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2012-10-09 RGMI. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Minutes Approval Monday, September 24, 2012 V. Correspondence Log 2012-263. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Hearings Order Calling Public Hearing in the Matter of the Establishment of Extension No.3 to the United Wappinger Water District in the Town of Wappinger District in the Town of Wappinger, Dutchess County, New York Order Calling Public Hearing in the Matter of the Establishment of Extension No. 2 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York Order Calling Public Hearing in the Matter of the Establishment of Extension No. 2 to the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York VII. Public Portion VIII. Discussions A. Little League request for waiver of building use fees B. Pavilion Condo Association request for security patrol C. Acknowledgement of receipt of report on Town Hall Roof Evaluation and Implications D. Budget i. Supervisor and Town Board ii. Recreation, Parks and Senior Center iii. Accounting iv. Water and Sewer Districts and Improvement Areas V. Drainage Districts IX. Resolutions 2012-264. Resolution Making Certain Determinations in Relation to and Finding it to be in the Public Interest to Establish Extension No. 3 of the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York 2012-265. A Resolution Approving the Establishment of Extension No.3 to the United Wappinger Water District and the Improvements in Connection Therewith 2012-266. Resolution Making Certain Determinations in Relation to and Finding it to be in the Public Interest to Establish Extension No. 2 of the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York 2012-267. Resolution Approving the Establishment of Extension No. 2 to the United Wappinger Sewer District and the Improvements in Connection Therewith 2012-281. Resolution Making Certain Determinations in Relation to and Finding it to be in the Public Interest to Establish Extension No. 2 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York Town of Wappinger Page 1 Printed 101912012 Town Board Meeting Agenda October 9, 2012 2012-282. Resolution Approving the Establishment of Extension No. 2 to the United Wappinger Water District and the Improvements in Connection Therewith 2012-268. Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Progressive Casualty Insurance Company 2012-269. Resolution Authorizing Execution of Animal Housing Agreement with Dutchess County SPCA 2012-270. Resolution Adopting Certificate of Base Percentages, Current Percentages, Current Base Proportions and Certificate of Adjusted Base Proportions from the New York State Office of Real Property Services 2012-271. Resolution Authorizing Refund of Unused Post Planning Escrow for Don Bosco Blvd Site Plan (Account tl-6027PP) 2012-272. Resolution Authorizing Refund of Unused Escrow in Connection with Cash Bond Deposit for 'Retail Renovation Alto Music, Site Plan (Account 11=3233) 2012-273. Resolution Authorizing, Refund of Unused Post Planning Escrow for Bob Emig Construction Corp. Subdivision (Account 11-6032PP) 2012-274. Resolution Authorizing "the Execution of an Intermunicipal Agreement Between the City of N6w Yorkand' the" Town of Wappinger for Administration and Enforcement of the Construction Codes 2012-275. Resolution Authorizing a Civil Compromise and So -Ordered Stipulation of Settl`edient and Execution of Same in Connection with an Action Pending Ageinsf Sean McElduff 2012-276. Resolution of the Town'Board Regarding State Environmental Quality Review (SEQR) Determination of Non -Significance for the Extension of United Wappinger Water District Water Main to NYC DEP and Chelsea 2012-283. Resolution Accepting,, Proposed Benefit Assessment Rolls for Special Improvement, Districts. and Special Improvement Areas for Fiscal Year 2013 and Setting a Public Hearing to Hear Any Objections Thereto 2012-284. Resolution Authorizing a Public Hearing on the Intended Use of Community Development Block Grant Funds and the Submission of the Grant Application for Fiscal Year 2013 X. Items for Special Consideration XI. New Business XII. Town Board Review of Vouchers 2012-277. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2012-278. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2012-279. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2012-280. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIII. Adjournment Town of Wappinger Page 2 Printed 10/912012 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes ~ Christine Fulton 845-297-5771 Tuesday, October 9, 2012 7:30 PM Town Hall I. Call to Order Barbara Gutzler Town of Wappinger Supervisor ;Present William Beale Town of Wappinger Councilman % Present Vincent Bettina Town of Wappinger `Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman I Late 7:36 PM Michael Kuzmicz Town of Wappinger 1 Councilman ! Present Al Roberts Town of Wappinger [ Attorney to the Town Present Bob Gray Town of Wappinger Engineer to the Town ' Present II. Salute to the Flag III. Adoption of Agenda IV. 1. V. Motion To: amend the agenda adding Resolution 2012-284, to move the budget discussion to after the New Business, and to move resolution 2012-276 to after resolution 2012-267. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: " Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmiez ABSENT: Ismay Czarnecki Minutes Approval Monday, September 24, 2012 Vote Record - A'&6ptance UMiou"tes Tor Se"terahe'r` 24:,2012 7i3JO PM, Yes/Aye t No/Nay Abstain Absent _ 8 AdoptedBarbara Gutzler Barbara Gutzler Voter ® f ❑ ❑ ❑ 0 Accepted Seconder William Beale Initiator a ❑ . ❑ ❑ ❑ Accepted as Amended _ ,,,.,,. B Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Ismay Czamiecki Voter ❑ ❑ ❑ 0 ❑ ❑ Michael Kuzmicz Seconder D ❑ ❑ ❑ Correspondence Log RESOLUTION: 2012-263 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: r/ Vote Record =-Resolution RPS:201z263," Yes/Aye No/Nay Abstain Absent 8 AdoptedBarbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator _ ,,,.,,. B ❑ ❑ ❑ 11 Tabled ❑ Withdrawn Ismay Czamiecki Voter ❑ ❑ ❑ 0 Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. Town of Wappinger Page I Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 VI. Public Hearings 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) j own oj wappinger Page 2 Printed 10/17/2012 AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, depose and say: That on the 12th day of September, 2012 caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, an Order, certified by me, duly adopted by said Town Board on the 10th day of September, 2012. A true and correct copy of such order in the exact form in which the same was actually posted is attached hereto and made a part hereof. Subscribed and Agru to before me this 45 day • ,52012. — 4-m Notary Piiblic( BARBARA L ROBERM Notary Public, State o[New York .Reg. No. 01RO6130344 Dutchess County My CommissionExpiresJuly 18, M3 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 #87722 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 09/26/12. Sworn to before y4- this 26th day of September, 2012 NANCY 41YDUXE Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 3ournal N.Y. PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 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 26th day of Sept. in the year of 2012 and on the following dates thereafter, namely on: And ending on the day of in the year of2012 , both days inclusive. Sub cri d d sworn to before me this �� day of j /in the year of 2012 Notary My -commission expires r/ r 2- 0� Ab. 0"Off" in oUMM,0o1II� OO Oe Expires.JMMY x{.2014 AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, depose and say: That on the 12th day of September, 2012 caused to be posted on the official signboard,, maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, an Order, certified by me, duly adopted by said Town Board on the 10th day of September, 2012. A true and correct copy of such order in the exact form in which the same was actually posted is attached hereto and made a part hereof. Subscribed .n•• • • •. • ��i/ %.�.i//'2012. N So ePiudb Ir q BARBARA L. ROBERT! Notary Public, State of New York Reg. No. 01R06130344 Dutchess County My Commission Expires July 18, 2013 SOUTHERN DUTCHESS NORTHERN DUTCHESS 84 EAST MAIN STRE WAPPINGERS FALLS, NY Affidavit of Public To: TOWN OF WAPPINGERS FALLS C/0 TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #87723 State of NEW YORK SS: County of DUTCHESS I, CYNTHIA MCDONALD, being duly sworn, del and say: that I am the Publisher's Representative of Southern Dutchess News, 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 Dutcl News once on 09/26/12. t--1 D , -WC- i Sworn to before mehis 26th day of September, 201 /NANCY/HYDUKE Notary Public, State of NEW YOR] No. OIHY6221990 low Qualified in DUTCHESS County My commission expires on June 14, 2 �ournal 'UBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she .... was and still is the Principle Clerk of the Poughkeirpsie 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 successively, in each week, commencing on the 26th day of Sept. in the year of 2012 and on the following dates thereafter, namely on: both days inclusive. sworn to before me this day In thS�` of 2012 Notary ru Ay commission expires 1/;�z b �y �p 3I�61' 18� 1ti�R MaI,f:Ad in Du!chPss Count'► oo Exp;*t,.,. January 4, 2014 AFFIDAVIT OF POSTING STATE OF NEW YORK ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, depose I and say: i... That on the 12th day of September, 2012 caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, an Order, certified by me, duly adopted by said Town Board on the 10th day of September, 2012. A true and correct copy P of such order in the exact form in which the same was actually posted is attached hereto and made a part hereof. i I 2ATown Clerk .,n.