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2013-03-11 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda — Christine Fulton 845-297-5771 Monday, March 11, 2013 7:30 PM Town Hall I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Public Portion V. Minutes Approval Monday, February 11, 2013 Monday, February 25, 2013 VI. Correspondence Log 2013-96. Resolution Authorizing the Acceptance of the Correspondence Log VII. Discussions A. Recycle Center Policy B. Mid -Hudson Road Runners Club Race May 18, 2013 VIII. Public Hearings Public Hearing in the Matter of the Increase and Improvement of the Facilities of United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York IX. Resolutions 2013-97. Resolution Authorizing Purchase of Flag Poles, Accessories and Signage For Mark C. Palmateer 9-11 Memorial Park 2013-98. Resolution Appointing Certified Public Accountants to Provide Various Accounting Services and to Audit the Accounts and Reports of the Town Supervisor, Town Clerk and Town Justices 2013-99. Resolution Designating an Insurance Agent for the Town of Wappinger 2013-100. Resolution Authorizing the American Red Cross Use of Town Hall Facilities for Various Blood Drives Throughout Calendar Year 2013 2013-101. Resolution Authorizing Refund of Unused Road Inspection Escrow in Connection with Friendly Motorcars Site Plan 2013-102. Resolution Authorizing Refund of Unused Escrow for New Hackensack Plaza Site Plan (Account 08-3151) 2013-103. Resolution Authorizing Refund of Unused Cash Bond Posted for Site Restoration (Account 11-3244) in Connection with the Adams Fairacre Farms Site Plan 2013-104. Resolution Authorizing Refund of Unused Post Planning Escrow for Adams Fairacre Farms Site Plan (Account 10-6016PP) X. Items for Special Consideration XI. New Business XII. Town Board Review of Vouchers 2013-105. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2013-106. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2013-107. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIII. Adjournment Town of Wappinger Page 1 Printed 31712013 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes — Christine Fulton 845-297-5771 Monday, March 11, 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 Graham Foster Town of Wappinger Superintendent of Highway Present Bob Gray Town of Wappinger Engineer to the Town Present David Stolman Town of Wappinger Town Planner Present Jim Horan Town of Wappinger Attorney to the Town Present Salute to the Flag Adoption of Agenda Motion To: adopt the agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Minutes Approval Monday, February 11, 2013 ✓ Vote Record - Acceptance of Minutes for February 11 2013 7:30 PM Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Mover 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Monday, February 25, 2013 ✓ Vote Record - Acceptance of Minutes for February 25 2013 7:30 PM Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Mover 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Public Portion Motion To: open the floor RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Public Comment The first resident to speak was Bill Dangler. He thanked Councilwoman Czarniecki and Highway Superintendent Graham Foster for the stop signs that were installed. He stated that he believes they are already effective. The next resident to speak was Richard Carlson. He spoke in reference to the Recycle center policy. He stated that he has listen to all of the discussion and Town of Wappinger Page I Printed 311812013 Town Board Meeting Minutes March 11, 2013 there seems to be a lot of exceptions to the rules and in his opinion there should not be any exceptions. If the residents can't follow the policy put into place then they should take their items to Royal Carting. He added that he feels there are a lot more important things to concentrate on like the budget and that there are going to be a lot more exceptions to come. Motion To: close the public portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VI. Correspondence Log RESOLUTION: 2013-96 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-96 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Mover 0 ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Vincent