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2011-08-22 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Monday, August 22, 2011 7:30 PM Town Hall 7:30 PM Meeting called to order on August 22, 2011 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Public Hearings Public Hearing on the Intended Use of Community Development Block Grant Funds and the Submission of the Grant Application for Fiscal Year 2012 V. Minutes Approval Monday, July 25, 2011 Monday, August 08, 2011 VI. Correspondence Log 2011-293. Resolution Authorizing the Acceptance of the Correspondence Log VII. Public Portion VIII. Discussions A. Buildings & Grounds Department Operations -Beale/Frasier (.•10) B. Acceptance of Roadways in Shamrock Hills Subdivision - Beale (.15) C. Use of Town Hall (Montclair Townhouse) - Beale (.-05) IX. Resolutions 2011-280. A Resolution Authorizing, Subject to Permissive Referendum, the Reconstruction and Repaving of Roads in and Throughout the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $ , and Authorizing the Issuance of $ Bonds of Said Town to Pay the Cost Thereof. 2011-264. Resolution Authorizing the Purchase of Recycle Center Supplies 2011-294. Resolution Authorizing Modification and Installation of New Town Hall Sign 2011-295. Resolution Authorizing Refund of Unused Escrow for Del-Tra Holdings, LLC Site Plan (Account 09-3193) 2011-296. Resolution Authorizing Purchase of 1 Wildwood Drive from County of Dutchess after In 'Rem Tax Foreclosure 2011-297. Resolution Accepting Easement for Palmateer Memorial Park and Approving Conceptual Plan 2011-298. Resolution Waiving Fees for Field Use for Charity Softball Tournament 2011-299. Resolution Authorizing Change Order No.1 for Little League Challenger Field 2011-300. Resolution Authorizing Transfer of Escrow from NYC DEP Shaft 6 (Account 11-3234) to NYC DEP Demo Permit for House (Account 10- 3214) 2011-301. Resolution Authorizing Refund of Unused Escrow for United Rental Site Plan (Accounts 08-3149/4034 & 10-6018PP) 2011-302. Resolution Authorizing Transfer of Escrow for MJD Enterprise from Account #10-6019 to Account #04-3082 2011-303. Resolution Authorizing Change Order No. 1 for Robinson Lane Baseball Dugout 2011-304. Resolution Accepting Roads, Easements, Utilities and Other Public Improvements Constructed in Connection with the Shamrock Hills Subdivision Together with Maintenance Agreement Secured by Surety Bond X. Items for Special Consideration XI. New Business XIL Executive Session A. Legal Advice on Personnel Issue B. Personnel Payroll Issue - Gutzler XIII. Town Board Review of Vouchers Town of Wappinger Page I Printed 811812011 Regular Meeting Agenda August 22, 2011 2011-305. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-306. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-307. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIV. Adjournment Town of Wappinger Page 2 Printed 8118/2011 Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ^• Minutes — Chris Masterson William Beale 845-297-5771 Monday, August 22, 2011 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Attorney to the Town Present Bob Gray Town of Wappinger Engineer to the Town Present Graham Foster Town of Wappinger Highway Superintendent i Present II. Salute to the Flag III. Adoption of Agenda Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni IV. Public Hearings Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Public Hearing on the Intended Use of Community Development Block Grant Funds and the Submission of the Grant Application for Fiscal Year 2012 Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. Town Clerk, Chris Masterson, offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Gutzler opened the floor to the public. There were no comments from the public. Councilman Beale expressed interest on exploring the opportunity of applying for the Community Development Block Grant for the extension of water and sewer infrastructure along Route 9 in the Fowlerhouse Road area. Councilman Bettina asked if the Town could consider using CDBG funds to pay for the DEP to bring water to Wappinger. With no further comments, Councilman Paoloni made a motion to close the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Town of Wappinger Page 1 Printed 8/26/2011 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE TOWN'S INTENDED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR CALENDAR YEAR 2012. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on June 28, 2011, your deponent posted a copy of the "Notice of Public Hearing on The Town's Intended Use of Community Development Block Grant Funds for Calendar Year 2012", on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. co fh—,n C. Masterson Town Clerk Town of Wappinger Swo t fore a 4th day of August, 2011 �+C NOTARY PUBLIC MARK LIEBERMANN Notary Public - State of New York No. 01 LIM1 M7 Qualified in Dutchess County My Commission Expires October 12, 2019 im SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBU$H RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #86761 State of NEW YORK County of DUTCHESS I, CYNTHIA MCDONALD'being duly sworn, depose and say: that'I am the Publisher's Representative of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 08/03/11. Sworn to before this 3rd day of August, 2011 Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 rougnuepjle-journat Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2011 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 1r,a day of Aug • in the year of --201 _ 1 and on the following dates thereafter, namely on: 0 910 • %W VV IV OF C And ending on the day o in the year of 2011 , both days inclusive. Su ribed sworn to before me this da of in the yparf 2011 _ y Notary My commission expires J / Z-0 NotarySE ANN SIM Publ c, State of SONNewYork No. 01 S16215893 Qualified in Dutchess County Commission Expires January 4, 2014 Regular Meeting Minutes August 22, 2011 V. M Minutes Approval Monday, July 25, 2011 Vote Record - Acceptance of Minutes for July 25,20116:30 PM far August 8, 20117:30 PM Yes/Aye Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter Barbara Gutzler Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ 13 ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Joseph Paoloni Seconder El ❑ ❑ ❑ Monday, August 08, 2011 ✓ Vote Record - Acceptance of Minutes far August 8, 20117:30 PM Yes/Aye No/Nay Abstain Absent Absent Barbara Gutzler Voter 0 ❑ ❑ ❑ 0 Accepted William1. Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Voter Joseph Paoloni Seconder 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2011-293 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 -2011-293 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. VII. Public Portion Motion To: open the floor for public portion RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Public Comments on the Agenda Items The first resident to speak was Gary Lindstrom. Mr. Lindstrom asked why the Town was buying the Absolute property. He also wanted to know what the Town planned to do with the property and how much it will cost to purchase. Al Roberts, Attorney to the Town, explained that the parcel will cost approximately $30,000. The money will be taken out of Parkland Trust. He added that the property will remain open space. There are some issues relative to water and sewer lines that are on, or close to, the property. Purchasing the parcel will get it off of the tax rolls and will prevent it from be purchased at public auction. Mr. Lindstrom asked how large the property is. Mr. Roberts answered that the property is approximately 5 acres. The area that contained the house was approximately 1/2 acre. He believes the zone is R-20. Councilman Paoloni noted that this is the smart move because it avoids a lot of potential costs. There could be a disagreement about who the owner of the sewer pipes is. He feels that this course of action is the best choice to avoid potential litigation. Mr. Roberts added that the Town Assessor, Town of Wappinger Page 2 Printed 812612011 Regular Meeting Minutes August 22. 2011 Christian Harkins, has reported the current assessment to be relatively nominal. That would translate to a Town tax of about $100. Councilman Beale commented on Resolution 2011-297. The Town has been working for over two years to build a memorial to Sgt. Mark Palmateer. Councilman Beale gave an update on the status of the memorial. He then introduced Matt and Marcy Maybohm. Mr. & Mrs. Maybohm are the organizers of the Mark Palmateer Memorial Tournament. The 2nd Annual Tournament was held on this past Memorial Day. Mr. & Mrs. Maybohm presented the Town with a check for $3600, which was raised in the course of the Mark Palmateer Memorial Tournament. Motion To: close the public portion RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czamiecki, Paoloni VIII. Discussions A. Buildings & Grounds Department Operations-Beale/Frasier (:10) Supervisor Gutzler opened the discussion at 7:42 PM. Councilman Beale noted that Steve Frazier, Supervisor of Buildings and Grounds, had asked that this item be discussed at a Town Board Meeting. Mr. Frazier addressed the Board. He noted that four parks were flooded and required repairs. He has also had utility failures at Martz field and Robinson Lane. These issues have depleted his operating budget. Martz field still has no power and Central Hudson is refusing to restore power until the damaged pole is replaced. The other issue at Martz field is the water supply. A 3/4 inch line was installed and is not supplying sufficient pressure to operate the toilets. Mr. Frazier had purchased the materials to do the line replacement. A similar issue was found at Robinson Lane. Discussion followed. Supervisor Gutzler recommended that the Board meet with Mr. Frazier, the Town Accountant and the Highway Superintendent to see how to deal with the remaining Buildings and Grounds issues in the most cost-effective way possible. Councilman Bettina noted that there is plenty of money in the Parkland Trust Fund to address these issues. Councilman Beale asked for a prioritized list of projects to address. Mr. Frazier will have the list prior to the next Town Board Meeting. Supervisor Gutzler closed the discussion at 7:48 PM. B. Acceptance of Roadways in Shamrock Hills Subdivision - Beale (:15) Supervisor Gutzler opened the discussion at 7:48 PM. He noted that he put this item on the Agenda for the Highway Superintendent, Graham Foster. Mr. Foster noted that the roads in the Shamrock Subdivision have been completed and have been inspected by Greg Bolner and himself. He feels that the roads should be inspected in a timely fashion so that they are ready for school busses and so that the residents can start receiving their mail. Councilman Bettina feels that he would like to hear from David Stolman, Town Planner, before any roads are accepted. Mr. Foster noted that 59 of the 62 homes in the Shamrock Subdivision have been built. He added that the Town has received the check from Toll Brothers for the purchase of a vactor. Toll also blacktopped the road to the pump station. Discussion followed. Supervisor Gutzler closed the discussion at 7:51 PM. C. Use of Town Hall (Montclair Townhouse) - Beale (:05) Supervisor Gutzler opened the discussion at 7:52 PM. Councilman Beale noted that Montclair has requested to use Town Hall. He asked why the Town is making the groups seek approval from the Town Board to use Town Hall. The Town Clerk, Chris Masterson, reminded Councilman Beale that the Town Board still hasn't developed a policy for Town Hall usage. Supervisor Gutzler noted some of the issues to be addressed in the policy. Councilman Beale stated that he does not object to Montclair using the Town Hall. Supervisor Gutzler noted that the Town Board needs to get moving on developing this policy. Mr. Masterson asked if the Board is approving the Montclair request. The Town Board agreed that they would approve the request is the fee has been paid, the insurance has been provided and someone has been lined up to open and close the building. Councilman Beale made a motion to allow Montclair Townhouse to utilize the facility as per the previous discussion. The motion was seconded by Councilman Paoloni and passed unanimously. Mr. Masterson confirmed that the application and payment has been received. Town of Wappinger Page 3 Printed 8/26/2011 Regular Meeting Minutes August 22, 2011 M Motion To: allow Montclair Townhouse to utilize the facility as per the previous discussion RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Gutzler, Beale, Bettina, Czamiecki, Paoloni Resolutions Motion To: bring up Resolution 2011-299 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni RESOLUTION: 2011-299 Resolution Authorizing Change Order No.1 for Little League Challenger Field WHEREAS, by Resolution adopted by the Town Board on June 20, 2011, the Town Board awarded a bid to Sun Up Enterprises, Inc., in the amount of $198,300.00 for the construction and installation of handicapped accessible baseball/softball (Challenger) fields and improvements at the Robinson Lane Sports Complex; and WHEREAS, Greg W. Bolner, P.E., of Clark Patterson Lee Design Professionals, Engineer for the Town for this project, has requested Change Order No. 1 to the Contract as per letter dated August 17, 2011. 