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2013-01-28 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NV 12590 Town Board Meeting townofwappinger.us ~ Agenda ~ Christine Fulton 845-297-5771 Monday, January 28, 2013 7:30 PM Town Hall I. Call to Order II. Salute to the Flag A. Girl Scouts Flag Ceremony III. Adoption of Agenda IV. Minutes Approval Monday, January 07, 2013 Monday, January 14, 2013 V. Correspondence Log 2013-52. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Hearings Local Law_ of 2013 Which Would Amend Chapter 122, Fees and Fines, and Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the Town Code Local Law _2013 Which Would Amend Chapter 206, Soil Erosion and Sediment Control, of the Town Code Local Law —2013 Which Would Amend Chapter 213 Stormwater Management, of the Town Code Local Law _2013 Which Would Amend Chapter 214, Streets and Sidewalks, of the Town Code Local Law —2013 Which Would Amend Chapter 122, Fee and Fines, and Chapter 240, Zoning, of the Town Code VII. Resolutions Adopting Local Laws 2013-53. Resolution Adopting a Negative Declaration in Connection with Local Laws Amending Chapter 122, Fees and Fines, Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, Chapter 206, Soil Erosion and Sediment Control, Chapter 213, Stormwater Management, Chapter 214, Streets and Sidewalks, and Chapter 240, Zoning, of the Town Code 2013-54. Resolution Adopting Local Law —of 2013 Which Would Amend Chapter 122, Fees and Fines, and Chapter 137, Wetland, Waterbody and Watercourse Protection, of the Town Code 2013-55. Resolution Adopting Local Law _ of 2013 Which Would Amend Chapter 206, Soil Erosion and Sediment Control, of the Town Code 2013-56. Resolution Adopting Local Law —of 2013 Which Would Amend Chapter 213, Stormwater Management, of the Town Code 2013-57. Resolution Adopting Local Law _ of 2013 Which Would Amend Chapter 214, Streets and Sidewalks, of the Town Code 2013-58. Resolution Adopting Local Law —of 2013 Which Would Amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code VIII. Public Portion IX. Discussions A. Recycle Center Policies and Fees B. Insurance Proposals for Town's Insurance Carrier X. Resolutions 2013-59. Resolution Introducing "Local Law No. _Of the Year 2013, Amending Section 240-60.A. of the Town of Wappinger Zoning Code" 2013-60. Resolution Introducing "Local Law No. —of the Year 2013, Amending Section 122-16.N.(2) of the Town of Wappinger Code" 2013-61. Resolution Introducing Local Law No. —of the Year 2013, Designating Four -Way Stop Intersection at the Western Intersection of Scott Drive and Carroll Drive Town of Wappinger Page 1 Printed 112412013 Town Board Meeting Agenda January 28, 2013 XI. Items for Special Consideration XII. New Business XIII. Executive Session XIV. Town Board Review of Vouchers 2013-62. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2013-63. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2013-64. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2013-65. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XV. Adjournment Town of Wappinger Page 2 Printed 112412013 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes — Christine Fulton 845-297-5771 Monday, January 28, 2013 7:30 PM Town Hall IV. V. Call to Order Supervisor Barbara Gutzler called the meeting to order at 7:30 PM. Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Michael Kuzmicz Town of Wappinger Councilman Present Salute to the Flag A. Girl Scouts Flag Ceremony Supervisor Gutzler stated that due to the weather the ceremony will be postponed. Adoption of Agenda Motion To: adopt the agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Minutes Approval Monday, January 07, 2013 ✓ Vote Record - Acceptance of Minutes for January 7 2013 7:30 PM Yes/Aye No/Nay Abstain Absent D Accepted Barbara Gutzler Voter 8 ❑ ❑ ❑ 11 Accepted as Amended William Beale Seconder D ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter a ❑ ❑ Voter 10 Ismay Czamiecki Mover 0 ❑ ❑ ❑ Mover Michael Kuzmicz Voter D ❑ ❑ ❑ Monday, January 14, 2013 Vote Record - Acceptance of Minutes for January 14 2013 7:30 PM Yes/Aye No/Nay Abstain Absent D Accepted Barbara Gutzler Voter a ❑ ❑ ❑ ❑ Accepted as Amended William Beale Seconder a ❑ ❑ ❑ Tabled Vincent Bettina Voter 10 ❑ ❑ 0 Ismay Czamiecki Mover B ❑ ❑ ❑ Michael Kuzmicz Voter a ❑ ❑ ❑ Correspondence Log RESOLUTION: 2013-52 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. Town of Wappinger Page I Printed 2/4/2013 Town Board Meeting VI. Minutes The foregoing was put to a vote which resulted as follows: January 28, 2013 Vote Record - Resolution RES -2013-52 CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Yes/Aye No/Nay Abstain Absent 8 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Mover El ❑ ❑ 11❑ Defeated Vincent Bettina Seconder ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter D ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. Public Hearings Motion To: Open the floor to the public No Comments RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Local Law_ of 2013 Which Would Amend Chapter 122, Fees and Fines, and Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the Town Code RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: open the floor to the public No Comments RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Local Law -2012 Which Would Amend Chapter 206, Soil Erosion and Sediment Control, of the Town Code RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: open the floor to the public No Comments RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Town of Wappinger Page 2 Printed 2/4/2013 ij Town Board Meeting Minutes January 28, 2013 Local Law _ 2013 Which Would Amend Chapter 213 Stormwater Management, of the Town Code RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: open the floor to the public No Comments RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Local Law _2013 Which Would Amend Chapter 214, Streets and Sidewalks, of the Town Code RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: open the floor to the public No Comments RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki Kuzmicz Local Law _ 2013 Which Would Amend Chapter 122, Fee and Fines, and Chapter 240, Zoning, of the Town Code RESULT: CLOSED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Supervisor Gutzler statement Supervisor Gutzler stated that she would like to congratulate the Hughsonville Fire Department on their 100 years of service. She presented to Councilman Beale a resolution that Deputy Supervisor Bettina and former Deputy Supervisor Fuimarello did not get a chance to present the night of the Fireman's dinner. VII. Resolutions Adopting Local Laws RESOLUTION: 2013-53 Resolution Adopting a Negative Declaration in Connection with Local Laws Amending Chapter 122, Fees and Fines, Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, Chapter 206, Soil Erosion and Sediment Control, Chapter 213, Stormwater Management, Chapter 214, Streets and Sidewalks, and Chapter 240, Zoning, of the Town Code WHEREAS, the Town Board is considering the adoption of Local Laws which Town of Wappinger Page 3 Printed 2/4/2013 Town Board Meeting Minutes January 28, 2013 would amend Chapter 122, Fees and Fines, Chapter 137, Freshwater Wetland, Watercourse and Waterbody Protection, Chapter 206, Soil Erosion and Sediment Control, Chapter 213, Stormwater Management, Chapter 214, Streets and Sidewalks, and Chapter 240, Zoning, of the Town Code; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Laws are an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, Frederick P. Clark Associates, Inc., the Town's Planning Consultant has prepared a Full Environmental Assessment Form regarding the proposed Local Laws, which EAF analyzes the potential environmental impacts regarding said Local Laws. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts the attached Negdtive Declaration, for the reasons stated therein, thereby finding that the proposed Local Laws will have no significant adverse impact upon the environment, and thereby ending the SEQRA process with respect to said Local Laws. The foregoing was put to a vote which resulted as follows: ✓Vote Record - Resolution RES -2013-53 Yes/Aye No/Nay Abstain Absent 0 Adopted- Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Mover 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 4 Printed 2/4/2013 Town Board Meeting Minutes January 28, 2013 RESOLUTION: 2013-54 Resolution Adopting Local Law 2 of 2013 Which Would Amend Chapter 122, Fees and Fines, and Chapter 137, Wetland, Waterbody and Watercourse Protection, of the Town Code WHEREAS, the Town Board is considering the adoption of Local Law —of 2013 which would amend Chapter 122, Fees and Fines, and Chapter 137, Wetland, Waterbody and Watercourse Protection, of the Town Code; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action ii... pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 2 of 2013; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2013-54 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter B ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Mover 0 ❑ ❑ ❑ Michael Kuzmicz Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 5 Printed 2/4/2013 LOCAL LAW # 2 OF THE YEAR 2013 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1 • Title This Local Law shall be known and cited as "Local Law #_ of 2013, for the purpose of amending Chapter 122, Fees and Fines, and Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the Town Code." Section 2: Legislative Intent This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. The Town Board believes that it is reasonable and appropriate to update and amend Chapter 122, Fees and Fines, and Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the Town Code. Section 3: Code Amendments — Chapter 122, Fees and Fines A new Section 122-16.F.1 shall be added and shall read as follows: F.1 Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection. (1) § 137-1013(4), escrow fund: $1,000. Section 4: Code Amendments — Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection 1. The following definition in Section 137-5 shall be amended to read as follows: APPROVAL AUTHORITY The municipal or administrative board or public official or municipal employee empowered to process and grant or deny permits under this chapter. When a wetlands permit is sought in conjunction with a site plan, subdivision and/or special permit, the Planning Board shall assume the role of the approval authority. In all other cases, the approval authority shall be the Building Inspector or Municipal Code Enforcement Officer. 2. Section 137-6 shall be amended to read as follows: § 137-6. Regulated, as -of -right, prohibited and exempt activities. 