1/2016 8/14/2016 -Accepted by TB Mid Hudson Holdings, LLC # on July 14, 2014 JOU 0 SITE PLAN RESTORATION BONDS 0 00 Calvary Chapel of the H.V. Cash Deposit $ 41,600.00 ****** -Accepted by TB on February 24, 2014. Released upon COuj Resolution Approval w/ signed maps Hilltop Village — Toll Bros. Cash Deposit $157,360.00 * * * * * * * -Accepted by TB on (Toll Land V, Limited Partnership) May 28; 2013. Prestige Mini Cash Deposit $4,640.00 ******* -Accepted by TB on Izi March 24, 2014. Released upon Resolution Approval 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 Town Board Albert P. Roberts, Esq. Robert Gray Vincent Bettina File 2 Packet Pg. 53 TOWN JUSTICE �a HEATHER L. KITCHEN August 17, 2015 �0/6/oq)14-W� TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 • (845)297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Gutzler and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Re: Carl S. Wolfson, Town Justice Report for the month of July, 2015: Dear Supervisor Gutzler and Members of the Town Board; TOWN JUSTICE CARL S. WOLFSON The following is a report of the cases disposed of during the month of July, 2015; 13 Penal Law matters resulting in no monies collected in fines and fees. 209 Vehicle and Traffic Law matters resulting in $20,095.00 collected in fines and fees. 10 Civil matters resulting in $92.00 collected in fees. 1 Town Ordinance matters resulting in$25.00 collected in fines. 25 Termination of Suspension fees resulting in $1,765.00 collected. 1 NYCRR matter resulting in no money collected. 1 Bail Forfeitures resulting in $100.00 collected. 1 Bail Poundage resulting in $6.00 collected. I have forwarded a check in the amount of $22,083.00 to the Town of Wappinger Comptroller. Additionally, I am holding $24,742.50 in pending bail. ct y sub it,to, o Carl'S. Wolfson, Town Justice AUG 17 2015 osephPaoloni, Town Clerk TOWN OF WAPPINGEP. TOWN CLERK -I Packet Pg. 54 ZONING ADMMSTRATOR Barbara Roberti - Ext. 128 PLANNING BOARD & ZONINGBOARD OF APPEALS SECRETARY Bea Ogunti — Ext 122 CODE ENFORCEMENT OFFICER Salvatore Morello III — Ext 142 Susan Dao - Ext 122 aO/5/0(? 1114 _ 00(, o SUPERVISOR Barbara A. Gutzle: TOWN BOARI William H. Beale William Ciccarell Ismay Czarniecki Michael Kuzmicz FIRE INSPECTOR ZONING DEPARTMENT Mark Liebermann - Ext 127 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 CLERICAL ASSISTANT (845) 297-1373 �Lp� Michelle Gale - Ext 123 Fax (845) 297-0579 AUG 21 2015 MEMORANDUM TOWN OF WAPPINGEP TOIAMI O p Date: August 21, 2015 From: Barbara Roberti — Zoning Administrator To: Town Board Fredrick Awino Subject: Property Maintenance Costs July 2015 27 Degarmo Hills Road - 6258-02-744727 7 Gold Road - 6258-04-830424 50 Fenmore Drive 18 Gerhard Ct. 18 Pippin Lane 25 Pippin Lane - 6258-03-387083 - 6359-04-868078 - 6258-04-580153 - 6258-04-549192 The above properties were slated for enforcement of the Property Maintenance Code, Chapter 185 in July 2015. The six properties had an abstract search done for a total cost of $648.72, at $108.12 per property. Only three properties were still outstanding with high grass when the public hearing notice was published for a cost of $78.35. The cost of mailing certified/return receipt notices to those three properties was $19.44. At the Town Board public hearing held on July 13, 2015, only 7 Gold Road was still in violation. New England Greenscapes, LLC cut down and mowed 7 Gold Road at a cost of $240.00. Packet Pg. 55 Total cost for this property maintenance enforcement month totaled $986.51. I'm not sure who is responsible to have the costs the town incurred added to the property tax roll, but below is a breakdown by address and Tax Grid number. 18 Pippin Lane 25 Pippin Lane 18 Gerhard Ct. - 6258-04-580153 -6258-04-549192 - 6359-04-868078 27 Degarmo Hills Road - 6258-02-744727 50 Fenmore Drive - 6258-03-387083 - $108.12 Abstract - $108.12 Abstract - $108.12 Abstract - $108.12 Abstract - $6.48 Post Office - $ 26.12 Pok. Journal - $140.72 Total - $108.12 Abstract - $6.48 Post Office - $ 26.12 Pok. Journal - $140.72 Total 7 Gold Road - 6258-04-830424 - $108.12 Abstract - $6.48 Post Office - $ 26.12 Pok. Journal - $240.00 NE Greenscape — Mowing - $380.72 Total 4.1.a Packet Pg. 56 JoIS10114 - o9� 11T4PPINGER GREENWAY COMMITTEE 0 Middlebush Road, Wappinger Falls, N.Y.12 Joseph Ennesser Wappinger Greenway Chn 8 Mohawk Dr. Wappinger Falls, N.Y. 12590. August 26, 2015 Barbara Guzzler Supervisor Town of Wappingers 20 Middlebush Rd. Wappinger Falls, N.Y.12590- Subject: 2016 budget request Dear Supervisor;. As Chairman of the Wappinger Greenway Trail Committee I am asking for budget support for the upcoming year 2016.On behalf of the trail committee, I am requesting $500 dollars to cover the cost of chainsaw service, replacement chains, and miscellaneous hand tool and safety equipment upgrades. I am also requesting at this time, that the town provide a line item of $1500 to cover the annual trail wardenstipendrsince the town is the lead agency: Thanks in advance for your support and if there are any concerns or questions please don't hesitate to contact me. Sincerely J. n1ser Wap 'ngerGreenway Comm.. 45-297-7026, Cc: Town Board Members R. J. Holt Chr. Recreation comm. J. Paoloni Wappinger Town Clerk U --J Lt AUG 2 8 2015 'OWN OF WAPPINGEr- Packet Pg. 57 September 28th 5:30 — ;00 p Poughkeepsie Grand Hotel Share, collaborate, save... Join Dutchess County Executive Marc Molinaro & local elected officials for the second annual Shared Services Summit. ➢Hear from experts on the restructuring local government & shared services YLearn more about County/local collaboration opportunities YBrainstorm ideas on how better to share and save in a round table discussion See what munici=al projects are awarded 2015-16 Municipal Consolidation & Shared Se -:vices Grant Program funds To register on-line visit: dutehessny.goo/sharedservicesforum or call our Central Services division at 486-3670 (Please register no later than September 21 so the County can best prepare for the summit and providE the Poughkeepsie Grand with attendee counts for the food service) sDutchess County Office of Central and Information Services Division of Central Services Dutchess County Shared Services Forum September 28, 2014 5:30 - 9:00 pm Poughkeepsie Grand Hotel shared services@dutchessny.gov 845-486-3670 Marcus J. Molinaro County Executive Timothy E. Mahler Commissioner of DCIS Christopher G. Barclay Director, Division of Central Services Shared Services Coordinator w.wv✓.dutch essny.gov osT -ss IMAIL neap r ME,2`2 3 CLQ Q �I �"_ ��ae� G . ur r, a —*mCi" ?i:` 126 C," RECEIVED AUG 2 6 2015 SUPERVISOR OFFI( Barbara Gutzler Town Of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 LrIlLEV� L�� V ISL_ AUG 3 12015 TOWN OF WAPPINGE` -t-r)1fi I I!! r Fi._i.IFi.....".'.Fi.i..F...___i..i.._.;iii.7;:... i.i.t I'lii' r°'°JW-1t Packet Pg. 58 Barbara Gutzler Town Supervisor - Town of Wappinger 20 Middlebush Rd Wappingers Falls, NY 12590 ,Qo1G jo9/1z1— 009 iiECEIVED AUG 2 4 20b SUPERVISOR OFFICE August 19, 2015 Enclosed is the Municipal Shelter Inspection Report completed on 08/13/2015. This inspection relates to Agriculture and Markets Laws and Regulations which may be viewed on the website below. As the report indicates, dog shelter services were rated "Satisfactory". Please make note of any comments listed on the report. Municipal dog shelters are subject to inspection by this agency on a regular basis. Please notify this office within 30 days of any changes in municipal shelter services. If you have any questions regarding this inspection, please call me. Kim Volpe Animal Health Inspector (845) 325-3076 QVJ p sce 015 OF �PppAr 4.1.a Division of Animal Industry 110B Airline Dr. Albany, N.Y., 12235 (518) 457-3502 1 www.agriculture.ny.gov Packet Pg. 59 Agriculture INEAT E and Markets Barbara Gutzler Town Supervisor - Town of Wappinger 20 Middlebush Rd Wappingers Falls, NY 12590 ,Qo1G jo9/1z1— 009 iiECEIVED AUG 2 4 20b SUPERVISOR OFFICE August 19, 2015 Enclosed is the Municipal Shelter Inspection Report completed on 08/13/2015. This inspection relates to Agriculture and Markets Laws and Regulations which may be viewed on the website below. As the report indicates, dog shelter services were rated "Satisfactory". Please make note of any comments