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2017-08-21Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, August 21, 2017 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM William Ciccarelli Town of Wappinger Councilman Present 7:30 PM John J. Fenton Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:30 PM Al Roberts Consultant Attorney Present 7:30 PM II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Accept Minutes 1. Motion To: Acknowledge Minutes of Julv 10, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Acknowledge Minutes of July 20, 2017 Town of Wappinger Page 1 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz V. Correspondence Log RESOLUTION: 2017-138 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-138 Correspondence L - 20,17-0 -21 Number To From Date Date Rec" I Re: Agenda Date 88,21-881 Town Board Town Com roller 7/17/2817 7/17/20117 Warrant 2817 CC DB BB FF GG HH II EE 8/21/2817 88 21 882 Town Board Robert J Gra 7/18/2817 7/18/2817 Tovvn Road Pavin 2817 8/21/2817 88-21-883 Town Board Ralph Holt / Jessica Fulton 7/18/2817 7/18/2817 Request for Community Day Refunds 8/21/2817 88-21-884 Town Board Heather L Kitchen 7/11/2817 7/14/2817 Monthly Justice Report for June 2817 8/21/2817 88,21-01075 Town Board LeeAnne Freno 7/17/2817 7/17/2817 Monthly Realty Tax Report for June 2817 8/21/2817 88,21-888 Su emsior Jiava Sophie Wisdo 7/3/2817 7/17/2817 Incident with Animal / Jerry Cloven 8/21/2817 88,21-887 Town Board Carl S. Wolfson 7/19/2817 7/19/2817 Monthly Justice Report for June 2817 8/21/2817 88,21-888 Town Board Ken Cruise 7/28/2817 7/24/20117 Villa e of Wappinqers Fall/Backflow Preventer 8/21/2817 98,21-889 Town Board Kim Flower 7/27/2817 7/28/20171 Request Approval to Connect to Water System 8/21/2817 98,21-919 Joseph P. Paoloni Barbara Roberti 7/31/2817 7/31/2817 Performance & Maintenance Bonds Auq 2817 8/21/2817 88,21-811 Town Board LeeAnne Freno 8/3/2817 8/3/2817 Monthly Realty Tax Report for July 2817 8/21/2817 88,21-812 Town Board Carl S. 'Wolfson 8/2/2817 8/4/2817 Monthly Justice Report for July 2817 8/21/2817 88,21-813 Town Board Heather L Kitchen 8/2/2817 8/4/2817 Monthly Justice Report for July 2817 8/21/2817 88,21-814 Su enfisor Jiava Krysty Ginader 8/8/2817 8/9/2817 Safety Concern / Corner of Bell Air & Mina Gr. 8/21/2817 88,21-815 Bridget Barclay Rebecca S. Crist 8/8/2817 8/9/2817 Permit Modiflcation / Airport Drive 'Water Main 8/21/2817 88,21-818 Su enfisor Jiava Beckmann Appraisals 7/21/2817 8/1020171 Federal Aid Projects 8/21/2817 88-21-817 Town Board Peter B. Setaro 8116/20171 8/15/2817 ESB Renovation Project 8/21/2817 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 -2017-138 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Mover Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 2 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 2. Motion To: Amend Resolution 2017-64 to Donate Town Land to County Along Old Hopewell Road Supervisor Jiava asked to Amend Resolution 2017-64, calling for compensation, to instead donate 2 parcels of Town Land Along Old Hopewell Road to Dutchess County because municipalities cannot sell land to each other. Resolution 2017-64 is online through the town website in both Laserfiche and under Town Board minutes. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VI. Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Discussions 1. Motion To: Authorize the Eagle Scout Candidate to Proceed with his Project Kenneth Mauer Junior came forward to discuss his Eagle Scout project. His plans are to restore the area surrounding the Kenneth Brown memorial at Castle Point Park, starting at the end of September through to October. He will put a gravel bed and small trees at that location costing about $500. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 3 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 2. Motion To: Set Escrow of $7,500 for the Hackensack Heights Route 376 Gas Station project 3. Mr Neushwat and Mr. Lepine addressed the board with regards to the 376 Gas station and its rezone to a potential gas station and convenience store. Planner David Stolman, suggested referring to the planning board. A motion was made to set the escrow at $7,500. They agreed to keen a 50 foot buffer to the existing residents along Hackensack Heights Road. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Update on Highway Legal Expenses and Budget Review Frederick Awino approached the board. He explained the selected revenue and expense items year-to-date and what would be expected by year-end. A summary follows: As shown above all discussed Rental and Mortgage Tax revenue accounts are expected to be unfavorable to budget whereas the Fines and Sales Tax line items are expected to be favorable to budget as detailed by Comptroller Awino. State -Aid revenue sharing is expected to be at budget of $266,000. On the expense side the Attorney (including Highway legal fees) expense account is within budget; but, Engineering Fees are expected to be unfavorable to or over budget. Note that Highway Legal Expenses are incorporated in the A Fund Attorney line. Mr. Awino agreed to a breakout of just highway legal expenses, but informed the board that Highway personnel legal expenses are charged to the A fund and are not legal expenses associated with Highway items. Councilman Fenton said that he is concerned that if normal highway legal expenses were say Town of Wappinger Page 4 Printed 911412017 Percent Expected Favorable/ 2017 YTD Year -End Favorable/ (Un -Favorable) Budget Receipts Balance (Un -Favorable) To Budget Fund Rental of Real Properrty $ 182,000 $ 103,520 $ 155,000 $ (27,000) -15% A Fines and Forfeited Bail 275,000 235,857 400,000 125,000 45% A State Aid - Mortgage TaX 450,000 99,052 396,000 (54,000) -12% A Sales Tax 736,586 469,419 844,000 107,414 15% B or DB Totals $1,643,586 $ 907,849 $1,795,000 $ 151,414 9% Percent Favorable/ 2017 YTD Favorable/ (Un -Favorable) Budget Expenses (Un -Favorable) To Budget Fund Engineering Fees $ 90,000 $ 168,697 $ (78,697) -87% A Attorney - which Incl Highway 130,000 115,377 14,623 11% A Totals $ 220,000 $ 284,074 $ (64,074) 23% As shown above all discussed Rental and Mortgage Tax revenue accounts are expected to be unfavorable to budget whereas the Fines and Sales Tax line items are expected to be favorable to budget as detailed by Comptroller Awino. State -Aid revenue sharing is expected to be at budget of $266,000. On the expense side the Attorney (including Highway legal fees) expense account is within budget; but, Engineering Fees are expected to be unfavorable to or over budget. Note that Highway Legal Expenses are incorporated in the A Fund Attorney line. Mr. Awino agreed to a breakout of just highway legal expenses, but informed the board that Highway personnel legal expenses are charged to the A fund and are not legal expenses associated with Highway items. Councilman Fenton said that he is concerned that if normal highway legal expenses were say Town of Wappinger Page 4 Printed 911412017 Regular Meeting Minutes August 21, 2017 $12,000 then why they would be higher this year. Councilman Beale asked for breakdown of each fund balance. 4. Review Status of Request For Exploratory Interest on Carnwath Property COMMENTS - Current Meeting: Supervisor Jiava put together a timeline of the Request For Exploratory Interest on the Carnwath property. The documents are attached as communications to the Media Traq System and published at the end of the attached public minutes. 5. Carnwath Aerial Topography Map COMMENTS - Current Meeting: The document is attached as communications to the Media Traq System and published at the end of the attached public minutes. 6. Carnwath Easement Deed COMMENTS - Current Meeting: The Carnwath Easement Deed document is attached as communications to the Media Traq System and published at the end of the attached public minutes. VIII. Resolutions RESOLUTION: 2017-139 Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Rite Aid Corporation WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2016 by Rite Aid Corporation regarding parcels of real property located at 1602 Route 9 and 1604 Route 9, Grid No. 6158-15-538272 and Grid No. 6158-04-542293 seeking a reduction in the 2016 tax assessments for the 2016/2017 tax roll; and WHEREAS, the petitioner has agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and Special Counsel has recommended a discontinuance of this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a discontinuance of the proceeding on behalf of the Town of Wappinger of the tax review proceedings for the year 2016 as it pertains to: Grid No.: 6158-15-538272 Year Original Total Assessment Reduction in Assessment Final Assessment 2016/2017 1 $150,000 -0- $150,000 Grid No.: 6158-04-542293 YearOriginal Total Assess mentReducti on in Town of Wappinger Page 5 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 AssessmentFinal Assessment 2016/2017 $1,700,000 -0- $1,700,000 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-139 Revised Total Reduction Assessment Assessment 2016 $240,000 $125,000 $115,000 2017 $240,000 $110,000 $130,000 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Mover Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-140 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Michael Treybich WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2016 and 2017 by Michael Treybich regarding real property located at 2667 East Main Street, Village of Wappingers Falls, Grid 46158-14-302265-0000 seeking a reduction in the 2016 and 2017 tax assessments for the 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 years 2016 