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2012-03-12 RGMLIV. V. Call to Order Attendee Name Organization Title.... Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present William Beale Town of Wappinger CouncilmanPresent ... Vincent Bettina Town of Wappinger . Councilman Late7:38 PM .. Ismay Czarniecki Town of Wappinger Councilwoman Absent Michael Kuzmicz Town of Wappinger Councilman _ Present Graham Foster _. _ Town of Wappinger Highway Superintendent Present Al Roberts Town of Wappinger Town Attorney Present Bob GrayTown of Wappinger 1 Town Engineer Present Salute to the Flag Adoption of Agenda Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Barbara Cutzler, William Beale, Michael Kuzmicz ABSENT: Vincent Bettina, Ismay Czarnecki Minutes Approval Monday, February 13, 2012 ✓ Vote Record - Acceptance of Minutes forfebruary 13 2012 7:30 PM Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter 0 ❑ ❑ ❑ 0 Accepted Witham Beale Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter❑ ❑ ❑ ❑ 0 ❑ Tabled Ismay Czarniecki Voter ❑ ❑ ❑ 0 Michael Kuzmicz Initiator 0 ❑ ❑ ❑ Monday, February 27, 2012 ✓ Vote Record - Acceptance of Nitutes for February 27 2012 7:30 PM Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Seconder 0 ❑ ❑I'll ❑ ❑ Accepted as Amended Vincent Bettina Voter ❑ ❑ ❑ 11 0 ❑ Tabled Ismay Czarnecki Voter ❑ ❑ ❑ 0 Michael Kuzmicz Initiator 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2012-108 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: Town of Wappinger Page I Printed 312112012 Town Board Meeting Minutes March 12, 2012 1y/ I i� Vote Reiaird =Resolution RES -2012-108 Open the Floor to the Public RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman ® Adopted . ABSENT: Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale seconder ..... ® p ❑ p ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter ❑ ❑ ❑ 0 Michael KuzmICZ Initiator ❑ ❑ p Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. Public Hearings Motion To: Open the Floor to the Public RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: ' Barbara Gutzler, William Beale, Michael Kuzmicz ABSENT: Vincent Bettina, Ismay Czarniecki "Local Law No. _ of the Year 2012, Chapter 133, Flood Damage Prevention" Town Clerk, Christine Fulton, offered for the record the Affidavits of Posting and Publication, for the Public Hearing, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). The first resident to speak was Mary Schmalz. She asked Supervisor Gutzler to explain the Local Law. Supervisor Gutzler state that it was an extensive Local Law but basically it is a law that it is an update of the Flood maps from FEMA, Federal Emergency Management Administration. RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Michael Kuzmicz ABSENT: Vincent Bettina, Ismay Czarnecki Town of Wappinger Page 2 Printed 3/21/2012 J i TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING AMENDMENT OF THE ZONING LAW TOWN OF WAPPINGER" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) Christine Fulton, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 17, 2011, your deponent posted a copy of the "Notice of Public Hearing on the adoption of, Local Law _of 2012, Chapter 133, Flood Damage Prevention, for the purpose of correctly referencing the revised Flood Insurance Rate Map recently completed by the Federal Emergency Management Agency.", on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Christine Fulton Town Clerk Town of Wappinger arch, 2012 )72z; e a 2nd day of M MARK LIEBERMANN NOTARY PUBLIC Notary Public - State of New York No. 0106199007 Qualified in Dutchess County My Commission Expires October 12, 2013 SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #87204 State of NEW YORK - SS: 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 02/22/12. an - Sworn to before me this 22nd day of February, 2012 NANCY HYDPKE Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County. My commission expires on June 14, 2014 MOF FER'2=3 2012 TOWN CLERK u ?0-4gtt�eepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICA State of New Yo County of Dutchess City of Poughkeepsie RRC ENE10 MAR 0 2 2012 PJ OF WAPPINGER TOWN CLERK 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 2012 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 29th day of Feb. in the year of 2012 and on the following dates thereafter, namely on: Arid ending on the day of in *thheearf 2012 both days inclusive. d d sworn to before me this day of in theyew of 2012 yPublC�SeNota Public, of w York Qualifi d in Dui hess93 ab"ission Expires.lanef—..ACounty^ Town Board Meeting VII. Public Portion Minutes March 12, 2012 Motion To: Open the Floor for Public Comment RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Michael'Kuzmicz ABSENT: Vincent Bettina, Ismay Czarniecki Public Comment Supervisor Gutzler opened the floor for public comment. She asked that the public keep their comments brief since there are a lot of people, that they come to the front and state their name and address for the record. The first resident to speak was Mary Schmalz. She referred to a document in the correspondence log that pertained to rezoning and low income housing. She stated that the town has low income housing. Ms. Schmalz stated that what the town needs is medium income housing. The seniors are leaving because it needs medium income housing. She then reminded the board that March 20`" is the Town's Birthday and that the town will be 137 years old. Supervisor Gutzler state that March 20'' is also the Village of Wappingers Falls elections. Councilman Bettina asked the Supervisor if she would allow two constituents to speak pertaining to a noise issue they have. Supervisor Gutzler stated that normally comments are held to agenda items only. Councilman Beale stated that he had no objection as long as they yield to the residents that have comments relevant to agenda items. Councilman Bettina stated that the board is working on a stricter noise ordinance and that they just haven't been able to go forward with it. He stated that the residents' had a complaint about a noise issue He then invited the residents to speak. The residents, Thomas Senior, Barbara Senior and Jim Alishevsky explained that they have a problem with a homemade quad and dirt bike trail in the neighborhood. The neighbor rides all day and they are forced to listen to the noise. Mrs. Senior stated that she was surprised to see that the noise ordinance is in effect from lam to Bpm. She understood that a new noise ordinance was going to be adopted and wrote the Supervisor and Councilman Bettina a letter stating their concerns. She added it's going to make for an awful summer listening to the noise since it's only March and they had to listen to the noise all day. Supervisor Gutzler asked the Town Attorney, Al Roberts, if the residents had any recourse. Mr. Roberts explained that they could call the police, but as Councilman Bettina stated they are in the process of adopting a new noise ordinance and in it there will be provisions as to the level of noise during the waking hours. Mr. Senior stated that it's more than waking hours; the noise is disturbing his quality of life. Councilman Bettina stated that the board and the planner are looking into a more restrictive ordinance but as of now their hands are tied. Mr. Alishevsky stated that the resident, with the dirt bikes, property abuts his property. That resident is also riding on Locus Drive which is a paper road and thinks he shouldn't be riding on that road either. He added that technically half of the road belongs to him. Councilman Bettina stated that it was probably a civil matter. The Town Attorney, Al Roberts, stated that if the road has not been dedicated than generally the abutting land owners own to the center line. It probably would be a civil matter. He added that the ordinance will involve training of individuals with sound meters and it is just getting to its final stages now. He thinks it should be ready to be introduced in April. Mr. Alishevsky cited a penal code to which Mr. Roberts stated that the town doesn't enforce penal law that is a civil matter. Councilman Beale questioned at what point it becomes trespassing. Mr. Roberts explained that a paper road is being offered to the municipality until it is accepted the title of it rest with the abutting land owners. He added that if the land owners posted it, trespassing could then be enforced. Councilman Beale questioned where the track was located. The resident stated that it was on the owner's property. Councilman Bettina stated that he understood that it was on private property but he was trying to find some relief for these residents. Discussion continued Motion To: Close the Floor to the Public Town of Wappinger Page 3 Printed 3/21/2012 LTJ Town Board Meeting Minutes March 12, 2012 Motion To: Close the Floor to the Public RESULT: ADOPTS MOVER: Vincent B, SECONDER: Michael K AYES: Barbara G ABSENT: Ismay Cu VIII. Discussions vANIMOVS] , Councilman -z, Councilman William Beale, Vincent Bettina, Michael Kuzmicz U A. Presentation: E.J. Prescott Co. re Water Meters for the Town :20 Mike Tremper, from Camo Polution Control, explained the meters the Town currently uses and how they work. He stated that the system currently being used is 30 years old and is obsolete. In order to replace parts Debbie Brown, water and sewer billing clerk, has been calling other municipalities to get equipment that they are no longer using. He added soon there won't be any parts available. Mark Brady, the regional manager for E.J. Prescott Company, explained the operation of the old meters and functions. He stated that the meters have disks that oscillate as the water goes through. The minerals in the water slow the disks down, which affect the register on the meter, slowing it down. Although the parts can be changed, the parts now costs as much as the meter. The new meter has magnets which oscillate it's polarities inside and measures the ions. The old meter measures a'/ gallon of water, the new meter measures 1/32 of a gallon. These new meter integrate the technology now as well as into the future. Supervisor Gutzler stated that the replacement of the meters is needed. There are about 2500 meters in the town that are leaking and the parts are no longer available. She stated that people are using excessive water and it is affecting the resident's bill because they are being charged for water that other