2 ij A. Regulated activities. Except as provided in Subsections B, C and D below, no person shall conduct any of the following regulated activities within any freshwater wetland or adjacent one -hundred -foot buffer area unless such person has first obtained a permit pursuant to this chapter: (1) Placement or construction of any structure. (2) Any form of draining, dredging, excavation or removal of material either directly or indirectly. (3) Any form of dumping, filling or depositing of material either directly or indirectly. (4) Installation of any service lines or cable conduits. (5) Introduction of any form of pollution, including but not limited to the installation of a septic tank, the running of a sewer outfall or the discharging of sewage treatment effluent or other liquid wastes into or so as to drain into a wetland. (6) Alteration or modification of natural features and contours. (7) Alteration or modification of natural drainage patterns. (8) Construction of dams, docks 'or other water control devices, pilings or bridges, whether or not they change the natural drainage characteristics. (9) Installation of any pipes or wells. (10) Clear -cutting. (11) Removal or cutting of any vegetation except as permitted in § 13 7- 6B. (12) Any agricultural activity, not conducted in an agricultural district, which involves any other activity in this subsection A. (13) Excavation and removal of peat. (14) Any other activity that may impair the natural function(s) of a wetland. 3 B. As -of -right activities. No permit under this chapter shall be required for any of the following activities, provided they do not constitute a pollution or erosion hazard or interfere with proper drainage and do not require structures, grading, fill, draining or dredging for which a permit may be required: (1) The deposit or removal of the natural products of the wetlands by recreational or commercial fishing, shellfishing, aquiculture, hunting or trapping where otherwise legally permitted. (2) Outdoor recreation activities that do not require construction or that do not materially alter the natural state of the land, including use of field trails for nature study, hiking, swimming, skin diving and boating, where otherwise legally permitted. (3) Normal ground maintenance, including mowing and trimming of vegetation, but excluding removal of vegetation that may cause erosion of sediment into a wetland, waterbody, or watercourse. (4) Repair of existing decorative landscaping and planting in a wetland, waterbody, or watercourse buffer zone. (5) Repair of existing walkways, walls, and driveways. (6) Public health activities, in emergencies only, of the Dutchess County Department of Health and/or New York State Department of Health. (7) Operation and maintenance of existing dams and water control devices. (8) Decorative planting in a buffer. C. Prohibited activities. It shall be unlawful for any person to place or deposit animal wastes, chemical wastes or sewage effluent within a wetland or its buffer, or to introduce influents of sufficiently high thermal content as to cause deleterious ecological effect. D. Exempt activities. A wetland permit shall not be required for: (1) Activities on any residentially zoned lot which is 80,000 square feet or less in size and which contains an existing home. V. Fi (2) Farm operations, as defined in the New York State Agriculture and Markets Law, when conducted in an agricultural district, unless the proposed disturbance for the farm operation has the potential to result in substantial off-site impact. 3. Section 131-7.A shall be amended to read as follows: A. Any person proposing to conduct or cause to be conducted a regulated activity requiring a permit under this chapter shall file an application with the appropriate approval authority. For wetland permits sought in conjunction with a site plan, subdivision and/or special permit application the approval authority shall be the Planning Board. For all other wetlands permits sought, the approval authority shall be the Building Inspector or Municipal Code Enforcement Officer. 4. Section 137-8 shall be amended to read as follows: § 137-8. Decision on application. When the approval authority is the Planning Board, a decision on the wetlands permit shall be rendered by the Planning Board in conjunction with a decision on an application for site plan, subdivision and/or special permit approval, the wetlands permit being included within any approval granted by the Planning Board for said applications. When the Building Inspector or Municipal Code Enforcement Officer is the approval authority, a decision on the wetlands permit will be rendered within 30 days of a receipt of a complete application. 5. Section 137-10 shall be amended to read as follows: § 137-10. Conditions for permit .use. A. Any permit issued pursuant to this chapter may be_issued with conditions, consistent with this chapter. Such conditions may be attached as are necessary to ensure the preservation and protection of affected freshwater wetlands and to ensure compliance with the policy and provisions of this chapter and the provisions of the agency's rules and regulations adopted pursuant to this chapter. B. Every permit issued pursuant to this chapter shall contain the following conditions: (1) The agency shall have the right to inspect the project from time to time. 5 (2) The permit holder shall notify the agency of the date on which the project construction is to begin, at least five days in advance of such date. (3) The agency's permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit. (4) The approval authority may monitor or may cause to have monitored projects according to the specifications set forth in the permit, to determine whether the elements of the permit conditions and mitigation plan, if required, have been satisfied and whether the restored or created wetland functions) and acreage mitigate the impacted function(s) and acreage lost. If monitoring of the project is required by the approval authority, such authority shall also require the applicant to fund and maintain an escrow account in accordance with § 137-10B(4)(c)[4] below and Chapter 122, Article IV, § 122- 16F.1(1) of the Code. (a) To this end, the approval authority may contract with qualified wetland professionals, and may require the applicant to contract with qualified wetland professionals at the expense of the applicant. A quarterly monitoring report prepared by the appropriate monitor shall be submitted to the approval authority. (b) Long-term maintenance and monitoring is generally needed to assure the continued viability of mitigation wetlands. Any mitigation plan prepared pursuant to this chapter and accepted by the approval authority shall become part of the permit for the application and shall be incorporated in a preservation and maintenance covenant indexed against the property as hereinafter provided. (c) The requirements for maintenance and monitoring shall be specified in the written mitigation plan and referenced in the permit, and shall include but not be limited to: [1] A five-year maintenance and monitoring period for mitigation wetlands. [2] Field measurements by a qualified wetland professional to verify the size and location of the Z impacted wetland area and the restored/replacement wetland area. [3] Field verification by a qualified wetland professional of the vegetative, hydrologic and soils criteria as specified in the mitigation plan and permit. [4] The approval authority may require the establishment and maintenance of an escrow account, from which withdrawals shall be made to reimburse the Town for the cost of professional monitoring services. In such case, the applicant shall deposit with the Town Comptroller or Town Accountant, via certified check, a sum of money as set forth in Chapter 122, Article N, § 122-16F.1(1) of the Code. The Town Comptroller or Town Accountant shall pay from these funds the fees charged by any professionals employed by the Town to monitor the project. Said fees shall be submitted by voucher. It is the intent of these regulations to ensure that the applicant always has on deposit with the Town an adequate amount of funds to ensure that the Town will never subsidize applicant monitoring costs at any time. The applicant shall be provided with copies of the Town vouchers for such services as they are submitted to the Town. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the Town may issue and stop -work order, if applicable, and the applicant may be deemed to be in violation of this chapter. _No refunds_of any_f inds_remaming on deposit in escrow shall be issued until after all pertinent professional monitoring charges have been paid and the maintenance period has expired. (5) The permit shall require that a conservation easement or a preservation and maintenance covenant, as applicable, which meets the satisfaction of the approval authority is placed on all wetland and wetland buffer areas to be preserved and protected, and maintained as applicable, in accordance with the provisions of Subsection A above. 6 (6) The permit shall require that all wetland and wetland buffer areas to be protected during construction shall be fenced as deemed appropriate by the Planning Board. Such fencing shall also apply, as deemed appropriate by the Planning Board, to disturbance and clearing limit lines. (7) The permit shall require that all wetlands and wetland buffer areas to be permanently protected shall be physically demarcated in the field as deemed appropriate by the Planning Board. (8) If deemed appropriate by the Planning Board, the permit may specify how the wetland buffer areas are to be managed. Further, depending upon the quality of the wetland and/or its functions, the permit may require that the buffer areas be managed in accordance with the three -zone riparian buffer system developed by the USDA Forest Service. (NOTE: http://www.na.fs.fed.us/spfo/Pubs/n—resoureelbuffer/cover.htm.) C. The approval authority shall set forth, in writing, in the file it keeps regarding a permit application, its fmdings and reasons for all conditions attached to any permit. 