�'.A . ��1122.. �.. BARBARA L STI Notary Public, State otNerr York Reg. No. OIR06130344 Dutchess County My Commission Expires July is, 2013 SOUTHERN NORTHERN 84 EAST WAPPINGERS Affidavit To: TOWN OF WAPPINGERS FALLS C/0 TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #87721 State of NEW YORK SS: County of DUTCHESS i DUTCHESS NEWS DUTCHESS NEW 16`dWSI 3Jl`d :6ul1oA MAIN STREET NVINIIONn00 FALLS, NY 12$ go 'VNI. 138 J 1N30NIA { 3AV :6u110A NVW1IONnoo of Publication 31V38'N.W`dIl-1IN1 3XV:6UI10A bOSIANEIcInS 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 09/26/12. Sworn to before this 26th day of September, 2012 /L i / NANCY HYPUKE Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County. My commission expires on June 14, 2014 :smollol to patins yon4mn a}on a 01. ndseM6ulo6aj019yl •�(Ia}eipawual y l g uoltoaS Plesa1o1e se 6upeay yt sof tas fieP ayt ,lojeq sAsp , f449n4 [e4ja1owjouuajuegj sal }ou me -j unnola41 00C uoltoaS 10 g uois inlpgns ,o4 juensmd )eUnqulew uMgl_ ay1 p o ieoq-ubs ' eql uo )a}sod aq of }o9j9g1 (doo ' e esneo. osle Ie,LIS 511910 unnol'pies pue `.piasa�o�e s.e 6ul pies which, is PetMorrwas s duly, signedby Amor LLC, Robert Tomp- kins, and !Eduardo Laurie (the "Appli- cants"), and further acknowledges re- ceipt of the aforesaid map, plan -arid report for an extension to United Wappinger Sewer District to pro- vide sewer service t the aforementioned parcels owned by the Applicants located on Old Post Road in the Town of Wappinger, a copy of which map, ! panul4uoa 1e60-1 -gersa ayt pue uolsua; `x3 P1esjof;0afojd lep -deo pies' SV3Z13HM pue foajagf jeuuew toefgns ay; ui palsaaa}ui uosied due Aq uogBuiwexa ini 1 ua jai n n��mc�u�m o -iiddVmayt<) eune� opjenP3 pue 'suji! -dwol pagotj 'OT elowV hq peu6is ding seen u0449d sl yoiyA 'U -01148d pauol}uau -ajo}e : ayj ul peso( -oid se 3oujsli3 Jannat jeBuiddeM pel!uf ayt fo uolsua;xa ue jC d, 8`41U0114ay3 sId�' I(gaaay PJeog UM0. ayl Z� 391 fie patdope pue 4p.4 t` A11% else japeo•siyt' pale.jodiedulere 43J, Ids -q'/,,0q suogelloi 9 41 1 uoanog0a :snnollof se 'voA me 'dtuno0. ssay01n `aeBuiddeM. to um, 941 10 pJeog unnol 6 dq"03?13JQNO ll '380_A3'ti3H1 'MC !me -j uMolayj jo £' uoi}oaS o1 tuensj Ile, `ei0ja.iayj, ;Pasw -oid '- s}uaanC -wI ayt pue `ajo}ar uolpled, ay} 'uoisi x3 pies 46" JuauUt -qe}se ag1jo uoi;se eqj uodn 6upe mou•si;}I ';$V3N3F VINCENT F a BETTINA, COUNCILKA VotingAYEno ISMmoCZARNIECKI, COUNCILWOMACOUNCILWOMANVoting: AYE MI CHAEL KUZMIC COUNCILMAN Voting: AYE Dated: Wappinge o Falls, NewYC 9/10/20 The Resolution hereby, duly declar adopted. CHRISTIP FULTON, TON CLEF _ur i� _M T o u _n._o_; Aqpaonpoiwisemuc -rilos8N Buwwpo,Tay 1N388' zoiwzn>j laeygil ilaalweZO'ULU eu!}iaj3 d.}uagu► ajea8 .H LUBW l s.iagwewiiouno; jepgn0 ejegjef :eepsie, N.Y. OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie ardi, of the City of Poughkeepsie, .ounty, New York, being duly sworn, says ;everal times hereinafter mentioned he/she 11 is the Principle Clerk of the PoughkeApsie s Division of Gannett Satellite Information Zc., publisher of the Poughkeepsie Journal, a published every day in the year 2012 in the ;hkeepsie, Dutchess County, New York, and sexed Notice was duly published in the said , in each week, commencing on the 26th ept. in the year of 2012 and UZI 1.11,, --�uvicai�vi, uamviy „i. SCEME D OCT 01 2012 TOWN OF WAPPINGER TOWN CLERK And ending on the day of they year of 2012 both days inclusive, sworn to before me this day -kn the years 2012 gess rAMMW tlnuary A• .014 Town Board Meeting Minutes October 9, 2012 Motion To: open the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Barbara Gutzler, William Beale; Vincent Bettina, Michael Kuzmicz ABSENT: Ismay, Czarniecki Order Calling Public Hearing in the Matter of the Establishment of Extension No.3 to the United Wappinger Water District in the Town of Wappinger District in the Town of Wappinger, Dutchess County, New York There were no comments. RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmicz ABSENT: Ismay Czarnecki Motion To: Open the floor to the public RESULT: ` ADOPTED, [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmicz ABSENT:; Ismay;Czarniecki Order Calling Public Hearing in the Matter of the Establishment of Extension No. 2 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York There were no comments. ..._.................................._..._.......__..............__..... . RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmicz ABSENT: Ismay Czarnecki Order Calling Public Hearing in the Matter of the Establishment of Extension No. 2 to the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York There were no comments RESULT: CLOSED [UNANIMOUS] MOVER. Vincent Bettina; Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmicz ABSENT: Ismay Czarnecki Motion To: open the floor to the public RESULT ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmicz ABSENT:Ismay Czarnecki Town of Wappinger Page 3 Printed 10/17/2012 Town Board Meeting Minutes nrtnhor Q ')nl VII. Public Portion Motion To: open the floor to the public There were no comments. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Michael Kuzmicz ABSENT: Ismay Czamiecki Motion To: close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VIII. Discussions A. Little League request for waiver of building use fees Motion To: waive the $100 building use fee for Little League l RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman Now j SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz B. Pavilion Condo Association request for security patrol Motion To: allow security from the Town Patrol to patrol the Pavilion Condos on October 30th and 31st. from 4pm to tam RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz C. Acknowledgement of receipt of report on Town Hall Roof Evaluation and Implications Engineer to the Town, Bob Gray, explained his report that he gave to the town board. He explained that the roof needs to be replaced. Supervisor Gutzler stated that the clerk's roof leaks am as well as other areas of the building. She suggested to keep the replacement of the roof in mind when considering the budget. She would like to make a decision by mid January 2013. She added she will be looking into grant money. Discussion continued. IX. Resolutions Town of Wappinger Page 4 Printed 10/17/2012 Tnwn Board Meetine Minutes October 9, 2012 RESOLUTION: 2012-264 Resolution Making Certain Determinations in Relation to and Finding it to be in the Public Interest to Establish Extension No. 3 of the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed water district extension, to be known as Extension No. 3 to the United Wappinger Water District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the following: purchase and installation of 4 -inch water distribution mains for connection to the existing District water main located near the junction of Route 9 and Old Post Road, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $35,000; and WHEREAS, the cost of said improvements shall be paid in the owners of property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $10,000 (Aurora), $2,000 (STS Tire) and $3,200 (Lauria), none being typical, and $0 to a one or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property therein in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $1,443.09 (Aurora), $745.13 (STS Tire) and $659.40 (Lauria), none being typical, and $0 to a one �+ or two family house therein, there being none; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and Chapter 117 of the Code of the Town of Wappinger, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects, a short Environmental Assessment Form having been prepared in connection therewith which is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on September 10, 2012, reciting a description of the boundaries of said proposed Extension No. 3 to the United Wappinger Water District the improvements proposed, the $35,000 maximum amount proposed to be expended for said improvements, the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 9th day of October, 2012, at 7:30 o'clock P.M., local time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 3 to the United Wappinger Water District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The petition for establishment of said proposed Extension No. 3 to the United Wappinger Water District was signed and acknowledged or proven or authenticated Town of Wappinger Page 5 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 as required by law and is otherwise sufficient b) All the property and property owners within said proposed Extension No. 3 to United Wappinger Water District, as described in the preambles hereof, are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed Extension No. 3 to United Wappinger Water District; and d) The establishment of said proposed Extension No. 3 to United Wappinger Water District is in the public interest. Section 2. This resolution shall take effect immediately in accordance with the provision of Section 194(1) of the Town Law. The foregoing was put to a vote which fesulted as follows: Vote Record - Resolution RES -2012-264 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 0 ❑ 0 ❑ Defeated William Beale Voter 0 0 0 ❑ Tabled Vincent Bettina Voter p ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder p ❑ ❑ Michael Kuzmicz Initiator p 0 ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-265 A Resolution Approving the Establishment of Extension No.3 to the United Wappinger Water District and the Improvements in Connection Therewith WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed water district extension, to be known as Extension No. 3 to the United Wappinger Water District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and WHEREAS, the improvements proposed for said Extension consist of the following: purchase and installation of 4 -inch water distribution mains for connection to the existing District water main located near the junction of Route 9 and Old Post Road, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $35,000; and WHEREAS, the cost of said improvements shall be paid in the owners of property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $10,000 (Amora), $2,000 (STS Tire) and $3,200 (Lauria), none being typical, and $0 to a one or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property therein in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $1,443.09 (Amora), $745.13 (STS Tire) and $659.40 (Lauria), none being typical, and $0 to a one or two family house therein, there being none; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and Chapter 117 of the Code of the Town of Wappinger, and the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects, a short Environmental Assessment Form having been prepared in connection therewith which is on file in the office of the Town Clerk where it may be reviewed during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on