Bettina Voter 0 ❑ 11Tabled ❑ Withdrawn Ismay Czamiecki Mover 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. VII. Discussions A. Recycle Center Policy Supervisor Gutzler stated that she wrote the summary of changes and posted it to the web for review. She then referred to the memo written by Graham Foster, Highway Superintendent and ask him for any comments. He stated that he wanted to make sure everyone was on the same page. The board discussed the changes to the policy. Supervisor Gutzler stated that Commercial Vehicles are not permitted to enter the Recycle Center. Commercial Vehicles include, but are not limited to: dump trucks, rack trucks, box trucks, and commercial rental vehicles such as U -Hal trucks and vans, Home Depot trucks and vans. Pick-up trucks that are for private (not commercial) use shall be permitted, even if the vehicle has commercial plates. The resident must present a notarized letter stating that said vehicle will be used for the disposal of household garbage only; additionally, resident must present vehicle registration and proof of residency in the Town of Wappinger. Should a small business owner use a pick-up truck as his/her personal vehicle and the vehicle is registered to his/her business, he/she must present proof of residency, vehicle registration, and a notarized letter stating that said vehicle is used has his/her personal vehicle and will be used for disposal of household garbage only. Rental Vans or Pick-up Trucks: if a resident rents a van(maximum 3/4 ton or 8' passenger van) or pick up for disposal of house hold items and resident has a Recycle Center Pass, the resident may obtain a one-time use pass free of charge if rental agreement is presented to the Town Clerk's office; pass must be surrendered at the gate upon entrance to the Center. If a resident rents a van or pick-up for disposal of household items and resident does not have a Recycle Center Pass, the resident may obtain a one-time use pass for the $15.00 Fee upon presentation of rental agreement at the Town Clerk's office; pass must be surrendered at the gate upon entrance to the center. All vehicles must have a permit for entrance. No Exceptions Councilwoman Czarniecki stated she would like to do something about the florescent light bulbs. Graham Foster stated that he feels that it is best to refer those to Dutchess County Hazardous waste. Councilman Beale made a motion to accept the Recycle Center Policy as amended seconded by Councilwoman Czarniecki. All were in favor. Town of Wappinger Page 2 Printed 3/18/2013 Town Board Meeting Minutes March 11, 2013 Motion To: accept the Recycle Center Policy as amended RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz B. Mid -Hudson Road Runners Club Race May 18, 2013 Supervisor Gutzler stated that the Mid -Hudson Road Runners Club will be conducting a race and questioned if they needed any kind of permit. The board agreed that they didn't need one and could conduct the race. Supervisor Gutzler stated that she would contact them to let them know. Councilman Bettina questioned if they needed insurance. The Supervisor stated that they have all their insurances. VIII. Public Hearings Motion To: open the public hearing for the UWWD Rt 9 Loop RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Public Comment There were no comments. Supervisor Gutzler stated that they cannot close the public hearing because they need to finish the SEQR process and then adjourned the hearing until April 8, 2013 Public Hearing in the Matter of the Increase and Improvement of the Facilities of United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York RESULT: ADJOURNED [UNANIMOUS] Next: 4/8/2013 7:30 PM MOVER: William Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IX. Resolutions RESOLUTION: 2013-97 Resolution Authorizing Purchase of Flag Poles, Accessories and Signage For Mark C. Palmateer 9-11 Memorial Park WHEREAS, a committee was formed to create the Mark C. Palmateer 9-11 Memorial Park located at the intersection of Route 9 and Old Hopewell Road in the Town of Wappinger; WHEREAS, the committee held regular meetings and events, raising money through donations; WHEREAS, new flag poles, accessories, and