people are using. The Board asked E.J. Prescott Company to speak to the board because they feel the meters really need to be updated. Mr. Brady explained that the technology now will go from the touch read to electronically reading using a walk -by hand held device to putting a device in vehicle and getting 800 readings in an hour without going on a residents property and lastly will be able to have Ms. Brown pull the reads from an area without leaving her desk. He stated that the meters are all adoptable to the new technology. Councilman Bettina stated that he would like to see a benefit analyst done. Councilman Beale questioned if the town had the ability to find out what the unaccountable use of water is. Mr. Tremper stated that it would be a lot of effort by Debbie. They did do analyst a few years ago for the budget process. They came up with 85% accountability. He stated that the town needs a system that can read the meters. Supervisor Gutzler stated that if the meters can't be read the resident is charged the minimum and in some cases they are being charged too much in some not enough. Councilman Beale questioned if the town has 85% accountability why in this economical times do they need to replace the meters. Mr. Tremper stated that water is an important commodity and you want to keep a handle on it. People should be paying for what they use. If there isn't an accurate metering system in place it will be hard to create a pay as you go system. He added that Debbie is still sending out cards for the resident to read their own meters. Discussion continued. Councilman Kuzmicz thanked Mr. Tremper for his quick response to the Pye Lane water issue. B. Rebuilding Together fee waivers - Gutzler :05 Supervisor Gutzler stated that Rebuilding Together has a list of homes that they will be working on and they have asked to have the building fees waived. They will still need to get the permits but the fees will be waived. Supervisor Gutzler made the motion to waive the fees seconded by Councilman Kuzmicz. All were in favor. Motion To: Wave Fees for Rebuilding Together RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmicz ABSENT: Ismay Czarnecki C. Septic repairs at the Emergency Services Building - Gutzler :10 Supervisor Gutzler state that the septic pipe for the Emergency Service building rotted. She commended Steve Frasier and John Sullivan for the work that they did outside. The problem was that the pipe inside the building is rotted and broke through the concrete and needs to be replaced and that time is of the essence. The State Troopers have to move to the Transcare portion of the Town of Wappinger Page 4 Printed 3/21/2012 Town Board Meeting Minutes March 12. 2012 building. Al Roberts, Town Attorney, explained that in an emergency, the situation can be handled in the manner the Supervisor sees fit. In an emergency the competitive bidding policy is waived. He added that if they see fit, they should declare an emergency get the quotes under the direction of Bob Gray and Steve Frasier, then get the work done. Supervisor Gutzler questioned how she declares an emergency. Mr. Roberts stated that the board can adopt a resolution declaring an emergency at the Emergency Service building in connection with the required pipe repairs for the septic discharge. Supervisor Gutzler stated The Town Board declares an emergency at the Emergency Services Building for the purpose of the emergency repairs to the in ground piping system leading to the septic. The motion was made by Councilman Beale, seconded by Councilman Kuzmicz all where in favor. Steve Frasier thanked Mike Tremper from Camo Polution for sending guys over to help them get it back on line. Supervisor Gutzler thanked Steve and John again for their work Motion To: Declare an Emergency at the Emergency Services Building for the Purpose of Repairs for the in Ground Piping System Leading into the Building. RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmicz ABSENT: Ismay Czarnecki D. Soccer Fields at Rockingham & Airport Parks - Gutrier :05 Supervisor Gutzler had a memo from Mr. LaPurch from the United Soccer League in regard to the drainage issues and vandalism at Airport Park and Rockingham. He stated someone had done wheelies on the fields leaving ruts. Steve Frasier stated that he did receive a complaint by phone but when they went out there they couldn't find any significant damage. E. Recycle Center sticker & permit sales - Gutzler :10 Supervisor Gutzler stated that the Town Clerk asked her to bring to the attention of board the fact that residents are complaining that the permits they are purchasing now, have already lost 3 months. She asked the board to consider the selling of the stickers on a cumulative year rather than a calendar year. Councilman Beale stated that he would like to keep the permits on the color coded annual permits. He continued saying that they will not have real credible numbers until the last quarter of 2013. If they start changing things now they will have a moving target. He feels keeping it the way it is, is the only way to have a definitive number. Councilman Bettina stated that the fishing license is sold the same way. They are not prorated. Councilman Kuzmicz stated he was not on the board when the plan was put in place. He feels that to change the plan would change the structure and that the town is already hemorrhaging money and it's only going to get worse. He added he agreed with Councilman Beale and Bettina. A Resident stated that he agreed with Councilman Beale, that since it is all color coded why change on a monthly bases. He suggested prorating on a quarterly base for those people that move into the town or decide to use it then, as the quarters go by just change the sticker. It's the same sticker it's only good for six months so give it to them at a six month rate rather than pay for the annual rate. He added that the color could stay the same; all the board would have to do is adopt a simple resolution. Councilman Bettina stated that it was a good point. Supervisor Gutzler stated that maybe by the 27'' meet they could give the Town Clerk an answer as to whether to keep it as is or prorate. Councilman Bettina stated that he wanted the residents to know that this is not a money making proposition, there is a big deficit. He suggested that the board look at the hard numbers at the next meeting to get a better idea. Councilman Beale stated that he would like to have a discussion at the April 9d' meeting with about 20 minutes set aside for the discussion. F. Safety issues at Robinson lanelLittle League and Capital Improvements Supervisor Gutzler stated thatshe had a meeting with the officers of the Little League. They gave her a list of items that need repairing before they can have an inspection done. The total cost is about $25,000.00. She added most of which are capital improvement and would fall under Park Land Trust. Al Roberts, Town Attorney, explained the procurement policy and the amendment that is on the agenda. He continued stating that the original total for the repairs Little League requested was over $40,00.00 and that they brought it down the figures by prioritizing the list of repairs. Steve Frazier, Buildings and Grounds, stated that he has met with different fence companies and he work orders need to have more details in order for him to get similar quotes. Councilman Bettina asked what happened to the fence that was out as Robinson Lane. Mr. Frazier stated that he didn't take it down, that it might have been Little League. Councilman Town of Wappinger Page 5 Printed 3/21/2012 Town Board Meeting Minutes March 12, 2012 Bettina stated he wanted Mr. Frazier to get back to the board as to who took down the fence because it is town property. IX. Resolutions RESOLUTION: 2012-112 Resolution Naming the Ball Fields at Robinson Lane Recreation Park WHEREAS, the Town Board has received a Petition requesting that the ball fields at Robinson Lane Park be named in honor of William T. Farrell for his numerous contributions to the community and his many years of service to the Town of Wappinger Little League and Baseball Program. 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 names the ball fields at Robinson Lane Recreation Park as the "The William T. Farrell "The Big Guy" Memorial Fields at Robinson Lane Park". 3. The Town Board authorizes a sign to be erected at the entrance to Robinson Lane Recreation Field inscribed as follows: "The William T. Farrell "The Big Guy" Memorial Fields at Robinson Lane Park, Town of Wappinger". The Town Board further acknowledges that the sign is to be constructed and erected with private donations, under the supervision and direction of Steve Frazier, Town of Wappinger Supervisor of Buildings and Grounds. The foregoing was put to a vote which resulted as follows: Vote Record-110ohition RES -2012-112....: . MOVER: Barbara Gutzler, Supervisor SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmicz ABSENT: Ismay Czarnecki Yes/Aye No/Nay Absent a Adopted Barbara Gutzler Voter ® ❑ _Abstain ❑ ❑ ❑ Adopted as Amended William Beale Voter �. El ❑ ❑ _.. ❑ ❑ Defeated Vincent Bettina _...... Initiator .._ 0 ❑ ❑ ❑ ❑ Tabled ... Ismay Czamiecki Voter ❑ ... ❑ ❑ 0 ❑ Withdrawn Michael Kuzmicz Seconder __...0 - O _ p._.... _ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. Motion To: Amend the Sign to read "the Big Guy" RESULT: ADOPTED [UNANIMOUS] MOVER: Barbara Gutzler, Supervisor SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmicz ABSENT: Ismay Czarnecki RESOLUTION: 2012-115 Resolution Authorizing Home Rule Request to Permit Grinnell Library to Form a Public Library Special District WHEREAS, at the Town Board Meeting held on February 27, 2012, a presentation on behalf of Grinnell Library Association was made by Roderick MacLeod, President of Board of Trustees of the Grinnell Library Association, and Jessica Gonzalez, Executive Director of the Grinnell Library Association, requesting that the Town Board support the creation of a Library District for the Grinnell Library; and WHEREAS, a draft of the Special Legislation being submitted to the New York State Legislature is attached hereto and marked as Exhibit "A"; and WHEREAS, the Town Board supports the formation of a Public Library Special District; and Town of Wappinger Page 6 Printed 3/21/2012 Town Board Meeting Minutes March 12. 