September 10, 2012, reciting a description of the boundaries of said proposed Extension No. 3 to the United Town of Wappinger Page 6 Printed 10/17/2012 Tnwn Board Meeting Minutes October 9, 2012 Wappinger Water District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed method of payment to be employed, the fact that said petition, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 9th day of October, 2012, at 7:30 o'clock P.M., local time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said Extension No. 3 to the United Wappinger Water District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; and WHEREAS, said Town Board has adopted a resolution on this date making the findings and determinations required pursuant to Section 194 (1) of the Town Law; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows in accordance with the provision of Section 194(2) of the Town Law: Section 1. The establishment of Extension No. 3 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvements proposed therefor consisting of the purchase and installation of 4 -inch water distribution mains for connection to the existing District water main located near the junction of Route 9 and Old Post Road, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described, at a maximum estimated cost of $35,000, is hereby approved. The cost of said improvements shall be paid by the owners of the property therein and no serial bonds of said Town shall be issued therefore. Section 2. Said Extension shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. Section 3. The Town Clerk shall, within ten (10) days of adoption hereof, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, and shall cause a certified copy to be duly recorded in the office of the County Clerk. Section 4. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-265 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-266 Resolution Making Certain Determinations in Relation to and Finding it to be in the Public Interest to Establish Extension No. 2 of the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed sewer district extension, to be known as Extension No. 2 to the United Wappinger Sewer District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and Town of Wappinger Page 7 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the following: purchase and installation of 8 -inch gravity sewer collection mains for connection to the existing District sewer main located near the junction of Route 9 and Old Post Road and, including a pump station, and original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $35,000; and WHEREAS, the cost of said improvements shall be paid in the owners of property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $15,000 (Aurora), $3,000 (STS Tire) and $4,800 (Lauria), none being typical, and $0 to a one or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property therein in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $3,760.63 (Aurora), $3,760.63 (STS Tire) and $1,938.37 (Lauria), none being typical, and $0 to a one or two family house therein, there being none; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and Chapter 117 of the Code of the Town of Wappinger, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects, a short Environmental Assessment Form having been prepared in connection therewith which is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on September 10, 2012, reciting a description of the boundaries of said proposed Extension No. 2 to the United Wappinger Sewer District the improvements proposed, the $35,000 maximum amount proposed to be expended for said improvements, the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 9th day of October, 2012, at 7:30 o'clock P.M., local time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 2 to the United Wappinger Sewer District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The petition for establishment of said proposed Extension No. 2 to the United Wappinger Sewer District was signed and acknowledged or proven or authenticated as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No. 2 to United Wappinger Sewer District, as described in the preambles hereof, are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed Extension No. 2 to United Wappinger Sewer District; and d) he establishment of said proposed Extension No. 2 to United Wappinger Sewer District is in the public interest. Section 2. This resolution shall take effect immediately in accordance with the provision of Section 194(1) of the Town Law. Town of Wappinger Page 8 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-266 Yes/Aye No/Nay Abstain Absent 0 Adopted p Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-267 Resolution Approving the Establishment of Extension No. 2 to the United Wappinger Sewer District and the Improvements in Connection Therewith WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed sewer district extension, to be known as Extension No. 2 to the United Wappinger Sewer District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and WHEREAS, the improvements proposed for said Extension consist of the following: purchase and installation of 8 -inch gravity sewer collection mains for connection to the existing District sewer main located near the junction of Route 9 and Old Post Road and, including a pump station, and original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $35,000; and WHEREAS, the cost of said improvements shall be paid in the owners of property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $15,000 (Aurora), $3,000 (STS Tire) and $4,800 (Lauria), none being typical, and $0 to a one or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property therein in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $3,760.63 (Aurora), $3,760.63 (STS Tire) and $1,938.37 (Lauria), none being typical, and $0 to a one or two family house therein, there being none; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and Chapter 117 of the Code of the Town of Wappinger, and the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects, a short Environmental Assessment Form having been prepared in connection therewith which is on file in the office of the Town Clerk where it may be reviewed during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on September 10, 2012, reciting a description of the boundaries of said proposed Extension No. 2 to the United Wappinger Sewer District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed method of payment to be employed, the fact that said petition, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 9th day of October, 2012, at 7:30 o'clock P.M., local time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said Extension No. 2 to the United Wappinger Sewer District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the Town of Wappinger Page 9 Printed 10/17/2012 Town Board Meeting Minutes October 9. 2012 manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; and WHEREAS, said Town Board has adopted a resolution on this date making the findings and determinations required pursuant to Section 194 (1) of the Town Law; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows in accordance with the provision of Section 194(2) of the Town Law: -- Section 1. The establishment of Extension No. 2 to the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvements proposed therefor consisting of the purchase and installation of 8 -inch gravity sewer collection mains for connection to the existing District sewer main located near the junction of Route 9 and Old Post Road and, including a pump station, and original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described, at a maximum estimated cost of $35,000, is hereby approved. The cost of said improvements shall be paid by the owners of the property therein and no serial bonds of said Town shall be issued therefore. Section 2. Said Extension shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. Section 3. The Town Clerk shall, within ten (10) days of adoption hereof, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, and shall cause a certified copy to be duly recorded in the office of the County Clerk. Section 4. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2012-267 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter Q 0 ❑ 0 ❑ Defeated William Beale Voter 0 ❑ ❑ 0 ❑ Tabled Vincent Bettina Voter 10 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Initiator 2 ❑ ❑ 0 Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLt1TION: 2012-276 Resolution of the Town Board Regarding State Environmental Quality Review (SEQR) Determination of Non -Significance for the Extension of United Wappinger Water District Water Main to NYC DEP and Chelsea WHEREAS, the Town Board of the Town of Wappinger has entered into an Agreement in Principle with the New York City Department of Environmental Protection to prepare design plans and specifications and a Map, Plan and Report for the United Wappinger Water District water main extension to the NYCDEP Shaft 6 parcel on River Road; and WHEREAS, the extension of the water district and construction of the water main are subject to compliance with the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder at 6 NYCRR, Part 617 (SEQR); and WHEREAS, the Town Board has caused to be prepared Part 1 of a Full Environmental Assessment Form (Full EAF); WHEREAS, by Resolution 2012-184, the Town Board authorized the circulation of notices of its intent to serve as lead agency for the proposed action; and WHEREAS, by Resolution 2102-245, the Town Board declared itself to be Lead Agency for coordinated review of the action pursuant to 6 NYCRR 617.6; and determined that Extension No. 2 of the United Wappinger Water District to the NYC DEP Parcel and to the Chelsea Hamlet is a Type 1 action under the SEQRA regulations found at 6 NYCRR Part 617; WHEREAS, the Town Board has reviewed Part 1 of a Full EAF; and caused to be Town of Wappinger Page 10 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 prepared and reviewed Parts 2 and 3 of a Full EAF; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the Action does not involve a Federal agency. 