listed on the report. Municipal dog shelters are subject to inspection by this agency on a regular basis. Please notify this office within 30 days of any changes in municipal shelter services. If you have any questions regarding this inspection, please call me. Kim Volpe Animal Health Inspector (845) 325-3076 QVJ p sce 015 OF �PppAr 4.1.a Division of Animal Industry 110B Airline Dr. Albany, N.Y., 12235 (518) 457-3502 1 www.agriculture.ny.gov Packet Pg. 59 NEWYORK STATE OF OPPORTUNITY_ JO/5 /o9%� 4), v Public Service Commission Department of Audrey Zibelman Public Service Chair Office Locations 3 Empire State Plaza, Albany, NY 12223-1350 90 Church Street, 4"' Floor, New York, NY 10007-2929 295 Main Street, Suite 1050, Buffalo, NY 14203-2508 125 East Bethpage Road, Plainview, NY 11803 www.dps.ny.gov Dear. Community Leader: HIECEMED AUG 3 12015 TOWN OF WAPPINGEr'. August 21, 2015 Patricia L. Acampora Gregg C. Sayre Diane X. Burman Commissioners Kimberly A. Harriman General Counsel Kathleen H. Burgess Secretary The New York State Public Service Commission is sponsoring a series of regional information sessions and public statement hearings regarding two proceedings currently before the Commission. The first proceeding is an examination of low income programs offered by the major electric and gas utilities in New York State. The second concerns a Joint Petition submitted by Time Warner. Cable and Charter Communications seeking Commission approval to merge into a new entity called New Charter. Attached are fact sheets which provide information on both of these efforts as well as how to obtain the Staff Low Income Report and the Time Warner/Charter Communications Petition. The Commission will hold public statement hearings to solicit comments from stakeholders on these two proceedings. These hearings are open to the public and will have two parts: an information session, consisting of presentations by Commission staff, and a formal public statement hearing where the public is invited to participate and comment on the proceeding. Information received at the public statement hearings will be transcribed and will be included in the case . record. The public comments will. be`, considered by the Commission in deciding these cases. . I would appreciate your assistance informing your constituents about the public meetings and encouraging them to provide comments. It is the Commission's intent to facilitate and encourage active and meaningful participation throughout all of its proceedings. We hope you will consider joining us at one of these meetings. Sincerely, Michael Corso Consumer Advocate and Director, Office of Consumer Services Packet Pg. 60 ,_,f7!1EWY FATE OF 4.1.a Factsheet !'. Noticeof PublicHearirvt J The New York State Public Service Commission (Commission) has a history of protecting access to service for those who may face financial difficulties, and has approved low income affordability programs for every major gas and electric utility throughout New York. More than $128 million has been authorized annually for.ratgpayer-funded low income assistance programs, and more than one million energy consumers participate in those programs. Through the Low Income Proceeding, the Commission is evaluating the effectiveness of current low income program designs, to identify improvements. The Commission directed Staff, in consultation with interested parties, to conduct an investigation of utility low income programs, to identify best practices, and develop a set of recommendations for how best to optimize the implementation of utility low income programs, for party comment. The Commission's goal is to provide stronger, more aggressive and comprehensive low income program_ s for those customers who most need rate assistance. On June 1, 20151 Staff filed a Report on the results of its examination, including a Straw Proposal for a new statewide approach to low-income programs that addresses design and implementation elements including eligibility, enrollment processes, benefit structures, rate discount levels, treatment of participant arrears, reconnection fees, budgeting, and cost recovery. Some highlights of the Straw Proposal include the following: • Automatic enrollment for all utility HEAP recipients • Discount amounts set to achieve a 6% energy burden for the average participant • A funding limit equal to the amount recovered by annual charges of $20 per customer (electric), or $35 per customer (gas), collected from all customers • Further study of arrearage forgiveness programs, and • Prohibition of charging reconnection fees The Staff Low Income Report may be obtained from the Commission's website, www.dps.ny.gov by entering the Low Income Proceeding case number (14-M-0565) into the Search field on the homepage. Public Involvement The Commission strongly believes that obtaining public input regarding energy affordability is critical to developing a rational and balanced approach to meet the needs of the vulnerable customers. Stakeholders such as consumers, government agencies and officials, public interest and consumer advocate groups and industry representatives are invited to review and comment on Staff's Report and Straw Proposal. Packet Pg. 61 Nk EW YORE STAT EOF ulitService OPPo?? T U3 T _ Commission 4.1.a Factsheet and Notice of Public Hearinc On July 2, 2015, Charter Communications, Inc. (Charter) and Time Warner Cable Inc. (Time Warner) filed a joint petition with the New York State Public Service Commission (Commission). The Joint Petition is seeking Commission approval to transfer certain Time Warner telephone and cable systems, franchises and assets to Charter: Under the proposed transaction, Charter and Time Warner will merge into a company identified as New Charter. If this merger occurs, New Charter will own and/or manage systems serving approximately 19.4 million broadband customers, 17.3 million video customers, and 9.4 million voice customers across 41 states. Charter will acquire, and intends to retain, all of Time Warner's existing assets in New York State. The petitioners assert that New York consumers will benefit from the merger because of the introduction of Charter's all-digital platforms to Time Warner's customers; additional service offerings and faster broadband. Information Sessions and Public Statement Hearings The Commission is seeking public comment on Time Warner's and Charter's petition to merge. Interested members of the public are invited to attend a series of public statement hearings -and provide comments before an Administrative Law Judge. The hearings will be preceded by an information session, during which staff from the New York State Department of Public Service (DPS) will provide an overview of the procedures for review of the petition. A summary of the proposed merger will also be presented. The presentations will be followed by an opportunity for members of the public to ask questions about the proposed merger. It is not necessary to be present at the start of the hearings, or make an appointment in advance, or present written material in order to speak at the hearings. All comments given at the hearings will be transcribed and become part of the Commission's formal record. The hearings will remain open until everyone wishing to speak has been heard or other reasonable arrangements have been made. Disabled persons requiring special accommodations should contact the DPS's Human Resources Management Office at (518) 474-2520 as soon as possible. TDD users may request a sign language interpreter by placing a call through the New York Relay Service at 711 to reach the Human Resource number. Individuals with difficulty understanding or reading English are encouraged to call the Commission at 1-800-342-3377 for free language assistance services regarding this factsheet. Tree L.n GircE Sta.e P_11-za =3i a^ �` fL«$ f_8316C,:SkPSC' e ; J Packet Pg. 62 OFFICE OF THE COMMISSIONER New York State Department of Environmental Conservation 625 -Broadway, 14th Floor, Albany, New York 12233-1010 P: (518) 402-8545 1 F: (518) 402-8541 www.dec.ny.gov Honorable Barbara Gutzler Supervisor Wappinger Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 Dear Supervisor Gutzler: RECEIVED AUG 2 4 2015 AUG 19 2015 SUPSRVISOR OFFICE AUG 31 