signage are needed to complete the first phase of improvements to the park; NOW, THEREORE BE IT RESOLVED, Town Board authorizes $3,860.00 for the purchase of (3) flag poles, $250.00 for flag pole accessories, $145.67 for web site maintenance and $500.00 for signage to be purchased using funds raised by the Mark Palmateer 9-11 Memorial Park committee located in Account T-84 "Sgt. Mark C. Palmateer Memorial Fund". BE IT FURTHER RESOLVED, the Town Board authorizes all work to commence on this site upon the approval of the site plan and acquisition and recording of the easement. Town of Wappinger Page 3 Printed 3/18/2013 Town Board Meeting Minutes The foregoing was put to a vote which resulted as follows: March 11, 2013 ✓Vote Record - Resolution -RES -2013-97 ❑ Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Mover 0 ❑ ❑ ❑ 11 Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ 11 Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-98 Resolution Appointing Certified Public Accountants to Provide Various Accounting Services and to Audit the Accounts and Reports of the Town Supervisor, Town Clerk and Town Justices BE IT RESOLVED, that Sedore Hudson Valley CPAs, Certified Public Accountants, is hereby retained for the purposes of furnishing such accounting assistance and consultations as may be needed by the Town Supervisor, Town Accountant and Town Bookkeeping staff, as such services may be required from time to time during calendar year 2013; and BE IT FURTHER RESOLVED, that Sedore Hudson Valley CPAs, Certified Public Accountants, be and they are hereby retained to audit the accounts, books, records and reports of the Town Supervisor, Town Clerk and Town Justices for calendar year 2012; and BE IT FURTHER RESOLVED, that Sedore Hudson Valley CPAs, Certified Public Accountants, shall be paid in accordance with their fee schedule set forth in their Engagement Letter addressed to the Town Board dated February 14, 2013. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-98 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Mover 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑❑ ❑ Michael Kuzmicz Voter 0 ❑ [j ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-99 Resolution Designating an Insurance Agent for the Town of Wappinger BE IT RESOLVED, that Marshall & Sterling with offices at 110 Main Street, Poughkeepsie, New York, a general insurance agency, licensed to do business in the State of New York, be, and is hereby designated as the Insurance Agent for the Town of Wappinger for calendar year 2013, and for the further purposes of providing such insurance consulting services as may be needed by the Town Board, from time to time hereafter, during calendar year 2013. Town of Wappinger Page 4 Printed 3/18/2013 Town Board Meeting Minutes March 11, 2013 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2013-99' Yes/Aye No/Nay Abstain Absent D Adopted Barbara Gutzler Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled lsmay Czamiecki Mover1 10 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Seconder .1 .11 a ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. .RESOLUTION: 2013-100 Resolution Authorizing the American Red Cross Use of Town Hall Facilities for Various Blood Drives Throughout Calendar Year 2013 WHEREAS, the American Red Cross has made application and signed an Agreement for the Use of the Town Hall Facilities to sponsor various blood drives throughout calendar year 2013 and has had the required application fee of $100.00 waived; and WHEREAS, the Town Board is willing to authorize the use of Town Hall facilities to the American Red Cross for various blood drives throughout calendar year 2013 as set forth in the aforementioned Agreement, a copy of which is affixed hereto. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the American Red Cross to utilize Town Hall facilities on the following dates and times, and in accordance with the aforementioned Agreement, a copy of which is affixed hereto: Date March 13, 2013 July 3, 2013 September 19, 2013 December 12, 2013 The foregoing was put to a vote which resulted as follows: Time 9:00 A.M. - 5:00 P.M. 9:00 A.M. - 5:00, P.M. 9:00 A.M. - 5:00 P.M. 9:00 A.M. - 5:00 P.M. ✓ Vote. Record - Resolution RES -2013-100 Yes/Aye No/Nay Abstain Absent ❑ Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ El Adopted as Amended William Beale Mover a ❑ 13 13 ❑ Defeated Vincent Bettina Voter a ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 8 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Seconder 8 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-101 Resolution Authorizing Refund of Unused Road Inspection Escrow in Connection with Friendly Motorcars Site Plan WHEREAS, on or about August 6, 2010, Michael Ostrow, President of Friendly Motorcars (hereinafter the "Applicant") made a deposit in the amount of Five Thousand Dollars ($5,000.00) with the Town of Wappinger for road inspection; and WHEREAS, on or about March 5, 2013, by request of the Applicant, a transfer was made from the Road Inspection Escrow Account to Escrow Account #12-3263 in the amount of One Thousand Eighty -One 50/100 Dollars ($1,081.50), leaving a balance of Three Thousand Nine Hundred Eighteen 50/100 Dollars ($3,918.50) in the Road Inspection Escrow Account; and WHEREAS, all work was completed, inspected and approved on October 15, 2012; and WHEREAS, the Applicant has requested that the unused balance of the Road Inspection Town of Wappinger Page 5 Printed 311812013 Town Board Meeting Minutes March 11, 2013 Escrow Account be returned; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a return of the unused balance of the Road Inspection Escrow in the amount of Three Thousand Nine Hundred Eighteen 50/100 Dollars ($3,918.50). The foregoing was put to a vote which resulted as follows: ✓ Vote Record.- Resolution RES -2013-101 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ 0 ❑ Tabled Vincent Bettina Mover 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder El ❑ ❑ El Michael Kuzmicz Voter 0 ❑ ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-102 Resolution Authorizing Refund of Unused Escrow for New Hackensack Plaza Site Plan (Account 08-3151) WHEREAS, on or about January 28, 2008, John Lawrence, owner of Lawrence Development Realty, LLC (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 08-3151; and WHEREAS, on or about January 28, 2008, the Applicant deposited One Thousand, Five Hundred Dollars ($1,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, an additional deposit in the amount of Nine Hundred Fifty -Nine and 70/100 Dollars ($959.70) was made on July 29, 2008; and WHEREAS, the application was approved and the Resolution of Site Plan Approval was signed by the Planning Board Chairman on February 4, 2008; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of One Thousand, Four Hundred Four Dollars ($1,404.00) remains in escrow account number 08-3151 and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of One Thousand, Four Hundred Four Dollars ($1,404.00) from escrow account number 08-3151, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record . Resolution RES -2013-102 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ El0 ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Mover 0 ❑ ❑ El Michael Kuzmicz Seconder 0 ❑ ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 3/18/2013 Town Board Meeting Minutes March 11, 2013 RESOLUTION: 2013-103 Resolution Authorizing Refund of Unused Cash Bond Posted for Site Restoration (Account 11-3244) in Connection with the Adams Fairacre Farms Site Plan WHEREAS, on or about October 28, 2011, Adams Fairacre Farms, (hereinafter the "Applicant") was required to post a Cash Bond in the amount of Seventy -One Thousand Dollars ($71,000.00) with the Town of Wappinger in connection with Site Restoration (Account # 11- 3244); and WHEREAS, on or about November 2, 2012, by request of the Applicant, a transfer was made from Account #11-3244 to Adams Fairacre Farms Road Inspection Account in the amount of Six Thousand, Five Hundred Eighty -Three and 28/100 Dollars ($6,583.25), leaving a balance of Sixty Four Thousand, Three Hundred Fifty and 72/100 Dollars ($64,350.72) in Account # 11- 3244; and WHEREAS, all work has been completed, inspected and approved by Greg W. Bolner, P.E. of Clark Patterson Lee Design Professionals, Engineer to the Town for this project; and WHEREAS, the Applicant has requested that the unused balance of the Cash Bond be returned; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a return of the unused balance of the Cash Bond posted in connection with Site Restoration to Adams Fairacre Farms in the amount of Sixty Four Thousand, Three Hundred Fifty and 72/100 Dollars ($64,350.72). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-103 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Mover a ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Voter a ❑ ❑ 13 Michael Kuzmicz Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-104 Resolution Authorizing Refund of Unused Post Planning Escrow for Adams Fairacre Farms Site Plan (Account 10-6016PP) WHEREAS, on or about March 9, 2010, Adams Fairacre Farms (hereinafter the "Applicant") made a deposit in the amount of Twenty Six Thousand, Two Hundred Fifty Dollars ($26,250.00) into an escrow account with the Town of Wappinger in connection with post planning review for site plan approval under Application Number 10-6016PP; and WHEREAS, additional deposits in the amounts of Twenty Nine Thousand, Twenty and 73/100 Dollars ($29,020.73), Ten Thousand Dollars ($10,000.00), Seventeen Thousand, One Hundred Forty -Three Dollars ($17,143.00), One Thousand, Nine Hundred Nine and 30/100 Dollars ($1,909.30), and Four Thousand, Five Hundred Dollars ($4,500.00) were respectively made on February 4, 2011, September 1, 2011, September 8, 2011, April 26, 2012, and May 9, 2012; and WHEREAS, the site plan application was approved and a Certificate of Occupancy was issued by the Building Department on October 31, 2011; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Four Thousand, One Hundred Forty -Two and 28/100 Dollars ($4,142.28) remains in escrow account number 10-6016PP and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has Town of Wappinger Page 7 Printed 3/18/2013 Town Board Meeting Minutes March 11, 2013 verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of Four Thousand, One Hundred Forty -Two and 28/100 Dollars ($4,142.28) from escrow account number 10-6016PP, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-104 A B DB HWN (General a Adopted (Highway (Water Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter a ❑ ❑ Central Hudson ❑ Defeated William Beale Seconder D ❑ ❑ ❑ ❑ Tabled Vincent Bettina Mover 8 ❑ ❑ p ❑ Withdrawn Ismay Czamiecki Voter 8 ❑ ❑ 0 $3,906.72 Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. X. Items for Special Consideration Councilman Beale Councilman Beale questioned if there was any update on the noise ordinance. Town Planner, David Stolman explained the noise decibels and how they relate to common every day noises. Jim Horan Attorney to the Town, explained the various towns in Dutchess County and that most of them do not have noise thresh holds in the ordinance. Generally there is a chapter for unreasonable noise standards and plainly audible noises with some of the exemption. He then explained the exemptions and the court case where they applied. Discussion continued. Councilman Beale brought to the boards attention the fact that some towns also have an ordnance for garbage trucks and what time they can start picking up trash. He suggested looking at the Town of Poughkeepsie and how they have it worded. He added that if all the other towns have a ordinance and Wappinger doesn't then this will be the first town they pick up. Councilman Kuzmicz Councilman Kuzmicz stated that there is an Easter Egg hunt on March 23rd at 11:00 am at the Town Hall. He welcomed all to attend. XI. New Business XII. Town Board Review of Vouchers RESOLUTION: 2013-105 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-H Vendor A B DB HWN (General (General (Highway (Water Town PartTown) Fund) Main wide Project Central Hudson 35.07 Cablevision 59.90 MVP Health Plan 21,626.49 $3,906.72 $18,696.42 Town of Wappinger Page 8 Printed 3/18/2013 Town Board Meeting Minutes March 11, 2013 Dept of Water Supply 89.20 Town of Fishkill 66.84 Cablevision Wells Fargo MVP Health -Gold Central Hudson Central Hudson tib... Central Hudson Central Hudson CSEA Joe Johnson Poland Spring Momma's Towing West Payment Center Camo Camo G.C. Bostwick 98.08 327.56 3,266.80 26.54 578.81 278.42 