3. The Town Board hereby finds and determines that: a) it has considered the Action, reviewed all parts of the Full EAF, reviewed the criteria set forth in 6 NYCRR section 617.7(c), thoroughly analyzed the relevant areas of potential environmental concern, and has duly considered all of the potential project environmental impacts and their magnitude in connection with the proposed action; b) United Wappinger Water District water main extension to the NYCDEP Shaft 6 parcel on River Road and Chelsea Hamlet will not result in any large and important environmental impacts, and, therefore, is one which will not have a significant impact on the environment; and c) the reasons supporting this determination are set forth on the attached Notice of Determination of Non -Significance with respect to this project (a copy of which said form is on file in the Office of the Town Clerk of the Town of Wappinger). 4. The Town Board, as Lead Agency with reference to the above-described project, hereby: a) adopts a negative declaration pursuant to 6 NYCRR section 617.7 with respect to the project, b) authorizes the Supervisor of the Town of Wappinger to sign a negative declaration determination of non -significance with respect to the project, c) directs the Town Clerk to circulate a copy to involved agencies; and to publish a notice in the Environmental notices bulletin (ENB); and d) directs the Town Clerk to file a copy of said negative declaration determination of non -significance in the records of the Town. 5. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-276 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ E]❑ ❑ Adopted as Amended William Beale Seconder ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-281 Resolution Making Certain Determinations in Relation to and Finding it to be in the Public Interest to Establish Extension No. 2 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York WHEREAS, New York City owns and its Department of Environmental Protection ("DEP") operates New York City's water supply system, which provides, on average, 1 billion gallons of high quality drinking water to the residents of New York City and other municipalities; and WHEREAS, New York City's drinking water is supplied by three (3) primary aqueducts, one of which is the Delaware aqueduct which passes through the Town of Wappinger after transversing approximately 600 feet below the Hudson River; and WHEREAS, DEP has identified two leaks in a section of the Delaware Aqueduct and has undertaken a project to address the leaks to assure the long term sustainability of its ability to supply water to New York City; and WHEREAS, the aqueduct repair project is known as the "Water for the Future" Project ("WFF Project") which involves, among other things, the construction of a bypass tunnel that will cross underneath the Hudson River and continue through portions of the Town of Wappinger, Town of Wappinger Page 11 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 Dutchess County, New York (the "Town"); and WHEREAS, as a component of the WFF Project, DEP will construct anew shaft on the eastern side of the Hudson River on New York City property located in the Hamlet of Chelsea in said Town and otherwise referred to as the "Chelsea Shaft 6B Site" located at the Hudson River on River Road North in the Town; and WHEREAS, for the construction of the bypass tunnel and the new Shaft 6B, DEP will require approximately 169,200 gallons of water per day commencing in the fall of 2013; and WHEREAS, in the future, the Town expects that it will need to provide a source of good quality water to the Chelsea Hamlet area geographically to the south of the proposed Extension No. 2, where many of the residents are located on small parcels that currently use individual well sources that have become unreliable; and WHEREAS, DEP proposes to contract with the Town for the construction of a 12 inch water main utilizing the water facilities of the United Wappinger Water District (the "District"); and WHEREAS, after the conclusion of the WFF Project, the water main can be used to supply water to the residents of the Chelsea Hamlet area as well as other residents of the Town of Wappinger along the pipeline route in future extensions to the United Wappinger Water District which residents cannot be served simultaneously with the WFF Project due to constraints in water supply and therefore cannot be benefitted by the extension herein described; and WHEREAS, the Town and DEP have entered into an Agreement in Principal, outlining the terms and conditions pursuant to which the Town of Wappinger will construct a 12 inch water main from the point of connection with the District water system located near Route 9 and Old Hopewell Road to the Chelsea Shaft 6B Site, each in said Town; and WHEREAS, a written petition has been duly filed by New York City with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed water district extension, to be known as Extension No. 2 to the United Wappinger Water District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the purchase and installation of 12" water distribution mains for connection to the existing District water main located at the junction of Route 9 and Old Hopewell Road and extending approximately 20,000 linear feet through to Wheeler Hill Road and then southward to Carnworth Farms to the Chelsea Shaft 6B Site located in the Hamlet of Chelsea, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $9,000,000; and WHEREAS, the cost of said improvements shall be paid in full by the owner of the property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension having a sole parcel being the Chelsea Shaft 6B site, is $0, and $0 to any one or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property therein having a sole parcel being the Chelsea Shaft 6B site, in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $99,150 and is $0 to any one or two family house therein, there being none; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, +�•.� the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; a full Environmental Assessment Form has been prepared in connection therewith and is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on September 10, 2012, reciting a description of the boundaries of said proposed Extension No. 2 to the United Wappinger Water District, the improvements proposed, the $9,000,000 maximum amount proposed to be expended for said improvements, the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 91h day of October, 2012, at 7:30 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time Town of Wappinger Page 12 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 2 to the United Wappinger Water District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said petition and said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The petition for establishment of said proposed Extension No. 2 to the United Wappinger Water District was signed and acknowledged or proven or authenticated as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No. 2 to United Wappinger Water District, as described in the preambles hereof, are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed Extension No. 2 to United Wappinger Water District; and d) The establishment of said proposed Extension No. 2 to United Wappinger Water District is in the public interest. Section 2. This resolution shall take effect immediately in accordance with the provision of Section 194(1) of the Town Law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2012-281 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 El ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-282 Resolution Approving the Establishment of Extension No. 2 to the United Wappinger Water District and the Improvements in Connection Therewith WHEREAS, New York City owns and its Department of Environmental Protection ("DEP") operates New York City's water supply system, which provides, on average, 1 billion gallons of high quality drinking water to the residents of New York City and other municipalities; and WHEREAS, New York City's drinking water is supplied by three (3) primary aqueducts, one of which is the Delaware aqueduct which passes through the Town of Wappinger after transversing approximately 600 feet below the Hudson River; and WHEREAS, DEP has identified two leaks in a section of the Delaware Aqueduct and has undertaken a project to address the leaks to assure the long term sustainability of its ability to supply water to New York City; and WHEREAS, the aqueduct repair project is known as the "Water for the Future" Project ("WFF Project") which involves, among other things, the construction of a bypass tunnel that will cross underneath the Hudson River and continue through portions of the Town of Wappinger, Dutchess County, New York (the "Town"); and WHEREAS, as a component of the WFF Project, DEP will construct a new shaft on the eastern side of the Hudson River on New York City property located in the Hamlet of Chelsea in said Town and otherwise referred to as the "Chelsea Shaft 6B Site" located at the Hudson River on River Road North in the Town; and Town of Wappinger Page 13 Printed 10/17/2012 Town Board Meeting Minutes October 9. 