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2013-04-22 RGMI. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Minutes Approval Monday, April 01, 2013 Monday, April 08, 2013 V. Correspondence Log 2013-123. Resolution Authorizing the Acceptance of the Correspondence Log VI. Discussions A. Sen. Terry Gipson B. Stormwater Management Annual Report - Walter Artus VII. 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 VIII. Public Portion IX. Resolutions 2013-124. Resolution of the Town Board Regarding State Environmental Quality Review (SEQR) Determination of Non -Significance for the United Wappinger Water District Filtration System Improvements and Meadowwood/Route 9 Water Main Loops 2013-125. Public Interest Order in the Matter of the Increase and Improvement of Facilities of the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York 2013-126. Resolution Authorizing the Issuance of $4,040,000 Serial Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Increase and Improvement of the Facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York 2013-127. Resolution Authorizing Employment of Armed Court Officers 2013-128. Resolution Authorizing Change in Scope of Work to be Performed by Greg W. Bolner, the Engineer for the Town for Little League Challenger Field Project Funded by Community Development Block Grant 2013-129. Resolution Re -Appointing Christian Harkins as Joint Assessor X. Items for Special Consideration XI. New Business XII. Executive Session XIII. Town Board Review of Vouchers 2013-130. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2013-131. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIV. Adjournment Town of Wappinger Page I Printed 4/17/2013 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes — Christine Fulton 845-297-5771 Monday, April 22, 2013 7:30 PM Town Hall 1. 2. 1T'j Call to Order Supervisor Barbara Gutzler called the meeting to order at 7:30 PM. Barbara Gutzler William Beale Vincent Bettina Ismay Czarniecki Michael Kuzmicz Robert Gray Graham Foster Jim Horan Town of Wappinger , Supervisor Present Town of Wappinger Councilman Present Town of Wappinger Councilman Present _ Town of Wappinger _ Councilwoman Present Town of Wappmger 1 Councilman Present Town of WappingerTown Engineer Present Town of Wappinger ........ Highway Superintendent Present Town of Wappinger I 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, Czan Minutes Approval Monday, April 01, 2013 cki, Kuzmicz ✓ Vote Record Aece" tiince Af inute3 f W A0114;'200 it .U, m _ =. Yes/Aye No ay - Absent Yes/Aye No/Nay Abstain Absent D Accepted ❑ _. Barbara Gutzler _. Voter .. 8 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter .. William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Vincent Bettina Voter ❑ . ..._... ❑ ... ❑ _.. ❑ ❑ Ismay Czarntecki .. Mover a ❑ _. ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Monday, April 08, 2013 Vote Record = Acee Cance of Minutes fa'r' A 't•il $ 013 7t301'M .; ;+ Yes/Aye No ay Abstain Absent 8 Accepted Barbara Gutzler Voter � _. a ❑ ❑ ❑ ❑ Accepted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter .. a ... ❑ ❑ ❑ Ismay Czarniecki Mover a ❑ O ❑ Michael Kuzmicz Voter ® ❑ _.. ❑ ❑ Correspondence Log RESOLUTION; 2013-123 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 IVappinger Page I Printed 412912013 Town Board Meeting Minutes April 22, 2013 The foregoing was put to a vote which resulted as follows: ;Vote xtO d - Resoltitiou RES40I3423 8 Adopted . Yes/Aye No/Nay Abstain ... Absent .. 11 Adopted as Amended Barbara Gutzler r Voter 8 ❑ p ❑ ❑ Defeated William Beale Mover 8 ❑ ❑ __ ❑ 11 Tabled Vincent Bettina Voter ❑ p ❑ ❑ Withdrawn Ismayczamiecki Seconder 0 ❑ __. ❑ ❑ Michael Kuzmicz Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2013 The Resolution is hereby duly declared adopted. A. Discussions A. Stormwater Management Annual Report - Walter Artus Supervisor Gutzler introduced Walter Artus, Stormwater Engineer. He informed the board that the 2012 annual report was complete and requested the board to accept the annual Stormwater Management report. He explained that the grades given are unsatisfactory, satisfactory or marginal. The Town was given a satisfactory grade, which is the highest grade. Councilman Beale questioned if there were area's that needed to be kept on eye on. Mr. Artus