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 approves Change Order No. 1 in the amount of Six Thousand, Four Hundred Sixty -Five Dollars ($6,465.00), dated August 17, 2011, for the Little League Challenger Field project between the Town of Wappinger and Sun Up Enterprises, Inc., resulting in a revised Contract sum in the amount of Two Hundred Four Thousand, Seven Hundred Sixty -Five Dollars ($204,765.00), for the reasons and associated costs set forth in a letter dated August 17, 2011, from Greg W. Bolner, P.E., of Clark Lee Patterson Design Professionals, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-299 8 Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. Motion To: bring up Resolution 2011-304 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Town of Wappinger Page 4 Printed 8/26/2011 Regular Meeting Minutes August 22, 2011 RESOLUTION: 2011-304 Resolution Accepting Roads, Easements, Utilities and Other Public Improvements Constructed in Connection with the Shamrock Hills Subdivision Together with Maintenance Agreement Secured by Surety Bond WHEREAS, Shamrock of Dutchess, LLC (hereinafter "Applicant") had previously made application to the Town of Wappinger Planning Board to approve a subdivision of two parcels of land more particularly described in a subdivision plat entitled "Shamrock Hills Subdivision Plan", prepared by Povall Engineering, PLLC, dated September 12, 2003, and last revised September 26, 2005, which plat has been filed in the Dutchess County Clerk's Office as Filed Map # 11963; and WHEREAS, the Town of Wappinger Planning Board granted Final Subdivision Plat Approval, by Resolution dated November 7, 2005, which was amended by Resolution adopted August 7, 2006, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolutions, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Plat and related Contract Drawings, including dedication of the roads, easements and other public improvements, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code; and WHEREAS, Toll Land VI Limited Partnership acquired title to the subdivision from the Applicant and has completed development of the subdivision, including all of the improvements as required by the Resolution of Final Subdivision Plat Approval; and WHEREAS, the Applicant has tendered to the Town of Wappinger an Irrevocable Offer of Cession and Dedication for Roads A, B, C, D & E, Snow Easements and Sewer, Storm Sewer and Water dated August 21, 2006, which was recorded in the Dutchess County Clerk's Office on August 30, 2006, as document number 02 2006 7108; an Irrevocable Offer of Cession and Dedication for Water and Sewer Improvements located in Kendell Farms Conservation Park District dated August 21, 2006, which was recorded in the Dutchess County Clerk's Office on August 30, 2006, as document number 02 2006 7110; and a Supplemental Irrevocable Offer of Cession and Dedication dated October 15, 2007, which was recorded in the Dutchess County Clerk's Office on October 15, 2007, as document number 02 2007 7431, all in recordable form and approved by the Attorney to the Town, Albert P. Roberts, by letters dated August 22, 2006, and October 9, 2007, respectively; and WHEREAS, the Town Board has determined it is in the best interest of the residents of the Town of Wappinger, particularly the residents of the Shamrock Hills Subdivision, to accept the roads, easements, utilities and other public improvements that have been constructed in accordance with the original Resolution of Final Subdivision Plat Approval and the above mentioned Irrevocable Offers of Cession and Dedication; and WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, Toll Land VI Limited Partnership is required to guarantee that the quality and workmanship of the improvements accepted by the Town will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town, as well as to guarantee the maintenance of the plantings in the stormwater basins; and WHEREAS, to guarantee the quality and workmanship of the aforementioned public improvements, Toll Land VI Limited Partnership, has agreed to execute a Maintenance Agreement secured by a Surety Bond issued by Hartford Fire Insurance Company, bearing number 39BSBFU0721, issued in favor of the Town of Wappinger in the principal sum of One Million Three Hundred Four Thousand Dollars ($1,304,000.00). 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 determines that it is in the best interest of the residents of the Town of Wappinger, particularly the residents of the Shamrock Hills Subdivision, to accept the roads and related easements, utilities and other public improvements made and constructed in connection with the Shamrock Hills Subdivision and, the Town Board hereby accepts same upon delivery of the original Maintenance Agreement and Surety Bond above mentioned. 3. The Town Supervisor, Barbara A. Gutzler, Engineer to the Town, Greg Bolner, and Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds and easements referenced in the aforementioned Offers of Cession and Dedication, recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary for such recording and/or filing, upon a determination that the aforesaid documents are delivered free and clear of any liens or encumbrances and are Town of Wappinger Page 5 Printed 8/26/2011 Regular Meeting Minutes August 22, 2011 otherwise in compliance with the Town's Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code. 4. The Maintenance Agreement executed on August 17th, 2011, by Toll Land VI Limited Partnership, with an address of 60 Merritt Boulevard, Fishkill, New York, 12524, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the roads and other public improvements will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town as required by the Subdivision Regulations of the Town of Wappinger. 5. The Surety Bond issued by Hartford Fire Insurance Company, bearing number 39BSBFU0721, issued in favor of the Town of Wappinger in the principal sum of One Million, Three Hundred Four Thousand Dollars ($1,304,000.00), securing the obligations set forth in the Maintenance Agreement, is hereby accepted as security for the Maintenance Agreement. 6. The Town Board acknowledges that the developer, Toll Land VI Limited Partnership, has completed all of the work required by the Planning Board's Resolution of Final Subdivision Plat Approval, dated November 7, 2005, which was amended by Resolution adopted August 7, 2006, and that the Performance Agreement executed by Toll Land VI Limited Partnership on August 23, 2006, has been fully honored, and the Town Board hereby authorizes the Town Clerk to release the original Performance Agreement secured by Surety Bond issued by Hartford Fire Insurance Company, bearing number 39BSBDT0495, in favor of the Town of Wappinger in the original principal sum of Six Million, Five Hundred Ninety Four Thousand Dollars ($6,594,000.00), and thereafter reduced to the sum of Seven Hundred Seventy One Thousand, Five Hundred Dollars ($771,500.00) upon the Town Clerk's receipt of the above referenced Maintenance Agreement secured by Surety Bond in the sum of One Million, Three Hundred Four Thousand Dollars ($1,304,000.00) in the form acceptable to the Attorney to the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-304 Yes/Aye No/Nay Abstain Absent D Adopted Barbara Gutzler Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Ismay Czamiecki Voter B ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-280 A Resolution Authorizing, Subject to Permissive Referendum, the Reconstruction and Repaving of Roads in and Throughout the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $250,000, and Authorizing the Issuance of $250,000 Bonds of Said Town to Pay the Cost Thereof. 