2012 WHEREAS, for the construction of the bypass tunnel and the new Shaft 6B, DEP will require approximately 169,200 gallons of water per day commencing in the fall of 2013; and WHEREAS, in the future, the Town expects that it will need to provide a source of good quality water to the Chelsea Hamlet area geographically to the south of the proposed Extension No. 2, where many of the residents are located on small parcels that currently use individual well sources that have become unreliable; and WHEREAS, DEP proposes to contract with the Town for the construction of a 12 inch water main utilizing the water facilities of the United Wappinger Water District (the "District"); and WHEREAS, after the conclusion of the WFF Project , the water main can be used to supply water to the residents of the Chelsea Hamlet area as well as other residents of the Town of Wappinger along the pipeline route in future extensions to the United Wappinger Water District which residents cannot be served simultaneously with the WFF Project due to constraints in water supply and therefore cannot be benefitted by the extension herein described; and WHEREAS, the Town and DEP have entered into an Agreement in Principal, outlining the terms and conditions pursuant to which the Town of Wappinger will construct a 12 inch water main from the point of connection with the District water system located near Route 9 and Old Hopewell Road to the Chelsea Shaft 6B Site, each in said Town; and WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed water district extension, to be known as Extension No. 2 to the United Wappinger Water District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the purchase and installation of 12" water distribution mains for connection to the existing District water main located at the junction of Route 9 and Old Hopewell Road and extending approximately 20,000 linear feet through to Wheeler Hill Road and then southward to Carnworth Farms to the Chelsea Shaft 6B Site located in the Hamlet of Chelsea, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $9,000,000; and WHEREAS, the cost of said improvements shall be paid in full by the owner of the property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension having a sole parcel being the Chelsea Shaft 6B site, is $0, and $0 to any one or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property therein having a sole parcel being the Chelsea Shaft 6B site, in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $99,150 and is $0 to any one or two family house therein, there being none; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; a full Environmental Assessment Form has been prepared in connection therewith and is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on September 10, 2012, reciting a description of the boundaries of said proposed Extension No. 2 to the United Wappinger Water District, the improvements proposed, the $9,000,000 maximum amount proposed to be expended for said improvements, the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 9th day of October, 2012, at 7:30 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 2 to the United Wappinger Water District Extension No. 2 and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the Town of Wappinger Page 14 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said petition and said map, plan and report and the evidence given at said public hearing; and WHEREAS, said Town Board has adopted a resolution on this date making the findings and determinations required pursuant to Section 194 (1) of the Town Law; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows in accordance with the provision of Section 194(2) of the Town Law: Section 1. The establishment of Extension No. 2 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvements proposed therefor consisting of the purchase and installation of 12" water distribution mains for connection to the existing District water main located at the junction of Route 9 and Old Hopewell Road and extending approximately 20,000 linear feet through to Wheeler Hill Road and then southward to Carnworth Farms to the Chelsea Shaft 6B Site located in the Hamlet of Chelsea, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described, at a maximum estimated cost of $9,000,000, is hereby approved. The cost of said improvements shall be paid by the owner of the property therein and no serial bonds of said Town shall be issued therefore. Section 2. Said Extension shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. Section 3. The Town Clerk shall, within ten (10) days of adoption hereof, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, and shall cause a certified copy to be duly recorded in the office of the County Clerk.. Section 4. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-282 Yes/Aye No/Nay Abstain Absent ❑ Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 10 ❑ ❑ El 11 Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Withdrawn Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. 8. Motion To: table resolution 2012-268 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz RESOLUTION: 2012-268 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Progressive Casualty Insurance Company WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2007, 2008, 2009, 2010, 2011 and 2012 by Progressive Casualty Insurance Company, regarding Grid No. 6157-04-674155, seeking a reduction in the 2007 through 2012 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of this tax review proceeding; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review Town of Wappinger Page 15 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 proceeding for the years 2007 through 2012, as it pertains to Grid No.: 6157-04-674155, as follows: Tax Year Original Total Assessment Revised Total Assessment Reduction 2007/08 2,000,000 1,450,000 550,000 2008/09 2,000,000 1,450,000 550,000 2009/10 2,000,000 1,344,000 656,000 2010/11 2,000,000 1,240,620 759,380 2011/12 2,000,000 1,215,808 784,192 2012/13 2,000,000 900,000 HEJ 1, 100,000 `NO :and BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-268 21 Adopted Yes/Aye No/Nay Abstain I Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 0 ❑ ❑ Defeated William Beale Initiator 0 0 ❑ ❑ ❑ Tabled Vincent Bettina Voter a 0 0 ❑ Withdrawn Ismay Czamiecki Voter D ❑ ❑ Michael Kuzmicz Seconder 2 0 ❑ 0 Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-269 Resolution Authorizing Execution of Animal Housing Agreement with Dutchess County SPCA WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law § 118; and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period; and WHEREAS, the Dutchess County Society for the Prevention of Cruelty to Animals (hereinafter DCSPCA) maintains a kennel for boarding of dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York 12538; and WHEREAS, in accordance with Agriculture and Markets Law § 115(2), the Town Board wishes to contract with DCSPCA to provide shelter for dogs seized by the Town Dog Control Officer; and WHEREAS, the Town Board wishes to enter into an Animal Housing Agreement with DCSPCA to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, DCSPCA has presented to the Town an Animal Housing Agreement, a copy of which is annexed hereto; and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Animal Housing Agreement as above described. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby approves the Animal Housing Agreement, in the form annexed hereto and authorizes and directs the Supervisor to execute the Agreement by and on behalf of the Town of Wappinger, subject to any modifications recommended by the Attorney to the Town. 3. The Town Clerk is hereby directed to forward the Agreement to the DCSPCA for signature. Town of Wappinger Page 16 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-269 Yes/Aye No/Nay Abstain Absent Adopted p Barbara Gutzler Voter 2 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter D ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator a ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. Now RESOLUTION: 2012-270 Resolution Adopting Certificate of Base Percentages, Current Percentages, Current Base Proportions and Certificate of Adjusted Base Proportions from the New York State Office of Real Property Services WHEREAS, the Town has received a Certificate of Base Percentages, Current Percentages, Current Base Proportions and Certificate of Adjusted Base Proportions for the Assessment Roll from the New York State Office of Real Property Services, dated September 19, 2012; and WHEREAS, the Town CAP Assessor has attested to the accuracy of the Certificate of Base Percentages, Current Percentages and Current Base Proportions for the Assessment Roll from the New York State Office of Real Property Services, dated September 19, 2012. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby accepts and adopts the Certificate of Base Percentages, Current Percentages and Current Base Proportions for the Assessment Roll from the New York State Office of Real Property Services, dated September 19, 2012, a copy of which has been provided to the Town Board in support of this Resolution. .N, 3. Christine Fulton, Town Clerk, is hereby authorized to certify on behalf of the Town the Certificate of Adjusted Base Proportions for the 2012 Assessment Roll. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-270 Yes/Aye No/Nay Abstain Absent Adopted - Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ El ❑ Tabled Ismay Czamiecki Voter 2 ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-271 Resolution Authorizing Refund of Unused Post Planning Escrow for Don Bosco Blvd Site Plan (Account 11-6027PP) WHEREAS, on or about August 12, 2011, Bottini Property Management, LLC d/b/a Wappinger Airport Drive, LLC (hereinafter the "Applicant") made a deposit in the amount of Three Thousand, Seven Hundred Fifty Dollars ($3,750.00) into an escrow account with the Town of Wappinger in connection with post planning review for site plan approval under Application Number 11-6027PP; and WHEREAS, the site plan application was approved and the Resolution of Approval was signed by the Planning Board Chairman on July 18, 2012; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Two Thousand, Nine Hundred Seventy -Six and 50/100 Dollars Town of Wappinger Page 17 Printed /0/17/2012 Town Board Meeting Minutes OrtnhPr q 9n1 ($2,976.50) remains in escrow account number 11-6027PP and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of Two Thousand, Nine Hundred Seventy -Six and 501100 Dollars ($2,976.50) from escrow account number 11-6027PP, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2012-271 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Seconder 0 0 ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 0 ❑ 0 ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Initiator 0 ❑ ❑ 0 Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-272 Resolution Authorizing Refund of Unused Escrow in Connection with Cash Bond Deposit for Retail Renovation Alto Music Site Plan (Account 11-3233) WHEREAS, on or about May 20, 2011, Jon Haber of DRJAM Holdings, LLC (hereinafter the "Applicant") filed an application for Site Plan Approval under Application ""' Number 11-3233; and WHEREAS, on or about November 16, 2011, a deposit of a Cash Bond in the amount of Five Thousand Dollars ($5,000.00) was deposited into an escrow account with the Town of Wappinger to insure the completion of the installation of windows; and WHEREAS, the Planning Board approved the windows and the Amended Site Plan was approved and signed by the Planning Board Chairman on September 26, 2012; and WHEREAS, the Applicant has requested the refund of the Cash Bond in the amount of Five Thousand Dollars ($5,000.00); and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund of the Cash Bond to the Applicant in the amount of Five Thousand Dollars ($5,000.00) from escrow account number 11-3233. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-272 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Seconder 0 ❑ ❑ 0 ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ 0 Michael Kuzmicz Voter 0 ❑ ❑ 0 Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. Town of Wappinger Page 18 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 RESOLUTION: 2012-273 Resolution Authorizing Refund of Unused Post Planning Escrow for Bob Emig Construction Corp. Subdivision (Account 11-6032PP) WHEREAS, on or about October 28, 2011, Robert Emig, President of Bob Emig Construction Corp. (hereinafter the "Applicant") made a deposit in the amount of Three Thousand, Seven Hundred Fifty Dollars ($3,750.00) into an escrow account with the Town of Wappinger in connection with post planning review for subdivision approval under Application Number 11-6032PP; and WHEREAS, the subdivision application was approved and the Resolution of Approval was signed by the Planning Board Chairman on September 19, 2011; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Three Thousand, Four Hundred Thirty -Six and 50/100 Dollars ($3,436.50) remains in escrow account number 11-6032PP and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of Three Thousand, Four Hundred Thirty -Six and 50/100 Dollars ($3,436.50) from escrow account number 11-6032PP, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-273 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 El ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ 11 Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-274 Resolution Authorizing the Execution of an Intermunicipal Agreement Between the City of New York and the Town of Wappinger for Administration and Enforcement of the Construction Codes WHEREAS, the Delaware Aqueduct which supplies water to the City of New York (City) and other municipalities traverses the Town of Wappinger; and WHEREAS, the City through the Department of Environmental Protection (DEP) has fee title to certain real property in the Town of Wappinger and has easement interests in other parcels; and WHEREAS, the DEP needs to make repairs to the Delaware Aqueduct which includes the construction of the Rondout-West Branch Tunnel Bypass Project ("RWBT Bypass Project"); and WHEREAS, as part of the RWBT Bypass Project a new shaft, designated as "Shaft 6B" will be constructed on real property in the Town owned by the City designated as Tax Parcel ID 135689-6056-01-288977 and a bypass tunnel ("Bypass Tunnel") connecting Shaft 6B to a new shaft being constructed in the Town of Wappinger, NY; and WHEREAS, certain New York City Codes jurisdictionally apply to the RWBT Bypass Project and compliance with same is the responsibility of the City through DEP; and WHEREAS, the City has requested that the Town's Code Enforcement Officials inspect and certify compliance of the RWBT Bypass Project with applicable City Codes; and WHEREAS, the City and the Town hereby agree to the terms and conditions as contained in the Intermunicipal Agreement for Administration and Enforcement of the Construction Codes in substantially the same form as attached hereto and the Town reserves the Town of Wappinger Page 19 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 right to make any changes thereto as may be required; and WHEREAS, the Town Board hereby authorizes the Town Supervisor to execute the Intermunicipal Agreement. 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 Members individually confirm that they have each read the Intermunicipal Agreement attached hereto, and understand the terms, conditions and obligations therein. 3. The Town Board hereby authorizes Supervisor Barbara A. Gutzler to execute the Intermunicipal Agreement by and on behalf of the Town of Wappinger, • w evidencing the Town's agreement to the terms, conditions and obligations contained therein, specifically to inspect, enforce and ensure compliance with referenced City Codes. 4. The Town Board further authorizes the Supervisor and the Attorney to the Town to negotiate and modify the wording of any of the terms, conditions or obligations contained in the Intermunicipal Agreement, provided that such modifications are substantially consistent with the terms and conditions as stated therein. The foregoing was put to a vote which resulted as follows: Vote Record -Resolution RES -2012-274 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter p ❑ ❑ ❑ Defeated William Beale Seconder a ❑ ❑ ❑ Tabled Vincent Bettina Initiator a 0 ❑ 0 El Withdrawn Isma Czarniecki Y - Voter 0 ❑ ❑ p Michael Kuzmicz Voter p ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-275 Resolution Authorizing a Civil Compromise and So -Ordered Stipulation of Settlement and Execution of Same in Connection with an Action Pending Against Sean McElduff WHEREAS, Defendant, Sean Mc Elduff, was served with various violations of the Town of Wappinger Code including, but not limited to, placing large amount of fill material onto Town owned property, as well as grading without a permit and non-compliance of a stop work order; and WHEREAS, in lieu of removing the fill, Defendant, Sean Mc Elduff, has volunteered to make certain improvements to the Town of Wappinger Robinson Lane Recreation Field, specifically constructing a 30 foot baseball dugout, as community service and in furtherance of a Civil Compromise of the above mentioned charges; and WHEREAS, the baseball dugout has been inspected and approved, and a Certificate of Compliance has been issued by the Town of Wappinger Code Enforcement Officer, Salvatore Morello; and WHEREAS, the parties desire to enter into a Civil Compromise to resolve the pending charges upon the terms and conditions as set forth in the Civil Compromise and So -Ordered Stipulation of Settlement, a copy of which is affixed hereto; and WHEREAS, the Town hereby authorizes the Attorney to the Town, Albert P. Roberts, to enter into a Civil Compromise to resolve the pending charges against Sean Mc Elduff upon the terms and conditions set forth in the above referenced Civil Compromise. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves the terms and conditions of the Civil Compromise and So -Ordered Stipulation of Settlement and hereby authorizes the Attorney to the Town to execute same in full satisfaction of all charges against Sean Mc Elduff. 3. The Town Board also acknowledges that Code Enforcement Officer, Salvatore Morello, has confirmed that all Building and Zoning Code violations at the Defendant's residence have been remedied and agree to request the Justice Court Town of Wappinger Page 20 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 to dismiss all charges against the Defendant, with prejudice, upon the execution of this Civil Compromise and So -Ordered Stipulation of Settlement. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-275 ; Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 El ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ withdrawn Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-283 Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2013 and Setting a Public Hearing to Hear Any Objections Thereto WHEREAS, the Town Assessor has created preliminary benefit assessment rolls for all Special Improvement Districts and Improvement Areas within the Town of Wappinger for the Fiscal Year 2013 and filed said rolls with the Town Clerk pursuant to Town Law § 239; and WHEREAS, the Town Board, as required by Town Law § 239, hereby schedules and orders a Public Hearing for the purposes of hearing and considering any objections which may be made to the aforementioned assessment rolls for the Special Improvement Districts and Special Improvement Areas for Fiscal Year 2013. 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 confirms that the preliminary benefit assessment rolls for all now Special Improvement Districts and Special Improvement Areas in the Town of Wappinger have been filed with the Town Clerk as required by Town Law §239. 3. The Town Board hereby schedules a Public Hearing to be held at a special meeting of the Town Board on October 22, 2012 at 7:30 p.m. at Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the purposes of hearing and considering any objections which may be made to the benefit assessment rolls for the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger listed below for Fiscal Year 2013: SPECIAL IMPROVEMENT DISTRICTS Town -wide Ambulance District United Wappinger Water District Fleetwood Water District Mid -Point Park Sewer District Wildwood Sewer District Fleetwood Sewer District Cameli Lighting District Chelsea Lighting District Hughsonville Lighting District United Wappinger Sewer District Keenan Acres Drainage District Blackwatch Farms Drainage District Meadowood Drainage District Shamrock Hills Drainage District Tuscany Subdivision Drainage District SPECIAL IMPROVEMENT AREAS: WST/TIA - Transmission Pipe Only Sewer Improvement Area #5 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Town of Wappinger Page 21 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 Tall Trees Water Improvement Area Watch Hill Water Improvement Area 4. The Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) nor more than twenty (20) days prior to said public hearing date and to post the Notice of Public Hearing on the Message Board of the Town and on the Town's website. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-283 0 Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 1 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-284 Resolution Authorizing a Public Hearing on the Intended Use of Community Development Block Grant Funds and the Submission of the Grant Application for Fiscal Year 2013 WHEREAS, the Dutchess County Department of Planning and Development is soliciting applications for the 2013 Community Development Block Grant Program; and WHEREAS, the Town of Wappinger intends to make application for a Community Development Block Grant pursuant to the Dutchess County Department of Planning and Development's Community Development Block Grant Program for fiscal year 2013; and WHEREAS, the Town of Wappinger is required to hold a Public Hearing to discuss the too Town's intended use of Community Development Block Grant Funds prior to and in furtherance of making application for said funds. 