explained that the Planning Board will be looking at more green infrastructure and projects. He suggested to look at the Urbanized area. The focus should be on keeping on the top of the catch basins. There aren't any more requirement. Councilman Bettina asked what was the set back standards. Mr. Artus stated that the standard is 100 feet. Councilwoman Czarniecki informed Mr. Artus of the class on flood management given at the Carry Institute on May 4th. Mr. Artus stated that anytime someone can attend a class it can be claimed as credit for in their program. Councilman Bettina made a motion to accept the report seconded by Councilman Beale. All were in favor. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, ;Bettina, Czarniecki, Kuzmicz B. Sen. Terry Gipson Supervisor Gutzler introduced Senator Terry Gipson. The Senator explained that he was visiting the municipalities in his district to make sure they know how to contact his office and where it is located. He explained that he is currently working a bill called "The Good Neighbor Bill" that would hold the banks who are foreclosing on homes responcible for maintaining the property. He added that another bill requires the bank to provide a contact number to request the maintenance of the property. He is going to provide the board with copies of the Bills and suggested that if the board is in support of them to write a letter to the state senate. He added that the AIM funding has remained flat and he is going to try to increase it, but the CHOP'S funding has been increased by 25%. He invited all continuant's and the board to contact him at anytime. Councilman Kuzmicz, Councilwoman Czarniecki, and Councilman Bettina were in favor of the two bills and look forward to them. Councilman Beale stated that the Hughsonville Fire Department will be on the Senate floor tomorrow and thanked the Senator for inviting them. He then requested that route 9 and Route 9D be better maintained by the DOT before they get over grown. The Senator made a note of the request. The Supervisor stated that the big issue at the Supervisor and Mayor's meetings is the mandate and now that she has his email she will email him the list of other issues. She added that she would appreciate it if someone can contact her in regard to the light on Middlebush Rd and Route 9 it is not long enough and she is getting complaints. Town of Wappinger Page 2 Printed 4/29/2013 Town Board Meeting Minutes April 22, 2013 VII. 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 Motion To: re -open the public hearing for the UWWD RESULT-: ADOPTED [UNANIMOUS] MOVER, Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz A. Public Portion There were no comments RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VIII. Public Portion Motion To: open the floor to the public RESULT. ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Public Comment The first resident to speak was Mary Schmalz. She reiterated her idea of having fireworks at the July concert rather then at Community Day in September. She distributed to the board the Town of East Fishkill's recreation programs, pointing out that they have their fireworks at their July concert. She added that the program she distributed does not cost the residents anything it is paid for through advertising. She then questioned why the board meetings are not on the TV. She stated that a lot of the Seniors don't have computers and would like to watch the meetings. Supervisor Gutzler stated that she would take that into consideration. Motion To: close the public portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz IX. Resolutions .. RESOLUTION: 2013-124 Resolution of the Town Board Regarding State Environmental Quality Review (SEQR) Determination of Non -Significance for the United Wappinger Water District Filtration System Improvements and Meadowwood/Route 9 Water Main Loops WHEREAS, on August 13, 2012 by Resolution 2012-219, the Town Board accepted the Map, Plan and Report entitled "United Wappinger Water District (UWWD) Filtration System Improvements and Meadowwood/Route 9 Water Main Loops, Town of Wappinger, Dutchess County, New York" dated August 2012 prepared by Morris Associates PLLC for necessary Town of Wappinger Page 3 Printed 4/29/2013 Town Board Meeting Minutes April 22, 2013 improvements to the