2015 TOWN OF WAPPINGEr r01WJ �-ry ppr� g. On behalf of the New York State agencies sponsoring the Climate Smart Communities program, 1 congratulate you and the Town of Wappinger on adopting the Climate Smart Communities Pledge. Climate change is one of the defining issues of our generation, and your commitment to reduce greenhouse gas emissions and prepare your community to deal with the effects of climate change will help protect both our citizens and our environment. The Climate Smart Communities program is an important partnership between local and State governments that makes a positive difference in New Yorkers' lives. The program focuses on technical, financial and leadership resources to help local governments reduce greenhouse gas emissions and adapt their communities for unavoidable climate change. The Climate Smart Communities program is a joint effort of six New York State agencies: Department of Environmental Conservation (DEC), Department of State, Department of Transportation, Department of Health, the Energy Research and Development Authority, and the Public Service Commission. DEC's Office of Climate Change acts as the facilitator for Climate Smart Communities. Guidance for initial climate smart steps that communities can take is available at www.dec.ny.gov/energy/50851.html; technical support is available at www.dec.ny.gov/energy/84508.html; and news and information can be obtained at www.dec.ny.gov/energy/50845.html. NEW YORK Department of STATE OF OPPORTUNITY Environmental Conservation Packet Pg. 63 2. This is an "all hands on deck" moment in history. Climate change will affeQt each one of us and demands the attention of every government body, every business and every citizen. Leaving it to the next generation to fix will be too late. Thank you for your leadership in addressing climate change and dealing with its impacts. Please contact Dazzle Ekblad at (518) 402-8417 or climatechange@dec.ny.gov if you have any questions regarding the program. Sincerely, Marc Gerstman Acting Commissioner c: D. Ekblad 4.1.a Packet Pg. 64 J01 5 log /14 Stormwater Management Consultants, Inc. (HCC E M[ED Barbara Gutzler, Supervisor August 15, 2015 and Members of the Town Board AUG 31 2015 Town of Wappinger 20 Middlebush Road TOWN OF WAPPINGEr' Wappingers Falls, New York 12590 Re: Mr. Salvatore Morello Stormwater Management Officer (SMO) Dear Supervisor Gutzler: RECEIVED AUG 19 2015 SUPERVISOR OFFICE I would like to impress upon you and the Town Board the duties and performance of Mr. Morello in his role as the Town of Wappinger's Stormwater Management Officer (SMO). This office has served in the capacity as the Town of Wappinger's Stormwater Management Program (SWMP) Coordinator since 2008, and has worked directly with Mr. Morello since 2011. Approximately four (4) years ago Mr. Morello was appointed the Town of Wappinger SMO. At the time of his appointment, Mr. Morello was not familiar with the numerous duties and responsibilities of a SMO to also include the governing state permit and local law requirements relative to the stormwater management regulations in which the SMO shall enforce. The SMO is responsible to ensure all construction sites in the Town of Wappinger that require NYSDEC SPDES General Permit GP -0-15-002 coverage are in compliance with all permit requirements and water quality standards as per NYSDEC SPDES General Permit GP -0-15-002 and §213 of the Code of the Town of Wappinger, Article I "Stormwater Management and Erosion and Sediment Control". In this role, the SMO conducts site inspections, and in some cases joint site inspections with this office to ensure all erosion and sediment control measures are installed and maintained properly. The SMO also reviews required weekly inspection reports from the Operator's inspector and SWPPP compliance inspection reports from this office. The SMO is additionally responsible to respond to complaints from the public sector relative to potential issues specific to construction site activities. Mr. Morello consults with this office multiple times per week relative to active construction sites in the Town of Wappinger. - On numerous occasions, based upon the level of non-compliance with the above noted state permit and local law, the SMO has issued an Administrative Order, Order to Remedy, Notice of Violation or a Stop Work Order dependent upon the circumstances. The SMO also is responsible for the retention of records of all enforcement actions taken. This information is required by this office on a yearly basis to be included within the Town of Wappinger Stormwater Management Program Annual Report submitted to the NYSDEC. P.O. Box 202, LaGrangeville, New York 12540 Phone 845-462-0022 • Fax 845-462-0033 w.artus@verizon.net Packet Pg. 65 In addition, the SMO is responsible for the enforcement of §213 of the Code of the Town of Wappinger, Article ll, "Illicit Discharges and Connections to Municipal Storm Sewer Systems". In this role, the SMO is responsible to respond to complaints from the public sector relative to potential illicit discharges into the Town's storm sewer system. If an illicit discharge is detected, it is required to be documented and investigated as to the source of said illicit discharge, and ultimately eliminated. This documentation is also provided to this office on a yearly basis to be included in the Town of Wappinger Stormwater Management Program Annual Report submitted to the NYSDEC Over the past four (4) years, Mr. Morello has attended classes and seminars on the stormwater management regulations, erosion and sediment control standards and specifications, and illicit discharge detection and elimination. Mr. Morello has also consulted with this office on numerous occasions specific to his role as the Town of Wappinger SMO and the governing permit requirements. The responsibilities of a SMO as noted herein are just a brief summary, and are not inclusive of the variable issues and new permit requirements that may arise. This office serves as the SWMP Coordinator for multiple municipalities in Dutchess and Ulster County and works directly with numerous SMOs. Based upon my working experience with Mr. Morello, he has obtained a high level of knowledge and is very consensus in his duties and responsibilities in the capacity as the Town of Wappinger SMO. If you have any questions relative to this matter, please feel free to contact me. I may be contacted directly at 845-462-0022. Sincerely, t Walter R. Artus, CPESC, CMS4S Principal 4.1.a Packet Pg. 66 20 MID6LEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845)297 -4158 -Main (845)297 -0720 -Direct (845)592 -7433 -Fax TOWN OF WAPPINGER O(OI S J09 /1L4 Recreation Department RECREATION DIRECTOR Jessica Fulton RECREATION COMMITTEE CHAIR Ralph Holt RECREATION SECRETARY Donna Lenhart MEMO TO:BARBARA GUTLZER, TOWN SUPERVISOR WILLIAM BEALE, COUNCILMEMBER WILLIAM CICCARELLI, COUNCILMEMBER ISMAY CZARNIECKI, COUNCILMEMBER MICHAEL KUZMICZ, COUNCILMEMBER FROM: JESSICA FULTON, RECREATION DIRECTO DATE: SEPTEMBER 8,2015 SEP 0 8 2015 SUBJECT: 2015 CAMP PROGRAM ®WN OF 1 r� 17-INGE1" The 2015 Summer Program at Martz Field came to a close on August 14'. This year, the program had 128 full time campers. For the first time in several years, there was no decrease in full time enrollment. I believe that the completion of the pavilion at Martz Field and a new advertising plan were the reason that there was no decrease in enrollment. For the first time, parents were able to check out weekly camp updates on the recreation department's social media account. The parents were able to see pictures of the week's daily activities as well as any field trips the campers went on. These weekly updates went over very well with the summer camp families and allowed them to share photos with their friends and families. Another addition in 2015 was the return of an evening family activity. Family nights were part of the Summer Program in the past, but haven't been held in several years. In partnership with Grinnell Library, a Lego night was held at the Town of Wappinger Senior Center. Registration was limited because we were working in a small space. Hopefully in the future, lights will be added to the Martz Field Pavilion. This would allow us to hold camp events that would accommodate all of our camp families in the evening. The change in the fee structure for this year's Summer Program, lack of decrease in enrollment, as well as the careful spending of our Summer Program Director Packet Pg. 67 TOWN JUSTICE HEATHER L. KITCHEN September 9, 2015 �015/ oq NL— Ol TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 • (845)297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Gutzler and Members of the Town Board Town Hall 20 Middlebush Rd. Wappingers Falls, NY 12590 Dear Supervisor Gutzler and Members of the Town Board: TOWN JUSTICE CARL S. WOLFSON - W-1 *If Mpy The following cases were disposed of while I presided over the Justice Court during the month of August 2015: 275 Vehicle & Traffic law matters resulting in $28,180.00 collected in fines and fees. 4 Penal Law matters resulting in $205.00 collected in fines and fees. 31 Civil matters resulting in $503.00 collected in fees. 3 Town Ordinance matter resulting in $25.00 collected in fines. 