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2013-06-24 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us ~ Agenda ~ Christine Fulton 845-297-5771 Monday, June 24, 2013 7:30 PM Town Hall I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Minutes Approval Tuesday, May 28, 2013 Monday, June 10, 2013 V. Correspondence Log 2013-160. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Portion VII. Discussions A. Chelsea Farms Subdivision Conservation Easement VIII. Public Hearings "Local Law No. _ of the Year 2013, Noise Control Law of the Town of Wappinger" IX. Resolutions 2013-161. Resolution Adopting "Local Law No._ of the Year 2013, Noise Control Law of the Town of Wappinger" 2013-162. Resolution Adopting "Local Law No. —of the Year 2013, Amending Chapter 201 of the Town of Wappinger Code Entitled "Smoking and Tobacco Use Prohibited" 2013-163. A Resolution Authorizing, Subject to Permissive Referendum, the Construction of Drainage Improvements at Wildwood Drive and Granger Place in and for the Town of Wappinger, Dutchess County, New York at a Maximum Estimated Cost of $500,000 and Authorizing the Issuance of $500,000 Bonds of Said Town to Pay the Cost Thereof. 2013-164. A Resolution Authorizing the Issuance of an Additional $195,000 Bonds of the Town of Wappinger, Dutchess County, New York, to Pay Part of the Cost of the Increase and Improvement of the Facilities of United Wappinger Sewer District in Said Town 2013-165. In the Matter of Increase and Improvement of Facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York (Additional Cost) 2013-166. Resolution Naming the Roads Located in Hilltop Village 2013-167. Resolution Ratifying a Memorandum of Agreement for a Successor Collective Bargaining Agreement Between the Town of Wappinger and CSEA Local 1000 on Behalf of the Town Highway Employees 2013-168. Resolution to Declare Intent to Participate in the Grant Application for a New Aeration System at the Tri -Municipal Wastewater Treatment Facility X. Items for Special Consideration XI. New Business XII. Executive Session XIII. Town Board Review of Vouchers 2013-169. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2013-170. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIV. Adjournment Town of Wappinger Page 1 Printed 612012013 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes — Christine Fulton 845-297-5771 Monday, June 24, 2013 7:30 PM Town Hall I. Call to Order IV. Supervisor 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 Al Roberts e Town of Wappinger t Attorney to the Town Present Bob Gray Town of Wappinger _- Town Engineer Present David Stolman Town of Wappinger Town Planner Present Graham Foster Town of Wappinger . Superintendent of Highways Present Salute to the Flag Adoption of Agenda Motion To: amend the agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: amend the agenda Motion made to add Resolutions declaring Type II Action Regarding Granger Place as well as a Resolution regarding SEAR for Wildwood Dr. RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Minutes Approval Tuesday, May 28, 2013 ✓ Vote Record - Acceptance of Minutes for May Z$ 2013 7:30 PM Yes/Aye Yes/Aye No/Nay Abstain Absent Barbara Gutzler Barbara Gutzler Voter 0 ❑ ❑ ❑ 8 Accepted William Beale Seconder 8 ❑ ❑ ❑ ❑ Accepted as Amended Voter a ❑ ❑ ❑ ❑ Tabled ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ Ismay Czarniecki Ismay Czarniecki. Mover 8 ❑ ❑ ❑ Michael Kuzmicz Michael Kuzmicz Voter 0 ❑ ❑ ❑ Monday, June 10, 2013 ✓ Vote Record - Acceptance of Minutes for June 10, 2013 7:30 PM Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter 8 ❑ ❑ ❑ D Accepted William Beale Seconder a 11 ❑ ❑ Accepted as Amended Vincent Bettina Voter a ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Mover 0 ❑ ❑ ❑ Michael Kuzmicz Voter ! B ❑ ❑ ❑ Town of Wappinger Page 1 Printed 711512013 Town Board Meeting V. Correspondence Log RESOLUTION: 2013-160 VI. Minutes Resolution Authorizing the Acceptance of the Correspondence Log June 24, 2013 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 -2013-160 a Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter a ❑ ❑ ❑ Defeated William Beale Mover Rl ❑ ❑ 13 ❑ Tabled Vincent Bettina Seconder a ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter Rl ❑ ❑ ❑ Michael Kuzmicz Voter a ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. Public Portion Motion To: Open the Floor for Public Comment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Public Comment The first resident to speak was Mary Schmalz. She questioned how the names were chosen for the new roads as well as why the project for the old "Fun Central" site was not keeping the miniature golf section. She suggested contacting the Dutchess County Department of Highways in regard to "Bypass" She feels that everything is being done in Northern Dutchess and the Town should reach out for help concerning "bypass" and Creek Rd. She then commended the Construction Company, Schultz, who is responsible for the water main construction. She stated that they are doing a very neat job. She then distributed to the board information regarding the cemeteries and Councilman