6. Section 137-11.A shall be amended to read as follows: A. The approval authority is hereby authorized to require the applicant to post performance and maintenance agreements, secured by a surety bond, letter of credit or cash deposit in such amounts as will secure compliance with the requirements, conditions and limitations set forth in the permit. The performance bond secured as above set forth shall be posted prior to commencement of any work authorized under the permit. The particular amount of the security shall be established by the approval authority upon consultation with the engineer to the Town, consistent with the purposes of this chapter so as to ensure the faithful compliance with the requirements, conditions and limitations set forth in the permit. The performance agreement and security shall remain in effect until all work authorized by the permit has been completed to the reasonable satisfaction of the approval authority and upon concurrence of the Engineer to the Town. The approval authority is also authorized to require the applicant to post a maintenance agreement secured by a surety bond, letter of credit or cash deposit in such amounts as will secure any obligation to monitor or maintain the work authorized in the permit, and as the same may be referenced in the conservation easement and preservation covenant. The maintenance agreement shall be posted for a period not to exceed five years. In the event of a breach of any of the terms, covenants and conditions contained in either the performance agreement or maintenance agreement, the approval authority is authorized to call the security posted and utilize the proceeds thereof to fulfill the requirements, conditions, limitations and obligations set forth in the permit. The approval authority is also authorized to institute an action in any court of competent jurisdiction to seek specific performance of the obligations set forth in the performance agreement or maintenance agreement. The performance and maintenance agreements shall provide that in the event the approval authority is compelled to enforce the provisions thereof by commencement of an action in a court of competent jurisdiction, the agreements shall require that the prevailing party shall be entitled to recover reasonable counsel fees as determined by the court. The approval authority shall set forth, in writing, its findings and reasons for imposing a performance agreement or maintenance agreement as secured as aforesaid. Said findings and reasons shall be set forth in its resolution of approval if by the Planning Board, or contained in a separated statement if issued by the Municipal Code Enforcement Officer. Section 5: Ratification, Readoution and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6: Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier_ to accomplish_ such intention; that the Codifier shall .make_ no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 7: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, 0 sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative. intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 8: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. JADOCS2\500\Wappinger\Code Amendmts\wetland amends 9-20-12 clean final.dhs.doc 10 Town Board Meeting Minutes January 28, 2013 RESOLUTION: 2013-55 Resolution Adopting Local Law 3 of 2013 Which Would Amend Chapter 206, Soil Erosion and Sediment Control, of the Town Code WHEREAS, the Town Board is considering the adoption of Local Law —of 2013 which would amend Chapter 206, Soil Erosion and Sediment Control, of the Town Code; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Towri Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 3 of 2013; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2013-55 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Mover 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 2/4/2013 LOCAL LAW # 3 OF THE YEAR 2013 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law #3 of 2013, for the purpose of amending Chapter 206, Soil Erosion and Sediment Control, of the Town Code." Section 2: Legislative Intent This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. The Town Board believes that it is reasonable and appropriate to update and amend Chapter 206, Soil Erosion and Sediment Control, of the Town Code. Section 3: Code Amendments — Chanter 206, Soil Erosion and Sediment Control 1. Section 206-5 shall be amended to read as follows: A. Requirement. Except as exempted by Subsection B of this section, no property owner or his agent shall undertake any of the following grading, stripping, cutting, filling, excavating or other site preparation activities unless the Zoning Administrator has issued a grading permit as hereinafter provided: (1) Site preparation in excess of 400 square feet on slopes which exceed one foot of vertical rise to four feet of horizontal distance or in areas known to be subject to severe erosion. (2) Grading, stripping, cutting, filling or excavation which affects more than two feet in depth over an area of 400 square feet or more, or which affects 30 cubic yards of material, within any parcel. (3) Excavation for any in -ground swimming pool, or grading for an above -ground pool on slopes which exceed one foot of vertical rise to four feet of horizontal distance or in areas known to be subject to severe erosion. B. Exemptions. No grading permit shall be required under the following circumstances in connection with the following activities: 2 (1) When a plot plan for the construction of a proposed one- or two- family dwelling has been approved by the Zoning Administrator. (2) When site plan approval has been issued pursuant to § 240-83 herein. (3) When a wetlands permit has been issued in accordance with Chapter 137 of this code. (4) When a floodplain development permit has been issued in accordance with Chapter 133 of this code. (5) Household gardening and for lawn installation or repair activities on existing developed lots, except for activities that are regulated under subsections A(1) and (2) immediately above. (6) Farm operations, as defined in the New York State Agriculture and Markets Law, when conducted in an agricultural district, unless the proposed grading for the farm operation has the potential to result in substantial off-site impact. (7) Governmental activities. C. Application. A separate application shall be required for each grading permit. Plans, specifications and timing schedules shall be submitted with each application for a grading permit. The plans shall be prepared or approved and signed by a professional engineer, surveyor or an architect at a scale acceptable to the Zoning Administrator and shall be reviewed and approved or disapproved by the Engineer to the Town. The Zoning Administrator may waive the preparation or approval and signature by the applicant's professional engineer, surveyor or architect when the work entails --no reasonable hazard to the adjacent property. D. Prohibition. With respect to vacant residentially zoned lots over one acre in size, and with respect to all vacant commercially zoned property, no grading, stripping, cutting, filling or excavation shall take place without plot plan or site plan approval, as applicable. Section 4: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. t] Section 5: Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered .by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall. be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. JADOCS2\500\Wappinger\Code AmendmMsoil amends 9-20-12 clean.dhs.doc 4 Town Board Meeting Minutes lanuary 7R ?nl :z RESOLUTION: 2013-56 Resolution Adopting Local Law 4 of 2013 Which Would Amend Chapter 213, Stormwater Management, of the Town Code WHEREAS, the Town Board is considering the adoption of Local Law_ of 2013 which would amend Chapter 206, Soil Erosion and Sediment Control, of the Town Code; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 4 of 2013; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-56 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 0 ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ Tabled Vincent Bettina Mover 0 ❑ 0 0 ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ 0 Michael Kuzmicz Voter 0 ❑ ❑ 0 Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 2/4/2013 LOCAL LAW # 4 OF THE YEAR 2013 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law 4 of 2013, for the purpose of amending Chapter 213, Stormwater Management, of the Town Code." Section 2: Legislative Intent This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. The Town Board believes that it is reasonable and appropriate to update and amend Chapter 213, Stormwater Management, of the Town Code. Section 3: Code Amendments — Chapter 213, Stormwater Management Section 213-10.A shall be amended to read as follows: A. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the stormwater pollution prevention plan, the Town may require the applicant or developer .to provide, prior to construction, a performance agreement, secured by a surety bond, cash escrow, or irrevocable letter of credit issued by appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town upon consultation with the Engineer to the Town and the Attorney to the Town, based on submission of final design plans, with reference to actual construction and landscaping costs. The performance agreement shall be in a form acceptable to the Town. The performance agreement shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than two years from the date of final acceptance or such other certification that the facility(ies) has (have) been constructed in accordance with the approved plans and specifications and that a two-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Notwithstanding the above, stormwater facilities involving wetlands shall be subject to § 137-11A of this code. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. 