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 and repaving of roads in and throughout the Town of Wappinger, Dutchess County, New York, including sidewalks, curbs, gutters, landscaping, grading or improving the rights of way, as well as incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $250,000. Such roads to specifically include, but not be limited to, the following: Edgehill Drive, Shale Drive. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $250,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Town of Wappinger Page 6 Printed 8/26/2011 Regular Meeting Minutes August 22, 2011 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 five 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 i£ 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. 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 -2011-280 0 Adopted Yes/Aye NO/Nay Abstain Absent Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Initiator El ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-264 Resolution Authorizing the Purchase of Recycle Center Supplies WHEREAS, the Town Board adopted a Fee Schedule for the Town of Wappinger Recycle Center on June 13, 2011, through Resolution 2011-221; and WHEREAS, the Town Supervisor solicited bids from various entities to include the Town of Wappinger Page 7 Printed 8/26/2011 -0 Regular Meeting Minutes August 22, 2011 County of Dutchess, internet printing companies and local printing firms for the purchase of the quantity of 2500 passenger vehicle and 250 trailer plastic window visor hanging insignias; and WHEREAS, the Town Supervisor presented such bids through Resolution 2011-253, at a cost not to exceed Eight Hundred Ninety -Four Dollars and 09/100 ($894.09); and WHEREAS, the Town Board, after deliberation, and with advice from the Highway Superintendent, chose to alter the permit from plastic window visor hanging insignias to stickers affixed to the vehicle or trailer; and WHEREAS, the Town Supervisor was authorized by the Town Board on July 11, 2011, through the motion of the Town Board, to gain estimates of cost for stickers that affix to the permitted vehicle; and WHEREAS, the Town Supervisor gained from the Town Clerk an invoice for printing the formerly utilized Town of Wappinger Recycle Center stickers in the amount of $347 for 500 stickers, or $.69/sticker; and WHEREAS, the Town Supervisor has gained the following estimates of cost for 2" x 3" "white plus 1 color polyester parking static cling stickers": Ouantity Purpose Unit Cost Total 2500 Passenger/Truck $.15 $375.00 250 Trailer $.74 $185.00 Total $560.00 WHEREAS, the Town Board hereby authorizes the Acting Town Supervisor and/or Town Clerk to solicit bids for the purchase of 2500 passenger/truck vehicle and 250 trailer 2" x 3" "white plus 1 color polyester parking static cling stickers" in substantial conformance with Addendum 1 as provided with this resolution; and WHEREAS, the Town Board hereby authorizes the issuance of a Purchase Order to purchase 2500 passenger/truck vehicle and 250 trailer 2" x 3" "white plus 1 color polyester parking static cling stickers" in accordance with the Town of Wappinger Procurement Policy, Chapter 46, of the Town of Wappinger Town Code, in an amount not to exceed Six Hundred Dollars ($600.00) from Budget Line A8162.400 (Recycle Center/Contract). 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 Acting Town Supervisor and/or Town Clerk to solicit bids for the purchase of 2500 passenger/truck vehicle and 250 trailer 2" x 3" "white plus 1 color polyester parking static cling stickers." 3. The Town Board hereby authorizes the issuance of a Purchase Order to purchase 2500 passenger/truck vehicle and 250 trailer 2" x 3" "white plus 1 color polyester parking static cling stickers" in accordance with the Town of Wappinger Procurement Policy, Chapter 46, of the Town of Wappinger Town Code, in an amount not to exceed Six Hundred Dollars ($600.00) from Budget Line A8162.400 (Recycle Center/Contract). The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-264 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ 11❑ ❑ Adopted as Amended William Beale Initiator 0 13 ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-294 Resolution Authorizing Modification and Installation of New Town Hall Sign WHEREAS, the Hughsonville Fire District Board of Fire Commissioners has upgraded the sign located in front of the Hughsonville Fire Station; and WHEREAS, the illuminated sign previously utilized by the Hughsonville Fire Department was declared surplus by the Hughsonville Fire District Board of Fire Commissioners; and WHEREAS, the surplus sign is in working condition and was donated to the Town of Wappinger; and Town of Wappinger Page 8 Printed 8/26/2011 Regular Meeting Minutes August 22, 2011 WHEREAS, the surplus sign requires basic modifications to remove fire department lettering and insignias and to apply Town of Wappinger lettering; and WHEREAS, the surplus sign requires installation, replacing the existing Town Hall sign. NOW, THEREFORE, BE IT RESOLVED, Town Board authorizes the Town Supervisor to execute a contract with Sign Language, Inc., of Poughkeepsie, New York, in the amount of $1,780.00 for the modification and installation of a new Town Hall sign. The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2011-394 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ 0 ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ 0 Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-295 Resolution Authorizing Refund of Unused Escrow for Del-Tra Holdings, LLC Site Plan (Account 09-3193) WHEREAS, on or about September 25, 2009, Nick DeLuccia, as a Member of Del-Tra Holdings, LLC (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 09-3193; and WHEREAS, on or about November 13, 2009, the Applicant deposited Four Thousand, Three Hundred Twenty -Eight Dollars ($4,328.