UWWD, specifically including: An interconnection with the Meadowood Wells to the UWWD, to construct a water main loop that will connect to the recently constructed water main service in the Adams Fairacre Farms Project located on Old Post Road; and To construct the required filtration systems to the Hilltop Wells and Atlas Wells serving the United Wappinger Water District; and WHEREAS, the proposed action, consisting of filtration system improvements and water main loops, is subject to compliance with the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder at 6 NYCRR, Part 617 (SEQR); and WHEREAS, the Proposed Action is a Type I action under the Wappinger Environmental Quality Review (WEQR) law and in accordance with SEQR; and the Town Board by Resolution 2012-290 declared its intent to serve as Lead Agency in the review of the proposed action on October 22, 2012; and WHEREAS, the Town Board circulated Part 1 of the Full Environmental Assessment Form (Full EAF) to the involved agencies together with notification of its intent to serve as Lead Agency in the review of the proposed action on November 6, 2012; WHEREAS, no agencies have responded to contest the notice about the Town Board serving as Lead Agency; nor have any agencies sent comments in response to the notice; WHEREAS, the Town Board has reviewed Part 1 of a Full EAF; and caused to be prepared and reviewed Parts 2 and 3 of a Full EAF; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the Action is subject to SEQR and establishes itself as Lead Agency for coordinated review of the action pursuant to 6 NYCRR 617.6. 3. The Town Board hereby determines that the Action does not involve a Federal agency. 4. The Town Board hereby finds and determines that: a) it has considered the Action, reviewed all parts of the Full EAF, reviewed the criteria set forth in 6 NYCRR section 617.7(c), thoroughly analyzed the relevant areas of potential environmental concern, and has duly considered all of the potential project environmental impacts and their magnitude in connection with the proposed action; b) United Wappinger Water District Filtration System Improvements and Meadowwood/Route 9 Water Main Loops will not result in any large and important environmental impacts, and, therefore, is one which will not have a significant impact on the environment; and C) the reasons supporting this determination are set forth on the attached Notice of Determination of Non -Significance with respect to this project (a copy of which said form is on file in the Office of the Town Clerk of the Town of Wappinger). 5. The Town Board, as Lead Agency with reference to the above-described project, hereby: a) adopts a negative declaration pursuant to 6 NYCRR section 617.7 with respect to the project, b) authorizes the Supervisor of the Town of Wappinger to sign a negative declaration determination of non -significance with respect to the project, C) directs the Town Clerk to circulate a copy to involved agencies; and to publish a notice in the Environmental notices bulletin (ENB); and d) directs the Town Clerk to file a copy of said negative declaration determination of non -significance in the records of the Town. 6. This Resolution shall take effect immediately. Town of Wappinger Page 4 Printed 4/29/2013 Town Board Meeting Minutes April 22, 2013 The foregoing was put to a vote which resulted as follows: ✓Vote Record `= Rbsolution RE5-2CN13=1d Yes/Aye No/Nay Abstain Absent 8 Adopted Gutzler Voter 0 ❑ ElBarbara ❑ ❑ Adopted as Amended William Beale Seconder 8 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Mover 8 ❑ ❑ ❑ Michael Kuzmicz Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-125 Public Interest Order in the Matter of the Increase and Improvement of Facilities of the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York being (1) the purchase and installation of cartridge filter facilities, including building and building additions and reconstruction at the Atlas and Hilltop Well Fields located at Helen Drive and at Deer Run Road in said District and (2) purchase and installation of approximately 7,250 linear feet of 8" water main from the Meadowwood Wells to All Angels Hill Road (Route 94) and at Route 9 at MacFarland Road in said District, including, in each case, original