and 2017, as it pertains to: Grid 46158-14-302265-0000 Year Original Total Revised Total Reduction Assessment Assessment 2016 $240,000 $125,000 $115,000 2017 $240,000 $110,000 $130,000 ; and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. Town of Wappinger Page 6 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-140 Revised Total Assessment Reduction 2014 $240,000 $155,000 $ 85,000 2015 $240,000 $100,000 $140,000 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Mover Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-141 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Alfred Rabasco WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2014, 2015 and 2016 by Alfred Rabasco regarding real property located at 170 Airport Drive in the Town of Wappinger, Grid 46259-04-870494-0000 seeking a reduction in the 2014, 2015 and 2016 tax assessments for that 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 years 2014, 2015 and 2016, as it pertains to: Grid 46259-04-870494-0000 Year Original Total Assessment Revised Total Assessment Reduction 2014 $240,000 $155,000 $ 85,000 2015 $240,000 $100,000 $140,000 2016 $240,000 $100,000 $140,000 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-141 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Town of Wappinger Page 7 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-142 Resolution Appointing Account Clerk WHEREAS, the Town Board of the Town of Wappinger has a vacancy for the position of Account Clerk as the result of the unfortunate passing of long time Town employee Susan M. Randall; and WHEREAS, the Town Board desires to fill the Account Clerk vacancy; and WHEREAS, a certified civil service list exists for the position of Account Clerk and the Town has canvassed such list; and WHEREAS, the Town Board is satisfied that Shu -wen Lu, who is reachable on such civil service list, is qualified for the position of Account Clerk. NOW, THEREFORE, BE IT RESOLVED, that the Town Board appoints Shu -wen Lu to the position of Account Clerk at the pay rate of $18.35 per hour; and BE IT FURTHER RESOLVED, that this appointment shall be subject to a probationary term of not less than 8 weeks and not more than 26 weeks, pursuant to applicable civil service regulations; and BE IT FURTHER RESOLVED, that all terms and conditions of Mr. Lu's employment shall be subject to the provisions of the Collective Bargaining Agreement between the Town and Teamsters Local 445; and BE IT FURTHER RESOLVED, that the Town Supervisor, or her designee, is authorized to complete and file with the Dutchess County Department of Human Resources all paperwork required by that office in connection with this appointment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-142 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Seconder Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-143 Resolution Authorizing Expenditure Of Town Funds To Replace Damaged Plantings At The Entrance Of Edgehill Subdivision Town of Wappinger Page 8 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 WHEREAS, there is a sign and landscaping at the entrance to the Edgehill Subdivision located at the intersection of Edgehill Drive and All Angels Hill Road, and located within the road Right -of -Way; and WHEREAS, the landscaping plantings were damaged during the course of emergency repairs to a Town sewer line; and WHEREAS, the Edgehill Civic Beautification Group has volunteered to undertake the planting of new shrubs and bushes to replace those that were damaged, on the condition that the Town pay for the cost of the shrubs and bushes. 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 authorizes an expenditure of $500.00 to purchase the plants and shrubs identified in a handwritten letter from Louis DiCocco of the Edgehill Civic Beautification Group dated July 13, 2017, a copy of which is affixed hereto. A representative of the Edgehill Civic Beautification Group will accompany a Town employee to Adams Fairacre Farms to purchase the plantings and utilize the Town's account so that there will be no sales tax collected. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-143 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Seconder Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-144 Resolution Confirming Roads To Be Resurfaced And Authorizing Amendment To Agreement Pursuant To Section 284 Of Highway Law WHEREAS, the Town Board budgeted the expenditure of $220,000 for the paving and resurfacing of Town roads in 2017; and WHEREAS, in accordance with the budget allocation, the Town Superintendent of Highways and the Town Board agreed to resurface Brothers Road, a total of 1.47 miles, pursuant to Resolution 2017-11 adopted on May 8, 2017; and WHEREAS, as required by Section 284 of the Highway Law, the Town Board and the Highway Superintendent