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, an additional deposit in the amount of Four Thousand, Six Hundred Fifteen Dollars and 501100 ($4,615.50) was made on October 20, 2010; and WHEREAS, the project has been withdrawn by the Applicant by letter dated June 14, 2011; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of One Thousand, Six Hundred Fifty -Two Dollars ($1,652.00) remains in escrow account number 09-3193 and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. 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 authorizes a refund to the Applicant in the amount of One Thousand, Six Hundred Fifty -Two Dollars ($1,652.00) in escrow account number 09- 3193, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-295 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-296 Resolution Authorizing Purchase of 1 Wildwood Drive from County of Dutchess After in Rem Tax Foreclosure WHEREAS, the County of Dutchess has obtained title to a certain parcel of real property located within the Town of Wappinger after In Rem Tax Foreclosure proceedings which property is commonly known as 1 Wildwood Drive, Town of Wappinger, New York, bearing tax Town of Wappinger Page 9 Printed 8126/2011 Regular Meeting Minutes August 22, 2011 grid # 135689-6158-02-870777-0000; and WHEREAS, pursuant to Land Disposition Policy of the County of Dutchess adopted pursuant to Resolution 244 of 1997 of the Dutchess County Legislature which allows municipalities within the County of Dutchess to purchase parcels acquired by the County of Dutchess pursuant to In Rem Tax Foreclosure proceedings by paying all back real estate taxes and other related expenses incurred by the County; and WHEREAS, the subject parcel has been the subject of much litigation concerning the validity of an "open space" designation placed on the parcel in consequence of a subdivision approval granted by the Town of Wappinger Planning Board in 1963; and WHEREAS, the United States Court of Appeals for the Second Circuit, as well as the New York State Court of Appeals, have confirmed the validity of the "open space" designation on the parcel; and WHEREAS, the "open space" designation requires that this parcel remain in an undeveloped condition; and WHEREAS, the Town Board has determined that the acquisition of the subject parcel would be in the best interests of the residents of the Town of Wappinger as well as the general safety and welfare of the Town; and WHEREAS, the County of Dutchess has advised that the total amount due to acquire said parcel is approximately $31,244.17 (exclusive of any taxes levied pursuant to the 2011 assessment rolls), provided same is paid on or before September 1, 2011, otherwise additional interest and fees will be imposed; and WHEREAS, the County of Dutchess has scheduled a sale of all parcels acquired through In Rem Tax Foreclosure proceedings for October 4, 2011; and WHEREAS, the Town Board has undertaken an environmental review of this action and has caused a Short Form Environmental Assessment Form to be prepared and has determined that there are no negative environmental impacts associated with the acquisition of this parcel. 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 determines that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and 3. The Town Board determines that the Proposed Action is an action for which there are no other Involved Agencies and the Town Board is therefore, by default, Lead Agency for this action. 4. Based on its review of the Short Form EAF and the information contained therein, the Town Board hereby determines that there are no negative environmental impacts associated with the Proposed Action (the purchase of the above- mentioned parcel) and the Town Board hereby makes a Negative Determination of Significance for the proposed action. 5. The Town Board hereby determines that it is in the best interest of the Town to purchase the parcel known as 1 Wildwood Drive bearing tax grid # 135689-6158- 02-870777-0000 on or before September 1, 2011, in accordance with the Land Disposition Policy of the County of Dutchess, on condition that title to said parcel is insurable by a title insurance company licensed to do business in the State of New York, subject to standard exceptions, and in accordance with the conditions of this Resolution. 6. The Town Board further directs the Attorney to the Town, Albert P. Roberts, to procure a title insurance policy in the amount of $50,000.00 in favor of the Town of Wappinger insuring title to the subject property subject to standard exceptions. 7. The Town Board hereby authorizes an amount not to exceed $37,000.00 to acquire the subject parcel which sum is to include all sums due the County of Dutchess, related fees, recording charges, title insurance and other costs and expenses associated with the acquisition of this parcel; payment to be made to the County of Dutchess within sixty (60) days of delivery of a certified copy of this Resolution to the Commissioner of Finance. 8. The Town Board further authorizes the Town Supervisor, Barbara A. Gutzler, to execute any and all documents necessary for the acquisition of the subject parcel and the recording of deeds and related documents. Town of Wappinger Page 10 Printed 8/26/2011 Regular Meeting Minutes August 22, 2011 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-296 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-297 Resolution Accepting Easement for Palmateer Memorial Park and Approving Conceptual Plan WHEREAS, Greer Nine Realty Corp. (hereinafter "GREER") is the owner of certain premises located on US Route 9 near its intersection with Old Hopewell Road in the Town of Wappinger, which premises are hereinafter referred to as the "GREER PARCEL"; and WHEREAS, the GREER PARCEL is leased to DCH Investments Inc. (New York) and is subleased to DCH NY Motors, LLC d/b/a DCH Wappingers Falls Toyota (hereinafter collectively referred to as "DCH") who operates a car dealership thereon pursuant to written lease agreement between GREER and DCH; and WHEREAS, DCH, with the consent of GREER, conceptually agrees to grant to the Town, subject to such terms and conditions as are negotiated and approved by DCH and the Town, a perpetual easement for the purposes of establishing a war memorial park to be known as the "PALMATEER MEMORIAL PARK"; and WHEREAS, the Town has commissioned the design of the park, which shall include a piece of the steel from the World Trade Center destroyed by terrorist attack on September 11, 2001; and WHEREAS, the Town has conceptually approved a design for the PALMATEER MEMORIAL PARK; and WHEREAS, the Town Board hereby wishes to authorize a ceremonial ground breaking on September 11, 2011, the tenth year anniversary of the terrorist attack on the World Trade Center. 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 acceptance of a permanent easement for the purposes of establishing the PALMATEER MEMORIAL PARK located on the DCH Wappingers Falls Toyota site on US Route 9, Old Route 9, at its intersection with Old Hopewell Road, upon terms to be hereinafter negotiated. 