equipment, machinery, apparatus, furnishings, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $4,040,000; and WHEREAS, said capital project has been determined to be a Type I Action pursuant to the regulations promulgated pursuant to the State Environmental Quality Review Act ("SEQRA") as to which it has been determined that this capital project will not result in a significant environmental effect and as to which SEQRA compliance materials are on file in the office of the Town Clerk, where they may be inspected during regular office hours; and WHEREAS, at a meeting of said Town Board duly called and held on February 11, 2013, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of the United Wappinger Water District in said Town at a maximum estimated cost of $4,040,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Wappingers Falls, New York, in said Town, on March 11, 2013, at 7:30 P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, and said public hearing was adjourned to April 8, 2013 and April 22, 2013, at which hearings all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, being (1) the purchase and installation of cartridge filter facilities, including building and building additions and reconstruction at the Atlas and Hilltop Well Fields located at Helen Drive and at Deer Run Road in said District and (2) purchase and installation of approximately 7,250 linear feet of 8" water main from the Meadowwood Wells to All Angels Hill Road (Route 94) and at Route 9 at MacFarland Road in said District, including, in each case, original equipment, machinery, apparatus, furnishings, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $4,040,000. Section 2. This Order shall take effect immediately. Town of Wappinger Page 5 Printed 4/29/2013 Town Board Meeting Minutes April 22, 2013 The foregoing was put to a vote which resulted as follows: "Vote"13ecorti ;.Resolution RES -2013=125 , " . ,',r .......'; . 0 Adopted __. _ Yes/Aye No/Nay Abstain Absent 11 Adopted as Amended Barbara Gutzler Voter 8 ❑ 11 El ❑ Defeated William Beale Voter El ❑ ❑ p ❑ Tabled Vincent Bettina Voter _. 0 ❑ ❑ p ❑ Withdrawn Ismay Czamiecl.i Mover 8 ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ p ❑ Dated: Wappingers Falls, New York April 22, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-126 Resolution Authorizing the Issuance of $4,040,000 Serial Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Increase and Improvement of the Facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York WHEREAS, the capital project hereinafter described has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined will not result in a significant environmental effect; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order of even date herewith, the Town Board has determined it to be in the public interest to improve the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, at a maximum estimated cost of $4,040,000; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, (the "Water District"), being (1) the purchase and installation of cartridge filter facilities, including building and building additions and reconstruction at the Atlas and Hilltop Well Fields located at Helen Drive and at Deer Run Road in said District and (2) purchase and installation of approximately 7,250 linear feet of 8" water main from the Meadowwood Wells to All Angels Hill Road (Route 94) and at Route 9 at MacFarland Road in said District, including, in each case, original equipment, machinery, apparatus, furnishings, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $4,040,000, which specific object or purpose is hereby authorized at said maximum estimated cost, there are hereby authorized to be issued not to exceed $4,040,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing thereof is by the issuance of the $4,040,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised in said United Wappinger Water District, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the Town of Wappinger Page 6 Printed 4/29/2013 Town Board Meeting Minutes April 22, 2013 sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town, including, but not limited to; the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby further authorized, at her sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if - 1) f 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows: Vote Iieeord - Itesoltition ICES -I013 -t26' >. D Adopted s/Aye No/Nay Abstain Absent 11 Adopted as Amended Barbara Gutzler Voter ® [7 O ❑ ❑ Defeated Welham Beale Voter a ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter E� ❑ ❑ ❑ ❑ Withdrawn tsmay gzarniecki J. Mover 8 ❑ ❑ ❑ Michael Kuzmicz Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 412912013 Town Board Meeting Minutes April 22, 2013 RESOLUTION: 2013-127 Resolution Authorizing Employment of Armed Court Officers WHEREAS, by memo dated April 11, 2013, Town Justices Carl S. Wolfson and Heather L. Kitchen have advised the Town Board that there is a need for Part -Time Armed Court Officers to provide security for the Town; of Wappinger Justice Court; and WHEREAS, the Town Justices have recommended the hiring of three (3) additional NYS Office of Court Administration Court Officers to provide court security and screening; and WHEREAS, the persons recommended by the Town Justices maintain peace officer status pursuant to Criminal Procedure Law § 2.10(21)(a) and are qualified to serve in the positions in accordance with the civil service rules of the Dutchess County Department of Human Resources, and WHEREAS, the Town Justices have recommended that the pay for all 5 part-time Court Officers be set at $25.00 per hour; and WHEREAS, the Town Board has appropriated sufficient funding -in the 2013 Budget for these Armed Court Officer positions; and 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 appoints Jermaine Dublin, Rowell Williams and Paul Hyndman to the position of Armed Court Officer (hourly) effective immediately. 3. The Town Board hereby raises the hourly wage for the position of Armed Court Officer from $22.52 to $25.00 for the five (5) Armed Court Officers employed by the Town of Wappinger. 4. Said appointments are subject to the Civil Service Law of the State of New York and shall be subject to the Civil Service Law Rules and Regulations of Dutchess County and the State of New York. The foregoing was put to a vote which resulted as follows: +� .' b"te ' litdrd = i siilii idn ES_10047 Adopted Yes/Aye No/Nay I Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ 11❑ 11 Defeated W1I4am Beale Voter ; El ❑ ❑ ❑ ❑ Tabled Vmcent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn IsmayCzamiecki Seconder a ❑ ❑ ❑ Michael Kuzmicz Mover a ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-128 Resolution Authorizing Change in Scope of Work to be Performed by Greg W. Bolner, the Engineer for the Town for Little League Challenger Field Project Funded by Community Development Block Grant WHEREAS, by resolution dated January 7, 2013, the Town Board authorized the retention of Greg W. Bolner, P.E. of Clark Patterson Lee Design Professionals, to provide professional engineering services for the purpose of the completion of the Robinson Lane Challenger Field, in accordance with the RFP he submitted dated May 23, 2012; and WHEREAS, Greg W. Bolner, P.E. has requested a change in the scope of the work his firm is to perform on this project as per letter dated March 29, 2013, due to the change from a modular building to house restroom facilities to a trailer -mounted restroom facility; and WHEREAS, pursuant to the March 29, 2013 letter, the proposed change is expected to result in a savings to the Town of two thousand dollars ($2,000.00). NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves the change in scope of the work to be performed by Greg W. Bolner, P.E. of Clark Patterson Lee Design Professionals for the Little League Challenger Field project between the Town of Wappinger Town of Wappinger Page 8 Printed 4129/2013 il 1� Town Board Meeting Minutes April 22, 2013 LX. and Sun Up Enterprises, Inc. for the reasons and associated costs and credits set forth in a letter dated March 29, 2013 from Greg W. Bolner, P.E. of Clark Lee Patterson Design Professionals, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: ,'Vote Rocard °= Resoiutioti kES-2U13=1�8 '- 0 Adopted 0 Adopted J Yes/Aye Yes/Aye ]No ay Abstain Absent ❑ Adopted Amended Barbara Gutzler Voter 0 . ❑ ❑ ❑ Defeated as William Beale Voter a ❑ 1i ❑ ❑ Defeated ❑ Tabled Vincent BettinaMover 8 a ❑ ❑ ❑ ❑ Withdrawn Isma Czamiecki Y ............. Voter 0 ❑ ❑ ❑ Michael Kuzmicz Michael Kuzmicz Seconder m ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-129 Resolution Re -Appointing Christian Harkins as Joint Assessor WHEREAS, by Resolution No. 2007-164 adopted on August 27, 2007, the Town Board appointed Christian Harkins as Joint Assessor for the Town of Wappinger pursuant to the Coordinated Assessment Program at a salary of $75,000.00, pursuant to the Agreement between the Town of Wappinger and the Town of Fishkill; and WHEREAS, the Assessor's appointment is scheduled for reappointment effective October 1, 2013. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Christian Harkins is hereby reappointed to the position of Joint Assessor pursuant to Local Law No. 8 of 2006 of the Town of Wappinger, and pursuant to the Coordinated Assessment Agreement between the Towns of Wappinger and Fishkill, dated December 28, 2006. 3. The salary of Christian Harkins is hereby set at $95,000.00, as it may be adjusted from time to time hereafter, together with three weeks vacation, pursuant to the Coordinated Assessment Agreement between the Town of Wappinger and the Town of Fishkill. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES-2p13�t4=, x 0 Adopted J Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 8 ❑ ❑ ❑ ❑ Defeated William Beale Voter D ❑ ❑ ❑ ❑ Tabled Vincent Bettina Mover 8 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder0 .......... ❑ ❑ ❑ Michael Kuzmicz Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2013 The Resolution is hereby duly declared adopted. Items for Special Consideration A. Councilwoman Czarniecki Councilwoman Czarniecki stated that she had the opportunity to walk two cemeteries with Joey Caviccini, Junior Town Historian and learn historical facts from him. She added that the cemetery at Middlebush Rd and Old Route 9 would be a chance for someone to give back to the community. It is in need of care. Councilman Beale added that he agreed and that the cemetery would be a great Eagle Scout project. Supervisor Gutzler stated that she is bothered by the fact that it is a final resting place and it is in disarray. She would like it to be attended to and become Town of Wappinger Page 9 Printed 4/29/2013 Town Board Meeting Minutes April 22, 2013 a sacred place again. She added that the Van dine cemetery on Robinson Lane is the subject of and Eagle Scout project and looks great. Councilman Beale wondered if a church would adopt the cemetery and take care of it. The board agreed that the idea was good. Discussion continued B. Councilman Bettina Councilman Bettina stated that he had the opportunity to meet with Pop Warner and parents from the soccer league. They discussed the park usage. Pop Warner would like to use Castle Point park for football. He would like to look into a challenger field for football and maybe get money that way. C. Councilman Beale Councilman Beale summarized the happenings in ward one. He stated that the Hughsonville Fire department will be hosting a parade and event. The parade will close Route 9 D from Elm St. South to Old Hopewell Rd. They will be putting up a banner advertising the parade and event across 9D. He wanted to make sure the board did not have an issue with it. He added that the water main project is on going as well and the road across from DCH Toyota is being worked on also. XI. 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 1�1 Motion To: come out of executive session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale; Councilman' AYES: Gutzler, Beale, Bettina,. Czatnieck , Kuzmicz The board authorized two employees to donate 5 sick days each to another employee who has used all their sick days. The donating employees will lose those sick days and not be able to get them back. This sets no further precedent. Councilman Beale made the motion seconded by Councilman Bettina. All were in favor. Motion To: allow two employees to donate 5 sick days each to another employee who has use all her sick days RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYE86 Gutzler, Beale,, Bettina, Czarniecki, Kuzmicz XII. Town Board Review of Vouchers RESOLUTION: 2013-130 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 Town of Wappinger Page 10 Printed 4/29/2013 Town Board Meeting Minutes April 22, 2013 claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2013-P Vendor A (General Town wide) B (General PartTown) DB (Highway Fund WF (Fleetwood