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 schedules a Public Hearing to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 15th day of October, 2012 at 7:30 P.M. at which time all parties in interest and citizens shall have an opportunity to offer comments and suggestions on the Town's intended use of Community Development Block Grant Funds being applied for by the Town of Wappinger for calendar year 2013. 3. The Town Board has determined that pursuant to 6 NYCRR 617.5(c)(21) the proposed adoption of the aforementioned Resolution is a Type II action not requiring environmental review pursuant to the State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 and, accordingly, no environmental review has been undertaken. 4. The Town Clerk is hereby directed to post and publish the Notice of Public Hearing in the form annexed hereto which said publications are to be made in the Poughkeepsie Journal and the Southern Dutchess News at least five (5) days prior to the scheduled Public Hearing and post same on the Town's website. 5. The Town Board hereby further authorizes and directs Greg W. Bolner, P.E. of Clark Patterson Lee Design Professionals to prepare and submit the Grant Application for fiscal year 2013; Mr. Bolner shall be paid in accordance with his hourly rate previously approved by the Town Board. Town of Wappinger Page 22 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 FI The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2012-284 ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. Items for Special Consideration XI. New Business A. Supervisor Gutzler Emergency service mold and remediation of duct work. Motion To: awarding the project to Subclean Indoor Air Inc. Buildings and Grounds Supervisor, Steve Frazier explained that he received a call from the Troopers stating there was a mold issue. He then removed the sheet rock. Using mold sensor kit he found that the area tested positive. He called a company to take care of the mold and the duct work. Supervisor Gutzler suggested that they take the advice of Steve Frazier and the Town Engineer, Bob Gray, to have the issue taken care of. Supervisor Gutzler made a motion to award Subclean indoor air Inc the job. Seconded by Councilman Beale all were in favor. RESULT: ADOPTED [UNANIMOUS] MOVER: Barbara Gutzler, Supervisor SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: recess for a few minutes RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czamiecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: come back into session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz XII. Budget A. Supervisor and Town Board B. Recreation, Parks and Senior Center Town of Wappinger Page 23 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 C. Accounting D. Water and Sewer Districts and Improvement Areas E. Drainage Districts XIII. Town Board Review of Vouchers RESOLUTION: 2012-277 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 -AA Vendor A (General Town wide) B (General PartTown T14 Allstate DB (Highway) CAMO Pollution Central Hudson $41.14 Central Hudson $548.38 Central Hudson $37.05 Platt's Locksmith $15.00 MVP Health Plan $21,966.49 $5,840.80 $17,649.37 MVP Gold Health Plan $3,689.40 Clove Excavators Inc $14,035.00 West Payment Center $158.00 Coffee Systems $127.06 Frederick P. Clark Assoc Frederick P. Clark Assoc $325.50 Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc $1,596.50 Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Arkel Motors $87.57 Baright Enterprises $42.00 NYSBOC $25.00 Office of State $16,689.25 Comptroller Tilcon $1,284.26 Staples $16.50 Staples $21.23 Commissioner of Finance $117.76 Cablevision $252.65 D&D Doors $200.00 Snap on Tools $61.90 H.V. Wipers & Supply $150.00 Poland Spring $165.15 All State $809.28 Big Top Portable Toilets $78.50 Cornerstone $335.39 $33.54 David Montfort $400.00 A-1 Communications $48.78 Town of Wappinger Page 24 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 American Printing $129.58 American Printing $92.44 Hannaford $19.98 A Copy a Second $464.88 Totals $45,015.02 $8,062.93 $809.28 $33.668.10 Vendor HWN (NYC DEP) WU (Wapp United T92 (Escrow) CAMO Pollution $680.00 Central Hudson Central Hudson Central Hudson Platt's Locksmith MVP Health Plan MVP Gold Health Plan Clove Excavators Inc West Payment Center Coffee Systems Frederick P. Clark Assoc $3,932.00 Frederick P. Clark Assoc $155.00 Frederick P. Clark Assoc $6,074.50 Frederick P. Clark Assoc $124.00 Frederick P. Clark Assoc $1,108.50 Frederick P. Clark Assoc $9,805.00 Frederick P. Clark Assoc $9,434.00 Frederick P. Clark Assoc $434.00 Frederick P. Clark Assoc $3,417.00 Frederick P. Clark Assoc $46.50 Frederick P. Clark Assoc $310.00 Arkel Motors Baright Enterprises NYSBOC Office of State Comptroller Tilcon Staples Staples Commissioner of Finance Cablevision D&D Doors Snap on Tools H.V. Wipers & Supply Poland Spring All State Big Top Portable Toilets Cornerstone David Montfort A-1 Communications American Printing American Printing Hannaford A Copy a Second Totals 1$49922.00 $589.00 1 $30,009.50 $123,075.83 Vendor Pay Board Hold CAMO Pollution $680.00 Town of Wappinger Page 25 Printed 10/17/2012 Town Board Meeting Central Hudson Central Hudson Central Hudson Platt's Locksmith MVP Health Plan MVP Gold Health Plan Clove Excavators Inc West Payment Center Coffee Systems Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Frederick P. Clark Assoc Arkel Motors Baright Enterprises NYSBOC Office of State Comptroller Tilcon Staples Staples Commissioner of Finance Cablevision D&D Doors Snap on Tools H.V. Wipers & Supply Poland Spring All State Big Top Portable Toilets Cornerstone David Montfort A-1 Communications American Printing American Printing Hannaford A Copy a Second Totals Minutes $41.14 $548.38 $37.05 $15.00 $45,456.66 $3,689.40 $14,035.00 $158.00 $127.06 $480.50 $6,074.50 $9,434.00 $2,030.50 $87.57 $42.00 $25.00 $16,689.25 $1,284.26 $16.50 $21.23 $117.76 $252.65 $200.00 $61.90 $150.00 $165.15 $809.28 $78.50 $368.93 $400.00 $48.78 $129.58 $92.44 $19.98 $464.88 $3,932.00 $124.00 $1,108.50 $9,805.00 $3,417.00 $46.50 $310.00 $67,523.81 1 $36,809.02 $18,743.00 8 28 7 October 9, 2012 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 October 9, 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. Town of Wappinger Page 26 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2012-277 A (General Town wide) B (General PartTown DB (Highway) Central Hudson $81.85 0 Adopted Department of Civil Sery Yes/Aye No/Nay Abstain Absent 11 Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ 11 Defeated William Beale Seconder 0 ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ 11❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 El ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-278 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 -BBB Vendor A (General Town wide) B (General PartTown DB (Highway) Central Hudson $81.85 Department of Civil Sery $2,996.45 $570.03 $7,925.11 So. Dutchess News $93.85 So. Dutchess News $95.88 Arkel Motors $388.67 Tilcon $1,459.13 Tilcon $1,344.16 Kevin Brower $70.85 Tool Rentals by Durant $1,417.16 H.O. Penn $145.92 NYS GFOA $190.00 DC Comm. Of Finance $57,000.00 BOE Mid Hud Development Frank Straub Toll Brothers Toll Brothers Wappinger Airport Dr. LLC TJ Home Developers Rodney Alan Little Morgan Homes Lisa Roy Jason Cobb Zvi Segal James Baisley $980.00 West Payment Center $127.20 Airport Veterinary $722.00 Totals $61,117.50 $759.76 $13,731.00 Vendor Central Hudson Department of Civil Sery Pay Board $81.85 $11,491.59 T93 $1,500.00 $1,500.00 $3,231.00 $13,020.00 $2,500.00 $2,500.00 $1,000.00 $1,500.00 $8,500.00 $2,000.00 $3,000.00 $40,251.00 Town of Wappinger Page 27 Printed 10/17/2012 Town Board Meeting So. Dutchess News So. Dutchess News Arkel Motors Tilcon Tilcon Kevin Brower Tool Rentals by Durant H.O. Penn NYS GFOA DC Comm. Of Finance BOE Mid Hud Development Frank Straub Toll Brothers Toll Brothers Wappinger Airport Dr. LLC TJ Home Developers Rodney Alan Little Morgan Homes Lisa Roy Jason Cobb Zvi Segal James Baisley West Payment Center Airport Veterinary Totals Minutes October 9, 2012 $115,859.26 $115,859.26 $93.85 $95.88 $388.67 $1,459.13 $1,344.16 $70.85 $1,417.16 $145.92 $190.00 $57,000.00 $1,500.00 $1,500.00 $3,231.00 $13,020.00 $2,500.00 $2,500.00 $1,000.00 $1,500.00 $8,500.00 $2,000.00 $3,000.00 $980.00 $127.20 $722.00 $40,251.00 1 $75,608.26 11 15 $115,859.26 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 October 9, 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 -2012-278 A B CB CBA (General (General (Trail Yes/Aye No/Nay Abstain Absent EI Adopted Barbara Gutzler Voter EI ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter a ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Initiator EI ❑ ❑ ❑ Michael Kuzmicz Voter Ef ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-279 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 -CCC Vendor A B CB CBA (General (General (Trail Grant Town wide) PartTown) Warden TM09453 Central Hudson $82.31 Central Hudson $200.25 Town of Wappinger Page 28 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 Central Hudson $382.47 Central Hudson $35.06 Central Hudson $81.28 Joe Ennesser $71.38 Joe Ennesser $71.04 Wapp Central Achool $2,225.36 NYS Dept Enviro Cons Home Depot $124.98 Williamson Law Books $22.35 Bottini Fuel $367.80 Bottini Fuel $535.44 Bottini Fuel Corbin Excavating $465.00 Anaconda Sports $90.00 First Unum Life $263.38 $60.78 Carquest Carquest Coffee Systems $63.32 Adams Power Equip $169.07 Tilcon Grainger Staples $56.96 Staples $10.00 Staples $94.34 Fishkill Plains Garage $41.00 Fishkill Plains Garage $1,203.19 DC Dept of Health Cablevision $74.85 Widmer Inn Widmer Inn Big Top Portables $215.50 Big Top Portables $117.00 Big Top Portables $234.00 Don Kortright Zurich American Ins $631.26 $90.18 Amazon $114.00 Airport Drive Prop Paetec $588.36 $22.87 Haight $150.00 OC-Pough Limited Leslie Schab $100.00 Bottini Prop Mgmnt 228 Myers Corns Rd AP American Printing $130.34 AP American Printing $104.92 AP American Printing $137.07 Totals 1$6,038.86 1 $2,680.83 $242.42 $465.00 Vendor DB (Highway) SM (Mid SW Point) (Wildwood) Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Joe Ennesser Joe