2 Section 4: Ratification, Readoation and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5: Numberine for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required .for codification; and that any such rearranging of the 'numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6: Separabilitv The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. JADOCS2\500\Wappinger\Code Amendmts\stormwater amends 9-20-12 clean final.dhs.doc 3 Tnuin Rnard MPPtinE Minutes January 28, 2013 RESOLUTION: 2013-57 Resolution Adopting Local Law 5 of 2013 Which Would Amend Chapter 214, Streets and Sidewalks, of the Town Code WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013 which would amend Chapter 214, Streets and Sidewalks, of the Town Code; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 5 of 2013; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: ,/,Vote Record - Resolution RES -2013-57 Yes/Aye No/Nay Abstain Absent 0 Adopted p Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder E� ❑ ❑ ❑ ❑ Defeated Vincent Bettina Mover El ❑ ❑ ❑ ❑ Tabled lsmay Cmrniecki Voter ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter (� ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 8 Printed 2/4/2013 LOCAL LAW # 5 OF THE YEAR 2013 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law 5 of 2013, for the purpose of amending Chapter 214, Streets and Sidewalks, of the Town Code." Section 2: Legislative Intent This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. The Town Board believes that it is reasonable and appropriate to update and amend Chapter 214, Streets and Sidewalks, of the Town Code. Section 3: Code Amendments — Chapter 214, Streets and Sidewalks 1. Section 214-10 shall be amended to read as follows: § 214-10. Restoration of highway. Any such excavation in any highway shall be restored by the applicant, within the time granted in the permit, with materials equivalent to those excavated and shall be kept and maintained level with the unexcavated portion thereof, by the applicant, for a period of two years from the date of restoration, so that said excavated portion shall be left in as good, substantial and permanent condition as before the excavation; and if not so restored and maintained, the work shall be done by or under the direction of the Superintendent, and the cost thereof shall be a lawful charge against the person to whom the permit was issued on the bond or certified check herein provided for, and it shall be the duty of the Superintendent to sue for and recover such costs or pay them with all or part of said bond or certified check. 2. Section 214-12 shall be amended to read as follows: § 214-12. Duration of obligation. For two years from the date the work is complete, the applicant shall be responsible for any condition that may develop due to the applicant's failure to properly restore the highway. 3. Section 214-39 shall be amended to read as follows: 2 214-39. Grant of highway. Such highway must be granted to the Town by a bargain and sale deed with a covenant against grantor's acts, containing the correct metes and bounds description shown on said map, which deed must be in such form as may be required to entitle the same to be recorded in the office of the County Clerk of Dutchess County, and the filing fees must be paid by the applicant. The bargain and sale deed shall be accompanied by a title insurance policy naming the Town as beneficiary in the minimum amount of $50,000, or such other amount as determined by the Engineer to the Town and the Attorney to the Town, consistent with the nature and value of the property and/or improvements to be dedicated to the Town. 4. Section 214-43.B shall be amended to read as follows: B. Highway construction guaranty. Prior to the acceptance of the highway or issuance of any building permit, the developer shall post with the Town Clerk of the Town of Wappinger a bond equal to 20% of the performance bond guaranteeing the standard of construction set by these specifications, normal wear and tear excepted, for a period of two years after the date of final acceptance by the Town. This shall be interpreted to mean that the developer, at his own expense, shall repair and make good any defects or damage which may develop during this guaranty period as a result of faulty construction by the developer within the right-of-way or as a result of other construction by the developer off the right-of-way. The guaranty responsibilities of the Town and the developer during the guaranty period are specified under § 214-76B of these specifications. 5. Section 214-76.B shall be amended to read as follows: B. After final acceptance -by the Town and prior to the -expiration -of the two- year guaranty period: (1) It is intended ' by these minimum specifications and the applicable requirements of the Land Subdivision Regulations Editor's Note: See Ch. 217, Subdivision of Land to have constructed by the developer a Toad or street which meets the standards of Chapter 214 herein. To assure the fulfillment of these requirements, the developer shall guarantee its roads and the appurtenant road structures, such as storm sewers, manholes, inlet basins, paved gutters, etc., against structural failure for two years from the date of final acceptance by the Town Board. If such failure should occur under conditions of 3 9 11 normal use for which the area was intended, the developer shall repair the damage to equivalent of original or better condition. These repairs shall be made by order of the Town Superintendent of Highways, oral or written and under his direction, and completed to his satisfaction. Repairs shall be made, or satisfactory arrangements made, to make said repairs within 48 hours. (2) This guaranty shall include, but not be limited to, the following items: (3) Deterioration of the pavement, such as alligator cracks, chuck holes, bleeding, edge breaking, depressions, etc. (4) Deterioration of gutters, such as erosion, frost heave, cracking, edge breaking, etc. (5) Failure of the storm sewer such as pipe breaks, grate breaks, stoppages due to accumulation of debris from construction, settlement, etc. Section 4: Ratification, Readootion and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5: Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such -intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, V. sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and*if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. JADOCS2\5001Wappinger\Code Amendmtslstreets amends 9-20-12 clean.dhs.doc 5 Town Board Meeting Minutes January 28, 2013 RESOLUTION: 2013-58 Resolution Adopting Local Law 6 of 2013 Which Would Amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code WHEREAS, the Town Board is considering the adoption of Local Law 6 of 2013 which would amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 6 of 2013; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-58 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ p ❑ Defeated William Beale Seconder D ❑ ❑ ❑ Tabled Vincent Bettina Mover a ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter El ❑ ❑ p Michael Kuzmicz Voter 0 ❑ ❑ p Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 9 Printed 2/4/2013 LOCAL LAW # 6 OF THE YEAR 2013 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law 6 of 2013, for the purpose of amending Chapter 122, Fees and Fines, and Chapter.240, Zoning, of the Town Code." Section 2: Legislative Intent This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. The Town Board believes that it is reasonable and appropriate to update and amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code. Section 3: Code Amendments — Chapter 122, Fees and Fines 1. Section 122-16.N(7)(b) shall be amended to read as follows: (b) For site plan application, special use permit application, and rezoning application review, the applicant shall deposit and maintain a sum calculated as follows: Square Footage Amount 0 to 3,000 $3,750 3,001 to 20,000 $7,500 20,001 to 50,000 $22,500 Greater than 50,000 $52,500 2. Section 122-16N(1) shall be renumbered to 122-16N(1.1). 3. A new Section 122-16N(1) shall be added and shall read as follows: (1) § 240-3 5B(1)(e), architectural approval fees: (a) application fee: $250. 3 (b) escrow funds: the applicant shall deposit and maintain the sum of $1,500. 4. Section 122-16.N(3)(c) shall be revised to read as follows: (c) Recreation fee: Editor's Note: See also § 240-860(5), Cash payment in lieu of reservation. $5,000 per dwelling unit on the original site plan containing residential units. (Note: Such fee shall be payable by the applicant only upon: a) the granting by the Planning Board of site plan approval; and b) a finding by the Planning Board that: 1) the granting of the application will create a need for additional park land in the Town; and 2) that a suitable park or parks cannot be located on the site.) 5. Article III of Chapter 122 shall be revised to read as follows: Article M. RECREATION FEES § 122-11. Legislative intent. The Zoning Law and the Subdivision Regulations of the Town of Wappinger Editor's Note: See Chs. 240, Zoning, and 217, Subdivision of Land, respectively. presently require payment of a recreation fee upon the approval of a site plan containing residential units based on a per -dwelling unit amount and upon approval of a subdivision based on a per -lot amount, respectively. The Town Board determines that the amounts to be paid per dwelling unit or lot are in need of being adjusted and by this article seeks to adjust the amount of the recreation fee. § 122-12. Recreation fee established. The Town Board of the Town of Wappinger, pursuant to §§274-a, 276 and 277 of the Town Law of the State of New York, hereby establishes a fee to be known as the "residential site plan and subdivision recreation fee," which fee is to be paid per dwelling unit or lot whenever lands are approved by site plan or subdivided, respectively, pursuant to the Zoning Law or Subdivision Regulations of the Town of Wappinger. Said fees shall be paid prior to endorsement of the final site plan or subdivision plat, as applicable, by the Chairman of the Planning Board. § 122-13. Residential site plan or subdivision recreation fee. The residential site plan or subdivision recreation fee is hereby set at an amount per dwelling unit or lot as set forth in Chapter 122, Article IV, §§ 122-16N(3)(c) and 122-16L of the Code, pursuant to the Zoning Law and Subdivision 3 Regulations of the Town of Wappinger and Town Law of the State of New York §§ 274-a, 276 and 277. The fees per site plan or subdivision shall be calculated by the Zoning Administrator. 6. New Sections 122-16.N(6)(e)[8] and [9] shall be added and shall read as follows: [8] Outdoor seating fee per year: $150 for the first six seats or portion thereof, plus $25 for each additional seat. [9] Portable storage unit: $100. Section 4: • Code Amendments — Chapter 240, Zoning 1. The following new definition shall be added to Section 240-5 in its proper alphabetical order: ALL -TERRAIN VEHICLE (ATV) Any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or off-highway competitions and only incidentally operated on public highways and as further defined by §2281 of the New York State Vehicle and Traffic Law, or any successor statute. All -terrain vehicles shall include, but not be limited to, off-road motorcycles, minibikes, go-carts and snowmobiles, but shall exclude golf carts. 