84.44 161.25 1 25.00 25.00 22.33 $3,040.84 $434.99 $270.00 Home Depot $68,664.32 Vendor Pay 6.44 Central Hudson 35.07 DC Sheriffs Office 4,723.93 $7,569.16 DC Truck Parts 44,229.63 $299.85 Staples $41.96 66.84 DC Central Services Cablevision 98.08 Wells Fargo 6.74 MVP Health -Gold D&D Doors 150.00 Central Hudson 26.54 WB Mason Central Hudson 578.81 Central Hudson 3.89 Central Hudson Fed Express CSEA 3,040.84 38.72 434.99 Paetec 589.62 $24.51 Momma's Towing McGrath & Co(2012) 270.00 1 $1,950.00 Totals $32,429.87 $11,542.35 1 $22,742.10 1 $1,950.00 $68,664.32 Vendor Pay Board Hold Central Hudson 35.07 Cablevision 59.90 MVP Health Plan 44,229.63 Dept of Water Supply 89.20 Town of Fishkill 66.84 Cablevision 98.08 Wells Fargo 327.56 MVP Health -Gold 3,266.80 Central Hudson 26.54 Central Hudson 578.81 Central Hudson 278.42 Central Hudson 84.44 CSEA 3,040.84 Joe Johnson 434.99 Poland Spring 161.25 Momma's Towing 270.00 West Payment 138.80 Center Camo 25.00 Camo 25.00 G.C. Bostwick 22.33 Town of Wappinger Page 9 Printed 3/18/2013 Town Board Meeting Minutes March 11, 2013 Home Depot 6.44 DC Sheriffs Office 12,293.09 DC Truck Parts 299.85 Staples 41.96 DC Central Services 6.74 D&D Doors 150.00 WB Mason 3.89 Fed Express 38.72 Paetec 614.13 McGrath & Co(2012) 1,950.00 Totals $52,182.13 $16,482.19 $0.00 Seconder 13 17 0 $68,664.32 I, Christine Fulton, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting March 11, 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 -2013-105 A (General Town wide) B (General PartTown) DB (Highway Fund) HWN (Water Main Project Rec of taxes 0 Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated $3,234.95 Morris Assoc ❑ Tabled Vincent Bettina Mover 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-106 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-I Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) HWN (Water Main Project Rec of taxes 13,838.75 Chelsea Fire Dist. 105,483.00 Signal Graphics $115.50 Sedore & Co. 2,540.00 Morris Assoc 3,774.14 $1,617.51 $3,234.95 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Iseman, $660.00 Cunningham Iseman, 330.00 Cunningham Iseman, 511.50 Cunningham Morris Assoc $29,351.18 Pitney Bowes 636.00 West Payment Cen 180.00 Carquest 14.21 $301.91 Town of Wappinger Page 10 Printed 3/18/2013 Town Board Meeting Minutes March 11, 2013 Carquest 318.53 WU (United Wapp. water Fund) $289.59 T92 (Planning & Zoning Escrows Williams Lumber 97.44 Cargill Inc $14,866.57 Hillman Signs $58.50 Hud River Truck $55.00 Hud River Truck $2,377.44 $102.10 $3,217.70 C&C Hydraulics $559.24 $335.80 Ultimate Pest Cont 50.00 $57.50 Amer Printing $394.45 $71.40 Home Depot 37.37 $111.00 Mid Hudson $103.50 Fasteners Bottini 8,015.41 Bottini 553.16 Bottini $15,286.96 First Unim Life Ins 232.99 $60.78 $162.08 Coffee Systems 7.20 Brady's Power Equip $89.95 Petty Cash Mark $65.00 Price Craig Bova $10.00 DC Truck Parts $307.05 Zee Medical 93.06 Atlas Star 370.00 Wells Fargo 168.97• Wells Fargo 349.65 Vantage Equip $9.63 Wapp Auto Tech 21.00 Hud River Valley 825.00 Tours NY Legal Publishing $240.00 co New Hackensack 1,087,860.00 Fire Frederick P Clark $2,064.00 Cargill Inc $1,814.74 Cargill Inc $4,140.23 Cargill Inc $15,171.30 Cargill Inc $13,485.62 Gellert & Klein $346.50 $297.00 Orrick Herrington 1 1 $14,500.0( Totals $1,226,307.38 $4,903.74 1 $71,005.92 1 $43,851.11 Vendor WU (United Wapp. water Fund) SU (United Sewer fund) T92 (Planning & Zoning Escrows Rec of taxes Chelsea Fire Dist. Signal Graphics Sedore & Co. Morris Assoc $2,377.44 $3,397.96 $3,217.70 Morris Assoc $335.80 Morris Assoc $57.50 Morris Assoc $71.40 Morris Assoc $111.00 Iseman, Cunningham Iseman, Cunningham Iseman, Cunningham Morris Assoc Pitney Bowes West Payment Cen Town of Wappinger Page 11 Printed 3/18/2013 Town Board Meeting Minutes March 11, 2013 Carquest Carquest Williams Lumber Cargill Inc Hillman Signs Hud River Truck Hud River Truck C&C Hydraulics Ultimate Pest Cont Amer Printing Home Depot Mid Hudson Fasteners Bottini Bottini Bottini First Unim Life Ins Coffee Systems Brady's Power Equip Petty Cash Mark Price Craig Bova DC Truck Parts Zee Medical Atlas Star Wells Fargo Wells Fargo Vantage Equip Wapp Auto Tech Hud River Valley Tours NY Legal