Ennesser Wapp Central Achool NYS Dept Enviro Cons $375.00 $375.00 Home Depot Williamson Law Books Bottini Fuel Bottini Fuel Bottini Fuel $10,486.42 Corbin Excavating Anaconda Sports First Unum Life $151.95 WT (Tall Trees) Town of Wappinger Page 29 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 Carquest $578.90 Carquest $180.11 Coffee Systems Adams Power Equip Tilcon $840.40 Grainger $43.61 Staples Staples Staples Fishkill Plains Garage Fishkill Plains Garage DC Dept of Health Cablevision Widmer Inn Widmer Inn Big Top Portables Big Top Portables Big Top Portables Don Kortright $125.00 Zurich American Ins $240.48 Amazon Airport Drive Prop Paetec Haight OC-Pough Limited Leslie Schab Bottini Prop Mgmnt 228 Myers Corns Rd AP American Printing AP American Printing AP American Printing Totals $12,646.87 Vendor T92 Escrow Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Joe Ennesser Joe Ennesser Wapp Central Achool NYS Dept Enviro Cons Home Depot Williamson Law Books Bottini Fuel Bottini Fuel Bottini Fuel Corbin Excavating Anaconda Sports First Unum Life Carquest Carquest Coffee Systems Adams Power Equip Tilcon Grainger Staples Staples Staples Fishkill Plains Garage Fishkill Plains Garage DC Dept of Health Cablevision Widmer Inn $889.50 Widmer Inn $1,968.90 $375.00 $25.00 $375.00 $25.00 Pay $82.31 $200.25 $382.47 $35.06 $81.28 $367.80 $535.44 $10,486.42 $476.11 $74.85 $889.50 $1,968.90 Town of Wappinger Page 30 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 Big Top Portables Board Big Top Portables Central Hudson Big Top Portables Central Hudson Don Kortright Central Hudson Zurich American Ins Central Hudson Amazon Joe Ennesser Airport Drive Prop $993.75 Paetec Wapp Central Achool Haight NYS Dept Enviro OC-Pough Limited $2,380.00 Leslie Schab Home Depot Bottini Prop Mgmnt $2,976.50 228 Myers Corns Rd $2,670.00 AP American Printing Bottini Fuel AP American Printing Bottini Fuel AP American Printing Corbin Excavating Totals $11,878.65 Vendor Board Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Joe Ennesser $71.38 Joe Ennesser $71.04 Wapp Central Achool $2,225.36 NYS Dept Enviro $750.00 Cons Home Depot $124.98 Williamson Law Books $22.35 Bottini Fuel Bottini Fuel Bottini Fuel Corbin Excavating $465.00 Anaconda Sports $90.00 First Unum Life Carquest $578.90 Carquest $180.11 Coffee Systems. $63.32 Adams Power Equip $169.07 Tilcon $840.40 Grainger $43.61 Staples $56.96 Staples $10.00 Staples $94.34 Fishkill Plains Garage $41.00 Fishkill Plains Garage $1,203.19 DC Dept of Health $25.00 Cablevision Widmer Inn Widmer Inn Big Top Portables $215.50 Big Top Portables $117.00 Big Top Portables $234.00 Don Kortright $125.00 Zurich American Ins Amazon $114.00 Airport Drive Prop Paetec Haight $150.00 $34,727.63 Hold $961.92 $993.75 $611.23 $2,380.00 $2,670.00 $23,197.29 17 Town of Wappinger Page 31 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 OC-Pough Limited Leslie Schab $100.00 Bottini Prop Mgmnt $2,976.50 228 Myers Corns Rd AP American Printing $130.34 AP American Printing $104.92 AP American Printing $137.07 Totals $11,530.34 1 $0.00 31 0 low 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 October 9, 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 -2012-279 A (General Town wide B (General PartTown) Street Lighting WU (Wapp United) Central Hudson Cameli $87.03 Yes/Aye No/Nay Abstain Absent 21 Adopted Barbara Gutzler Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder $955.72 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter D ❑ ❑ __ ❑ ❑ Tabled IsmayCzarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-280 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 -DDD Vendor A (General Town wide B (General PartTown) Street Lighting WU (Wapp United) Central Hudson Cameli $87.03 Central Hudson Gen Twn $3,131.62 Central Hudson Hughson $2,746.67 Central Hudson Chelsea $955.72 Camo Pollution $66,500.00 Camo Pollution $25.00 Camo Pollution $25.00 Camo Pollution $130.00 Camo Pollution NYS Dep Enviornmental $300.00 Cons Southern Dutchess News $700.41 Home Depot Signal Graphics $804.65 Mid Hudson Fasteners James Baisley Bottoni Fuel $201.17 Pine Bush Equipment Don Seifts Williams Lumber Hillman Signs $208.00 Town of Wappinger Page 32 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 Debra Brown DB (AM) WF WH $26.95 DC Dep of Health -Env Lab $25.00 Central Hudson Cameli Wells Fargo $168.97 Wells Fargo $435.00 Central Hudson Chelsea Transcare Camo Pollution Mid Hudson Fence Co Camo Pollution WB Mason $134.19 Camo Pollution WB Mason $13.98 Morris Assoc $3,774.14 $1,617.51 $3,863.46 Morris Assoc Home Depot Morris Assoc Signal Graphics Morris Assoc Mid Hudson Fasteners $641.48 Morris Assoc $875.00 Bottoni Fuel Morris Assoc Pine Bush Equipment $1,082.11 Morris Assoc $924.00 $94.97 Kurt S. Adler $124.39 Hillman Signs Haight Fire Equip Debra Brown DRJAM Holdings LLC DC Dep of Health -Env Lab Charles Reinhardt $5.55 Wells Fargo Gellert & Klein $412.50 Gellert & Klein Mid Hudson Fence Co $643.50 Gellert & Klein $4,108.50 WB Mason Totals $11,213.56 $3,387.90 $6,921.04 $70.570.41 Vendor DB (AM) WF WH (Highway) Ambulance (Fleetwood) Watchhill Central Hudson Cameli Central Hudson Gen Twn Central Hudson Hughson Central Hudson Chelsea Camo Pollution $2,233.33 $1,541.67 Camo Pollution Camo Pollution Camo Pollution Camo Pollution NYS Dep Enviornmental Cons Southern Dutchess News Home Depot $39.94 Signal Graphics Mid Hudson Fasteners $641.48 James Baisley $875.00 Bottoni Fuel Pine Bush Equipment $1,082.11 Don Seifts $94.97 Williams Lumber $93.05 Hillman Signs Debra Brown DC Dep of Health -Env Lab Wells Fargo Wells Fargo Transcare $32,916.66 Mid Hudson Fence Co WB Mason WB Mason Morris Assoc $3,234.95 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Kurt S. Adler Haight Fire Equip $150.00 DRJAM Holdings LLC Charles Reinhardt Gellert & Klein Gellert & Klein $99.00 Gellert & Klein Totals $6,310.50 $32,916.66 $2,233.33 $1,541.67 Town of Wappinger Page 33 Printed 10/17/2012 TnUin Rnarri Meetine Minutes October 9, 2012 Vendor WT SF SM Mid SU United (Tall Trees) Fleetwood point Wapp Central Hudson Cameli Central Hudson Gen Twn Central Hudson Hughson Central Hudson Chelsea Camo Pollution $2,908.33 Camo Pollution Camo Pollution Camo Pollution Camo Pollution $8,150.00 $9,666.67 $55,750.00 NYS Dep Enviornmental Cons $375.00 Southern Dutchess News Home Depot Signal Graphics Mid Hudson Fasteners James Baisley Bottoni Fuel Pine Bush Equipment Don Seifts Williams Lumber Hillman Signs Debra Brown DC Dep of Health -Env Lab Wells Fargo Wells Fargo Transcare Mid Hudson Fence Co WB Mason WB Mason Morris Assoc $2,377.44 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Kurt S. Adler Haight Fire Equip DRJAM Holdings LLC Charles Reinhardt Gellert & Klein Gellert & Klein Gellert & Klein Totals $2,908.33 $8,525.00 $9,666.67 $58,127.44 Vendor SW HWN T33 T92 Wildwood (NYCDEP Parkland (Escrow) Water Main) Trust Central Hudson Cameli Central Hudson Gen Twn Central Hudson Hughson Central Hudson Chelsea Camo Pollution Camo Pollution Camo Pollution Camo Pollution Camo Pollution NYS Dep Enviornmental Cons Southern Dutchess News Home Depot Signal Graphics Mid Hudson Fasteners James Baisley Bottoni Fuel Pine Bush Equipment Don Seifts Williams Lumber Hillman Signs Debra Brown DC Dep of Health -Env Lab Wells Fargo Wells Fargo $13,116.67 Town of Wappinger Page 34 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 Transcare Mid Hudson Fence Cc $34,990.00 WB Mason WB Mason Morris Assoc $178,010.05 $2,465.10 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Kurt S. Adler Haight Fire Equip DRJAM Holdings LLC Charles Reinhardt Gellert & Klein Gellert & Klein Gellert & Klein Totals Vendor Central Hudson Cameli Central Hudson Gen Twn Central Hudson Hughson Central Hudson Chelsea Camo Pollution Camo Pollution Camo Pollution Camo Pollution Camo Pollution NYS Dep Enviornmental Cons Southern Dutchess News Home Depot Signal Graphics Mid Hudson Fasteners James Baisley Bottoni Fuel Pine Bush Equipment Don Seifts Williams Lumber Hillman Signs Debra Brown DC Dep of Health -Env Lab Wells Fargo Wells Fargo Transcare Mid Hudson Fence Co WB Mason WB Mason Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Kurt S. Adler Haight Fire Equip DRJAM Holdings LLC Charles Reinhardt Gellert & Klein Gellert & Klein Gellert & Klein $13,116.67 T96 $138.00 $941.80 $1,035.00 $126.50 $943.00 $253.00 $5,000.00 $178,010.05 $34,990.00 $9,822.60 Pay $87.03 $3,131.62 $2,746.67 $955.72 $201.17 $168.97 $435.00 $32,916.66 Town of Wappinger Page 35 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 Totals $1,079.80 $451,341.63 Vendor Board Hold Central Hudson Cameli Central Hudson Gen Twn Central Hudson Hughson Central Hudson Chelsea Camo Pollution $73,183.33 Camo Pollution $25.00 Camo Pollution $25.00 Camo Pollution $130.00 Camo Pollution $86,683.34 NYS Dep Enviornmental $675.00 Cons Southern Dutchess News $700.41 Home Depot $39.94 Signal Graphics $804.65 Mid Hudson Fasteners $641.48 James Baisley $875.00 Bottoni Fuel Pine Bush Equipment $1,082.11 Don Seifts $94.97 Williams Lumber $93.05 Hillman Signs $208.00 Debra Brown $26.95 DC Dep of Health -Env Lab $25.00 Wells Fargo Wells Fargo Transcare Mid Hudson Fence Co $34,990.00 WB Mason $134.19 WB Mason $13.98 Morris Assoc $195,342.65 Morris Assoc $138.00 Morris Assoc $1,035.00 Morris Assoc $126.50 Morris Assoc $943.00 Morris Assoc $253.00 Morris Assoc $924.00 Kurt S. Adler $124.39 Haight Fire Equip $150.00 DRJAM Holdings LLC $5,000.00 Charles Reinhardt $5.55 Gellert & Klein $1,354.30 Gellert & Klein $742.50 Gellert & Klein $4,108.50 Totals $408,222.29 $2,476.50 29 5 $451,341.63 $40,642.84 8 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 October 9, 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. Town of Wappinger Page 36 Printed 10/17/2012 Town Board Meeting Minutes October 9, 2012 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES. -2012-280 ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman 0 Adopted Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ El Defeated William Beale Seconder 0 ❑ ❑ 0 ❑ Tabled Vincent Bettina Voter - 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ Dated: Wappingers Falls, New York October 09, 2012 The Resolution is hereby duly declared adopted. XIV. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz The meeting adjourned at 9:42 PM. Christine Fulton Town Clerk Town of Wappinger Page 37 Printed 10/17/2012