71719 WHEREAS, the Town Board hereby authorizes Town Supervisor, Barbara A. Gutzler, to write a letter to Senator Stephen Saland and Assemblyman Joel Miller evidencing the Town Board's support of such Special District for Public Library purposes in the form attached hereto as Exhibit `B". 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, by adoption of this Resolution evidences its support of the formation of a Public Library Special District for the Grinnell Library, with the express understanding that the jurisdictional boundaries of the Special District shall include the portion of the Village of Wappingers Falls located within the Town of Wappinger, and all of the Town of Wappinger, except that portion of the Town of Wappinger which is located within the Beacon School District. 3. The Town Board recognized that the jurisdictional boundaries of the Grinnell Public Library district shall also include the Village of Wappingers Falls located in the Town of Poughkeepsie. The Town Board hereby authorizes Supervisor Barbara A. Gutzler to forward a letter in support of the formation of the Public Library Special District for the Grinnell Library in the form attached hereto as Exhibit `B". The foregoing was put to a vote which resulted as follows: Yate Retard - Reeotutian RAS-2012-1IS ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: ® Adopted ABSENT: Ismay Czarniecki ------------- Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter ® ❑ ❑ 0 El Defeated William Beale Seconder ® ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator ® ❑ ❑ - . 0 ❑ Withdrawn Ismay Czamiecki Voter ❑ ❑ p Michael Kuzmicz Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. Motion To: Amendment Resolution 2012-115 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler,'' William Beale, Vincent Bettina, Michael Kuzmicz ABSENT: Ismay Czarniecki ------------- RESOLUTION: 2012-109 Resolution Adopting "Local Law No._ of the Year 2012, Chapter 133, Flood Damage Prevention" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing proposed Local Law No. of the Year 2012, Chapter 133, Flood Damage Prevention; and WHEREAS, the Public Hearing was duly advertised in the Poughkeepsie Journal and the Southern Dutchess News, the official newspapers of the Town; and WHEREAS, the Public Hearing was held on March 12, 2012, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to Environmental Review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, as follows: Town of Wappinger Page 7 Printed 3/21/2012 Town Board Meeting Minutes March 12, 2012 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the . Town of Wappinger hereby adopts Local Law No. 4 of the Year 2012, Chapter 133, Flood Damage Prevention, a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Federal Emergency Management Agency, the Dutchess County Department of Planning and Development, the Secretary of State of New York, the NYS Department of Environmental Conservation (Floodplain Management Section) and the Regional Office of the NYS Department of Environmental Conservation, as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record'- Resolution IRSS<20124109 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Voter ❑ ❑ ❑ 0 Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. Town of Wappinger Page 8 Printed 3/21/2012 LOCAL LAW NO. OF THE YEAR 2012 A Local Law entitled `Local Law No. of the Year 2012, Chapter 133, Flood Damage Prevention". BE IT ENANCTED by the Town Board of the Town of Wappinger as follows: Section L Tide: This Local Law shall be known and cited as "Local Law No. of the Year 2012, Chapter 133, Flood Damage Prevention" and by adoption hereof shall rescind the present Chapter 133 entitled "Flood Damage Prevention" in its entirety and replace it with a new Chapter 133 entitled ``Flood Damage Prevention". Section H: Amendments: The Town of Wappinger Code, Chapter 133 entitled "Flood Damage Prevention" is hereby rescinded in its entirety and is hereby replaced with an entirely new Chapter 133 entitled "Flood Damage Prevention," to read as follows: "CHAPTMR 133: FLOOD DAMAGE PREVENTION § 133-1. Findings. The Town Board of the Town of Wappinger finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Wappinger and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and'injury to and loss of human life. This Local Law is adopted in order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth. § 133-2. Statement of Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific flood prone areas by adopting provisions. and regulations designed to: A. Regulate uses which -are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; i B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage. at the time of initial construction; C. Control the alteration of natural floodplain, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; D. Control filling, grading, dredging and other development which may increase erosion or flood damages; E. Regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and F. Qualify and maintain for participation in the National Flood Insurance Program. § 133-3.Objectives. The objectives of this Chapter are: A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; CI.._To..p roYido-tbat_&y-relQpm-fie wfifiedVpc' is in an area ofspecial flood hazard - ------- and R To ensure that those who occupy the areas of special flood hazard assume responsibility for their action. § 1334. Definitions. A. Unless specifically defined. below, words or phrases. used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application. ii L B. As used in this Chapter, the following terms shall have the meanings as indicated below: APPEAL means a request for a review of the Code Enforcement Qfficer's or Zoning Administrator's interpretation of any provision of this Chapter or a request for a variance thereof. AREA OF SHALLOW FLOODING means a.desigaated AO, AH' or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent�or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. r AREA OF SPECIAL FLOOD AAZARD is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area maybe designated as Zone A, AE, AH, AO, Al -A30, A99, V, VO, VE, or V1 -V30. It is also commonly referred to as the base floodplain or 100 -year floodplain. For purposes of this Chapter, the term "special flood hazard aiea (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard." ' BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year. BASEMENT means that portion of a building having its floor subgrade (below ground level) on all sides. BUILDING see "Structure". CELLAR see "Basement". CRAWL SPACE means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be', of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of _. _..--- __-_ ._---..1�ydrnstatic%rces vs►hich�rQuld be exgexiexslucing peri z oflQo_dng�_-.._...----._...._ CRITICAL FACILITIES means: (1) Structures or facilities that produce, use or store highly volatile, flammable, explosive, toxic and/or water -reactive materials; (2) Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during; a flood; (3) Police stations, fire stations, vehicle and equipment storage facilities, and emergancy _operations sonters that are _needed for flood response activities before, during and after a flood; and (4) Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during and after, a flood. iii CUMULATIVE SUBSTAN'T'IAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 50 percent of the market value of the structure at the time of the improvement or repair when counted cumulatively for 10 years. DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment, or materials. ELEVATED BUILDING (1) A non -basement building: (a) built, in the case of a building in Zones Al -A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor;, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal §truchue member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water, and (b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. (2) In the case of Zones Al A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building' also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. • (3) In the case of Zones VI -V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a 1,_t i stallWon of utilities the construction of streets and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final'site grading or the pouring of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY means the Federal agency that administers the National Flood Insurance Program. iv FLOOD or FLOODING (1) a general and temporary condition of partial or complete. inundation of normally dry land areas from: (a) the overflow of inland or tidal waters; and (b) the unusual and rapid accumulation or runoff of surface waters from any source. (2) "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or f° suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force,of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates:'a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. FLOOD ELEVATION STUDY means an examination, evaluation,and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood- related erosion hazards. FLOOD HAZARD BOUNDARY MAP (FSBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY see "Flood Elevation Study". FLOODPLAIN OR FLOOD PRONE AREA means any land area susceptible to being inundated by water from any source (see definition of "Flooding"). FLOODPROOFING means any combination of structural and non; structural additions, changes, or adjustments to structures -which reduce or eliminate flood damage to real estate .or improved real property, water -and sanitary facilities, structures and their contents. FLOODWAY see "Regulatory Floodway". v T_j FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include; long-term storage, manufacturing, sales, or service facilities, HIGHEST ADJACENT GRADE means.the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a. structure. HISTORIC STRUCTURE means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary, of the Interior as contributing to the historical significance of a registered hist pric district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places; in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) by an approved state program as determined by the Secretary of the Interior, or . (b) directly by the Secretary of the Interior in states without approved programs. the communityto administer --- and implement this Chapter by granting or denying development;, permits in accordance With its provisions. The Town Board hereby designates any Code Enforcement Officer or the Town's Zoning Administrator as the Local Administrator of this Chapter. LOWEST FLOOR means lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely; for parking of vehicles, building access, or storage in an area other than a basement area is not considered.a.building'.s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this Chapter. vi MANUFACTURED HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to. the required utilities, The term does not . include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for.rent or sale. MEAN SEA LEVEL means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988AVD 88 or other da F (N , ) tum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MOBILE HOME see "Manufactured Home". NATIONAL GEODETIC VERTICAL DATUM (NGVD) as corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to' such structure. NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a mmunum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. ONE HUNDRED YEAR FLOOD OR 100 -YEAR FLOOD see Lase Flood". PRINCIPALLY ABOVE GROUND means that at least 51 percent, of the actual cash __ value-of-the-structure,-excludingdand value,is_above-ground:_._— .