9 Termination of Suspension matters resulting in $840.00 collected in fees. I have forwarded a check in the amount of $29,753.00 to the Town of Wappinger on September 1, 2015. Additionally I am holding $11,350.00 in pending bail. Respect sub 1. 5 Heather L. Kitc Town Justice cc: Joseph Paoloni, Town Clerk SEP 10 2015 TOWN OF WAPPINGEI "lrlf I A I M r'^ r—IFr r r Packet Pg. 68 7.2.a Sandie Oakley From: Vincent Bettina <vbettina@townofwappinger.us> Sent: Monday, August 24, 2015 8:10 AM To: AI Roberts Cc: Vincent Bettina Subject: FW: loader Attachments: Wappingers_ winter_ loader_ 08_15.pdf Al The loader is being rented for four months and the savings was achieved by Town of La grange and Town of Wappinger requesting two machines for the same time period which allowed us to both benefit from a lower rental rate. We are not renting from La Grange nor are they renting through us, but rather renting similar loaders for the same time period. This also saves the Town funds by not having to purchase this machine which is quite costly. I am trying to increase efficiency and saving funds without limiting service. Thanks, Vincent Bettina Town of Wappinger Superintendent of Highways 10 Highway Dr Wappingers Falls, NY 12590 Office: (845) 297-9451 Fax: (845) 298-0524 From: Underhill, Jeff [mailto:jeff@wtractor.com] Sent: Monday, August 17, 2015 4:20 PM To: Vincent Bettina Subject: loader Hi Vinnie, Attached is quote for loader on winter rental. May be, depending on availability, a 2.5 or 3 yard loader. Need PO ASAP, 2 left and Mike needs one too. Thanks, Jeff vp Westchester Tractor, Inc. 60 International Blvd. Brewster, New York 10509 914-490-6405 (mobile) 845-278-7766 (off) 845-278-4431 (fx) Packet Pg. 69 WESTCHESTER TRACTOR, INC. THE BEST DON'T REST 60 INTERNATIONAL BLVD. BREWSTER, NY 10509 Phone (845) 278-7766 Fax (845) 278-4431 Web: http://www.wtractor.com Customer Information: rown of Wappingers PHONE I EXT I FAX CELL EMAIL QUOTE DATE: August 17, 2015 Quotation valid for (days): ,30 Quotation valid until: August 21, 2015 Prepared by: Jeff Underhill (VP) Salesman's Phone #: (914) 490-6405 Salesman's Email: Jeff@wtractorcom 0 HKmawasaki KAWASAKI CO STRUCTION MACHINERY CORP, OF AM6WCA 7.2.a PLUS TAX IF APPLICABLE THANK YOU FOR YOUR BUSINESSI Packet Pg. 70 Sandie Oakley From: Vincent Bettina <vbettina@townofwappinger.us> Sent: Tuesday, September 08, 2015 12:51 PM To: Al Roberts r l j Cc: Vincent Bettina; George Silvestri; Karol Kelly Subject: RE: loader Doosan model DL250-3 serial number CWLAW-0 I0157S, R, DIP, 1) U , Dear Al Please find the Make, Model, Serial number of the 3 yd loader that we plan on leasing. Please let me know if any additional information is required. Thanks Vincent Bettina Town of Wappinger Superintendent of Highways 10 Highway Dr Wappingers Falls, NY 12590 Office: (845) 297-9451 Fax: (845) 298-0524 From: Underhill, Jeff [mailto:jeff@wtractor.com] Sent: Wednesday, August 26, 2015 10:42 AM To: Vincent Bettina Subject: loader Vince, loader model DL250-3 (Doosan) serial # CWLAW-010157 replacement value $151,750.00 (insurance ) additionally insured Westchester Tractor, Inc. Please forward insurance binder on or before commencement of rental.. Thanks, Jeff Underhill vp Westchester Tractor, Inc. 60 International Blvd. Brewster, New York 10509 914-490-6405 (mobile) 845-278-7766 (off) 845-278-4431 (fx) 1 7.2.a Packet Pg. 71 R PETITION FOR EXTENSION OF THE UNITED WAPPINGIER WATER DISTRICT TO THE TOWN BOARD OF THE TOWN OF WAPPINGZR Town Hall 20 Middlebush Road Wappingers Falls, Neter York 12590 The undersigned being the owners of all taxable real property situate in the proposed Extension Area hereinafter described and proposed to be established in the Town of Wappinger, Dutchess County, New York (the "Town") and aggregating one hundred percent of the assessed valuation of -all taxable real property in the proposed Extension Area of the United Wappinger Water District as shown upon the latest assessment role of said Town, and there being no resident parcel owners in said proposed Extension Area, according to the latest completed assessment role, do hereby Petition the Town Board as follows: 1.- Petitioner proposes, pursuant to Article 12 of the Town Law, that the Town Board of the Town of Wappinger (the "Town") extend the United Wappinger Water District (UWWD) in the Town of Wappinger to include a parcel of land described in Exhibit "A" (the "Property"). The Property described in Exhibit "A" is a portion of Tax Lot 6257-04-616448. The Town of Wappinger Planning Board heretofore granted Page -1- Packet Pg. 72 preliminary and final subdivision plat approval to divide the Property into eight (8) building lots. The subdivision plat for the tax parcel shows a ninth lot which has on it the residence of Petitioner which portion is not a part of the proposed. Extension Area. 2. There is a Map, Plan and Report dated July 2014, revised October 23, 2014 prepared by Morris Associates .Engineering Consultants, PLLC containing a map of the boundaries of the existing water district together with the Extension Area. 3. All construction work for the laying out and installation of the improvements within the proposed Extension. Area will be paid for by the Petitioner and/or its successors so that no expenses occasioned by the extension of said UWWD shall be levied and collected from the several lots and parcels of land within the District as same currently exist, by assessment or otherwise, and any all such work shall be done, undertaken and completed by the Petitioner and/or its successors in accordance with the Map, Plan and Report. 4. The proposed Extension Area will provide water service to the eight (8) parcels which received subdivision Page -2- Packet Pg. 73 I approval. 5. The expense of operation and maintenance (0 & M) of said District, following the extension, shall be assessed, levied and collected from the several lots and parcels of - --- land within the District, as extended, in accordance with the operation and maintenance formula established by the Town Board for the UWWD. 6. Petitioner acknowledges that upon completion of the construction and installation of the water pipes and appurtenances associated with the Extension Area, that the eight (8) subdivided parcels will be assigned benefit units for the purpose of levying benefit assessments for the repayment of existing capital bonded indebtedness previously incurred by the UWWD. In addition, the eight (8) parcels in the Extension Area will be charged, quarterly, for O & M -expenses based on metered water consumed in accordance with the rates established by the Town Board as the same may be amended from time to time. 7. Petitioner and its successors intend to construct all improvements within the Extension Area wholly at their own -expense and shall record an easement agreement in the form.required by the Town. Eage - 3 - Packet Pg. 74 8. The proposed valuation of all taxable real property situate .in the proposed Extension Area as such valuations appear on the latest completed assessment roll of the Town of Wappinger is $184,784.00. This sum has been computed by - taking the assessed value for land only for the existing assessed: parcel and allocating the pro rata share (to wit, 8/9) of the assessed value of land only to the