3. The Town Board hereby authorizes attorney to the Town, Albert P. Roberts, to negotiate and draft the necessary permanent easement in proper form for recording in the Dutchess County Clerk's office. 4. The Town Board acknowledges receipt of a letter from Lee Burns, General Manager of DCH Wappingers Falls Toyota, identifying the conditions pursuant to which DCH and GREER would conceptually be willing to grant the permanent easement to the Town, subject to the terms and conditions to be negotiated by GREER, DCH and the Town, said terms to include, but not be limited to the following: • DCH/GREER reserves the right to place and store snow and ice in the easement area during inclement weather. • The Town will provide Indemnification and a Hold Harmless Agreement in connection with the use and implementation of the war memorial. • The Town is to maintain in effect in perpetuity such liability and other insurance, and with minimum coverage limits, as are negotiated by the Town and DCH prior to the transfer of the easement, which names DCH as the named insured or additional insured, and complies with such other terms and conditions as are acceptable to DCH. • The Town shall be responsible for paying the costs of purchasing and installing an electric meter at the site, as well as the costs of electric or other utility services, commencing from the date of the grant of easement. • The Town will properly maintain all lawns, landscaping and monuments in good order. • Such other terms and conditions as DCH and the Town negotiate. 5 The Town Board hereby schedules a ceremonial ground breaking ceremony on Sunday, September 11, 2011 at a time to be announced. Town of Wappinger Page 11 Printed 8/26/2011 0 Regular Meeting Minutes August 22, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-297 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-298 Resolution Waiving Fees for Field Use for Charity Softball Tournament WHEREAS, the Poughkeepsie Woman's Slow -pitch Softball League and Miles of Hope Breast Cancer Foundation are holding a charity softball tournament on October 1& 2, 2011 (raindate: October 8 &9); and WHEREAS, the Poughkeepsie Woman's Slow -pitch Softball League and Miles of Hope Breast Cancer Foundation are requesting use of 3 softball fields at the Robinson Lane Recreation Complex for a two day tournament; and WHEREAS, the Poughkeepsie Woman's Slow -pitch Softball League and Miles of Hope Breast Cancer Foundation are requesting permission to serve hot and cold food; and WHEREAS, the Poughkeepsie Woman's Slow -pitch Softball League and Miles of Hope Breast Cancer Foundation are requesting that facility and field fees be waived for this charity event, as they were last year. NOW, THEREFORE, BE IT RESOLVED, that the Poughkeepsie Woman's Slow - pitch Softball League and Miles of Hope Breast Cancer Foundation are hereby authorized to utilize the necessary fields for this charity event and are authorized to serve hot and cold food, with any and all town facility or field fees waived. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-298 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ El ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-300 Resolution Authorizing Transfer of Escrow from NYC DEP Shaft 6 (Account 11-3234) to NYC DEP Demo Permit for House (Account 10-3214) WHEREAS, on or about August 30, 2010, NYC DEP (hereinafter the "Applicant") deposited One Thousand, Five Hundred Dollars ($1,500.00) into an escrow account under Application Number 10-3214 with the Town of Wappinger for payment of application review fees in connection with the NYC DEP Demo Permit for House project; and WHEREAS, on or about June 2, 2011, the Applicant deposited Five Thousand Dollars ($5,000.00) into an escrow account under Application Number 11-3235 with the Town of Wappinger for payment of the fees of the Town's professionals in connection with the NYC DEP Shaft 6 project; and WHEREAS, the current balance in Account #10-3214 is in arrears by Three Hundred Forty -Five Dollars (-$345.00) and the current balance in Account #11-3234 is Twenty Four Thousand, Thirty -Seven Dollars and 52/100 ($24,037.52), and Applicant has requested a transfer of Three Hundred Forty -Five Dollars ($345.00) from Account #11-3234 to Account #10-3214, by letter dated August 5, 2011; and WHEREAS, the transfer into escrow Account #10-3214 would leave a balance of Town of Wappinger Page 12 Printed 8/26/2011 Regular Meeting Minutes August 22, 2019 Twenty Three Thousand, Six Hundred Ninety -Two Dollars and 52/100 ($23,692.52) in escrow Account #11-3234 as of the date of this Resolution. 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 authorizes a transfer of Three Hundred, Forty -Five Dollars ($345.00) from escrow Account #11-3234 into escrow Account #10-3214 in satisfaction of the account's arrearage. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-300 0 Adopted - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Voter 0 ❑ ❑ 0 ❑ Tabled Vincent Bettina Seconder 0 ❑ 0 ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ 0 Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-301 Resolution Authorizing Refund of Unused Escrow for United Rental Site Plan (Accounts 08-3149/4034 & 10-6018PP) WHEREAS, on or about January 31, 2008, Phil Shuluk, on behalf of United Rental, Inc. (hereinafter the "Applicant"), filed an application for Site Plan Approval under Application Number 08-3149/4034; and WHEREAS, on or about January 2, 2008, the Applicant deposited Seven Thousand, Five Hundred Dollars ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, additional deposits in the amounts of Five Thousand, Seven Hundred Thirteen Dollars and 35/100 ($5,713.35) and Three Thousand, Two Hundred Thirty -One Dollars and 70/100 ($3,231.70) were respectively made on March 16, 2009, and September 1, 2009; and WHEREAS, the application was approved and the Resolution of Approval was signed by the Planning Board Chairman on March 2, 2009; and WHEREAS, on April 14, 2010, a post planning review escrow Account, #10-6018PP, was opened by transferring the amount of Three Thousand, Five Hundred Dollars ($3,500.00) from application review escrow Account #08-3149/4034; and WHEREAS, there was no further review of the application because the Applicant went out of business; and WHEREAS, all professional fees incurred during the review of the applications have been paid and a balance of Four Hundred Seventy -Eight Dollars and 11/100 ($478.11) remains in escrow Account #08-3149/4034, and a balance of Three Thousand, Five Hundred Dollars ($3,500.00) remains in escrow Account #10-6018PP, and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. 