--.._.__.__..._._.....-. RECREATIONAL VEHICLE means a vehicle which is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) Designed to be_self-propelled .or permanently towable by a light duty truck; and (4) Not designed primarily for use as a permanent dwelling.but as temporary living quarters for recreational, camping, travel, or seasonal use. vii REGULATORY FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 133-133 of this Chapter. START OF CONSTRUCTION means the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. (1) The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. (2) Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling,), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or: the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged .condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood -related damages sustained by -a structure on two separate occasions during a 10 -year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. SUBSTANTIAL EMPROVEMENT means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. Substantial improvement also means "cumulative substantial improvement." The term includes structures which have incurred "substantial damage", regardless of the actual. repair work performed. The term does not, however, include either: (1) Any project for improvement of a structwe to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or viii (2) Any alteration of a "Historic Structure" provided that the alteration will not preclude the structure's continued designation as a "Historic Structure". VARIANCE means a grant of relief from the requirements of this Chapter which permits construction or use in a manner that would otherwise be prohibited by this Chapter. VIOLATION means the failure of a structure or other developmeato be fully compliant with the community's flood plain management regulations. § 133-5. Applicability. This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Wappinger, Dutchess County. § 133=6. Basis for Establishing Areas of Special Flood Hazard. The areas of special flood hazard for the Town of Wappinger, Community Number 361387, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: A. Flood Insurance Rate Map Panel Numbers: 36027C0369E, 36027C0388E, 36027C0389E, 36027C0393E, 36027C0453E, 36027G0454E, 36027C0456E, 36027C0457E, 36027C0458E, 36027C0459E, 36027C0461E, 36027C0462E, 36027C0466E, 36027C0467E, 360'27C0476E, 36027C0477E, 36027C0478E, 36027C0481E, 36027C0486E., whose effective date is May 2, 2012, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction. B. A scientific and engineering report entitled "Flood Insurance Study; Dutchess County, New York, All Jurisdictions" dated May 2, 2012. C. The above documents are hereby adopted and declared to be a part of this Chapter. ____.---neMojjA Insurance-._y_andLar_ pa are on file at the Office of the Town Clerk Town of Wappinger, Town Hall, 20 Middlebush Road, Wappingers, Falls, New York 12590. § 133-7. Interpretation and Conflict with Other Laws. This Chapter includes all revisions to the National Flood Insurance Program through October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this Chapter shall be held to be m;n;mun� requirements, adopted for the promotion of the public health, safety, and welfare. ix Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. § 133-8. Penalties for Non -Compliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this Chapter and any other applicable regulations. Any infraction of the provisions of this Chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined in the amount set forth in Chapter 122, Article V, § 122- 20N of the Town of Wappinger Code or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Wappinger from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this Chapter for which the developer and/or owner has not applied for and received an approved variance under § 133-20 and § 133-21 will be declared non-compliant and notification sent to the Federal Emergency Management Agency. § 133-9. Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the Town of Wappinger, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made there under. § 133-10. Designation of Local Administrator. The Code Enforcement Officer or the Zoning Administrator are hereby appointed Local Administrator to administer and implement this Chapter by granting or denying floodplain development permits in accordance with its provisions. § 133-11. Floodplain Development Permit. A. Purpose. A Floodplain Development Permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 133-6, without a valid Floodplain Development Permit. Application for a permit shall be made on forms furnished by the Code Enforcement Officer or Zoning Administrator and may include, x but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. B. Fees. All applications for a Floodplain Development Permit shall be accompanied by an application fee as set forth in Chapter 122, Article N, § 122-16F(l) of the Town of Wappinger Code. In addition, the applicant shall be responsible for reimbursing the Town of Wappinger for any additional costs necessary for review, inspection and approval of this project. The Code Enforcement Officer or Zoning Administrator may require a deposit in an amount as set forth in Chapter 122, Article IV, § 122-16 of the Town of Wappinger Code, to cover these additional costs. § 133-12. Application for a Permit. The applicant shall provide the following information as appropriate; additional information may be required on the permit application form: A. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones Al -A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permitee shall submit to the Code Enforcement Officer or Zoning Administrator the as -built elevation, certified by a licensed professional engineer or surveyor. B. The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be flood -proofed. Upon completion of the ' floodproofed portion of the structure, the permitee shall submit to the Code Enforcement Officer or Zoning Administrator the as -built flood -proofed elevation, certified by a professional engineer or surveyor. C. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria: in § 133-15.C, Utilities. ----- - - ----- D.---A-certificateftom_alioensed professional -engineer or architect that any non-residential floodproofed structure will meet the floodproofing criteria in § 133-17, Non -Residential Structures. E. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, _computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 133-6, when notified by the Code Enforcement Officer or Zoning Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. xi F. A technical analysis, by a licensed professional engineer, if required by the Code Enforcement Officer or Zoning Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. G. In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres. § 133-13. Duties and Responsibilities of the Code Enforcement Officer or Zoning Administrator. Duties of the Code Enforcement Officer or Zoning Administrator shall include, but not be limited to the following: A. Permit Application Review. The Code Enforcement Officer or Zoning Administrator shall conduct the following permit application review before issuing a Floodplain Development Permit: (1) Review all applications for completeness, particularly with the requirements of § 133-12, Application for a Permit, and for compliance with,the provisions and standards of this Chapter. (2) Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area.of special flood hazard, all new construction and substantial improvements* sliall meet the applicable standards of § 133-14 through § 133-18 and, in particular, § 1333-14.A, Subdivision Proposals. (3) Determine whether any proposed development in an area of''special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Code Enforcement Officer or Zoning Administrator toacomglete the dpplic matio�e a finical analyses and data necess _.__ ..