Publishing co New Hackensack Fire Frederick P Clark Cargill Inc Cargill Inc Cargill Inc Cargill Inc Gellert & Klein Orrick Herrington Totals $2,377.44 1 $3,397.96 1 $3,793.40 Vendor T96 (Road Inspection escrows Pay Board Hold Rec of taxes 13,838.75 Chelsea Fire Dist. 105,483.00 Signal Graphics 115.50 Sedore & Co. 2,540.00 Morris Assoc $138.00 17,757.70 Morris Assoc 335.80 Morris Assoc 57.50 Morris Assoc 71.40 Morris Assoc 111.00 Iseman, 660.00 Cunningham Iseman, 330.00 Cunningham Iseman, 511.50 Cunningham Morris Assoc 29,351.18 Town of Wappinger Page 12 Printed 3/18/2013 Town Board Meeting Minutes March 11, 2013 Pitney Bowes West Payment Cen Carquest Carquest Williams Lumber Cargill Inc Hillman Signs Hud River Truck Hud River Truck C&C Hydraulics Ultimate Pest Cont Amer Printing Home Depot Mid Hudson Fasteners Bottini Bottini Bottini First Unim Life Ins Coffee Systems Brady's Power Equip Petty Cash Mark Price Craig Bova DC Truck Parts Zee Medical Atlas Star Wells Fargo Wells Fargo Vantage Equip Wapp Auto Tech Hud River Valley Tours NY Legal Publishing co New Hackensack Fire Frederick P Clark Cargill Inc Cargill Inc Cargill Inc Cargill Inc Gellert & Klein Orrick Herrington Totals $138.00 636.00 455.85 168.97 349.65 $15,449.22 $1 2 23 180.00 316.12 608.12 97.44 14,866.57 58.50 55.00 102.10 559.24 50.00 394.45 37.37 103.50 8,015.41 553.16 15,286.96 7.20 89.95 65.00 10.00 307.05 93.06 370.00 9.63 21.00 825.00 2,064.00 1,814.74 4,140.23 15,171.30 13,485.62 643.50 14,500.00 6.407.10 1, 087, 860.00 $1,193,918.70 5 $1,355,775.02 $1,355,775.02 I, Christine Fulton, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting March 11, 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 foreizoina was nut to a vote which resulted as follows: ✓ Vote Record "'- Resolution RES -2013-106 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Mover 0 ❑ ❑ 1i0 Tabled ❑ Withdrawn Ismay Czarniecki Voter 8 ❑ ❑ ❑ Michael Kuzmicz Voter 8 ❑ ❑ ! ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 13 Printed 3/18/2013 Town Board Meeting Minutes March 11, 2013 RESOLUTION: 2013-107 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-J Vendor A (General Town wide) B (General PartTown) DB (Highway Fund AM (Ambulance Fund Williamson Law Book 41.38 NYCOMCO 1,560.00 CryoWeld $85.27 Vantage LLC $17.01 Chris Heady $400.00 Inter City $117.92 B&B Auto $1,389.03 NYCOMCO $126.00 Allstate Camo Camo Central Hudson $3,270.56 Poughkeepsie Journal Home Depot 4.49 Signal Graphics 56.77 Carquest $693.72 Ruge's Parts $330.56 Center Arkel Motors $504.90 B&B Auto $506.55 NYSBOC $25.00 Cargill Inc $14,668.69 The Work Place $425.00 $650.00 425.00 Grainger $91.92 Fishkill Plains $21.00 Garage Wells Fargo 435.00 Vantage LLC $157.06 Oriental Trading 125.17 Aflac Transcare $32,916.66 Stormwater Stormwater $125.00 Stormwater Stormwater Stormwater Auto Zone $67.87 Delta Dental $338.20 -$52.58 1,341.44 Package Pavement $468.00 Robert's Consulting 1,997.50 JK Power Equip $14.95 American Printing 308.90 Frederick P. Clark $951.00 Town of Wappinger Page 14 Printed 3/18/2013 Town Board Meeting Minutes March 11, 2013 Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Totals 1$4.735.65 1 $5,378.68 1 $21,573.95 1 $32.916.66 Vendor Williamson Law Book NYCOMCO CryoWeld Vantage LLC Chris Heady Inter City B&B Auto NYCOMCO Allstate Camo Camo Central Hudson Poughkeepsie Journal Home Depot Signal Graphics Carquest Ruge's Parts Center Arkel Motors B&B Auto NYSBOC Cargill Inc The Work Place Grainger Fishkill Plains Garage Wells Fargo Vantage LLC Oriental Trading Aflac Transcare Stormwater Stormwater Stormwater Stormwater Stormwater Auto Zone Delta Dental Package Pavement Robert's Consulting JK Power Equip American Printing Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Totals Vendor LC (Cameli LD (Chelsea LH WF Lighting) Lighting) (Hughsonville (Fleetwood Lighting) Water) $2,250.00 $88.61 $987.63 $2,839.51 $88.61 $987.63 $2,839.51 $2,250.00 WH (Watch WT (Tall WU (United SF (Fleetwood Hill Water) Trees Water) Wapp. water Sewer) Town ofWappinger Page 15 Printed 3/18/2013 Town Board Meeting Williamson Law Book NYCOMCO CryoWeld Vantage LLC Chris Heady Inter City B&B Auto NYCOMCO Allstate Camo Camo Central Hudson Poughkeepsie Journal