Extension Area. 9. -Petitioner is the sole non-resident owner of all real property situate in the proposed Extension Area. .10. This Petition has also been signed by LMD Property Holdings LLC which is the contract vendee for the Extension - Area and is the applicant which applied for and received subdivision approval to create eight (8) lots within the Extension Area. IRMA K. FARFARO R15NALD WILLIAM FARFARO LMD PROPERTY HOLDINGS LLC BY: DA T5 STENGER Managing Membe Page -4- Packet Pg. 75 STATE OF NEW YORK ) }ss.. COUNTY OF DUTCHESS ) On this 9,*` day of A=tTwo Thousand Fifteen, before me, the undersigned, a Notary Public in and for said State, personally appeared IROA -K. FAR -FARO, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. NOTARY PUBLIC Nc tcu y �OOSA 11:01,u. ;;tate of New York STATE OF NEW YORK Civauhed in Dutchess County )SS.: Gutittttt�*0 kgires November 30, 2% COUNTY OF DUTCHESS ) On this A96day of August, Two Thousand Fifteen, before _- me, the undersigned, a. Notary Public in and for said State, - personally appeared RONALD WILLIAM FARFARO, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. NOTAR PUBLIC ELIZABETH ANNE ROOSA Notary Public, State of New York Qualified in Dutchess County 'ry Commission Expires November 30, 20'7 Page -S- Packet Pg. 76 7.4.a 77! S:\FILES\STENGER - FARFARO (KAHARA)\PETITION - FARFARO - WATER DISTRICT.wpd IL Page -6- Packet Pg. 77 r STATE OF NEW YORK ) COUNTY OF DUTCHESS ) On this R day of ZAt, Two Thousand Fifteen, before me, the undersigned, a Notary Public in and for said State, peraoraa ly- appeared DAVMX--, person n to, me or proved to ripe on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that his signature on the instrument, the CL individual, or the person upon behalf of which the CL individual acted, executed this instrument. NOTARY PUBLIC RICHARD 1. CANTpp Notary Publ Qu (eed �,�0b NewYotk T, RR�� County Commissionp(� 316UXL- 22W 0 U. V) 77! S:\FILES\STENGER - FARFARO (KAHARA)\PETITION - FARFARO - WATER DISTRICT.wpd IL Page -6- Packet Pg. 77 ALL that pertain parcel of land situate In the Town of Wappinger, County of Duto 0 IS and -'State of New York and Is more particularly desodbed as follows: 2= M BEGINNING .at a point being the Intenseption of the edstedy bounds of Ohamrook 0 Dflv.6 and thb southerly bounds of an existing R66t -of Way as shown on ftel map #11 gee r in. the: DUtchess County Cleft Me; themn6rtheasQV along eald .&MM.mok Hills I d" a1on.q`6-.curve to the .left with a radlus of 526.004sot an am loop of 8097 Wt a o Nord. .:350-26'06'.ast§BA4fwt;-thenoe,.,eadMyarbngtMnoMW, boundsof d R191i t,6fw.'ty the following four (4) couraw: M - 1 A a curve Along Ve to thd left with a radius of 26.00 feet an aro length of 36.03 feet, .' h chord beading South 1,2035tO' East 33.37 feet, EL CL ..a -2..'South641D2T2V East 57.19 feet,' M 3. -Along a curve to the left having a radius of 226.06 feet, an aro-langth of 239.92 6 chord bearing South 85°00'1 9" East 228.71 and 4- North 64026t0w East 11.97 feet 10 R- pointicicatEid-,on the westerly bounds of the lands, now or formedy, of Kehad (Dead L '-the 0 1320,. '.P4,ge.2D5); thence along bounds of said Kahad the ibli6wing four'(4),courses: -Worth 1304520"Wett 404.6.8 feet 2.. -North- 66-018'40- East 557.15 feet, 3. South 141129'20" East 827.01 feet and .4-.:. South. 7.5948'00" West 558.06 U. to a portio Itliefice through, the lands• of said Kahan, North 14P35'06" West 92.53 feet to• a p 6 lherice--afong. the: westedy-bdunds. of said Kafiari.North 13'4620" WeM 186.6 -5 -feet to a. pi thence' `westeriy along the southe#k* bounds of said, -Right of Way the follovAing four (4) court 1. S-OLM '64026'50" West 1.53 feet, 00 40 02. Al6ng a curve to the.'- d0t.having- -a radius feet;- and arc length of 29 feet, 6'chord- bearing: North 85°00'1 7" West. 27-9.54 f&et cm CO --3. worth.54 ID 2725- West -57.19 fbet, 4. Along -a: curve to the right haviing-a- radius of 25.00 feet an arc length of 37.22 fe( _:chbrd1bearing South 82053'32rWest 33.8'8feet to-tfie.,point.orplace of BEGINNING. Containing -1-0.35 Acres of land, more -'or lets. f LM CO E Packet Pg. 78 u PETITION FOR EXTENSION OF THE UNITED WAPPINGIERS SEWER DISTRICT M TO THE TOWN BOARD OF THE TOWN OF WAPPMORR Town Hall 20 Middlebuah Road Wainger F11, New York 140 The undersigned being the owners of all taxable real property situate in the proposed Extension Area hereinafter described and proposed to be established in the Town of Wappinger, Dutchess County, New York (the "Town") and aggregating one hundred percent of the assessed valuation of all taxable real property in the proposed Extension Area of the United Wappingers Sewer District as shown upon the latest assessment role of said Town, and there being no resident parcel owners in said proposed Extension Area, according to the latest completed assessment role, do hereby Petition the Town Board as follows: 1. Petitioner proposes, pursuant to Article 12 of the Town Law, that the Town Board of the Town of Wappinger (the "Town") extend the United Wappingers Sewer District (UWSD) in the Town of Wappinger to include a parcel of land described in Exhibit "A" (the "Property"). The Property described in Exhibit "A" is a portion of Tax Lot 6257-04- 616448.. The Town of Wappinger Planning Board heretofore Page -1- Packet Pg. 79 Page -2- Packet Pg. 80 granted preliminary and final subdivision plat approval to M divide the Property into eight (8) building lots. The r_ subdivision plat for the tax parcel shows a ninth lot which has on it the residence of Petitioner which portion is not a part of the proposed Extension Area. co 2. There is a Map, Plan and Report dated July 2014, -revised October 23, 2014 prepared by Morris Associates CL CL M Engineering Consultants, PLLC containing a map of the boundaries of the existing sewer district together with the Extension Area. 3. All construction work for the laying out and installation of the improvements within the proposed X Ui U. -_. Extension Area will be paid for by the Petitioner and/or its successors so that no expenses occasioned by the extension .of said UWSD shall be levied and collected from the several lots and parcels of.land within the District as same e cmcoe currently exist, by assessment or otherwise, and any all such work shall be done, undertaken and completed by theco Petitioner and/or its successors in accordance with the Map, Plan and Report. 4. The proposed Extension Area will provide sewer LM co service to the eight (8) parcels which received subdivision Page -2- Packet Pg. 80 approval. S. The expense of operation and maintenance (0 & M) of said District, following the extension, shall be assessed, levied and collected from the several lots and parcels of land within the District, as extended, in accordance with the operation and maintenance formula established by the Town Board for the UWSD. G. Petitioner acknowledges that upon completion of the construction and installation of the sewer pipes and appurtenances associated with the Extension Area, that the eight (8) subdivided parcels will be assigned benefit units for the purpose of levying benefit assessments for the repayment of existing capital bonded indebtedness previously incurred by the UWSD. In addition, the eight (8) parcels in the Extension Area will be charged, quarterly, for O & M expenses based on metered water consumed in accordance with the rates established by the Town Board as the same may be amended from time to time. 7. Petitioner and its successors intend to construct all improvements within the Extension Area wholly at their own expense and shall record an easement agreement in the form required by the Town. Page -3- Packet Pg. 81 8. The proposed valuation of all taxable real property situate in the proposed Extension Area as such valuations appear on the latest completed assessment roll of the Town of Wappinger is $184,784.00. This sum has been computed by taking the assessed value for land only for the existing assessed parcel and allocating the pro rata share (to wit, 8/9), of the assessed value of land only to the Extension Area. 9. Petitioner is the sole non-resident owner of all real property situate in the proposed Extension Area. 10. This Petition has also been signed by LMD Property Holdings LLC which is the contract vendee for the Extension Area and is the applicant.which applied for and received subdivision approval to create eight (8) lots within the Extension Area. IRMA K. FARFARO R NALD WILLIAM FARICAARO LMD PROPERTY HOLDINGS LLC BY: DAVfD STENGER Managing Member Page--4- Packet Pg. 82 STATE OF NEW YORK COUNTY OF DUTCHESS on this,24* day.of 499!