2. The following definition in Section 240-5 shall be amended to read as follows: STRUCTURE A. Anything constructed or erected, the use of which requires location on, in or under the ground or water. or attachment to something having location on the ground or water, including but not limited to buildings, parking decks or garages, storage containers, swimming pools, tennis courts, towers, docks, balconies, open entries, porches, decks, handicap ramps, signs, permanent awnings, gas or liquid storage tanks, ground -mounted antennas, ground -mounted solar panels and satellite receiving antennas, outdoor tables and seating for patrons, and walls more than six feet in height, but not anything requiring only single paving or surfacing of the ground such as parking lots, driveways or sidewalks. B. A static construction or an assembly of materials, the use or occupancy of which requires a fixed location on the ground or attachment to an object having a fixed location. 0 3. Section 240-16.E shall be deleted. 4. Sections 240-16.F through H shall be relettered E through G, respectively. 5. Section 240-18.E shall be amended to read as follows: E. Lots bordering major streams. All lots bordering major streams shall be subject to the requirements for flood -prone areas as required in § 240-33 of this chapter. No building permit shall be issued for the construction of any permitted principal or accessory use in any district within 100 feet of normal water edge of the main branches of Wappingers Creek and Sprout Creek. 6. Section 240-35 shall be amended to read as follows: § 240-35. Architectural and historical district powers. A. Findings and purpose. (1) The Town Board finds that the economy and quality of life of the Town of Wappinger are affected by its visual environment. The general welfare of residents and of property owners, as well as property values and the tax base, are enhanced by natural and man- made features and structures of visual and historical value. Excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings erected in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential and business purposes or other use and by so doing impairs the benefits of occupancy of existing property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof and destroys a proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this chapter to prevent these and other harmful effects of such exterior appearances of buildings erected in any neighborhood and thus to promote and protect the health, safety, comfort and general welfare of the community, to promote the public convenience and prosperity, to conserve the value of buildings and natural and man-made 5 features and to encourage the most appropriate use and development of land within the Town. (2) Accordingly, the Town Board of the Town of Wappinger hereby finds that it is in the best interests of the citizens of the Town of Wappinger and protective of their health, safety, economic and general welfare to authorize the Planning Board to have architectural and historic district powers, as hereinafter set forth, in order to accomplish these purposes and to ensure proper protection and development of the visual environment of the Town of Wappinger. B. Functions of the Planning Board. (1) Architectural approval authority. The Planning Board shall have the authority to approve, approve with modifications or conditions, or disapprove architectural plans on the following matters: (a) National register, state register and locally designated properties and districts. Plans for construction, alteration, addition or restoration of buildings located in federal, state or locally designated historic districts or located on the same property as individual structures listed on the National Register of Historic Places or determined to be eligible for listing on the National Register of Historic Places by the State Office of Parks, Recreation and Historic Preservation or locally designated by the Town of Wappinger as significant historic structures. (b) Site development plans. Site development plans before the Planning Board for review, including but not limited to industrial, commercial, office, two-family, multifamily and mobile home park development, and open space development. (c) Special permit uses. Applications for special permit uses in all districts. (d) Signs. Plans for the construction or erection of signs. (e) Modification. Plans for the architectural modification of industrial, commercial, office, two-family, multifamily or mobile home park development, including newly installed rooftop equipment. C (2) Reports. The Planning Board may, on its own initiative, issue reports recommending programs or legislation in the interest of preserving or improving the visual environment. C. Procedures. Whenever architectural or historic district powers are invoked pursuant to this section, the Planning Board may request such additional information from the applicant as is necessary to enable the Planning Board to review the proposed project. Essential plans and information shall include, but not be limited to: (1) Applications. (a) Planning Board file. (b) Building Department file. Building Department files on the subject property and adjacent properties. (c) Plans and elevations. Scale plans and elevations showing the nature of construction and the materials to be incorporated in the exterior of the project. (d) Site plans. A site plan, at an appropriate scale, showing information required by Article IX of this chapter. (e) Renderings. Three-dimensional sketches or renderings illustrating significant aspects of Construction and exterior design, when deemed necessary and requested by the Planning Board and at a scale deemed appropriate by the Planning Board. (2) Preliminary design and meeting with applicant. Applicants shall be encouraged to submit preliminary designs for Planning Board review and comment prior to final design submission. (3) Site visits. Insofar as is possible, whenever deemed necessary by the Planning Board, members of the Planning Board shall visit the site of proposed construction. D. Standards for review. In conducting its review, the Planning Board shall evaluate the proposed architectural and landscaping plans in accordance with the following standards. 7 (1) New structures should be constructed to a height visually compatible with the buildings and environment with which they are visually related. (2) The gross volume of any new structure should be visually compatible with the buildings and environment with which they are visually related. (3) In the elevation(s) of a building, the proportion between the width and height in the facade(s) should be visually compatible with the buildings and environment with which it is visually related. (4) The proportions and relationships between doors and windows in the facade(s) should be visually compatible with the buildings and environment with which it is visually related. (5) The rhythm of solids to voids, created by openings in the facade, should be visually compatible with the buildings and environment with which it is visually related. (6) The existing rhythm created by existing building masses and spaces between them should be preserved, insofar as practicable. (7) The materials used in the facade(s) should be visually compatible with the buildings and environment with which it is visually related. (8) The texture inherent in the facade(s) should be visually compatible with the buildings and environment with which it is visually related. (9) Colors and patterns used on the facade(s) should be visually compatible with the buildings and environment with which it is visually related. (10) The design of the roof should be visually compatible with the buildings and environment with which it is visually related. (11) The landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should be visually compatible with the buildings and environment with which it is visually related. (12) All facade(s) should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected. (13) Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area. (14) The setback of the building(s) from the street or property line and the other yard setbacks should be visually compatible with the buildings and environment with which it is visually related. LM (15) Signs should be of a size, scale, style, materials and illumination that is visually compatible with the building to which it relates and should further be visually compatible with the buildings and environment with which it is visually related. E. Findings. The Planning Board may make the following findings: (1) Approved. This fording shall be indicative that the plan will not be detrimental to the visual environment, meets the standards required by the Town of Wappinger and is approved. (2) Approved with modifications or conditions. This finding shall be indicative that the plan will meet the standards of the recommended category with modifications or conditions. If the suggested modifications are made, the plan shall be deemed approved. (3) Disapproved. This fording shall be indicative that the plan is found to be detrimental to the visual environment and beneath the standards of design required by the Town of Wappinger and cannot be rendered acceptable by the imposition of conditions or modifications, and is therefore disapproved. (4) The above mentioned findings may be made as part of a concurrent resolution of the Planning Board, such as for example, site development plan approval. F. Substantial change of approved plans. Any substantial change in siting or in the exterior appearance of any approved project may be subject to review and reconsideration by the Planning Board at the discretion of the appropriate referring agency or the Planning Board. 0 7. A new Section 240-36.1 shall be added and shall read as follows: § 240-36.1 Use of all -terrain vehicles (ATVs). A. Except for the movement of off-road vehicles into and out of storage locations, ATVs shall not be operated on any lot which is less than two acres in size. B. No all -terrain vehicle shall be operated within 400 feet of any residence, except the residence of the owner or operator thereof, between the hours of 7:00 a.m. and 10:00 p.m. Further, no all -terrain vehicle shall be operated within 800 feet of any residence, except the residence of the owner or operator thereof, between the hours of 10:00 p.m. and 7:00 a.m. C. No person shall operate or cause to be operated any all -terrain vehicle that is not equipped with a properly functioning muffler system required by § 2406(1)(b) of the New York State Vehicle and Traffic Law. 8. Section 240-83 shall be amended to read as follows: § 240-83. Approval and conformity required. A. Except as exempted by Subsection B of this section, no building permit shall be issued, no grading, stripping, cutting, filling or other site preparation or disturbance shall. be permitted, and no structure or use shall be established except in conformity with an approved site development plan, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met, except as may be otherwise specifically provided for in the resolution of site plan approval. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plans and conditions. Revisions of such plans and changes of approved uses shall be subject to the same approval procedure. Any proposed construction of new structures or additions thereto or any change or modification of use of property which adds to or modifies a previously approved site development plan shall require further site plan approval, termed "amended site plan approval by the Planning Board." The Zoning Administrator shall enforce all requirements and conditions of the approved site development plan. B. The following uses, buildings and structures shall not be subject to site development plan approval: 10 (1) Issuance of a building permit and grading, stripping, cutting, filling and other site preparation or disturbance in connection with one one - family dwelling. (2) Issuance of a building permit for any of the following items: (a) outdoor tables and seating for patrons. (b) a generator which is less than 25 kilowatts in size, which is less than 15 feet from its associated building, and which is screened to the satisfaction of the Zoning Administrator. (c) newly installed or replacement HVAC equipment, except that newly installed rooftop equipment shall be subject to §§ 240- 35E and 240-35B(1)(e) of this chapter. (d) a shed on nonresidentially-zoned or -used property, which shed is less than 100 square feet in size, is less than 10 feet in height, and which is located in a side or rear yard. (e) a refuse enclosure which is located in a side or rear yard. ( security devices and equipment. (g) propane tank cages. (h) a modification to the architecture of industrial, commercial, office, two-family, multifamily or mobile home park development which has been approved by the Planning Board in accordance with §§ 240-35E and 240-3 5B(1)(e) of this chapter. 9. A new Section 240-86.Q shall be added and shall read as follows: Q. Outdoor tables and seating for patrons. (1) It is the intent of these regulations to allow an establishment that serves food and beverages to provide outdoor tables and seating for patron use on the same lot as such establishment. (2) The following types of outdoor dining are subject to building permit; all others types are subject to site plan approval by the Planning Board: 11 (a) tables and seating on sidewalk, grass or other area of natural material(s); and/or (b) tables and seating for 12 or fewer patrons. Notwithstanding the above, the Zoning Administrator may refer any application for outdoor dining to the Planning Board for site. plan approval. (3) Tables and seating for patrons shall comply with the following provisions: (a) The use of platforms on which tables and seating would be placed shall be prohibited. Umbrellas that are supported on a post that is affixed to or supported by tables are permitted. Additionally, temporary self-supporting dividers (i.e., velvet rope fences, chain or fabric) not exceeding four feet in height are permitted and are required to comply with the New York State Alcohol Control Board requirements for outside service of alcoholic beverages. (b) Tables, chairs, umbrellas and dividers shall be moveable and shall not be affixed to a building or the ground. (c) No outdoor dining shall take place between November 1 of each year and April 1 of the following year. (d) Tables, chairs, umbrellas and dividers shall be located so as to allow at least five feet of unimpeded pedestrian sidewalk clearance and shall not be located so as to obstruct doorways or other means of ingress and egress. (e) All food and beverages shall be dispensed from the interior of the establishment. No outdoor service bar or counter shall be permitted. (f) No outdoor music or sound amplification shall be permitted without site plan approval from the Planning Board. 10. Section 240-105 shall be deleted. 12 11. The title of Article XII shall be revised to read as follows: ARTICLE XII Administration and Enforcement 12. . Section 240-106 shall be renumbered to 240-106.1. 13. A new Section 240-106 shall be added and shall read as follows: § 240-106. Zoning Administrator, A. Administration. The provisions of this chapter shall be administered and interpreted by the Zoning Administrator, the Deputy Zoning Administrator, the Municipal Code Enforcement Officers and such other persons as designated by the Town Board. In addition to the powers and duties as may be specified in other sections of the Town Code, the Zoning Administrator shall have the following powers and duties in the administration and enforcement of this chapter. B. Powers and duties. (1) The Zoning Administrator shall, consistent with the expressed statement of purposes of this chapter, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator's opinion necessary to administer and enforce the provisions of this chapter. Such rules and regulations, and any such interpretations that will be of general application in future cases, shall be made a part of the Zoning Administrator's permanent public record. The Zoning Administrator is authorized to issue opinions and determinations on all written requests regarding the classification of uses and the interpretation and applicability of the provisions of this chapter. All such opinions and determinations shall be made within 30 days of receipt of the written request and shall be filed with the Town Clerk within 5 days of issuance and a copy given to the Town Board, Planning Board and Zoning Board of Appeals. (2) The Zoning Administrator shall have authority to take appropriate actions to secure compliance with this chapter, through review of permit applications, surveys and record-keeping, enforcement against violations and by other means. (3) In the performance of any prescribed duties, the Zoning Administrator and other staff members authorized to represent the 13 Zoning Administrator shall have the .right to enter any building or premises for the purposes of investigation and inspection, provided that such right of entry shall be exercised only at reasonable hours, and that in no case shall entry be made to any building without the permission of the owner, owner's agent, tenant or mortgagee in possession, or without the written order of a court of competent jurisdiction. (4) The Zoning Administrator shall periodically review and study the effectiveness and appropriateness of the provisions of this chapter, for the purpose of recommending necessary changes to the Town Board. 14. The following use under the heading "Storage" in the Schedule of Use Regulations — Residential Districts in Attachment 1:3 to Chapter 240 shall be amended to read as follows: Subject to the issuance of a building permit, outdoor storage of one portable storage unit for a period not exceeding nine months during any 12 -month period if the property owner also possesses a valid building permit for work on the lot, or not exceeding three months during any 12 -month period otherwise. Such storage unit shall only be located on a driveway or in a parking area, and not on lawns or other vegetated areas. 15. Footnote 1 on Attachment 3:1 to Chapter 240, Schedule of Dimensional . Regulations — Residential Districts, shall be revised to read as follows: 1 The purpose of these districts is to allow the development at a higher density when public (or common) sewer and/or water supply is used. The following lot widths and yard requirements are required: See table on following page (240 Attachment 3:2). 16. A new footnote 4 on Attachment 3:1 to Chapter 240, Schedule of Dimensional Regulations — Residential Districts, shall be added and shall read as follows: 4 These dimensional requirements pertain only to lots created for one -family or two-family detached dwellings. 17. In the Attachment 3:1 to Chapter 240, Schedule of Dimensional Regulations — Residential Districts, the following three columns shall be revised to read as follows: 14 District RMF -3 RMF -5 Minimum lot area (square feet, unless otherwise — — noted) With public water and sewer 5 acres 5 acres With public water or sewer 15 acres 10 acres Without public water and sewer 15 acres 10 acres Minimum lot width (feet) 100 4 100 Minimum lot depth (feet) 1504 150 Minimum lot frontage (feet) 504 50 Maximum dwelling units per net lot area 3 5 Minimum front yard (feet) from: County/state highway 75 75 Centerline of other street 75 75 Front lot line of other street 50 50 Minimum side yard (feet) 50 25 Accessory building < 15 feet high and 10 10 < 200 square feet Minimum rear yard (feet) 50 50 Accessory building < 15 feet high and 10 10 < 200 square feet Maximum building height (stories/feet) 3/35 3/35 Maximum building coverage(percent) 30% 45% Maximum floor area ratio .3 .45 18. Section 240-48 shall he amended to read as follows: § 240-48. Fees. Applicatiop for a special permit shall be accompanied by a fee as set forth in Chapter 122, Article IV, § 122-16N(1.1) of the Code. The approving agency shall require the establishment of an escrow deposit in accordance with § 240-110A(3) herein to reimburse the Town for the professional review fees charged in connection with the review of the application. Section 5: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise .ratified, readopted and confirmed. 