Bettina's uncle. Supervisor stated that they might be able to include the memorials as well as the cemetery in the tours. She thanked Ms. Schmalz for her comments. The next resident to speak was Mr. Alpert. He stated his concerns that he had with the Chapel of Sacred Mirrors in regard to the purposed noise ordnance as well as parking. He questioned how it will be enforced; the penalties if any and if there were any exceptions. He stated that he was wondering why they were not being held to the same accountability as a home owner would be. Councilman Beale stated that all the professionals are at this meeting that would be able to answer all questions. He added that with respect to the culture, the art, and the expression that happen at that location they need to make sure it doesn't become a quality of life impact. Mr. Alpert added that he felt it's a quality of life issue. Attorney to the Town, Al Roberts suggested all the comments should be contained in the public hearing on the issue. The next resident to speak was Gary Lindstrom. He questioned the name of the new roads being named. Councilman Beale explained the process of naming a road. David Stolman, Town Planner, stated that in regard to the parking issue they were give a special use permit from the Planning Board and stated that they could accommodate all the parking. He suggested looking at that if they can't maybe they should go back before the Planning Board. Supervisor Gutzler stated that the first step would be what the Town Planner suggested and next step would be to discuss "No Parking" signs in the Tall Trees development. Town of Wappinger Page 2 Printed 711512013 Ill F� i Town Board Meeting Minutes June 24, 2013 Motion To: Close the Floor to Public Comment RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz VII. Public Hearings Motion To: Open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Public comment The discussion continued from the Public Portion of the agenda. The first resident to speak was Kerry Gallman. She stated that in order to put the noise from the Chapel of Sacred Mirrors in perspective she wanted to let the board know she could hear the noise at Steinhouse Lane. Councilman Bettina questioned how often was the noises heard. Thomas Gallman stated that you could go to the web site and look at the calendar for their schedule of events. The issue happens when an event goes past 10:00 pm. Mr. Alperts explained the events that happen and that the issue is not the event it's the noise and the hours that it can be heard. The next resident to speak was Carmine Mirtuono. He suggests alternative side of the street parking. He added that he agreed with his neighbors and the concerns they have, but questioned the ordinance and how it will be enforceable. Al Roberts, Attorney to the Town, stated that the new law will be enforceable with equipment. Councilman Beale stated that he did not understand how the legislation is going to be enforceable when the police will not have the equipment to measure. Mr. Roberts stated that there are two standards of measurement in the legislation, one is measurable by equipment and one is plainly audio. Mr. Alpert questioned that if he heard thumping when sitting on his deck would he be able to call and file a complaint. The Attorney stated he could file a complaint with the code enforcement dept. Mr. Alperts questioned how filling a complaint with the code enforcement agent will stop the noise when it is occurring. Mr. Roberts stated that they could file a complaint with the sheriff's dept and it would get resolved in a court if it couldn't be resolved peacefully. Supervisor Gutzler questioned how the supporting deposition would work in this situation. Special Council, Jim Horan, stated that the sheriff that shows up at the time of the call and the noise can still be heard he can sign off on the complaint as having heard the sound. Councilman Beale stated he needs a response that the residents can call law enforcement and the noise stops at the time. He doesn't understand how other towns can stop the noise right away and the Town of Wappinger cannot. He added he wants a solution at 2am for these residents. Councilwomen Czamiecki stated that the residents are more than patient. The last resident to speak was Gary Lindstrom. He stated that he was in agreement with the noise ordinance but didn't think it should be enacted until there was a means to measure. He questioned the time restrained or duration the decibel level must maintain in order to be in violation. Mr. Horan stated it's immediately. Councilman Beale question if there was a way to measure it without a device. Mr. Horan stated yes and then read to section of the code pertaining to it. (166-9) Councilman Beale questions the law pertaining to garbage trucks. Discussion continued. "Local Law No. _ of the Year 2013, Noise Control Law of the Town of Wappinger" RESULT: CLOSED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Town of Wappinger Page 3 Printed 711512013 Town Board Meeting Minutes Motion To: Add Negative Declaration the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Ismay Czamiecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz RESOLUTION: 2013-171 June 24, 2013 Resolution Adopting Negative Declaration with Respect to "Local Law No._ of the Year 2013, Noise Control Law of the Town of Wappinger" WHEREAS, the Town Board of the Town of Wappinger by Resolution 2013-150 introduced for consideration proposed Local Law No. of the Year 2013, Noise Control Law of the Town of Wappinger; and WHEREAS, Resolution 2013-150 designated the Town Board of the Town of Wappinger as lead agency for purposes of SEQRA review as it is the sole agency having approval authority over the action; and WHEREAS, Resolution 2013-150 designated the proposed action as Type I action for purposes of SEQRA review; and 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 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) The adoption of Local Law No. of the Year 2013, Noise Control Law of the Town of Wappinger 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 3. The reasons supporting this determination are set forth on the attached Notice of Determination of Non -Significance with respect to this project (a copy of which said form is on file in the Office of the Town Clerk of the Town of Wappinger). 4. The Town Board, as Lead Agency with reference to the above-described project, hereby: a) adopts a negative declaration pursuant to 6 NYCRR section 617.7 with respect to the project, b) authorizes the Supervisor of the Town of Wappinger to sign a negative declaration determination of non -significance with respect to the project, c) directs the Town Clerk to publish a notice in the Environmental notices bulletin (ENB); and d) directs the Town Clerk to file a copy of said negative declaration determination of non -significance in the records of the Town. 5. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RCS -2013-171. 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ Defeated William Beale Mover 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 4 Printed 7/15/2013 Town Board Meeting Minutes June 24, 2013 RESOLUTION: 2013-161 Resolution Adopting "Local Law No. 10 of the Year 2013, Noise Control Law of the Town of Wappinger" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing proposed Local Law No. 10 of the Year 2013, Noise Control Law of the Town of Wappinger; and WHEREAS, the Public Hearing was duly advertised in the Poughkeepsie Journal and the Southern Dutchess News, the official newspapers of the Town; and WHEREAS, the Public Hearing was held on June 24, 2013, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board made a Negative Declaration of Significance pursuant to SEQRA and the Town's Environmental Quality Review Law with respect to the adoption of this Local Law; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 10 of the Year 2013, Noise Control Law of the Town of Wappinger, a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. 4. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-161 D Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Barbara Gutzler Voter El ❑ ❑ El Defeated William Beale Mover a ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter D ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 8 ❑ ❑ ❑ Michael Kuzmicz Seconder El ❑ ❑ p Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. VIII. Discussions A. Chelsea Farms Subdivision Conservation Easement Dan Kohler explained to the board the location of the project and what he was purposing. He is purposing a 125-130 acres conservation easement which would be part of the lots in the subdivision. The owners of the property will be buying the property with the restriction of the easements. He is before the board because he needs concrete evidence of who is going to be the grantee before he can go forward with the project. Town Engineer, Bob Grey, question the one parcel that has two easements. Discussion continued A motion was made to authorize the Supervisor to write a letter to the DEC by Councilman Bettina and seconded Councilman Beale by all were in favor. Town of Wappinger Page 5 Printed 7/1512013 Town Board Meeting Minutes 1. Motion To: authorize the Supervisor to write a letter to the DEC RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IX. Resolutions RESOLUTION: 2013-162 June 24, 2013 Resolution Adopting "Local Law No. 11 of the Year 2013, Amending Chapter 201 of the Town of Wappinger Code Entitled "Smoking and Tobacco Use Prohibited" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Local Law No. 11 of the Year 2013, Amending Chapter 201 of the Town of Wappinger Code entitled `Smoking and Tobacco Use Prohibited"' for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on June 10, 2013 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law is a Type II action pursuant to 6 NYCRR § 617.5(c)(20) and is otherwise exempt from environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "Local Law No. 11 of the Year 2013, Amending Chapter 201 of the Town of Wappinger Code entitled `Smoking and Tobacco Use Prohibited"', a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. 4. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2013-162 Yes/Aye No/Nay Abstain Absent 8 Adopted Barbara Gutzler Voter m ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Mover a ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 711512013 1� F�� Town Board Meeting Minutes June 24, 2013 RESOLUTION: 2013-172 Resolution Declaring Type II Action Regarding Granger Place Drainage Improvements WHEREAS, the Town Board authorized consultation between the Town's Highway Superintendent and Town Engineer about an existing drainageway under Granger Place at a point midway between Alpert and Scott Drives in the Town of Wappinger, Dutchess County, New York to examine stormwater drainage problems at that location; and WHEREAS, the proposed action, involves the replacement of twin existing 48" culvert pipes with metal arch pipes as the existing pipes have deteriorated thus creating drainage problems in this neighborhood area that must be remedied; and WHEREAS, the Proposed Action is a Type II action under the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder at 6 NYCRR, Part 617 (SEQR) subsection 617.5 (a) and (c) since it is a replacement in kind; and is not subject to SEQR review; and WHEREAS, in accordance with SEQR 617.6 (a)(1)(i), the Town Board determines that this is a Type I1 Action and thus the Board has no further responsibilities under SEQR; 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 Part 1 of the Short Environmental Assessment Form describes the Proposed Action. 3. No further action is required under SEQR. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution ICES -2013-172 Yes/Aye No/Nay Abstain Absent D Adopted Barbara Gutzler Mover 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ 11 Defeated ❑ Vincent Bettina Voter El ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Mover 8 ❑ ❑ ❑ Michael Kuzmicz Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-173 Resolution of the Town Board Regarding State Environmental Quality Review (SEQR) Determination of Non -Significance for the Wildwood Drive Drainage Improvements WHEREAS, the Town Board authorized consultation between the Town's Highway Superintendent and Town Engineer about an existing drainage areas along Wildwood Drive near Hackensack Road in the Town of Wappinger, Dutchess County, New York to examine stormwater drainage problems at that location; and WHEREAS, the proposed action, consisting of the installation of a new 24" diameter drainage pipe to replace drainage routed through an apartment site, which will alleviate flooding on Wildwood Drive, 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 Unlisted action under the SEQR regulations; and WHEREAS, in accordance with SEQR, the Town Board is the only Involved agency and therefore declares its status as Lead Agency in an uncoordinated review of the proposed action; WHEREAS, the Town Board has reviewed Part 1 of a Short EAF; and caused to be prepared and reviewed Part 2 of a Short 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 Town of Wappinger Page 7 Printed 7/15/2013 Town Board Meeting Minutes June 24, 2013 establishes itself as Lead Agency for the uncoordinated 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 Short 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) Wildwood Drive Drainage Improvements 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; and c) 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. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-173 8 Adopted - Yes/Aye No/Nay Abstain Absent Barbara Gutzler Mover a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter a ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter a ❑ Cl ❑ ❑ Withdrawn Ismay Czarniecki Mover 0 ❑ ❑ ❑ Michael Kuzmicz Seconder ® ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-163 A Resolution Authorizing, Subject to Permissive Referendum, the Construction of Drainage Improvements at Wildwood Drive and Granger Place in and for the Town of Wappinger, Dutchess County, New York at a Maximum Estimated Cost of $500,000 and Authorizing the Issuance of $500,000 Bonds of Said Town to Pay the Cost Thereof. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, it being determined that the part of the capital project to be completed at Wildwood Drive is an Unlisted Action as to which it has been determined that there is no significant environmental impact and the part of the capital project to be completed at Granger Place is a Type II Action; and WHEREAS, it is now desired to authorize such capital project and it's financing; NOW, THEREFORE,BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The construction of drainage improvements at Wildwood Drive and Granger Place in and for the Town of Wappinger, Dutchess County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $500,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $500,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Town of Wappinger Page 8 Printed 7/15/2013 P, Town Board Meeting Minutes June 24, 2013 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. 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 unless paid from other revenues. 