�Two Thousand Fifteen, before me, the undersigned, : a .NotaVy� Public in and -for said State, personally appeared X._ VARO., peraorially known -to me or proved to on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowl,edged.to me that she executed the same in her capacity, and that her signature on the instrument, the individual, or the person upon behalf of which the individual acted,.executed this instrument. I\T'O'T Al K PUBLIC ELIZABETH ANNE ROOSA STATE OF NEW YORK ) Notary Public, State of New York Qualified in Dutchess County Commission Expires November 30, 20Z11- COUNTY OF DUTCHESS ) '.On this gj4lhay of August, Two Thousand Fifteen, before -- me, the undersigned, a Notary Public in and for said State, -Personally-appeared RONALD WILLIAM FARFARO, personally known .to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in -his capacity, and that his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. NOTARY PUBLIC ELIZABETH ANNE ROOSA Notary Public, State of New York Qualified in Dutchess County Commission Expires November 30,20Y Page -5- Packet Pg. 83 ALL that Certain parcel of land situate in thQ Town of Wappinger, County of Dutehes and- State of New York and is more particularly described as follows: M BEGINNING .at a point being the interseWon of the er3isteriy bounds of Shamrock HO Drive grid the'.soutfierly bounds of an existing f2ight.of Way as shown on Cited map 011963 filo In fine Dutchess County Clerk's Office; thenoe' ndrtheasteiiy alon* Bald Sharnroo,k Hilts Dr& along..a..curve to the.left with a radius of 526.004eet, an aro [coo of 98.07 *t, a chor . g Wrth 35°2BW,£tet 95.44 fleet; -tftenos y along--noi�ts ly bound__$ -of oat Right of Way the following four (4) courses: CO 1.. Along a curve to the left with a radius of 25.00 feet, an arc length of 36.83 feet, v , a chord bearing South 12035'50" East 33.37 feet, •2: -South 5402725" East 57.19 feet,' ..3. -:Along a curve to the left having a radius of 225.00 feet, an arc -length of 239.92 fee mg a chord bearing South 85000'19" East 228.71 and 4.. North 64°26'50" East 11.97 feet. to. a point:Iocaled on the westerly bounds of the lands, now or formerly, of Kahan (Deed UIx 1320;. Page.2-05); thence'along:-the bounds of said Kahan the following four (4) courses: 1:. -North 13°45'20". West 404.58 feet, ..2: -_North 66°18'40" East. 557.15 feet, *3. South 14c29'20" East -827.01 feet and 4.:South-76948'00" West 558:06 to a p ztnt;:.thence through the lands..ofsaid Kahad'•North 14035'06" West 92.53 feet to. a. poin 'thence along, the westerly -bounds of said Kahan .North 1304620' West 186.6.5' feet to a..poin thence westerly along the southeriy bounds of said, night of Way the following four (4) courses 00 ` 1. -Sou h 64°26'50"West 1.53 feet, •:2 Along a curve to the right'. having a -.radius of 275.U0 feet; end arc length of.293:2CD cm -feet, a chord bearing North 85000'17" Wes,t.27954 feet,CO 3: North -5402725" West 57.19 feet, 4. Along`a° curve to the right having a radius- of 25.00 feet, an arc length of 37.22 feet, chord bearing South: 82°53'32" West 33.88 feet CO to the`point.or.place of BEGINNING. Containing' 1.0.35 Acres of land, more -or less. LM COr �. . .�•� I / _ � �i `� !� Packet Pg. 84 9 From: Al Roberts on behalf of aroberts@srddlaw,com 0 Sent: Friday, September 11, 2015 11:16 AM To: Hon. Barbara Gutzler (bgutzier@townofwappinger.us); William Beale; William Ciccarelli; cc Ismay Czarniecki; maxkuz@nietzero,net Subject: NYC DEP Chelsea Connection Attachments- Letter to Property Owner -w- documents,rtf; GRANT OF TEMPORARY CONSTRUCTION EASEMENT,doc; CONSENT AND WAIVER.docx; GENERAL RELEASE,doc; Resolution E Authorizing Attorney to Acquire Easements, Etc. for Connection of 10 Homes in Chelsea Hamlet Area to New Water System.doc 0 Dear Barbara and Board Members: 0 I received a telephone call from Chaandi McGruder on Wednesday afternoon, 9/9. Chaandi requested some 3: minor revisions to the documents to be forwarded to the property owners whose wells will be disconnected 0 from their private wells and connected to the new waterlines in Chelsea Hamlet, I am enclosing a copy of the 0 revised documents for your review and approval together with a Resolution authorizing issuance of these documents. Inasmuch as Chaandi indicated the registration of the 2,d Amendment to the NYC DEP Contract is imminent, I request that this Resolution be placed on the agenda for Monday night so that letters can be issued to the individual property owners immediately upon confirmation that the 2nd Amendment to the NYC DEP Contract 0 has been duly registered with the, City of New York. The Contract for the connection of these 10 homes to the < UWWD waterline cannot be awarded until) the 2nd Amendment is registered. Albert P. Roberts 0 Stenger, Roberts, Davis & Diamond, LLP 1136 Route 9 00 Wappingers Falls, New York 12590 (845)298-2000 C14 (845)298-2842 CIO aroberts@srddlaw.com www,srddlaw.com 0 This e-mail message and any attachments are confidential and may be privileged. If you are not the intended recipient, please immediately nus by telephone and return the original message to us, at the listed email 0otify U address and destroy all copies of this message and any attachments. Thank you. IRS Circular 2.307 Disclosure: To ensure compliance with requirements imposed by the IRS we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. Z E I Packet Pg. 85 1 SUPERVISOR Barbara A. Gutzler SECRETARY Inez Maldonado 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 W W W.TO WNOF WAPPINGER.US (845) 297-4158 - Main (845) 297-2744 - Direct (845) 297-4558 — Fax Insert Date 2015 TOWN OF WAPPINGER Office of the Town Supervisor Re: Easement for Water Connection United Wappinger Water District Chelsea Hamlet Extension of Water Services Dear 7.6.b TOWN BOARD William H. Beale Vincent Bettina Ismay Czarniecki Michael Kuzmicz TOWN CLERK Christine Fulton HIGHWAY SUPERINTENDENT Graham Foster As has been previously discussed with you, the Town Board has amended its Agreement with the City of New York Department of Environmental Protection (NYC DEP) to extend water services first to the NYC DEP site located on River Road and then to various parcels in the Hamlet of Chelsea. More recently, the Town and NYC DEP have further amended the agreement which will authorize the Town to connect ten parcels to this new water system free of charge. This amendment will not become effective until it is registered as required by the New York City Charter. Your parcel has been designated as one of these parcels to receive the free connection. To permit the Town to proceed with this connection, you must execute three documents which will authorize the Town and its contractor to connect your home to the water main: (1) a Temporary Construction Easement, which will permit access to your property by the Town and/or its contractor in order to connect your home to the water main in front of your property; (2) a Consent and Waiver, which will authorize the Town's contractor to disconnect any plumbing and electrical interconnections currently linked to the existing private Well serving your property and confirm that the NYC DEP will no longer monitor your Well or address any impacts to the Well caused by the construction at the NYC DEP site; and (3) a General Release indicating that you have no further claims against the Town or NYC DEP for the disconnection of the Well and the connection of your home to the public water supply. Please note, this General Release will be held in escrow by the Attorneys to the Town, Stenger, Roberts, Davis & Diamond, LLP, pending a certification by the Town's Engineer that all work done by the Town's contractor has been done in accordance with applicable rules and Packet Pg. 86 regulations and in compliance with the contract specifications as the same apply to your prope The Engineer will meet with you prior to issuing his certification to confirm with you that all work has been