---.. . p proposed pm . may result in physical damage to any other property or fails to meet the requiremeptsl of § 133-14 through § 133-18, General Standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re- submit the application. (4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by State or Federal law. B. Use of Other Flood Data. (1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map, aTUV! but has neither xii produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Code Enforcement Officer or Zoning Administrator shall obtain, review and reasonably utilize any Mase flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to § 133-12.G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this Chapter. (2) When base flood elevation data are not available, the Code Enforcement Officer or Zoning Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this Chapter, C. Alteration of Watercourses. (1) Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Administrator, Region H, Federal Emergency Management Agency. (2) * Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carryingcapacity.is not diminished. D. Construction Stage. (1) In Zones Al -A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion offloodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as -built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be ubmitted%r_assnreationaly�lticle if it reivains on a site for 180 consecutive des or longer (unless it is fully licensed and ready for highway use). (2) Any further work undertaken prior to submission and approvalof the certification shall be at the permit holder's risk. The Code Enforcement Officer or Zoning Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected. E. Inspections. The Code Enforcement Officer or Zoning Administrator and/or the developer's engineer or architect shall make periodic inspections at, appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the Floodplain Development Permit and/or any variance provisions. F. Stop Work Orders. (1) The Code Enforcement Officer or Zoning Administrator shall issue, or cause to be issued, a Stop Work Order for any floodplain development found ongoing without a development permit. Disregard of a Stop Work Order shall subject the violator to the penalties described in § 133-8 of this Chapter. (2) The Code Enforcement Officer or Zoning Administrator shall issue, or cause to be issued, a Stop Work Order for any floodplain development found non-compliant with the provisions of this law and/or the conditions of the development permit. Disregard of a Stop Work Order shall subject the violator to the penalties described in § 133-8 of this Chapter. G. Certificate of Compliance. (1) In areas of special flood hazard, as determined by documents enumerated in § 133-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Compliance has been issued by the Code Enforcement Officer or Zoning Administrator stating that the building or land conforms to the requirements of this Chapter. (2) A Certificate of Compliance shall be issued by the Code Enforcement Officer or Zoning Administrator upon satisfactory completion of all development in areas of - special flood hazard. (3) Issuance of the Certificate shall be based upon the inspections conducted as prescribed in § 133-13.E., Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. H. Information to be Retained. The Code Enforcement Officer or Zoning Administrator shall retain and make available for inspection, copies of the following: (1) Floodplain Development Permits and Certificates of Compliance; (2) Certifications of as -built lowest floor elevations of structures, required pursuant to § 133-13.D(1) and § 133-13.D(2) and, whether or not the structures contain a basement; (3) Floodproofing certificates required pursuant to § 133-13.D(l), and whether or not the structures contain a basement; (4) Variances issued pursuant to § 133-20 and § 133-21, Variance Procedures; and (5) Notices required under § 133-13.C, Alteration of Watercourses. xiv § 133-14. General Standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 133-6. A. Subdivision Proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (1) Proposals shall be consistent with the need to minimize flood damage; (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and (3) Adequate drainage shall be provided to reduce exposure to flood damage. B. Encroachments. (1) Within Zones Al -A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (a) the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or, (b) the Town of Wappinger agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Wappinger for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Wappinger for all costs related to the final map (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 133-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless: (a) a technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in = increase in flood levels during occurrence of the base flood, or (b) the Town of Wappinger agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, xv analyses and mapping and reimburses the Town of Wappinger for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Wappinger for all costs related to the final map revisions. (3) Whenever any portion of a floodplain in authorized for development, the volume of - space occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at or adjacent to the development site. All such excavations shall be constructed to drain freely to the watercourse. No area below the waterline of a pond or other', body of water can be credited as a compensating excavation. § 133-15. Standards for all Structures. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood InsuranceRate Map designated in § 133-6. A. Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. B. Construction Materials and Methods. (1) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed. using methods and practices that minimize flood damage. (3) Enclosed Areas. ...... _.._ _.__-._-__..�e)_Foa�l4sed areas below the lowest floor of a structure within Zones Al -A30, _ AE or AH, and also Zone A if base flood elevation. data; are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified.by a licensed professional engineer or architect or meet or exceed_ the following minimum criteria: [1] a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and xvi [2] the bottom of all such openings no higher than.one foot above the lowest adjacent finished grade. (b) Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub -grade on all sides are considered basements and are not permitted. C. Utilities. (1) New and replacement electrical equipment, heating, ventilating,; air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall also elevated or designed to prevent water from entering and accumulating within the components unless they conform to thG appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations. (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Sanitary sewer and storm'drainage systems for buildings that have openings below the base flood elevation shad be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall. (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. § 133-16. Residential Structures, _______Me_fbUoving_standards apply to new_and-substandal1y 1 pmytd."eidential structures located in areas of special flood hazard, in addition to the requirements in § 133-14.A, Subdivision Proposals, and § 133-143, Encroachments, and § 133-15, Standards for all Structures. A. Within Zones Al -A30, AE and AH and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have, the lowest floor (including basement) elevated to or above two feet above the base flood elevation. B. Within Zone. A, when no base flood elevation data.. are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. C. Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as xvii two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 133-6 (at least two feet if no depth number is specified). D. Within Zones AH and AO, adequate drainage paths are required to, guide flood waters around and away from proposed structures on slopes. § 133-17. Non-residential Structures. The following standards apply to new and substantially improved commercial, industrial and other non-residential structures located in areas of special flood hazard, in addition to the requirements in § 133-14.A, Subdivision Proposals, and § 133-143, Encroachments, and'§ 133-15, Standards for all Structures. A. Within Zones Al -A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-residential structure shall either: (1) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or (2) be floodproofed so that the structure is watertight below two feet above the base flood elevation, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. B. Within Zone AO, new construction and substantial improvements of non-residential structures shall: (1) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or (2) together with attendant utility and sanitary facilities, be completely floodproofed to leve .to meet theoodproofing standard specified in § 133A7.A(Q above C. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certificate or other certification shall be provided to the Code Enforcement Officer or Zoning Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 133-17.A(2) above, including the specific elevation, (in relation to mean sea level) to which the .structure is to be floodproofed D. Within Zones AH and AO, adequate drainage paths are required to, guide flood waters around and away from proposed structures on slopes. E. - Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above thehighest adjacent grade. § 133-18. Manufactured Homes and Recreational Vehicles. The following standards in addition to the standards in § 133-14, General Standards, and § 133-15, Standards for all Structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special floodhazard. A. Recreational vehicles. (1) Recreation vehicles placed on sites within Zones Al -A30, AE and AH shall either: (a) be on site fewer than 180 consecutive days; (b) be fully licensed and ready for highway use; or (c) meet the requirements for manufactured homes in § 133-183, C, D and E. (2) A recreational vehicle is ready for. highway use if it is on its wheels or j acking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. B. A manufactured home that is placed or substantially improved in Zones Al -A30, AE and AH that is on a site either outside an existing manufactured home park or subdivision as herein defined, in a new manufactured home park or subdivision as herein defined, in an expansion to an existing manufactured home park or subdivision as herein defined or 'in an existing manufactured home park or subdivision as herein defined on which a manufactured home has incurred substantial damage. as the result of a flood shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement'. Elevation on piers consisting of dry stacked blocks is prohibited. Methods of anchoring may include but are C. A manufactured home to be placed or substantially improved in Zones Al -A30, AE and AH in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage, shall be: (1) elevated in a manner such as required in Subsection B of thins section; or (2) elevated such that the manufactured home cha5s5 is_supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. M D. Within Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above; the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited:, E. Within Zone A0, the floor shall be elevated above the highest adjacent grade at least as high as two feet above the depth number specified on the Flood Insurance