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 authorizes a refund to the Applicant in the total amount of Three Thousand, Nine Hundred Seventy -Eight Dollars and 11/100 ($3,978.11) from escrow Accounts #08-3149/4034 and 10-6018PP, representing the unused escrow balances for the above project. Town of Wappinger Page 13 Printed 8/26/2011 Regular Meeting Minutes August 22, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-301 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated VincentBettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-302 Resolution Authorizing Transfer of Escrow for MJD Enterprise from Account #10-6019 to Account #04-3082 WHEREAS, on or about February 2004, MJD Enterprises (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 04-3082; and WHEREAS, on or about June 2010, a post planning escrow account was opened under Application Number 10-6019PP, for post planning review for Site Plan Approval; and WHEREAS, the application review escrow Account #04-3082 is currently in arrears by Two Thousand, Two Hundred Ninety -Two Dollars and 20/100 (-$2,292.20); and WHEREAS, the post planning escrow Account #10-6019PP currently has a balance of One Thousand, Three Hundred Ninety -Five Dollars ($3,395.00); and WHEREAS, the Applicant wishes to withdraw the project and close out both of the aforesaid escrow accounts by transferring One Thousand, Three Hundred Ninety -Five Dollars ($1,395.00) from post planning escrow Account #10-6019PP to the application review escrow Account #04-3082, in addition to submitting a check in the amount of Eight Hundred Ninety - Seven Dollars and 20/100 ($897.20) to cover the additional arrears in Account #04-3082; and WHEREAS, the transfer from the post planning escrow Account #10-6019PP into the application review escrow Account #04-3082 and the additional check provided by the Applicant would leave a zero ($0.00) balance in both the application review escrow account and the post planning escrow account as of the date of this Resolution. 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 authorizes a transfer of One Thousand, Three Hundred Ninety -Five Dollars ($1,395.00) from the application review escrow Account #10-6019PP into the post planning escrow Account #04-3082, in addition to accepting a check from the Applicant in the amount of Eight Hundred Ninety - Seven Dollars and 20/100 ($897.20) to cover the additional arrears in the application review escrow Account #04-3082, thereby leaving a zero ($0.00) balance in both escrow accounts. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-302 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ El ❑ Tabled Ismay Czamiecki Seconder 0 El ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-303 Resolution Authorizing Change Order No. 1 for Robinson Lane Baseball Dugout WHEREAS, by Resolution No. 2011-218, adopted by the Town Board on June 13, 2011, the Town Board awarded a bid to J. Lyons Contracting, in the amount of $13,940.00, for the Town of Wappinger Page 14 Printed 8/26/2011 Regular Meeting Minutes August 22, 2011 construction of baseball dugouts at Robinson Lane Park; and WHEREAS, Paul Pilon, of S&P Architects, P.C., Architect for the Town, has requested Change Order No. 1 to the Contract for the Robinson Lane Baseball Dugout, as per memo dated August 15, 2011. 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 approves Change Order No. 1 in the amount of Two Thousand, Five Hundred Dollars ($2,500.00), dated August 16, 2011, for the Robinson Lane Baseball Dugout project between the Town of Wappinger and J. Lyons Contracting, Inc., resulting in a revised Contract sum in the amount of Sixteen Thousand, Four Hundred Forty Dollars ($16,440.00), for the reasons and associated costs set forth in a memo dated August 15, 2011, from S&P Architects, P.C., a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-303 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ p ❑ Tabled Vincent Bettina Voter 0 0 0 0 ❑ Withdrawn Ismay Czarniecki Seconder 0 0 ❑ ❑ Joseph Paoloni Voter 0 0 0 0 Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. X. New Business Councilman Beale New Business Councilman Beale noted that he will be giving a check for $3000 to the Town Clerk. The check was from the Community Foundations of the Hudson Valley, the foundation that organized the Mark Palmateer Memorial Tournament. Councilman Bettina New Business Councilman Bettina noted that there is incorrect information on the Poughkeepsie Journal website pertaining to the Town of Wappinger elected officials. He would like the Supervisor to send a letter to the Poughkeepsie Journal to have the information updated. Councilman Beale added that there is incorrect information for other towns on the Poughkeepsie Journal website as well. Councilman Paoloni New Business Councilman Paoloni gave an update on the 18 Montfort Road house. Counsel has informed him that the owner has applied for all of the permits and paid for all of the funding. However, there is little that the Town can do to expedite the remedy of the situation. Al Roberts, Attorney to the Town, gave a more detailed update. Councilman Paoloni asked if there is anything else that the Town Board can do to expedite these situations, so that these eyesores are not permitted to remain around the Town. Mr. Roberts answered that there are periodically places that are in states of disrepair. Discussion followed. Councilman Bettina New Business Councilman Bettina asked the Engineer to the Town, Bob Gray, when he would be getting back to him with the study on Beechwood Circle. Mr. Gray answered that he had a brief meeting last week with Mike Tremper, Supervisor Gutzler and Al Roberts, Attorney to the Town. Mr. Tremper is away this week, but he will be providing feedback on the draft report. Councilman Bettina would like to get this on an Agenda as a discussion item. Mr. Gray stated that it should be ready for a certain Meeting in September. Supervisor Gutzler New Business Supervisor Gutzler noted that she has received a notice from the Village of Wappingers Falls for a 9/11 candlelight vigil that they will be holding at Mesier Park, from 6:30PM to 8:30PM, on September 11th, 2011. Town of Wappinger Page 15 Printed 812612011 Regular Meeting Minutes August 22, 2011 XI. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni A. Legal Advice on Personnel Issue B. Personnel Payroll Issue - Gutzler Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni XII. Town Board Review of Vouchers RESOLUTION: 2011-305 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 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: r Claim Packet: 2011 -RR Vendor A (General Townwide) DB (Highway) Platt's County Locksmith $250.00 Home Depot $124.26 Signal Graphics $159.60 James Baisley $810.00 BAS $1,400.00 Sarjo Industries $87.92 Poland Springs $152.99 Shenandoah Robe Co. $449.69 Totals $2,624.46 $810.00 Town Board $3,434.46 I, John C. Masterson, 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 of August 22, 2011, 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. Town of Wappinger Page 16 Printed 8/26/2011 Regular Meeting Minutes August 22, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-305 A (General Townwide) AM (Ambulance) B (General PartTown) CBG (Challenger) CAMO Pollution 0 Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated $64.40 Reardon Briggs $109.36 ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ $62.67 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-306 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 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: 2011 - PP Vendor A (General Townwide) AM (Ambulance) B (General PartTown) CBG (Challenger) CAMO Pollution Central Hudson $141.47 Central Hudson $2,785.96 NYComco $427.00 Poughkeepsie Journal $64.40 Reardon Briggs $109.36 Royal Carting $18,345.48 Frontier $22.59 Southern Dtc News $62.67 Signal Graphics $158.86 Signal Graphics $83.44 Sedore & Company $2,396.00 George Silvestri Thompson West $222.96 Al Roberts $495.00 $1,188.00 $49.50 Al Roberts $396.00 Al Roberts $924.00 Al Roberts $5,576.01 $1,925.00 Al Roberts $82.50 Al Roberts Al Roberts $1,320.00 Al Roberts $313.50 Al Roberts $761.00 Al Roberts Al Roberts AI Roberts $115.50 Carquest $10.23 Route 82 Sand & Gravel Ruge's Parts Center Atlantic Pavement NOCO Energy Momma's Towing Town of Wappinger Page 17 Printed 8/26/2011 1 Regular Meeting Minutes August 22, 2011 General Code $622.30 HR LC LD Justice Court Fund $19,770.75 Tilcon Central Hudson Tilcon Central Hudson Grainger $80.58 $864.00 $2,483.44 NYComco Staples $22.20 Staples $49.53 Staples $72.60 Zee Medical $60.92 Royal Carting David Varco Frontier David Varco Southern Dtc News Wells Fargo $349.65 Wells Fargo $325.59 Ralph Holt $40.29 Aflac D & D Doors $155.00 Diamond Snake Excav $700.00 Transcare $32,916.66 John Masterson $200.00 Orrick, Herrington Duality $2,805.00 Stormwater Management Stormwater Management Stormwater Management Stormwater $50.00 Management GreatAmerica $580.50 Leasing Delta Dental $1,393.07 $225.38 Service Tire Truck Ctr Dutchess Propoint $3.50 Sarjo Industries $254.42 Sweeper Parts Uni select $7.52 Uni Select $11.90 Uni Select $19.02 Uni select $79.12 Uni select $9.44 A Copy A Second $366.52 William DeCandido Totals $56,246.59 $32,916.66 $9,488.04 $416.02 Vendor DB (Highway) HR LC LD LH CAMO Pollution Central Hudson Central Hudson $80.58 $864.00 $2,483.44 NYComco $1,340.00 Poughkeepsie Journal Reardon Briggs Royal Carting Frontier Southern Dtc News Town of Wappinger Page 18 Printed 8/26/2011 Regular Meeting Minutes August 22, 2011 Signal Graphics Signal Graphics Sedore & Company George Silvestri Thompson West Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Carquest Route 82 Sand & Gravel Ruge's Parts Center Atlantic Pavement NOCO Energy Momma's Towing General Code Justice Court Fund Tilcon Tilcon Grainger Staples Staples Staples Zee Medical David Varco David Varco Wells Fargo Wells Fargo Ralph Holt Aflac D & D Doors Diamond Snake Excav Transcare John Masterson Orrick, Herrington Duality Stormwater Management Stormwater Management Stormwater Management Stormwater Management GreatAmerica Leasing Delta Dental $87.20 $528.00 $198.00 $20.73 $1,139.99 $9.44 $13,796.00 $1,236.12 $75.00 $784.18 $663.34 $470.70 $400.00 $53.99 Town of Wappinger Page 19 Printed 8/26/2011 I 1 Regular Meeting Minutes August 22, 2011 Service Tire Truck Ctr $482.92 Dutchess Propoint Sarjo Industries Sweeper Parts $509.70 Uni select Uni Select Uni Select Uni select Uni select A Copy A Second William DeCandido $54,600.00 Totals $21,795.31 $54,600.00 $80.58 $864.00 $2,483.44 Vendor SU (United Sewer) T16 (Aflac) T33 (Parkland) T92 (Escrow) T96 (Escrow) WU (Wapp United) CAMO Pollution $1,000.00 Central Hudson Central Hudson NYComco Poughkeepsie Journal Reardon Briggs Royal Carting Frontier Southern Dtc News Signal Graphics Signal Graphics Sedore & Company George Silvestri Thompson West Al Roberts Al Roberts Al Roberts Al Roberts $165.00 $577.50 Al Roberts Al Roberts $907.50 Al Roberts Al Roberts Al Roberts Al Roberts $231.00 Al Roberts $198.00 Al Roberts $1,732.50 $181.50 Carquegt Route 82 Sand & Gravel Ruge's Parts Center Atlantic Pavement NOCO Energy Momma's Towing General Code Justice Court Fund Tilcon Tilcon Grainger Staples Staples Staples Zee Medical David Varco David Varco Wells Fargo Wells Fargo Ralph Holt Aflac $291.30 Town of Wappinger Page 20 Printed 8/26/2011 Regular Meeting D & D Doors Diamond Snake Excav Transcare John Masterson Orrick, Herrington Duality Stormwater Management Stormwater Management Stormwater Management Stormwater Management GreatAmerica Leasing Delta Dental Service Tire Truck Ctr Dutchess Propoint Sarjo Industries Sweeper Parts Uni select Uni Select Uni Select Uni select Uni select A Copy A Second William DeCandido Totals Minutes $3,815.00 3.00 1 $291.30 1 $165.00 $100.00 $225.00 $50.00 107.50 1 $181.50 August 77_ 7011 $1,716.00 I, John C. Masterson, 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 of August 22, 2011, 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 -2011-306 A (General Townwide) B (General PartTown) Jaclyn Smith-Imm $405.96 Amazon 0 Adopted Wilson Oil Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter (� ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ Tabled Vincent Bettina Voter RI ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder a ❑ ❑ ❑ Joseph Paoloni Voter a p Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-307 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 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: 2011-QQ Vendor A (General Townwide) B (General PartTown) Jaclyn Smith-Imm $405.96 Amazon $19.95 Wilson Oil $822.95 Town of Wappinger Page 21 Printed 8/26/2011 11 Regular Meeting Minutes August 22, 2011 Jones School Supply $91.75 Uni-Select $54.19 Uni-Select $9.95 Millbrook Fence $2,650.00 Abstain Johnathan Kruk $700.00 Barbara Gutzler DC Reg Chamb Comm $50.00 ❑ I, John C. Masterson, 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 of August 22, 2011, 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 -2011-307 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 8 ❑ ❑ ❑ El Defeated William Beale Initiator 0 ❑ p ❑ El Tabled Vincent Bettina Voter 0 ❑ ❑ 13 ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ p Jose h Paoloni Voter 0 p ❑ 0 Dated: Wappingers Falls, New York August 22, 2011 The Resolution is hereby duly declared adopted. t XIII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni The meeting adjourned at 9:29 PM. r�/ /'John C. C. Masterson Town Clerk I own oJ Wappinger Page 22 Printed 8/26/2011