properly completed. It must be expressly understood that upon completion of this work, the City of New York will be released from any further obligation to monitor and/or address any potential impacts to the water quality or quantity of the Well servicing your property. The above -referenced documents must be executed and delivered to the Attorney for the Town as hereinafter provided. The Temporary Construction Easement will be recorded in the Dutchess County Clerk's Office at the discretion of the Attorney to the Town. The Consent and Waiver will be executed in duplicate with one copy forwarded to NYC DEP and the other copy placed on file with the Town Clerk of the Town of Wappinger. The Attorney to the Town will hold the General Release in escrow pending certification by the Engineer to the Town that the required work has been completed in accordance with the plans and specifications previously submitted and approved by you. The General Release will be executed and filed with the Town Clerk, with a copy provided to you. Enclosed herewith is the form of Temporary Construction Easement, the Consent and Waiver and the General Release to be executed by you. Please understand no work can commence until these documents have been fully executed and delivered to the Attorney to the Town. These forms have been drafted by Albert P. Roberts, the attorney for the Town of Wappinger and these forms have been approved by the Town Board. Please note these forms must be signed before a notary public. You may wish to consult with your own personal attorney before executing these documents. Of course, if you have any questions with regard to the contents of this letter or the enclosed documents, you may contact the Engineer to the Town, Robert J. Gray at (845) 297-6256 ext. 125 or the Attorney to the Town, Albert P. Roberts at (845) 298-2000. The above documents must be signed, notarized and delivered to Mr. Roberts at his office at 1136 Route 9, Wappingers Falls, New York as soon as possible so that work can commence. You may contact Mr. Roberts directly if you wish to have these documents executed at his office. Thank you for your prompt attention and courtesy in this matter. Sincerely, Barbara A. Gutzler e Supervisor, Town of Wappinger cc: Town Board Chaandi McGruder, Esq. Albert P. Roberts, Esq. 0 - Robert J. Gray, P.E. 0. 0 2111 a,_ _ Packet Pg. 87 GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR CONNECTION AND INSTALLATION TO THE UNITED WAPPINGER WATER SYSTEM THIS GRANT OF TEMPORARY CONSTRUCTION EASEMENT, made the day of , 2015, by and between whose address for the purposes of this instrument is (hereinafter referred to as the "GRANTOR(S)"), and TOWN OF WAPPINGER BY AND ON BEHALF OF THE UNITED WAPPINGER WATER DISTRICT ("UWWD"), AN ADMINISTRATIVE UNIT OF THE TOWN OF WAPPINGER, with offices situate at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590-0324 (hereinafter referred to as the "TOWN" or the "GRANTEE"). WITNESSETH WHEREAS, the GRANTOR(S) are the owners of a certain parcel of property located at in the Town of Wappinger, Dutchess County, New York, which is more particularly described in a certain deed dated and to from and and recorded in the Office of the Dutchess County Clerk on as document number (the "Property"); and WHEREAS, the Property is provided a potable water supply by a drilled well (the "Well") located within the Property; and WHEREAS, the TOWN has undertaken the construction of a water main extension to the Hamlet of Chelsea with funds provided by the City of New York (the "CITY") in connection with 1 7.6.c Packet Pg. 88 7.6.c the CITY"S Water for the Future Construction Project (the "Project"); and WHEREAS, the Project is addressing leaks in the Delaware Aqueduct which requires the construction of a new shaft in the vicinity of the Property; and WHEREAS, in connection with the CITY'S construction of the new shaft in the vicinity of the Property, the CITY has monitored the Well owned by the undersigned GRANTOR(S) for any impact that construction activity may have on the well serving the Property; and WHEREAS, the TOWN has agreed to connect the Property to the new water main constructed by the TOWN on behalf of the UWWD and located under or near the Town road adjacent to the Property upon terms mutually acceptable to the parties; and WHEREAS, the TOWN'S Engineer, Morris Associates Engineering Consultants, PLLC, has prepared plans and specifications showing the details of the interconnection of the Property to the water main (the "Plans"); and WHEREAS, the GRANTOR(S) have approved the Plans and signed and dated same indicating their approval of same; and WHEREAS, in order to authorize and permit the construction and installation of the interconnection of the Property to the water main, the TOWN will require the GRANTOR(S) to provide the TOWN with a TEMPORARY CONSTRUCTION EASEMENT as hereinafter set forth. NOW, THEREFORE, in consideration of the sum of ONE ($1.00) DOLLAR, lawful money of the United States, actual consideration, receipt of which is hereby waived, and in the further consideration of the promises set forth below, the GRANTOR(S) hereby grant and release unto the TOWN a TEMPORARY CONSTRUCTION EASEMENT AND RIGHT-OF-WAY for the following uses and purposes and upon the following terms of conditions: 1. RECITATIONS. The recitations above set forth are incorporated in this Grant of Temporary Construction Easement as if fully set forth and adopted herein. 2. GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND RIGHT- OF-WAY. 2.1. GRANTOR(S) hereby grant unto the TOWN a TEMPORARY CONSTRUCTION EASEMENT AND RIGHT-OF-WAY in, on and through the GRANTOR(S)' Property as described in the Plans for the purpose of ingress, egress, storage, operation and 2 Packet Pg. 89 7.6.c passage by construction vehicles, equipment, personnel and placement of equipment, materials and supplies as required for the construction, installation and interconnection of the Property to 0. the public water supply located within the Town road above described. 0 2.2. This TEMPORARY CONSTRUCTION EASEMENT and RIGHT -OF- 0 WAY shall be binding upon and inure to the benefit of the parties hereto, their successors, 0 assigns, heirs, distributees and legal representatives. 2.3. The TEMPORARY CONSTRUCTION EASEMENT AND RIGHT -017 - WAY and the rights and privileges set forth in paragraph 2.1 above shall be effective immediately upon execution hereof and shall terminate when the Engineer to the Town certifies 0 in writing that the work has been completed in accordance with the Plans above indicated. 3. RESTORATION. All land areas disturbed by the exercise of the rights conferred herein shall be restored, as reasonably as practicable, to the condition that existed prior to the disturbance. 4. CONSENT AND WAIVER. The GRANTOR(S) acknowledge that they have separately executed a Consent and Waiver which permits the interconnection of the Property to coe UJ the United Wappinger Water System above -referenced and authorizes the TOWN to disconnect any plumbing and electrical interconnections linked to the existing private Well providing water W service to the Property. The GRANTOR(S) further acknowledge that the Consent and Waiver UJ co also releases the CITY and DEP from any further responsibility to monitor the Well or for UJ damages or injuries the GRANTOR(S) may suffer or incur by reason of the disconnection of the Well or any impact that the project has or had to the Well or the water availability from the Well. IN WITNESS WHEREOF, the GRANTOR(S) and the TOWN have executed this co Z instrument as of the date first set forth above. ,GRANTOR a. UJ ,GRANTOR Z 3 Packet Pg. 90 TOWN OF WAPPINGER BARBARA A. GUTZLER, SUPERVISOR STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the day of , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the day of , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public I 7.6.c Packet Pg. 91 STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the day of 12015, before me, the undersigned, a Notary Public in and for said State, personally appeared BARBARA A. GUTZLER personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public RECORD & RETURN: ALBERT R ROBERTS STENGER, ROBERTS & DAVIS & DIAMOND, LLP 1136 Route 9 Wappingers