Rate Map enumerated in § 133-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited. . § 133-19. Critical Facilities. In order to prevent potential flood damage to certain facilities that would result -in serious danger to life and health, or widespread social or economic dislocation, no new critical facility shall be located within any area of special flood hazard, or within any'500-year flood zone shown as a B zone or a Shaded A zone on the Community's Flood Insurance Rate Maps. § 133-20. Appeals Board. A. The Zoning Board of Appeals as established by the Town of Wappinger shall hear and decide appeals and requests for variances from the requirements of this Chapter. B. The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Code Enforcement Officer or Zoning Administrator in the enforcement or administration of this Chapter. C. Those aggrieved by the decision of the Zoning Board of Appeals; may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil. Practice Law and Rules. D. In passing upon such applications, the Zoning Board of Appeals, shall consider all ---__-lechnical_evaluations, all se,_standards cd "n otba •ons oLth's Chapter and: (1) the danger that materials may be swept onto other lands to: the injury of others; (2) the danger to life and property due to flooding or erosion damage; (3) the susceptibility of the proposed facility and its contents to flood damage and the effect of such .damage on the individual owner; (4) the importance of the services provided by the proposed facility to the community-, (5) the necessity to the facility of a waterfront location, where', applicable; (6) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) the compatibility of the proposed use with existing and anticipated development; (8) the relationship of the proposed use to the comprehensive play} and floodplain management program of that area, (9) the safety of access to the property in times of flood for ordinary and emergency vehicles; (10) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; (11) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (12) the costs of providing governmental services during and after flood conditions, including search and.rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. E. Upon consideration of the factors of § 133-20.D and the purposesof this Chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter. F. The Code Enforcement Officer or Zoning Administrator shall maintain the records of all appeal actions including technical information and report any; variances to the Federal Emergency Management'Agency upon request. § 133-21. Conditions for Variances. A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous tq and surrounded by ----.=---------.-...-.-lots-with-ciidsdng,-structures-constructed helo- ondle-velYprsividing-itemsin_----- -..--- § 133-20.D have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of historic.structures upon determination that: (1) the proposed repair or rehabilitation will not preclude the structure's continued designation -as a "Historic structure"; and (2) the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (1) the criteria of Subsections A., D, E and F of this section are'met. and (2) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. D. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. F. Variances shall only be'issued upon receiving written justification of: (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances,. cause fraud on or victimization of the public or conflict with existing local laws or ordinances. G. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that: (1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; such construction below the base flood level increaseF risks to life anteroertr Sr ; _..__._ and (3) such notification shall be maintained with the record of all variance actions as required in § 133-13.H of this Chapter. § 133-22. Enforcement. This Chapter will be enforced by the Code Enforcement Officer, Zoning Administrator, Fire Inspector or any police agency having jurisdiction within the Town of Wappinger. Section III: Seuarability: The provisions of this Local Law are separable and if any provision, clause,'; sentence, subsection, word or part thereof is held illegal, invalid or `unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part Find not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section IV: Numbering for Codification: It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this. Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law maybe re -numbered or re -lettered by the Codifier to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or theprovisions of the Code affected thereby. Section V: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. Town Board Meeting Minutes March 12, 2012 RESOLUTION: 2012-110 Resolution Introducing Local Law No. —of the Year 2012, Entitled "Amending Chapter 236-6.B. of the Town of Wappinger Code WHEREAS, by Local Law No. 1 of the Year 2011, the Town Board established capital buy -in fees for new parcels being added to the jurisdictional boundaries of Water and Sewer Districts; and WHEREAS, due to an inadvertence, the capital buy -in fee for single-family residential parcels for sewer districts was improperly set at $3,200.00,and the capital buy -in fee for single- family residential parcels for water districts was improperly set at $4,800.00; and WHEREAS, the correct capital buy -in fee for single-family residential parcels for sewer districts is $4,800.00, and the correct capital buy -in fee for single-family residential parcels for water districts is $3,200.00; and WHEREAS, the Town Board seeks to correct these typographical errors; and WHEREAS, the proposed action is a Type II action pursuant to Chapter 117 of the Code of the Town of Wappinger and 6 NYCRR § 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act ("SEQRA"). 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 introduces for adoption Local Law No. of the Year 2012 in the form annexed hereto. 3. The Town Board determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of the Year 2012 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9th day of April 2012, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Rt cord'- Resolution 8 2012-110 El Adopted Yes/Aye No/r% Abstain Absent Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder lZ ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina - Initiator 0 ❑ ❑ ❑ . .. ❑ Withdrawn Ismay Czamiecki Voter ❑ ❑ ❑ 8 Michael Kuzmicz Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-111 Resolution Authorizing Town Clerk to Attend the NYS Town Clerks Association 2012 Conference WHEREAS, the Town Clerk, Christine Fulton, has requested to attend the New York State Town Clerks Association 2012 Conference held in Saratoga, New York, from April 22 -25, 2012; and WHEREAS, the New York State Town Clerks Association 2012 Conference provides training courses and informational seminars with respect to the duties of the Town Clerk; and Town of Wappinger Page 9 Printed 3/21/2012 Town Board Meeting Minutes March 12, 2012 WHEREAS, training expenses for the department have been budgeted in the amount of $1,000.00 in budget line A1410.405; and WHEREAS, the estimated costs for attendance include registration ($150), hotel ($104), expected reimbursed meal expenses ($50) and mileage reimbursement ($134.32). 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 Town Clerk, Christine Fulton, to attend the New York State Town Clerks Association 2012 Conference, from April 22 — 25, 2012 at a total cost not to exceed $475.00. The Town Board hereby directs the Town Clerk to execute a Purchase Order and/or Voucher for advance payment of the registration and hotel accommodations. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012411 Yes/Aye_. No/Nay Abstain Absent ® Adopted Barbara Guider Voter ®_ ❑ ❑ ❑ ❑ Adopted as Amended William Beale .... Seconder ® ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Initiator ® ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter ❑ ❑ ❑ 0 Michael Kuzmicz Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-113 Resolution Authorizing Town Records Management and Disposition Day WHEREAS, the State of New York has established standards for records retention and disposition through the State Archives and Records Administration, pursuant to Section 57.25 of the Arts & Cultural Affairs Law; WHEREAS, the Town of Wappinger has adopted a Records Retention and Disposition Schedule, MU -1 as codified in Town Code Section 50-10; and WHEREAS, the Town Clerk is the designated Records Management Officer; and WHEREAS, each Town department maintains records which require storage and/or disposition in accordance with the New York State Archives Records Retention Standards; and WHEREAS, each Town department has a designated records custodian, with the name of the records custodian placed on file with the Town Clerk's office; and WHEREAS, the Town Board acknowledges that compliance with the Records Retention and Disposition Schedule MU -1 is required and hereby schedules Tuesday, March 27, 2012 as Records Management and Disposition Day; and WHEREAS, all Town departments shall be closed to the public on March 27, 2012 to comply with the Records Management and Disposition Schedule; and WHEREAS, the Town Board designates the Town Clerk, Town Supervisor, Town Historian, Attorney to the Town, and Engineer to the Town, to serve as a Records Advisory Committee; and WHEREAS, the Town Board authorizes an expenditure not to exceed $540.00 for onsite document shredding with HV Shred, Inc. 