Water *2012" Vill of Fishkill 7,264.45 W M Schultz Const Assoc of Towns 135.00 Camo 389.54 Camo 638.60 Camo 520.00 Central Hudson 84.02 Central Hudson 3,224.27 Mid Hud Fasteners $998.00 NYCOMCO $1,496.00 64.00 NYCOMCO 126.00 Royal Carting 10,329.63 Home Depot 22.71 Corbin Excavating $594.00 Al Roberts (Tax 4,882.76 Cert) Healthquest 84.00 $132.00 84.00 H O Penn $1,068.08 NYS 2,964.76 Unemployment Capital Markets 1,029.33 $4,279.86 Advis 108.35 Carquest $491.46 NYS GFOA Seminar 75.00 Momma's Towing $95.00 Justice Court Fund 19,227.50 Town Clerk Petty 22.48 Cash Staples 7.87 Staples 59.03 Staples 178.62 Wells Fargo 369.53 373.56 Karol Kelly 64.08 R. Costa Electric 265.20 Big Top Portable 351.00 Toilet Stormwater Stormwater Stormwater Stormwater 375.00 Stormwater 25.00 Stormwater Hud Riv Valley Tours 6,161.00 Hud Riv Valley Tours 1,125.00 Murphy's Sand & 352.50 Grav Milliman Inc. 2,800.00 Great America 580.50 Financ Delta Dental 1,341.44 338.20 Wappinger Indians 500.00 Package Pavement $200.50 Totals 1$54,426.10 1$4,853.38 1 $9,354.90 1$7,264.45 Town of Wappinger Page I1 Printed 4/29/2013 Town Board Meeting Minutes April 22, 2013 Vendor LC (Cameli LD (Chelsea LH T96 (woad Lighting) Lighting) (Hughsonville Inspection W M Schultz Const Lighting) Escrows) *2012* Vill of Fishkill Assoc of Towns W M Schultz Const Camo Assoc of Towns Camo Camo Central Hudson Camo Central Hudson 7,096.51 Camo Central Hudson Central Hudson $88.00 $977.24 $2,807.00 Mid Hud Fasteners NYCOMCO NYCOMCO Royal Carting Home Depot Corbin Excavating Al Roberts (Tax Cert) Healthquest H O Penn NYS Unemployment Capital Markets Advis Carquest NYS GFOA Seminar Momma's Towing Justice Court Fund Town Clerk Petty Cash Staples Staples Staples Wells Fargo Karol Kelly R. Costa Electric Big Top Portable Toilet Stormwater $600.00 Stormwater Stormwater Stormwater Stormwater Stormwater Hud Riv Valley Tours Hud Riv Valley Tours Murphy's Sand & Grav Milliman Inc. Great America Financ Delta Dental Wappinger Indians Package Pavement Totals $88.00 $977.24 $2,807.00 $600.00 $301,309.57 Vendor HWN (Wappinger Water Main Project) T92 (Planning & Zoning Escrows Paid *2012* Vill of 7,264.45 Fishkill W M Schultz Const 219,763.50 Assoc of Towns Camo Camo Camo Central Hudson Central Hudson 7,096.51 Town of Wappinger Page 12 Printed 4/29/2013 NJ Ij Town Board Meeting Minutes April 22, 2013 Mid Hud Fasteners NYCOMCO NYCOMCO Royal Carting Home Depot Corbin Excavating Al Roberts (Tax Cert) Healthquest 300.00 H 0 Penn NYS 2,964.76 Unemployment Capital Markets Advis Carquest NYS GFOA Seminar Momma's Towing Justice Court Fund Town Clerk Petty Cash Staples Staples Staples Wells Fargo 743.09 Karol Kelly R. Costa Electric Big Top Portable Toilet Stormwater Stormwater $50.00 Stormwater $700.00 Stormwater Stormwater Stormwater $425.00 Hud Riv Valley Tours Hud Riv Valley Tours Murphy's Sand & Grav Milliman Inc. Great America 580.50 Financ Delta Dental 1,679.64 Wappinger Indians Package Pavement Totals $219,763.50 $1,175.00 $20,628.95 7 Vendor Board Hold *2012* Vill of Fishkill W M Schultz Const . 219,763.50 Assoc of Towns 135.00 Camo 389.54 Camo 638.60 Camo 520.00 Central Hudson 84.02 Central Hudson Mid Hud Fasteners 998.00 NYCOMCO 1,560.00 NYCOMCO 126.00 Royal Carting 10,329.63 Home Depot 22.71 Corbin Excavating 594.00 Al Roberts (Tax 4,882.76 Cert) Healthquest H 0 Penn 1,068.08 NYS Unemployment Capital Markets 5,417.54 Town of Wappinger Page 13 Printed 4/29/2013 Town Board Meeting Minutes April 22, 2013 Advis A B Carquest 491.46 NYS GFOA Seminar 75.00 (Highway Momma's Towing 95.00 Abstain Justice Court Fund 19,227.50 Barbara Gutzler Town Clerk Petty 22.48 ❑ Cash ❑ ❑ Adopted as Amended Staples 7.87 D Staples 59.03 Staples 178.62 Voter Wells Fargo ❑ ❑ Karol Kelly 64.08 IsmayCzamiecki R. Costa Electric 265.20 ❑ Big Top Portable 351.00 Toilet Voter 0 Stormwater 600.00 ❑ Stormwater 50.00 Stormwater 700.00 Stormwater 375.00 Stormwater 25.00 Stormwater 425.00 Hud Riv Valley Tours 6,161.00 Hud Riv Valley Tours 1,125.00 Murphy's Sand & 352.50 Grav Milliman Inc. 2,800.00 Great America Financ Delta Dental Wappinger Indians 500.00 Package Pavement 200.50 Totals $279,980.62 $700.00 37 1 $301,309.57 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 April 22, 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: ote )[tectrd = R��iluitian 1tES-ill �=1�0 A B DB HWN (General (General (Highway Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 8 ❑ [j ❑ ❑ Adopted as Amended William Beale Mover D ❑ [30 ❑ Defeated ❑ Vincent Bettina Voter D ❑ ❑ ❑ Tabled ❑ Withdrawn IsmayCzamiecki Seconder ® ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-131 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-Q Vendor A B DB HWN (General (General (Highway (Wappinger Town wide) PartTown) Fund) Water Main Project Iseman D. Wise 610.50 Town of Wappinger Page 14 Printed 4/29/2013 11 I" Town Board Meeting Minutes April 22, 2013 Iseman D. Wise 214.50 Cablevision 59.90 Williams lumber 19.86 Westlaw 180.00 Central Hudson 2,525.32 Camo 60.00 Central Hudson 27.46 Verizon 33.58 NYS Empire Ins 835.65 $7,216.82 3,079.36 NYS Assessor 175.00 Assoc Home Depot 19.90 DC Sheriffs Office 2,767.70 9,298.59 Mid Hud Fasteners $287.82 Pine Bush Equip $258.72 Al Roberts $4,173.50 Al Roberts $5,627.96 Al Roberts 858.00 Al Roberts 280.50 Al Roberts Al Roberts Al Roberts 33.00 Al Roberts Al Roberts 247.50 1,221.00 Al Roberts Al Roberts 973.50 Al Roberts 5,515.97 $49.50 $66.00 1,960.69 Ruge's Parts 42.50 Petty Cash -Mark 222.43 Price Thalle $1,335.26 Williams lumber 41.19 Williams lumber 137.15 Grainger $64.60 Fishkill Plains 18.00 Garage 361.92 Cablevision 159.80 Wells Fargo 327.56 Barbara Roberti 25.00 Susan Dao 25.00 Poland Spring 159.07 Wapp Auto Tech 21.00 Clark Patterson Lee Hud River Valley Tours 825.00 Hud River Valley 835.00 Tours DC Assessor Assoc 90.00 Sweeper Parts $294.30 Uline 195.38 Amazon 38.50 Totals $16,631.92 $17,279.56 $10,117.52 $9,867.46 Vendor WU (United SU (United T92 CBG Town of Wappinger Page 15 Printed 4/2912013 Town Board Meeting Minutes April 22, 2013 Wapp. water Sewer fund) (Planning & Challenger Fund) Zoning Field Escrows) Iseman D. Wise Iseman D. Wise Cablevision Williams lumber Westlaw Central Hudson Camo Central Hudson Verizon NYS Empire Ins NYS Assessor Assoc Home Depot DC Sheriffs Office Mid Hud Fasteners Pine Bush Equip Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Ruge's Parts Petty Cash -Mark Price Thalle Williams lumber Williams lumber Grainger Fishkill Plains Garage Cablevision Wells Fargo Barbara Roberti Susan Dao Poland Spring Wapp Auto Tech Clark Patterson Lee Hud River Valley Tours Hud River Valley Tours DC Assessor Assoc Sweeper Parts Uline Amazon Totals Vendor Iseman D. Wise Iseman D. Wise Cablevision Williams lumber Westlaw Central Hudson Camo $132.00 $132.00 G 59.90 2,525.32 $2,442.00 $462.00 $825.00 $1,617.00 $2,442.00 $2,904.00 Board I Hold 610.50 214.50 19.86 180.00 60.00 $33.00 $1,450.00 $1,483.00 $60,857.46 Ij 1� Central Hudson 27.46 Verizon 33.58 NYS Empire Ins 11,131.83 NYS Assessor Assoc 175.00 Town of Wappinger Page 16 Printed 4/29/2013 Town Board Meeting Home Depot DC Sheriffs Office Mid Hud Fasteners Pine Bush Equip Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Ruge's Parts Petty Cash -Mark Price Thalle Williams lumber Williams lumber Grainger Fishkill Plains Garage Cablevision Wells Fargo Barbara Roberti Susan Dao Poland Spring Wapp Auto Tech Clark Patterson Lee Hud River Valley Tours Hud River Valley Tours DC Assessor Assoc Sweeper Parts Uline Amazon Totals $1 159.80 327.56 Minut 19.90 12,066.29 287.82 258.72 4,173.50 5,627.96 858.00 2,722.50 132.00 33.00 825.00 1,468.50 1,617.00 973.50 7,625.16 42.50 222.43 1,335.26 41.19 137.15 64.60 379.92 25.00 25.00 159.07 21.00 1,450.00 825.00 835.00 90.00 294.30 195.38 38.50 $46,130.01 15 $60,857.46 as 462.00 $462.00 1 April 22, 2013 I, Christine Fulton, Town Clerk of the Town of Wappinger, hereby certify that the vouchers Town of Wappinger Page 17 Printed 412912013 Town Board Meeting Minutes April 22, 2013 listed above were audited by a majority of the Town Board at the public meeting April 22, 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: �±"`"vnte e�o�ti � I��snitttian 1��=2Q13�131. Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara butzler ...... Voter m ❑ ..... ❑ .... ❑ ❑ Adopted as Amended William Beale Mover 0 _. ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Voter 8 ❑ ;.. ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2013 The Resolution is hereby duly declared adopted. XIII. Adjournment The meeting adjourned at 8:53 PM Christine Fu ton Town Clerk 1� 11 1-1 Town of Wappinger Page 18 Printed 4/29/2013