15 Section 6: Numberiniz for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 7: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 8: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. JADOCS2\500\Wappinger\Code Amendmts\zoning amends 12-4-12 clean.dhs.doc 16 Town Board Meeting Minutes January 28, 2013 VIII. Public Portion Motion To: open the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Public comments Supervisor Gutzler introduced Vincent Caputo. Mr. Caputo stated that he is requesting a recycle center permit for a company owned vehicle. He explained that he drives a vehicle that is provided to him by his employer. When he went to the Clerks office he was denied the permit do to that fact. Councilman Bettina stated that residents get different benefits, one is in the form of a vehicle. He suggested a letter be written by the employer stating the employee is using the vehicle as a benefit. He added that the board needs to adjust the policy. Supervisor Gutzler stated that the board will work on a policy and it just might be something similar to a letter like Councilman Bettina suggested. She asked for the boards suggestions. Councilman Bettina stated that he feels that if a resident provides a letter from their employer they should be able to get a, permit. Councilwoman Czarniecki added she would be in support of Councilman Bettina's suggestion. Councilman Beale questioned the type of vehicle. He added that since it was not a commercial vehicle it should be fine. The issue is the commercial vehicles. The board decided that as long as the resident provided a letter from the employer on letter head stating the use of the vehicle to the clerk, a permit should be issues. Christine Fulton, Town Clerk, requested the policy in writing. The Supervisor stated she would get the policy to the Clerk. Motion To: close the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz IX. Discussions A. Insurance Proposals for Town's Insurance Carrier John Forman & Vincent Lemma from the Analec and Moore Insurance Agency, Dawn Dorian from the Marshall and Sterling Insurance Agency, and Michael Span and Brian Miles from the Spain Insurance Agency each gave presentation to the board in regard to the coverage each company is purposing to insure the town. B. Recycle Center Policies and Fees Supervisor Gutzler questioned if the board was prepared to discuss the recycle center policy. Councilman Beale made a motion to have a designated workshop specifically for that purpose at a subsequent time since they are dealing with a time frame involving the insurance. Supervisor Gutzler questioned when they would like to discuss the topic. The board decided to have a discussion at the February 11th Town Board meeting as long as the agenda is not too full. Motion To: have a workshop to discuss the recycle center at the February 11th Town Board meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Vincent Bettina SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Town of Wappinger Page 10 Printed 2/4/2013 Town Board Meeting Minutes January 28, 2013 X. Resolutions RESOLUTION: 2013-59 Resolution Introducing "Local Law No. _Of the Year 2013, Amending Section 240-60.A. of the Town of Wappinger Zoning Code" WHEREAS, the Town Board has reviewed the provisions regarding "temporary housing units" as contained in Zoning Code Section 240-60.A. and has determined that the exclusion of mobile homes as temporary housing units is inappropriate. The definition of "temporary housing units or Elderly Cottage Housing Opportunity (ECHO)" specifically defines such a unit as "...separate, detached or impermanently detached, temporary dwelling unit..." which must, by its nature, be "mobile". Furthermore, Section 240-60.H. requires that the temporary housing unit be removed within 90 days of the death or permanent change of residence of the original occupant of the unit; and WHEREAS, the Town Board hereby determines that the prohibition of a mobile home is totally inconsistent with the stated intention and general provisions of Section 240.60 of the Zoning Code and hereby wishes to amend Section 240-60.A.; and WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act ("SEQRA"). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. of the Year 2013 in the form annexed hereto. 3. The Town Board determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. of the Year 2013 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 25th day of February, 2013, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-59 Yes/Aye No/Nay Abstain Absent ❑ Adopted Barbara Gutzler Voter ❑ ❑ ❑ a Adopted as Amended William Beale Voter m ❑ ❑ ❑ ❑ Defeated Vincent Bettina Mover a ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Seconder a ❑ ❑ ❑ Michael Kuzmicz Voter E� ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-60 Resolution Introducing "Local Law No. —of the Year 2013, Amending Section 122- 16.N.(2) of the Town of Wappinger Code" WHEREAS, the Zoning Administrator has reported to the Town Board that the permit fee for temporary outdoor use and/or sales (including signs) is excessive and should be reduced to 100.00; and WHEREAS, the Town Board has determined that it is necessary and appropriate to Town of Wappinger Page 11 Printed 2/4/2013 Town Board Meeting Minutes January 28, 2013 decrease the permit fee for temporary outdoor use and/or sales (including signs) charged by the Town to $100.00; and WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act ("SEQRA"). NOW, THEREFORE, BE IT RESOLVED: I. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. of the Year 2013 in the form annexed hereto. 3. The Town Board determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. - 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. of the Year 2013 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 25th day of February, 2013, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-60 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ Tabled Vincent Bettina Seconder _ 0 ❑ 11❑ ❑ Withdrawn Isma Czarniecki y Voter 0 El❑ ❑ Michael Kuzmicz Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-61 Resolution Introducing Local Law No. —of the Year 2013, Designating Four -Way Stop Intersection at the Western Intersection of Scott Drive and Carroll Drive WHEREAS, at a recent Town Board meeting, a Council Member, in response to concerns raised by Town residents, inquired about the possibility of installing two new stop signs at the western intersection of Scott Drive and Carroll Drive; and WHEREAS, the matter was referred to the Engineer to the Town and to the Town Highway Superintendent for their investigation and recommendation; and WHEREAS, the Town Board, after examination of the facts and circumstances, and the recommendation of Highway Superintendent, Graham Foster, and Engineer to the Town, Robert J. Gray, has determined that it is in the best interest of the citizens of the Town of Wappinger to revise the Town's Vehicles and Traffic Code §230-43 "Schedule IX: Stop Intersections" and to designate a four-way stop intersection at the western intersection of Scott Drive and Carroll Drive; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No._ of 2013 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Town of Wappinger Page 12 Printed 2/4/2013 Town Board Meeting Minutes January 28, 2013 Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (17). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of the Year 2013 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 25th day of February, 2013, at 7:30 p.m., and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RE52013-61' ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Yes/Aye No/Nay Abstain Absent ® Adopted Barbara Gutzler Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder B ❑ ❑ ❑ 11 Tabled ❑ Withdrawn Ismay Czamiecki Mover a ❑ ❑ ❑ Michael Kuzmicz Voter 8 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. XI. Items for Special Consideration A. Supervisor Gutzler Motion To: add Resolution Easement along Old Hopewell Rd RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz RESOLUTION: 2013-66 Resolution Authorizing Execution of Grant of Permanent Easement and Agreeing tc Terms Contained Therein in Connection with Construction of Water Main by United Wappinger Water District WHEREAS, the Town of Wappinger, by and on behalf of the United Wappinger Water District (UWWD), has entered into an Inter -Governmental Agreement (IGA) with the New York City Department of Environmental Prqtection (DEP) dated September 25, 2012 for the construction of a 12 inch water main from a point of connection with the UWWD water system on Old Hopewell Road and Route 9 to the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and WHEREAS, the Town Board has formally authorized the extension of the UWWD to the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and WHEREAS, the Engineer to the Town, Morris Associates Engineering Consultants, PLLC (Morris Associates), has designed the route of the pipe to the DEP site which route requires the acquisition of several easements; and WHEREAS, the Town Board has previously authorized the Town Supervisor, Barbara A. Gutzler, the Engineer to the Town, Morris Associates, and the Attorney to the Town, Albert P. Roberts, to acquire all required and necessary easements; and WHEREAS, terms have been negotiated for the acquisition of an easement from Michael J. Kelly (Kelly); and WHEREAS, Kelly has requested certain terms and conditions including the installation of a utility pole; and WHEREAS, the Attorney to the Town has prepared a form of Easement which includes terms pursuant to which Kelly has agreed to grant the Town the required Easement, a copy of which form of Easement is attached hereto as Exhibit "1". 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 form of Easement as set forth in Exhibit "1" and hereby authorizes the Town Supervisor to execute same by and on behalf of the Town. Town of Wappinger Page 13 Printed 2/4/2013 Town Board Meeting Minutes January 28, 2013 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2013-66 A B DB T14 0 Adopted (General (Highway Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Mover 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 , ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. XII. New Business A. Councilman Beale Councilman Beale wanted to acknowledge Graham Foster and John Barry, a Highway employee, who went above and beyond today to help a victim that was ejected from the vehicle in a roll over car accident. The employee administered first aid. Councilman Beale suggested the Town notify the county about that stretch of New Hamburg road. It gets very hazardous especially on the turn. Councilman Bettina suggested contacting the Dutchess County Legislator since he was able to help with Osborne Hill Rd. He added that he would like to call John Barry in to give him an award for his effort. Councilman Beale suggested maybe a new jacket since he gave his up while helping the victim. The Supervisor agreed and stated that she would contact Gary Cooper at the county about the issue. XIII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: Come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz XIV. Town Board Review of Vouchers RESOLUTION: 2013-62 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-VVV Vendor A B DB T14 (General (General (Highway (Allstate) Town wide) PartTown Fund Sedore 2,396.00 Camo 552.50 Camo 620.00 Town of Wappinger Page 14 Printed 2/4/2013 Town Board Meeting Minutes Central Hudson 70.11 Pay Board Sedore Central Hudson 643.42 Central Hudson 150.39 Camo Central Hudson 2,830.91 620.00 Central Hudson 1,085.99 70.11 Central Hudson Central Hudson 2,098.74 Central Hudson Central Hudson 49.82 Central Hudson 2,830.91 Clove Excavators Central Hudson $16,955.80 DC Plan Federation $5.00 Central Hudson Poughkeepsie 49.82 Clove Excavators Journal 16,955.80 DC Plan Federation Home Depot 207.50 $368.06 368.06 Home Depot 29.68 Home Depot Home Depot 809.17 207.50 Home Depot Home Depot 500.19 Home