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 establishes Tuesday, March 27, 2012 as the Records Management and Disposition Day for the purposes of compliance with Records Retention and Disposition Schedule MU -l. 3. The Town Hall and all Town departments shall be closed to the public for compliance with the New York State Archives Records Retention Standards. All Town Departments shall coordinate records disposition under the direction of the Town Clerk, who shall supervise and direct the disposition of all Town records in accordance with Chapter 50-11 of the Town Code. Town of Wappinger Page 10 Printed 312112012 Town Board Meeting Minutes March 12, 2012 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2412-1 3 Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted B Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as AmendedBarbara William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter ❑ ❑ ❑ 0 ❑ Withdrawn Michael Kuzm1cZ Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-114 Resolution Appointing Member to Bureau of Fire Prevention WHEREAS, the Town of Wappinger Bureau of Fire Prevention consists of eight members, two members appointed from each of the Fire Districts in the Town, plus the Director of Code Enforcement and the Town Fire Inspector; and WHEREAS, the New Hackensack Fire District has recommended the appointment of Dennis Lasowski to replace Jeffrey Mulligan, who was previously appointed to the Board; and WHEREAS, the New Hackensack Fire District also recommends the reappointment of Roger Munoz, as the second member of the Bureau from the New Hackensack Fire District. NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Dennis Lasowski and Roger Munoz are hereby appointed as members of the Town of Wappinger Bureau of Fire Prevention representing the New Hackensack Fire District for the two year term ending December 31, 2013. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-114 Yes/Aye No/Nay Abstain Absent 0 Adopted B Gutzler Voter 0 ❑ 11 ❑ Adopted as AmendedBarbara William Beale Initiator El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter _ 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Voter ❑ ❑ ........ ❑0 Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-116 Resolution Awarding Contracts for Highway Department Supplies WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, solicited bids for the supply of various Highway Department materials; and WHEREAS, bids were received and reviewed by Town of Wappinger Highway Superintendent, Graham Foster; and WHEREAS, Town of Wappinger Highway Superintendent, Graham Foster, has provided an award recommendation for the various bids to the Town Board dated March 5, 2012, a copy of which is affixed 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. 2. The Town Board hereby awards the bids for the following Highway Department supplies: A. The Contract for 89 octane gasoline is awarded to Bottini Fuel in the amount of $.3500 over Warex Terminal price; Town of Wappinger Page 11 Printed 312112012 Town Board Meeting Minutes March 12, 2012 B. The Contract for diesel fuel is awarded to Bottini Fuel in the amount of $.2340 over the New York Harbor Tank Car reseller's price as posted in the Journal of Commerce Daily Petroleum Prices of the New York Journal of Commerce. C. The Contract for striping of Town roads is awarded to Hi -Way Safety Systems, Inc., in the amount of $311.00 per mile for double yellow centerline and $179.00 per mile for single white edgeline. D. The Contract for road aggregates delivered is awarded to Thalle Industries, Inc. as follows: • '/" crushed stone - $22.00 per ton delivered; • %2" crushed stone - $22.50 per ton delivered; • 5/8" crushed stone - $21.00 per ton delivered; and • Tailings - $17.00 per ton delivered. E. The Contract for supply of 3/8", 3/", 1'/2" and 2%z" crushed stone is awarded to Westhook Sand & Gravel, Inc., all at the price of $20.20 per ton delivered. F. The Contract for supply of run of bank gravel is awarded to Westhook Sand & Gravel, Inc. at the price of $19.60 per ton delivered. G. The Contract for supply of/", 3/8", 3/"; and 1%Z" washed gravel and tailings is awarded to Westhook Sand & Gravel, Inc. all at the price of $18.40 ner ton delivered. H. The Contract for supply of Quarry Item 4 is awarded to Tilcon New York, Inc. at the price of $16.45 per ton delivered. I. The Contract for supply of %", 5/8" and 2%2" washed gravel is awarded to Rte 82 Sand & Gravel, Inc. at the price of $22.75 per ton delivered. J. The Contract for supply of snow/ ice aggregates is awarded to Clove Excavators, Inc. at the price of $17.00 per ton delivered. Town of Wappinger Highway Superintendent, Graham Foster, recommends that salt, pipe, blacktop and trash removal should be purchased from OGS, state bid. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution AES=2012,116 ® Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ - - p ❑ Defeated William Beale Voter 0 ❑ ❑ p ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter ❑ ❑ ❑ 0 Michael Kuzmicz Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-117 Resolution Introducing "Local Law No. —of the Year 2012 Amending Chapter 46, the Procurement Policy of the Town of Wappinger WHEREAS, the Town Board has previously adopted a Procurement Policy pursuant to § 104-b of the General Municipal Law; and WHEREAS, § 104-b of the General Municipal Law requires the Town to annually review the procedures established for the purchasing of goods and services that fall below the monetary bid limits set forth in General Municipal Law; and WHEREAS, the Town Board and other Department Heads of the Town have determined that it is in the best interests of the Town to increase the limits set forth in the Procurement Policy, as authorized by amendments to General Municipal Law § 103. 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 introduces for adoption Local Law No. of the Year 2012 in the form annexed hereto, increasing the limits set forth in the Town of Wappinger Procurement Policy. 3. The Town Board hereby determines that the proposed action to amend the Town of Wappinger Procurement Policy is a Type II action as defined in 6 NYCRR 617.5(c)(16) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the Town of Wappinger Page 12 Printed 3/21/2012 T� Town Board Meeting "I W Minutes March 12, 2012 New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law 6 of 1992, or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of the Year 2012 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9th day of April 2012, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution 1IM2012!17 , Williams Lumber $31.64 Totals $31.64 ❑ Adopted Yes/Aye No/Nay Abstain Absent a Adopted as Amended Barbara Gutzler Voter 8 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter ❑ ❑ ❑ 0 Michael kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. New Business Councilman Beale Councilman Beale stated that some of the signs in the Town are showing their age. He wanted to see if he could get some Town seal stickers to replace the ones that are almost worn away. He would also like to paint the poles white to make them look nicer. Supervisor Gutzler stated that they might be able to get residents to volunteer to help and may be able to get things donated. Councilman Beale added that they were originally funded from Greenway funding and was wondering if there was any money left to repair the signs. He added that the Recycle Center sign needs to be updated with the proper administration on it. He suggested that at the very least, the names of the individuals that are no longer in office be covered up so they are not getting phone calls. He added that he will bring information on April 9t' to the Recycle Center discussion. Councilman Bettina Councilman Bettina stated that there are signs that need to be put up pertaining to the Local Law that was passed with regards to parking on the streets. Graham Foster, Highway Superintendent, reminded the board that there isn't any money in the budget. He stated that with the snow ordinance in effect it hasn't been a major priority. Councilman Beale stated that the law that stated all street signs needed to be replaced and made larger was repealed. Mr. Foster stated that as they replace the sign, they are being replaced with the new signs with the large letter so they are in compliance. Town Board Review of Vouchers RESOLUTION: 2012-118 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 -AAAA Vendor DB (Highway) Williams Lumber $31.64 Totals $31.64 $31.64 I, Christine Fulton, 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 March 12, Town of Wappinger Page 13 Printed 3/2112012 Town Board Meeting Minutes March 12, 2012 2012, 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 -Its A B (General (General DB HBE Yes/Aye... No/Nay Abstain Absent ® Adopted Barbara Gutzler Initiator ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ® ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn IsmayCzamiecki Voter ❑ ❑ ❑ . ❑ Michael Kuzmicz Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-119 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-BBBB A (General Town DB Vendor Wide) ((Highway) Wapp United Soc Club $5,000.00 Enviro Clean $2,940.30 Totals 1 $5,000.001 $2,940.301 $7,940.301 I, Christine Fulton, 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 March 12, 2012, 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 Reeord - Resolution RES -2012-114 A B (General (General DB HBE Vendor Yes/Aye No/Nay Abstain Absent ® Adopted Barbara Gutzler Initiator ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ® ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Voter ❑ ❑ Ii Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-120 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: 2012-L Town of Wappinger Page 14 Printed 3121/2012 T� A B (General (General DB HBE Vendor Townwide) PartTown) ((Highway) (Equip) Town of Wappinger Page 14 Printed 3121/2012 T� Town Board Meeting Minutes March 12, 2012 Central Hudson $73.23 Central Hudson $236.06 Central Hudson $1,113.27 Central Hudson $34.03 Central Hudson $642.54 Central Hudson $78.40 FedEx $39.84 New Hack Fire Depart $1,017,135.20 Southern Dtc News $56.19 Southern Dtc News $49.30 Home Depot $4.49 Home Depot $1.97 Home Depot $9.74 MVP $24,252.02 $5,205.93 $17,649.37 MVP Gold $3,689.40 Pine Bush Equip $117.50 Anaconda Sports $132.00 HO Penn $127.83 First Unum Life $293.77 $50.65 $162.08 Carquest $47.82 Carquest $2,167.98 Carquest $59.32 Carquest $363.08 Brady's Power Equip $300.00 Craig Bova $10.00 Craig Bova $5.00 Noco Energy $1,333.99 Williams Lumber $232.22 Dutchess Co Truck Parts $294.63 Hudson River Truck Equip $600.00 Staples $323.08 Sal Morello $35.00 Hoselton Automall $28,102.72 Wells Fargo $327.56 Cornerstone $451.12 $31.88 Morris Associates $3,774.14 $1,617.51 $4,789.45 Morris Associates Morris Associates Morris Associates Amazon $24.98 Amazon $280.86 Paetec $613.22 $24.55 Costume Super Center $114.48 Totals $1,053,645.40 $7,071.01 $28,260.27 $28,102.72 Vendor Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson FedEx New Hack Fire Depart Southern Dtc News Southern Dtc News Home Depot Home Depot Home Depot HNC (Cider Mill Loop) WU SU (Wapp (Wapp United) United) T92 (Escrow) Town of Wappinger Page 15 Printed 312112012 Town Board Meeting Minutes March 12, 2012 MVP Pay $73.23 MVP Gold Central Hudson Pine Bush Equip $236.06 Anaconda Sports Central Hudson HO Penn First Unum Life $34.03 Carquest Central Hudson Carquest Carquest $78.40 Carquest FedEx Brady's Power Equip Craig Bova Craig Bova Southern Dtc News Noco Energy $56.19 Williams Lumber Dutchess Co Truck Parts Home Depot Hudson River Truck Equip $4.49 Staples Sal Morello Home Depot Hoselton Automall $9.74 Wells Fargo $47,107.32 Cornerstone MVP Gold Morris Associates $7,900.00 $2,377.44 $1,829.96 $5,071.30 Morris Associates $349.10 Morris Associates $9,567.00 Morris Associates $138.00 Amazon Amazon First Unum Life Paetec Costume Super Center Totals $7,900.00 $2,377.44 $1,829.96 $15,125.40 Vendor Pay $73.23 Board Hold Central Hudson Central Hudson $236.06 Central Hudson $1,113.27 Central Hudson $34.03 Central Hudson $642.54 Central Hudson $78.40 FedEx $39.84 New Hack Fire Depart $1,017,135.20 Southern Dtc News $56.19 Southern Dtc News $49.30 Home Depot $4.49 Home Depot $1.97 Home Depot $9.74 MVP $47,107.32 MVP Gold $3,689.40 Pine Bush Equip $117.50 Anaconda Sports $132.00 HO Penn $127.83 First Unum Life $506.50 Carquest $47.82 Carquest $2,167.98 Carquest $59.32 Carquest $363.08 Brady's Power Equip $300.00 Craig Bova $10.00 Craig Bova $5.00 Noco Energy $1,333.99 Williams Lumber $232.22 Dutchess Co Truck Parts $294.63 Town of Wappinger Page 16 Printed 3/21/2012 F1, Town Board Meeting Minutes March 12, 2012 Hudson River Truck Equip Staples Sal Morello Hoselton Automall Wells Fargo Cornerstone Morris Associates Morris Associates Morris Associates Morris Associates Amazon Amazon Paetec Costume Super Center Totals I, Christine Fulton, 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 March 12, 2012, 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 -2012-120 $600.00 AM (Ambulance B (General PartTown $323.08 $25.00 $35.00 CAMO Pollution Yes/Aye $28,102.72 Abstain $327.56 El Adopted Barbara Gutzler $483.00 B ❑❑ $27,359.80 11 Adopted as Amended William Beale Seconder $349.10 ❑ ❑ $9,567.00 ❑ Defeated Brady's Power Equip $138.00 _. $24.98 Dut Co Truck Parts $280.86 Vincent Bettina $637.77 a ❑ ❑ $114.48 ❑ Withdrawn $1,144,312.20 $54,968.92 $62,153.98 $1,027,189.30 I, Christine Fulton, 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 March 12, 2012, 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 -2012-120 A (General Townwide) AM (Ambulance B (General PartTown CAMO Pollution $25.00 CAMO Pollution Yes/Aye No/Nay Abstain Absent El Adopted Barbara Gutzler Initiator B ❑❑ ❑ 11 Adopted as Amended William Beale Seconder ® ❑ ❑ ❑ ❑ Defeated Brady's Power Equip _.. _. Dut Co Truck Parts ❑ Tabled Vincent Bettina Voter a ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter ❑ ❑ ❑ a Staples Michael KuzmiczVoter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-121 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: 2012-M Vendor A (General Townwide) AM (Ambulance B (General PartTown CAMO Pollution $25.00 CAMO Pollution $25.00 NyComco Poughkeepsie Jrnl $53.30 Home Depot $64.87 Empire Bus Forms $620.00 Brady's Power Equip Dut Co Truck Parts Dut Co Truck Parts Hud River Truck Equip Hud River Truck Equip Staples $13.48 $99.84 Zee Medical $46.32 Cablevision $106.74 Town of Wappinger Page 17 Printed 3/2112012 Town Board Meeting Minutes March 12, 2012 Wells Fargo $435.00 Pay Board Hold Wells Fargo $168.97 $25.00 Transcare CAMO Pollution $32,916.66 $25.00 Michael Krisko NyComco $528.65 Murphy's Sand/Gravel $500.00 $53.30 AW Direct Home Depot $64.87 AW Direct Empire Bus Forms $620.00 Tool Rental By Durants $117.04 $122.23 Tool Rental By Durants $52.66 $88.80 Uni Select $31.55 $98.76 G'er' Shala Hud River Truck Equip $250.00 Totals $2,206.63 $32,916.66 $575.00 $403.14 Staples DB HME Vendor (Highway) (Equip) CAMO Pollution $106.74 CAMO Pollution Wells Fargo $435.00 NyComco $528.65 Poughkeepsie Jrnl Home Depot Empire Bus Forms Brady's Power Equip $122.23 Dut Co Truck Parts $88.80 Dut Co Truck Parts $98.76 Hud River Truck Equip $755.00 Hud River Truck Equip $575.00 Staples Zee Medical Cablevision Wells Fargo Wells Fargo Transcare Michael Krisko $97.31 Murphy's Sand/Gravel AW Direct $169.02 AW Direct $104.75 Tool Rental By Durants Tool Rental By Durants Uni Select G'er' Shala Totals $2,265.75 $273.77 $38,065.95 Vendor Pay Board Hold CAMO Pollution $25.00 CAMO Pollution $25.00 NyComco $528.65 Poughkeepsie Jrnl $53.30 Home Depot $64.87 Empire Bus Forms $620.00 Brady's Power Equip $122.23 Dut Co Truck Parts $88.80 Dut Co Truck Parts $98.76 Hud River Truck Equip $755.00 Hud River Truck Equip $575.00 Staples $113.32 Zee Medical $46.32 Cablevision $106.74 Wells Fargo $435.00 Town of Wappinger Page 18 Printed 3/21/2012 Town Board Meeting Minutes March 12, 2012 Wells Fargo $168.97 B (General PartTown) Transcare $32,916.66 CAMO Pollution Michael Krisko $97.31 Murphy's Sand/Gravel No/Nay $500.00 AW Direct $169.02 AW Direct EI $104.75 Tool Rental By Durants ❑ $117.04 Tool Rental By Durants Seconder $52.66 Uni Select ❑ $31.55 G'er' Shala $250.00 Totals $33,877.37 1 $4,188.58 1 $0.00 I, Christine Fulton, 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 March 12, 2012, 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 -20M121, " A (General Townwide) B (General PartTown) DB ((Highway) LC Cameli CAMO Pollution Ef Adopted Yes/Aye No/Nay Abstain Absent Barbara Gutzler Initiator EI 11 ❑ ❑ ❑ Adopted as Amended William Beale Seconder E( ❑ ❑ ❑ ❑ Defeated Pough Journal $57.74 ❑ Tabled Vincent Bettina Voter Ef ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter ❑ ❑ ❑ El $4,145.73 Michael Kuzmicz Voter EI ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-122 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: 2012-N Vendor A (General Townwide) B (General PartTown) DB ((Highway) LC Cameli CAMO Pollution CAMO Pollution Central Hudson $3,095.39 $84.72 NyComco $126.00 NyComco $301.00 Pough Journal $57.74 Sedore and Company $2,396.00 Bottini $793.12 Bottini $4,145.73 Kaman Industries $169.20 Michael Sheehan $188.50 Bostwick Sales $207.69 Arkel Motors $512.61 Williams Lumber $8.33 Williams Lumber $56.96 Reserve Account $4,500.00 Aflac Public Entity Trust $339.74 $577.56 $2,412.16 Town of Wappinger Page 19 Printed 3/2112012 Town Board Meeting Minutes March 12, 2012 Gellert and Klein LD $99.00 Gellert and Klein SM $1,204.50 Gellert and Klein $11,398.25 Fleetwood R. Costa $125.00 All State $8,150.00 $9,666.67 Stormwater Mgmnt Stormwater Mgmnt Central Hudson Stormwater Mgmnt $2,707.25 Stormwater Mgmnt NyComco Stormwater Mgmnt $725.00 NYSTCA $150.00 Totals $19.909.80 $6.186.19 84.72 Town of Wappinger Page 20 Printed 3/21/2012 F� LD LH SF SM Vendor Chelsea Hu hsonville Fleetwood Mid Point CAMO Pollution $8,150.00 $9,666.67 CAMO Pollution Central Hudson $937.73 $2,707.25 NyComco NyComco Pough Journal Sedore and Company Bottini Bottini Kaman Industries Michael Sheehan Bostwick Sales Arkel Motors Williams Lumber Williams Lumber Reserve Account Aflac Public Entity Trust Gellert and Klein Gellert and Klein Gellert and Klein R. Costa All State Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt NYSTCA Totals $937.73 $2,707.25 $8,150.00 $9,666.67 SU (Wapp SW WF WH Vendor United) (Wildwood Fleetwood Watch Hill CAMO Pollution $55,750.00 $13,116.67 CAMO Pollution $2,233.33 $1,541.67 Central Hudson NyComco NyComco Pou h Journal Sedore and Company Bottini Bottini Town of Wappinger Page 20 Printed 3/21/2012 F� Town Board Meeting Minutes March 12, 2012 Kaman Industries Michael Sheehan Bostwick Sales Arkel Motors Williams Lumber Williams Lumber Reserve Account Aflac Public Entity Trust Gellert and Klein Gellert and Klein Gellert and Klein R. Costa All State Stormwater M mnt Stormwater M mnt Stormwater M mnt Stormwater M mnt Stormwater M mnt NYSTCA Totals $55,750.00 $13,116.67 $2,233.33 $1,541.67 Vendor WT Tall Trees) WU (Wapp United T14 All State T16 Aflac CAMO Pollution CAMO Pollution $2,908.33 $66,500.00 Central Hudson N Comco N Comco Pou h Journal Sedore and Company Boffin! Bottini Kaman Industries Michael Sheehan Bostwick Sales Arkel Motors Williams Lumber Williams Lumber Reserve Account Aflac $291.30 Public Entity Trust $67.95 Gellert and Klein Gellert and Klein Gellert and Klein R. Costa All State $809.28 Stormwater M mnt Stormwater M mnt Stormwater M mnt Stormwater M mnt Stormwater M mnt NYSTCA Totals $2,908.33 $66,567.95 $809.28 $291.30 Town of Wappinger Page 21 Printed 3/21/2012 Town Board Meeting Minutes March 12, 2012 Vendor CAMO Pollution CAMO Pollution Central Hudson NyComco NyComco Pough Journal Sedore and Company Bottini Bottini Kaman Industries Michael Sheehan Bostwick Sales Arkel Motors Williams Lumber. Williams Lumber Reserve Account Aflac Public Entity Trust Gellert and Klein Gellert and Klein Gellert and Klein R. Costa All State Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt NYSTCA T92 $50.00 $525.00 $775.00 $600.00 Totals $1,950.00 $200,304.38 Vendor CAMO Pollution CAMO Pollution Central Hudson NyComco NyComco Pough Journal Sedore and Company Bottini Bottini Kaman Industries Michael Sheehan Bostwick Sales Arkel Motors Williams Lumber Williams Lumber Reserve Account Aflac Public Entity Trust Gellert and Klein Gellert and Klein Gellert and Klein R. Costa Hold Pay Board $86,683.34 $73,183.33 $6,825.09 $126.00 $301.00 $57.74 $2,396.00 $793.12 $4,145.73 $169.20 $188.50 $207.69 $512.61 $8.33 $56.96 $4,500.00 $291.30 $3,397.41 $99.00 $1,204.50 $11,398.25 $125.00 $809.28 $50.00 $525.00 $775.00 $600.00 $725.00 $150.00 F$20,761.9 $179,542.4 3 5 Town of Wappinger Page 22 Printed 3/21/2012 rll� Town Board Meeting Minutes March 12, 2012 All State Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt NYSTCA Totals .00 I, Christine Fulton, 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 March 12, 2012, 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: 0 Adopted ADOPTED [UNANIMOUS] MOVER: Yes/Aye NO/Nay Abstain Absent 11Adopted as Amended Barbara Gutzler , Initiator 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder a ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ... ❑ ❑ Withdrawn Isma Y Czarniecki Voter ❑ _ ❑ Michael Kuzmicz Voter Dated: Wappingers Falls, New York March 12, 2012 The Resolution is hereby duly declared adopted. XII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmicz ABSENT: Ismay Czarniecki The meeting adjourned at 9.12 PM. Christine Fulton Town Clerk Town of Wappinger Page 23 Printed 3/21/2012 T