Falls, New York 12590 5 7.6.c Packet Pg. 92 7.6.d at CONSENT AND WAIVER AND AUTHORIZATION TO CONNECT TO UNITED WAPPINGER WATER SYSTEM I/We represent and warrant that I/we are the sole legal owners of the property located , Chelsea, Town of Wappinger, New York (the "Property"), which is more particularly described in a certain deed dated to Dutchess County Clerk on from and recorded in the Office of the as document number I/We hereby request that the Property be connected to the new water main and water supply constructed by the Town on behalf of the United Wappinger Water District ("UWWD"), with funds provided by the City of New York (the "City"), at no cost to me/us. I/We understand that the contractor retained by the Town to perform this work will disconnect any plumbing and electrical interconnections currently linked to the existing private well (the "Well") on the Property, (which provides potable water service to the Property), and I/we expressly consent to this disconnection. By my/our signature(s) below, I/we agree that, in consideration of such connection to the water main and water supply, the City and its Department of Environmental Protection ("DEP") are hereby released from any obligation to monitor and/or address any potential impacts to the water quality or quantity to the Well that may be caused by the City's Water for the Future construction project, which is addressing leaks in the Delaware Aqueduct (the "Project"). The Project includes the construction of a new shaft in the vicinity of the Property I/We understand and affirmatively represent that this means I/we are voluntarily waiving any right I/we might otherwise have to hold the City, including DEP, and its agents and employees, Packet Pg. 93 liable for damages or injury of any kind that I/we may suffer or incur by reason of the disconnection of the Well or of any impact that the Project has or had or may have to or on the Well, or the water available from the Well at any time hereafter. This Consent and Waiver is binding on the undersigned, his/hers/their heirs, executors, administrators, successors and assigns. In Witness Whereof, the undersigned has/have hereunto set his/her hand and seal this day of 12015. In presence of STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On the day of appeared 2015, before me, the undersigned, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 7.6.d Packet Pg. 94 STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS On the day of , 2015, before me, the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 7.6.d Packet Pg. 95 GENERAL RELEASE To all to whom these Presents shall come or may Concern, Know That with an address of as RELEASOR, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration as hereinafter identified, received from the TOWN OF WAPPINGER (hereinafter the `Town"), a municipal subdivision with an address of 20 Middlebush Road, Wappingers Falls, New York 12590 as RELEASEE, releases and discharges the RELEASEE, RELEASEE'S heirs, executors, administrators, successors and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the RELEASOR, RELEASOR'S heirs, executors, administrators, successors and assigns he/she ever had, now has or hereafter can, shall or may, have for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of this RELEASE. This RELEASE is specifically given in full satisfaction of all claims, actions, causes of action, suits or damages, in law, admiralty or equity, which against the Town , the undersigned ever had, or may have, by reason of the disconnection of the Well servicing our above-described property and connecting our property to the potable water supply owned by the Town of Wappinger and maintained by the Town of Wappinger through the United Wappinger Water District as set forth in the Consent and Waiver executed by the undersigned simultaneously herewith. This RELEASE excludes any repair work otherwise required by warranty for the work done by the Town's contractor. The words "RELEASOR" and "RELEASEE" include all RELEASORS and all RELEASEES under this RELEASE. This RELEASE may not be changed orally. In Witness Whereof, the RELEASOR has hereunto set RELEASOR'S hand and seal on the day of , 2015. In presence of L.S. L.S. 7.6.e UJ Cn U.1 UJ w UJ C3 U M R Packet Pg. W71 STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On the day of 2015, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On the day of 2015, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC 7.6.e Packet Pg. 97 Uj Cn U.1 w w w C3 U M R . .. . ............. . ..... . . ....... . S TENGER ROBERTS DAVIS & DIAMONDLLP 1136 Route 9 Wappingers Falls, New York 12590 September 8, 2015 (845) 298-2000 Town Board FAX (845) 298-2842 Town of Wappinger www.srddlaw.com 20 Middlebush Road e-mail: info@srddlaw.com Wappingers Falls, NY 12590 Attn: Hon. Barbara Gutzler, Supervisor Re: Hansen Associates v. 'Town of Wappinger Kenneth M. Stenger Elizabeth Battistoni and Dale Saul v. Town of Wappinger Albert P. Roberts Dear Supervisor Gutzler & Town Board Members: Thomas R. Davis Please be advised that the above referenced proceeding is a tax certiorari Stephen E. Diamond* matter for the assessment years 2012, 2013 and 2014. This proceeding involves 9 vacant parcels in common ownership located at Old Route 9, Lois Lane and Smithtown Road. The settlement involves 5 of those parcels. The Joan F. Garrett** original assessment for the 5 parcels in 2012 was $875,100. The original James P. Horan*** assessment for the 5 parcels in 2013 was $731,500, One parcel was sold. The assessment for the remaining parcels in 2.014 was $550,300. We have Ian C. Lindars agreed to reduce the total assessment to $569,000 in 2012; $565,000 in 2013; A.J. luele and $465,000 in 2014. With the current equalization rate at 100% this Darren H. Fairlie settlement reflects fair market value. This is supported by appraisal performed by the petitioner and the Town. There was not a proceeding commenced in 2015 for these parcels. There are 4 parcels that remain OF COUNSEL unsettled at this time. Scott L. Volkman Karen MacNish Enclosed is a resolution for your consideration, The Assessor will provide Jessica J. Glass you with his recommendation and refund analysis for your review and consideration. In addition, the refund will be payable without interest if paid within 90 days after service of the copy of the executed order and demand for PARALEGALS refund. I would appreciate your concurrence on this matter at the next Sandra Oakley available Town Board meeting. If you have any questions in the meantime, Dawn M. Paine please do not hesitate to contact me. Yours very traly� CLOSING COORDINATOR Maria L. Jones "'yy ST (im, RST AV.1$14k,-Dr�MX)ND, LLP "ALSO ADMIT I ED IN FL. & MA ALSO ADKAI Ir TED IN CT ALSO AOM17TED IN NJ SCOTT L. VOLKMAN SLV/dap Enclosure cc: Christian Harkins, Assessor Joseph P. Paolonijown Clerk Daniel Petigrow, Esq, I Packet Pg. 98 1 EP, 1136 Route 9 Wappingers Falls, New York 1'259O (845) 298-2000 FAX (845) 298-2842 www.srddlaw.com September 8, 2015 e-mail: info@srddlaw.com Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Kenneth M. Stenger Attn: Flon. Barbara Gutzler, Supervisor Albert P. Roberts Thomas R. Davis Re: Leemilts Petroleum c/o Global Montello Group Corp. 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 tax year 2013 and 2014. The property is owned by Leemilts Petroleum c/o Global Montello Group Corp. located at 1499 Route 9 Ian C. Lindars which currently has a Sunoco gas station and convenience mart. The A.J. luele petitioner has agreed to discontinue the 2013 and 2014 proceedings without reduction. They did not commence a proceeding in 2015 Darren H. Fairlie Since there is no reduction for the assessment years 2013 and 2014, there OF COUNSEL is no refund liability, Scott L, Volkman Karen MacNish I enclose herewith a resolution for your consideration at the next Town Jessica J. Glass Board meeting. Very truly -yours, PARALEGALS Sandra Oakley STE R, OBTS VIOIS & DIAMOND, LLP Dawn M. Paino Y Y �w .. . . . ... . ..... ov CLOSING COORDINATOR 'SCOTT L VOLKMAN Maria L. Jones SLV/dap Enclosure cc: Christian Harkins, Assessor ALSQ ADMITTED M FL & MA Joseph P. Paoloni, Town Clerk MESO ADMIITFD IN CT ... ALSO AMTrED IN NJ Daniel Petigrow, Esq. I Packet Pg. 99 1