Depot DC Sheriff Office 3,596.52 $9,442.96 500.19 NYS $111.42 13,039.48 Unemployment Arkel Motors $1,658.22 DC Truck Parts $33.54 DC Truck Parts $199.90 Justice Court Fund 18,250.00 Cryo Weld $252.00 Dorothy Groark 42.30 Atlas Star 87.28 NYS Retirement 188,347.77 $96,588.60 $198,006.63 DC Central 366.59 Services Howard Prager $102.40 Poland Spring 132.19 All State $724.04 Verizon Wireless 349.49 $97.19 Hannaford 16.03 Airport 1,912.00 Veterianarian Airport 764.00 Veterianarian Sunny Bunny 305.80 Totals $226,214.39 $106,347.57 $217,106.09 $724.04 Vendor WU (Wapp United Water Pay Board Sedore 2,396.00 Camo 552.50 Camo 620.00 Central Hudson 70.11 Central Hudson 643.42 Central Hudson 150.39 Central Hudson 2,830.91 Central Hudson 1,085.99 Central Hudson 2,098.74 Central Hudson 49.82 Clove Excavators 16,955.80 DC Plan Federation 5.00 Poughkeepsie $368.06 368.06 Journal Home Depot 207.50 Home Depot 29.68 Home Depot 809.17 Home Depot 500.19 DC Sheriff Office 13,039.48 January 28, 2013 Town of Wappinger Page 15 Printed 214/2013 II NI Town Board Meeting Minutes January 28, 2013 NYS A (General Town wide) B (General PartTown 111.42 Unemployment Camo 0 Adopted Arkel Motors Yes/Aye No/Nay 1,658.22 DC Truck Parts ❑ Adopted as Amended Barbara Gutzler 33.54 DC Truck Parts p ❑ 199.90 Justice Court Fund William Beale Voter 18,250.00 Cryo Weld ❑ 2,986.00 252.00 Dorothy Groark Seconder 0 42.30 Atlas Star 0 ❑ Withdrawn 87.28 NYS Retirement a 482,943.00 ❑ DC Central Michael Kuzmicz 366.59 Services ❑ ❑ Howard Prager 102.40 Poland Spring 132.19 All State 724.04 Verizon Wireless 446.68 Hannaford 16.03 Airport 1,912.00 Veterianarian Airport 764.00 Veterianarian Sunny Bunny 305.80 Totals $368.06 $491,043.10 1$59,717.05 10 26 $550,760.15 $550,760.15 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 January 28, 2013, 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 -2013-62 A (General Town wide) B (General PartTown DB (Highway Fund AM (Ambulance) Camo 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Mover 0 p ❑ ❑ ❑ Defeated William Beale Voter a ❑ ❑ 2,986.00 ❑ Tabled Vincent Bettina Seconder 0 0 ❑ 0 ❑ Withdrawn Ismay Czamiecki Mover a ❑ ❑ ............ Michael Kuzmicz Voter ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-63 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: 2013-A Vendor A (General Town wide) B (General PartTown DB (Highway Fund AM (Ambulance) Camo Camo NYCOMCO $64.00 $1,496.00 Platt's 2,592.00 Marshall & 2,986.00 Sterling Empire Health 3,998.95 $713.44 $8,141.91 Town of Wappinger Page 16 Printed 2/4/2013 Town Board Meeting Minutes January 28, 2013 Ins First Unim Life Ins General Code John Barry Wells Fargo Wells Fargo Wells Fargo Aflac Transcare IQM2 ASCAP Stormwater Stormwater Delta Dental Delta Dental American Printing Totals Vendor Camo Camo NYCOMCO Platt's Marshall & Sterling Empire Health Ins First Unim Life Ins General Code John Barry Wells Fargo Wells Fargo Wells Fargo Aflac Transcare IQM2 ASCAP Stormwater Stormwater Delta Dental Delta Dental American Printing Totals Vendor Camo Camo NYCOMCO Platt's Marshall & Sterling Empire Health Ins First Unim Life Ins General Code John Barry Wells Fargo Wells Fargo Wells Fargo 263.38 $60.78 1,195.00 435.00 369.53 $373.56 168.97 5,760.00 327.00 1,230.74 $338.20 1,452.14 $338.20 150.46 $20,929.17 1$1,888.18 $172.21 $180.50 $32,916.66 990.62 1 $32,916.66 T16 Aflac T96 Road T92 WF (Fleetwood Inspection (Planning & Water) Zoning Escrows) 2,250.00 $241.50 $925.00 $875.00 $241.50 $925.00 $875.00 $2,250.00 WH (Watchill WT (Tall WU (United SF (Fleetwood Water) Trees Water) Wapp.Water Sewer) Fund) 1,541.67 2,908.33 68,329.17 $8,168.33 W��l Town of Wappinger Page 17 Printed 2/412013 Town Board Meeting Minutes January 28, 2013 Aflac Transcare IQM2 ASCAP Stormwater Stormwater Delta Dental Delta Dental American Printing Totals $1,541.67 $2,908.33 $68,329.17 $8,168.33 Vendor SM (Midpoint SU (United SW Pay sewer) Sewer fund) (wildwood NYCOMCO 1,560.00 Platt's Sewer) Camo 2,986.00 Sterling Camo $9,708.33 $56,833.33 $13,166.67 Ins NYCOMCO First Unim Life Platt's General Code 1,195.00 Marshall & John Barry 180.50 Wells Fargo Sterling Wells Fargo Empire Health Aflac 12,854.30 Ins Transcare IQM2 First Unim Life ASCAP 327.00 496.37 Ins 875.00 Stormwater 925.00 General Code Delta Dental Delta Dental John Barry American 150.46 Wells Fargo Totals 435.00 Wells Fargo 743.09 Wells Fargo 168.97 Aflac 241.50 Transcare 32,916.66 IQM2 5,760.00 ASCAP Stormwater Stormwater Delta Dental 1,568.94 Delta Dental 1,790.34 American Printing Totals $9,708.33 $56,833.33 $13,166.67 $56,975.17 5 $230,671.96 Vendor Board Hold Camo 75,029.17 Camo 87,876.66 NYCOMCO 1,560.00 Platt's 2,592.00 Marshall & 2,986.00 Sterling Empire Health Ins First Unim Life Ins General Code 1,195.00 John Barry 180.50 Wells Fargo Wells Fargo Wells Fargo Aflac Transcare IQM2 ASCAP 327.00 Stormwater 875.00 Stormwater 925.00 Delta Dental Delta Dental American 150.46 Printing Totals $172,821.79 $875.00 1 0 Town of Wappinger Page 18 Printed 2/4/2013 Town Board Meeting $230,671.96 Minutes January 28, 2013 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 January 28, 2013, 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 -2013-63 A (General Town wide) B (General PartTown) DB (Highway Fund) HWN (Water Main Project Al Roberts Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 11 ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ _ ❑ ❑ ❑ Tabled Ismay Czamiecki Mover 0 ❑ __ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-64 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: 2013-B Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) HWN (Water Main Project Al Roberts 6,009.70 Al Roberts $7,568.86 Al Roberts $13,087.00 NYCOMCO $126.00 Verizon 33.70 Signal Graphics 52.03 James Baisley $1,275.00 MVP Gold 3,266.80 Al Roberts Al Roberts AI Roberts Al Roberts 6,218.25 $462.00 $115.50 Al Roberts $478.50 Al Roberts Al Roberts $478.50 Al Roberts $148.50 Al Roberts Al Roberts 1,287.00 Coffee Systems 60.73 NYSBOC $25.00 NYSBOC $25.00 GFOA 160.00 Sou Dut News $250.16 Staples 59.37 Conrad $480.00 Geosciesnce Reserve Account 5,000.00 Cablevision 154.80 Town of Wappinger Page 19 Printed 2/4/2013 F� Town Board Meeting Minutes January 28, 2013 Cablevision Cablevision NY Planning Feder American Printing American Printing American Printing Valerie Pedrozo Totals 59.90 69.90 $300.00 76.48 $9.66 29.36 30.00 $16,558.32 $2,783.32 $1,390.50 1 $26,665.56 Vendor T92 (Planning & Zoning Escrows) WU (United Wapp.Water Fund) SU (United Sewer fund Al Roberts Al Roberts Al Roberts NYCOMCO Verizon Signal Graphics James Baisley MVP Gold Al Roberts $33.00 Al Roberts $115.50 Al Roberts $99.00 Al Roberts Al Roberts Al Roberts $33.00 AI Roberts Al Roberts $1,402.50 Al Roberts $181.50 Al Roberts $577.50 Coffee Systems NYSBOC NYSBOC GFOA Sou Dut News Staples Conrad Geosciesnce Reserve Account Cablevision Cablevision Cablevision NY Planning Feder American Printing American Printing American Printing Valerie Ped rozo Totals 1$1,650.00 1$577.501 $214.50 Vendor Pay Al Roberts Al Roberts Al Roberts NYCOMCO Verizon 33.70 Signal Graphics James Baisley MVP Gold 3,266.80 Town of Wappinger $49,839.70 Board I Hold 6,009.70 7,568.86 13,087.00 126.00 52.03 1,275.00 Page 20 Printed 2/4/2013 Town Board Meeting Minutes January 28, 2013 Al Roberts A B DB 33.00 Al Roberts (General (Highway 115.50 Al Roberts Abstain Absent ® Adopted 99.00 Al Roberts 0 ❑ 6,795.75 ❑ All Roberts William Beale Voter 478.50 ❑ Al Roberts ❑ ❑ Defeated 33.00 Seconder Al Roberts ❑ ❑ 478.50 ❑ Tabled Al Roberts Mover 0 1,551.00 ❑ Al Roberts ❑ Withdrawn Michael Kuzmicz 181.50 0 Al Roberts ❑ ❑ 1,864.50 Coffee Systems 60.73 NYSBOC 25.00 NYSBOC 25.00 GFOA 160.00 Sou Dut News 250.16 Staples 59.37 Conrad 480.00 Geosciesnce Reserve Account 5,000.00 Cablevision 154.80 Cablevision 59.90 Cablevision 69.90 NY Planning 300.00 Feder American Printing 76.48 American Printing 9.66 American Printing 29.36 Valerie Pedrozo 30.00 Totals $8,585.10 $41,007.10 $247.50 6 25 3 $49,839.70 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 January 28, 2013, 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 -2013-64 A B DB (General (General (Highway Yes/Aye No/Nay Abstain Absent ® Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Mover 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-65 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: iloim Pas -L -a+• IfiII-r Vendor A B DB (General (General (Highway Town wide) PartTown) Fund Town of Wappinger Page 21 Printed 2/4/2013 Town Board Meeting Minutes January 28, 2013 The Associaton of Towns I I I i Empire Ins. Employees Poughkeepsie Journal Signal Graphics West Payment Center DC Soil & Water Seminar DC Soil & Water Seminar DC Soil & Water Seminar Arkel Motors Arkel Motors CSEA Mid Hudson NYBOC Hillman Signs Hillman Signs Staples Staples Staples Staples Software Consulting Assoc Cardiac Life Products American Printing Watkins Press James Baisley Paetec Totals Vendor The Associaton of Towns Empire Ins. Employees Poughkeepsie Journal Signal Graphics West Payment Center DC Soil & Water Seminar DC Soil & Water Seminar DC Soil & Water Seminar Arkel Motors Arkel Motors CSEA Mid Hudson NYBOC Hillman Signs Hillman Signs Staples Staples Staples Staples Software Consulting Assoc Cardiac Life Products American Printing Watkins Press James Baisley Paetec 1,500.00 3,998.96 180.00 $5,864.70 $249.66 $356.53 $195.00 $119.00 49.61 3.18 $39.92 22.97 1,320.00 349.00 11.98 455.25 581.68 $8,472.63 $15.79 7,080.60 Pay 1$8,910.44 $90.07 $741.77 $2,626.18 $163.50 $810.00 13,341.96 $28,895.19 Board 1,500.00 18,774.10 249.66 356.53 180.00 80.00 80.00 80.00 90.07 741.77 2,626.18 195.00 163.50 119.00 49.61 3.18 39.92 22.97 1,320.00 349.00 11.98 455.25 810.00 597.47 Town of Wappinger Page 22 Printed 2/4/2013 Town Board Meeting Minutes January 28, 2013 Totals $0.00 $28,895.19 0 24 $28,895.19 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 January 28, 2013, 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 -2013-55 Yes/Aye No/Nay Abstain Absent ® Adopted Barbara Gutzler Voter 4 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ - ❑ ❑ Tabled Ismay Czamiecki Mover 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz - Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York January 28, 2013 The Resolution is hereby duly declared adopted. XV. Adjournment RESULT; ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz ....... .......... .............. ...... ..................................... ..................................................... . .......... ........ ........ ......... The meeting adjourned at 10:15 PM. - Christine Fulton Town Clerk Town of Wappinger Page 23 Printed 2/4%20!.4