executed the "Agreement for the Expenditure of Highway Moneys" for the paving/resurfacing work to be done on Brothers Road; and WHEREAS, at the direction of the Town Board, Robert J. Gray, P.E., Engineer to the Town, met with Highway Superintendent Bettina to determine additional roads to be repaved and/or resurfaced in calendar year 2017; and Town of Wappinger Page 9 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 WHEREAS, said Robert J. Gray, P.E., by letter dated July 10, 2017, recommended that the following roads be repaved this year, with the concurrence of the Highway Superintendent, as set forth in his letter of July 10, 2017; and WHEREAS, the repaving/resurfacing of the roads is consistent with the Town Board's goal of repaving/resurfacing approximately 5 miles of road per year. 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 hereby concurs with the recommendation set forth in the letter of Robert J. Gray, P.E. dated July 10, 2017, a copy of which is affixed hereto. 3. The Town Board concurs that the roads to be paved/resurfaced for calendar year 2017 are as follows: • Cameli Drive - .3 miles; • Pleasant Lane - .10 miles; • Ketchamtown Road - 1.9 miles; • Dorothy Heights - .42 miles; • Pine Hills Drive - .24 miles; • Robert's Road - .35 miles; • Pippin Lane - .31 miles; • Brother's Road - 1.4 miles (Brother's Road had been previously approved by Resolution 2017-11 adopted May 8, 2017). 4. The Town Board further directs that the previous Agreement executed by the Town Board pursuant to Highway Law Section 284 be amended to include all of the above - referenced roads. 5. The Town Board acknowledges that it has directed the Town's Bond Counsel to prepare a Bond Resolution in the amount of $650,000 to fund the cost of repaving/resurfacing of the aforementioned Town's roads. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-144 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Seconder Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-145 A Resolution Authorizing, Subject To Permissive Referendum, The Reconstruction Of Roads Throughout And In And For The Town Of Wappinger, Dutchess County, New York, At A Maximum Estimated Cost Of $650,000, And Authorizing The Issuance Of $650,000 Bonds Of Said Town To Pay The Cost Thereof Town of Wappinger Page 10 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act as a Type II Action, have been performed; and WHEREAS, it is now desired to authorize such capital project and its financing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The reconstruction of roads throughout and in and for the Town of Wappinger, Dutchess County, New York, including incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $650,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $650,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed rive years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year unless paid from other revenues. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Town of Wappinger Page 11 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper(s) of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-145 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-146 Resolution Awarding Airport Park Fence Replacement Project WHEREAS, Steven Frazier, Town of Wappinger Supervisor of Buildings & Grounds, solicited written proposals for the replacement of fencing at the Airport Park pursuant to the Town's Procurement Policy; and WHEREAS, the following proposals were received: Company Total Adams Fences $20,795 Decar Fence $21,716 Millbrook Fence $23,950 Rommel Fence $30,034 WBE Fence $35,650 WHEREAS, by email dated July 27, 2017 from Steven Frazier, Supervisor of Buildings & Grounds, it has been determined that the lowest responsible proposal is from Adams Fences, Inc. with a proposal in the amount of $20,795. 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 of Wappinger hereby awards the Airport Park fence replacement to Adams Fence, Inc. for the amount of $20,795. 3. The Town Board determines that the cost of the fence replacement is considered a complete replacement which qualifies as a capital improvement and is eligible to be funded from the Parkland Trust Funds account. Town of Wappinger Page 12 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 The Town Board hereby authorizes the Supervisor of Buildings & Grounds and the Supervisor to prepare a voucher for payment to Adams Fence, Inc. upon installation of the fence in accordance with the proposal and further authorizes the Supervisor of Buildings & Grounds to notify Adams Fence, Inc. to proceed with the work in accordance with their proposal. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-146 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-147 Resolution Rejecting All Bids And Authorizing The Solicitation Of New Bids For Emergency Services Building Renovation Project WHEREAS, by Resolution 2017-107 adopted by the Town Board on May 22, 2017, the Town Board authorized the Engineer to the Town to advertise for bids, pursuant to General Municipal Law § 103, to undertake the necessary renovation work required for the Emergency Services Building, owned by the Town and Located at 16 Middlebush Road; and WHEREAS, the Town Board had previously determined that the proposed renovations to the Emergency Services Building was a Type II action pursuant to 6 NYCRR § 617.5(c)(1) and § 617.5(c)(6) and is exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA); and WHEREAS, the bids for the Emergency Services Building Renovation Project were duly solicited for public bid and bids were opened on July 17, 2017; and WHEREAS, there were a limited number of bids that were received for the project; and WHEREAS, the Engineer to the Town has recommended that all bids be rejected for the reasons set forth in his letter to the Town Board dated August 14, 2017, a copy of which is affixed hereto; and WHEREAS, the Town Board hereby determines that it is both prudent and in the best interest of the Town of Wappinger to reject all bids received in connection with the Emergency Services Building Renovation Project and solicit new bids for this project. 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 hereby accepts the recommendation of the Engineer to the Town, Robert J. Gray, P.E., as set forth in his letter dated August 14, 2017, and hereby rejects all bids submitted and received on July 17, 2017 for the Emergency Services Building Renovation Project. Town of Wappinger Page 13 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 3. The Town Board authorizes the Engineer to the Town, with assistance from the Attorney to the Town, if necessary, to resubmit the Emergency Services Building Renovation Project for rebidding and advertise for bids pursuant to General Municipal Law § 103, the Town's Procurement Policy and the Town's Code, Rules and Regulations, based on revised plans and specifications as prepared by the Engineer to the Town, as recommended in the aforementioned letter dated August 14, 2017, and report to the Town Board the results of such bidding. 4. The Town Board further recommends that the Assistant to the Supervisor advertise for bids as quickly as law permits, in conjunction with recommendations from the Engineer to the Town. 5. The Town Board further authorizes the Engineer to the Town and the Assistant to the Supervisor to utilize the services of "BidNet" and to post the Notice to Bidders and associated bid documents on the Town's website in an effort to reach the greatest number of potential bidders. 6. All sealed bids shall be submitted to the Town Clerk in accordance with the bidding instructions and shall be publicly opened by the Town Clerk and read out loud at the time set forth in the Notice to Bidders. 7. After receipt of the bids, the Town Board shall award the contract for the project is accordance with General Municipal Law § 103, reserving the right to reject any and all bids in accordance with applicable law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-147 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Seconder Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-148 Resolution Rescinding Prior Bid Award And Authorizing The Solicitation Of Bids For The Tall Trees Water Emergency Interconnection To The United Wappinger Water District (UWWD) WHEREAS, Engineers to the Town, Morris Associates Engineering & Surveying Consultants, PLLC, solicited written quotes through a "Proposal Request for the Town of Wappinger United Wappinger Water District Tall Trees Emergency Interconnection" dated October 2016; and WHEREAS, on November 14, 2016, the Town of Wappinger awarded a contract for work for the Tall Trees Water Emergency Interconnection to Thomas Gleason, Inc., Poughkeepsie, NY in accordance with the letter recommendation of Robert J. Gray, P.E. dated November 14, 2016; and Town of Wappinger Page 14 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 WHEREAS, a review of the request for proposal determined that the solicitation for bids did not comply with the requirements of General Municipal Law §103-d and Labor Law § 220-d and therefore the bid award is a nullity so new bids must be solicited. 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 of Wappinger hereby rescinds the bid awards to Thomas Gleason, Inc., of Poughkeepsie, NY as being a nullity. The Town Board hereby authorizes Morris Associates Engineering & Surveying Consultants, PLLC to prepare new bid specifications for the Town of Wappinger United Wappinger Water District Tall Trees Emergency Interconnection and to solicit bids for such project in accordance with the provisions of Article 5 of the General Municipal Law and Labor Law § 220-d. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-148 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Mover Q ❑ ❑ ❑ El Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-149 Resolution Authorizing Supervisor To Execute Amendment No. 3 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" WHEREAS, the New York City through its Department of Environmental Conservation (hereinafter "NYC DEP") and the Town of Wappinger (hereinafter the "Town") are parties to an Agreement dated August 31, 2012, as amended by Amendment Nos. 1 and 2 (the "Agreement"), pursuant to which the Town was obligated to construct a water main to NYC DEP's construction site, and, to the extent that funding is available, to install a new water distribution system in the Chelsea Hamlet area, which would expand the existing water district; and WHEREAS, pursuant to Section 9(C) of the Agreement, the Town has requested DEP's approval to use unspent funds from the Total Eligible Cost (as defined in the Agreement) to connect certain homes in the vicinity of the construction site to the water main installed pursuant to the Agreement, and DEP has agreed to this request; and WHEREAS, DEP and the Town have agreed to further amend the terms of the Agreement all as set forth in Amendment No. 3 to the Agreement, a copy of which is annexed hereto. 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 15 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 2. The Town Board Members acknowledge they have read and hereby approves Amendment No. 3 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". The Town Board hereby authorizes and directs the Supervisor to execute Amendment No. 3 by and on behalf of the Town of Wappinger in substantially the same form as annexed hereto upon notification by NYC DEP that the City Corporation Counsel has approved the Agreement and that the Agreement has been registered pursuant to Section 328 of the New York City Charter. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-149 Rental Rate Blaw Knox PF 3200/Bomag CR 362 paver with 2 Screedman and Operator 445.00 10 Ton Vibratory Roller 140.00 6 Ton Vibratory Roller 140.00 3 Ton Vibratory Roller Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-150 Resolution Approving Machinery And Equipment Rental Rates For Use By The Highway Department Pursuant To Highway Law § 143 WHEREAS, pursuant to § 143 of the Highway Law, Highway Superintendent, Vincent F. Bettina has investigated rental rates for various equipment that is required by the highway department for calendar year 2017; and WHEREAS, the proposed machinery and equipment rental rates, including operator, are itemized and identified in a letter from the Superintendent of Highways dated August 16, 2017 a copy of which is affixed hereto; and WHEREAS, the machinery and equipment rental rates, including operator, procured by the Highway Superintendent are not subject to competitive bidding but are subject to Town Board approval pursuant to Highway Law §143; 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 hereby approves the following machinery and equipment rental rates: Equipment Rental Rate Blaw Knox PF 3200/Bomag CR 362 paver with 2 Screedman and Operator 445.00 10 Ton Vibratory Roller 140.00 6 Ton Vibratory Roller 140.00 3 Ton Vibratory Roller 130.00 Skidsteer with Milling Head 145.00 Town of Wappinger Page 16 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 Skidsteer with Sweeper Attachment 125.00 Single Axle 10 Ton Dump Truck 90.00 Tri Axle 24 Ton Dump Truck 110.00 30 Ton Dump Trailer 125.00 34 Ton Flow Boy 140.00 7 foot Roadtrack Milling Machine with 2 operators (Daily rental for 8 hours) 5,000.00 Milling Machine Mobilization Setup Fee 500.00 All rental rates include Fuel and Operator. All rates are per hour except as noted. 3. Payments for all rentals shall be made on Vouchers signed by the Superintendent of Highways as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-150 ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ El Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2017 The Resolution is hereby duly declared Adopted. IX. Items for Special Consideration/New Business 1. Motion To: Extend Coverage for the Receiver of Taxes by Deputy Clerk Robinson Surpevisor Jiava asked to amend the August 10th meeting floor vote to compensate Deputy Clerk Robinson to cover for the Receiver of Taxes up until September 1st, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz X. Executive Session 1. Motion To: Enter Executive Session Town of Wappinger Page 17 Printed 9/14/2017 Regular Meeting Minutes August 21, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XI. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:54 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 18 Printed 9/14/2017