Home Depot Signal Graphics Carquest Ruge's Parts Center Arkel Motors B&B Auto NYSBOC Cargill Inc The Work Place Grainger Fishkill Plains Garage Wells Fargo Vantage LLC Oriental Trading Aflac Transcare Stormwater Stormwater Stormwater Stormwater Stormwater Auto Zone Delta Dental Package Pavement Robert's Consulting JK Power Equip American Printing Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Totals Vendor Williamson Law Book NYCOMCO CryoWeld Vantage LLC Chris Heady Inter City B&B Auto NYCOMCO Allstate Camo Camo Central Hudson Poughkeepsie Journal Home Depot Minutes Fund) $1,541.67 $2,908.33 $68,329.17 $8,168.33 $87.32 $1,541.67 $2,908.33 $68,416.49 $8,168.33 SM (Mid Point SW SU (United T92 (Planning Park Sewer) (Wildwood Sewer fund) & Zoning Sewer) Escrows) $9,708.33 $13,166.67 $56,833.33 March 11, 2013 Town of Wappinger Page 16 Printed 3/18/2013 N� Town Board Meeting Minutes March 11, 2013 Signal Graphics Carquest Ruge's Parts Center Arkel Motors B&B Auto NYSBOC Cargill Inc The Work Place Grainger Fishkill Plains Garage Wells Fargo Vantage LLC Oriental Trading Aflac Transcare Stormwater Stormwater Stormwater $25.00 Stormwater $825.00 Stormwater $350.00 Auto Zone Delta Dental Package Pavement Robert's Consulting JK Power Equip American Printing Frederick P. Clark $10,994.80 Frederick P. Clark $300.00 Frederick P. Clark $2,801.75 Frederick P. Clark $237.00 Frederick P. Clark $636.00 Frederick P. Clark $1,368.00 Frederick P. Clark $765.00 Frederick P. Clark Frederick P. Clark Totals $9,708.33 $13,166.67 $56,833.33 $18,302.55 Vendor T96 (Road T14 Allstate T16 Aflac Pay Inspection Escrows) Williamson Law Book NYCOMCO CryoWeld Vantage LLC Chris Heady Inter City B&B Auto NYCOMCO Allstate $724.04 Camo Camo Central Hudson 7,186.31 Poughkeepsie Journal Home Depot Signal Graphics Carquest Ruge's Parts Center Arkel Motors B&B Auto NYSBOC Cargill Inc The Work Place Grainger Fishkill Plains Garage Wells Fargo 435.00 Vantage LLC Oriental Trading Aflac $241.50 241.50 Town of Wappinger Page 17 Printed 3/18/2013 Town Board Meeting Transcare Stormwater $650.00 Stormwater Stormwater Stormwater Stormwater Auto Zone Delta Dental Package Pavement Robert's Consulting JK Power Equip American Printing Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Totals $650.00 Vendor Williamson Law Book NYCOMCO CryoWeld Vantage LLC Chris Heady Inter City B&B Auto NYCOMCO Allstate Camo Camo Central Hudson Poughkeepsie Journal Home Depot Signal Graphics Carquest Ruge's Parts Center Arkel Motors B&B Auto NYSBOC Cargill Inc The Work Place Grainger Fishkill Plains Garage Wells Fargo Vantage LLC Oriental Trading Aflac Transcare Stormwater Board Minutes $724.04 $241.50 Hold 41.38 1,560.00 85.27 17.01 400.00 117.92 1,389.03 126.00 724.04 75,029.17 87, 876.66 87.32 4.49 56.77 693.72 330.56 504.90 506.55 25.00 14,668.69 1,500.00 91.92 21.00 157.06 125.17 650.00 $251,431.93 32, 916.66 1,627.06 $42,406.53 5 March 11, 2013 Town of Wappinger Page 18 Printed 3/18/2013 N—J 1� f Town Board Meeting Minutes March 11, 2013 Stormwater Stormwater Stormwater Stormwater Auto Zone Delta Dental Package Pavement Robert's Consulting JK Power Equip American Printing Frederick P. Clark 125.00 25.00 825.00 350.00 67.87 468.00 1,997.50 14.95 308.90 11,945.80 Frederick P. Clark 300.00 Frederick P. Clark 2,801.75 Frederick P. Clark 237.00 Frederick P. Clark Yes/Aye 636.00 Frederick P. Clark Absent 1,368.00 Frederick P. Clark Voter 765.00 Frederick P. Clark ❑ - Frederick P. Clark William Beale - Totals $202,917.65 $6,107.75 36 8 $251,431.93 I, Christine Fulton, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting March 11, 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 -2013-107 Yes/Aye No/Nay Abstain Absent 11 Adopted Barbara Gutzler Voter Ef ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder a ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Mover a ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter - a - . ❑ ❑ ❑ Michael Kuzmicz Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2013 The Resolution is hereby duly declared adopted. XIII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz The meeting adjourned at 9:30 PM. Christine Fulton Town Clerk Town of Wappinger Page 19 Printed 3/18/2013