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 bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, 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. All other matters except as provided herein relating to the 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 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 7. The validity of such bonds and bond anticipation notes may be contested only if: 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 8. 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 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper(s) of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-163 D Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter 8 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Mover 8 ❑ ❑ ❑ Michael Kuzmicz Seconder 8 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 9 Printed 7/15/2013 Town Board Meeting Minutes June 24, 2013 RESOLUTION: 2013-165 In the Matter of Increase and Improvement of Facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York (Additional Cost) WHEREAS, by Order dated December 10, 2012, the Town Board of the Town of Wappinger, Dutchess County, New York, authorized an increase and improvement of the facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, consisting of the District's share of the cost of improvements to the Wappinger Creek Pump Station located at the corner of Market Street and Franklindale Avenue in the Village of Wappingers Falls, New York, a facility of Tri -Municipal Sewer Commission, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $385,000; and WHEREAS, by Order dated May 13, 2013, said Town Board called a public hearing on the question of the increase in the maximum estimated cost of said project from $385,000 to $580,000, an increase of $195,000; and WHEREAS, notice of said public hearing was duly published and posted in the manner and within the time provided by law and such public hearing was duly held at the time and place specified in said notice at which all persons interested in the subject matter thereof were duly heard; and WHEREAS, said Town Board has duly considered the evidence given at said public hearing; 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 necessary and in the public interest to increase and improve the facilities of United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York, in the manner described in the preambles hereof, at a new maximum estimated cost of $580,000, and said increase and improvement is hereby authorized and approved. Section 2. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ mote Record - Resolution RES -2013.-165 a Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder a ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Voter 0 ❑ 11 El Tabled ❑ Withdrawn Ismay Czarniecki Mover 0 ❑ ❑ ❑ Michael Kuzmicz Voter m ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-164 A Resolution Authorizing the Issuance of an Additional $195,000 Bonds of the Town of Wappinger, Dutchess County, New York, to Pay Part of the Cost of the Increase and Improvement of the Facilities of United Wappinger Sewer District in Said Town WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, on December 10, 2012, duly adopted a bond resolution authorizing the issuance of $385,000 serial bonds of said Town to pay the cost of the increase and improvement of United Wappinger Sewer District, in and for the Town of Wappinger, Dutchess County, New York, consisting of the District's share of the cost of improvements to the Wappinger Creek Pump Station located at the corner of Market Street and Franklindale Avenue in the Village of Wappingers Falls, New York, a facility of the Tri -Municipal Sewer Commission, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, and WHEREAS, it has now been determined that the maximum estimated cost of such specific object or purpose is $580,000, an increase of $195,000 over that previously authorized; and WHEREAS, it is now desired to authorize the issuance of an additional $195,000 bonds Town of Wappinger Page 10 Printed 7/15/2013 1� Town Board Meeting Minutes June 24, 2013 of said Town for such specific object or purpose to pay a portion of the cost thereof, NOW, THEREFORE,BE IT RESOLVED, by the affirmative vote of not less than two- thirds of the total voting strength of the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of the increase and improvement of United Wappinger Sewer District, in said Town of Wappinger, Dutchess County, New York, consisting of the District's share of the cost of improvements to the Wappinger Creek Pump Station located at the corner of Market Street and Franklindale Avenue in the Village of Wappingers Falls, a facility of Tri -Municipal Sewer Commission, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $195,000 bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is now determined to be $580,000, and that the plan for the financing thereof is as follows: a) by the issuance of the $385,000 bonds of said Town authorized to be Issued pursuant to bond resolution dated and duly adopted December 10, 2012; and b)by the issuance of the additional $195,000 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 I of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligation to be issued for said specific object or purpose. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations 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 obligations becoming due and payable in such year. To the extent not paid from monies raised from said United Wappinger Sewer District, there shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations 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. 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 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, she 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 dale, 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, in such officer's discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation 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 object or purpose described in Section I 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. Town of Wappinger Page 11 Printed 711512013 Town Board Meeting Minutes June 24, 2013 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) 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 Record - Resolution RES -2013-164 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Seconder 0 ❑ ❑ El Tabled ❑ Withdrawn Ismay Czamiecki Mover 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-166 Resolution Naming the Roads Located in Hilltop Village WHEREAS, in order to comply with the Dutchess County Enhanced 9-1-1 Response Program, the Town must name public and private roads within the Town; and WHEREAS, James Tompkins, Program Assistant from the Dutchess County Enhanced 9-1-1, Department of Emergency Response has contacted the Fire Inspector to the Town of Wappinger, Mark Liebermann, in reference to formally naming the roads to be constructed in Hilltop Village in accordance with the Resolution of Site Development Plan and Wetlands Permit Approvals granted by the Planning Board on March 18, 2013 in connection with the age restricted development known as "Hilltop Village at Wappingers Falls"; and WHEREAS, the following names have been approved by Dutchess County Enhanced 9- 1-1, as well as Mark Liebermann, the Town Fire Inspector, for the above named development: • Road A - Brentwood Drive • Road B - Stratford Lane • Road C - Farmington Road • Road D - Dutch Court • Road E - Fairhaven Drive • Road F - Linwood Drive • Road G - Palmerton Drive • Road H - Avondale Lane 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 of the Town of Wappinger hereby approves and authorizes the use of the following names for the proposed roads in the Hilltop Village at Wappingers Falls as follows: Town of Wappinger Page 12 Printed 7/15/2013 11 Town Board Meeting Minutes June 24, 2013 • Road A - Brentwood Drive • Road B - Stratford Lane • Road C - Farmington Road • Road D - Dutch Court • Road E - Fairhaven Drive • Road F - Linwood Drive • Road G - Palmerton Drive • Road H - Avondale Lane The foregoing was put to a vote which resulted as follows: ✓ Vote Record'- Resolution RES -2013-166 Yes/Aye No/Nay Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder B ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled 0 Withdrawn Ismay Czarniecki ❑ . ❑ ❑ ❑ Withdrawn Ismay Czamiecki Mover a ❑ ❑ ❑ Michael Kuzmicz Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-167 Resolution Ratifying a Memorandum of Agreement for a Successor Collective Bargaining Agreement Between the Town of Wappinger and CSEA Local 1000 on Behalf of the Town Highway Employees WHEREAS, the Town of Wappinger ("the Town") is party to a Collective Bargaining Agreement with CSEA Local 1000 AFSCME, AFL-CIO ("CSEA") on behalf of the Town of k' Wappinger Highway Employees Unit; and .,, WHEREAS, the Collective Bargaining Agreement expired on December 31, 2012; and WHEREAS, following collective negotiations between the Town and CSEA, the respective negotiating teams have agreed upon a Memorandum of Agreement, in the form attached to this Resolution that sets forth the terms of a successor Collective Bargaining Agreement; and WHEREAS, the Memorandum of Agreement has been ratified by the Town of Wappinger Highway Employees Unit. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger ratifies the Memorandum of Agreement that is attached to this Resolution and authorizes Town Supervisor Barbara Gutzler to execute the Memorandum of Agreement on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-167 Yes/Aye No/Nay Abstain Absent ❑ Adopted Barbara Gutzler ❑ ❑ ❑ ❑ ❑ Adopted as Amended William Beale ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina ❑ ❑ ❑ ❑ ❑ Tabled 0 Withdrawn Ismay Czarniecki ❑ ❑ ❑ ❑ Michael Kuzmicz ❑ ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-168 Resolution to Declare Intent to Participate in the Grant Application for a New Aeration System at the Tri -Municipal Wastewater Treatment Facility WHEREAS, the Town of Wappinger has a long term Tenancy Agreement with the Tri - Municipal Sewer Commission for the treatment of 1,375,000 gallons per day and is obligated to Town of Wappinger Page 13 Printed 7/15/2013 Town Board Meeting Minutes June 24, 2013 participate in all necessary capital improvements to the Tri -Municipal Sewer Plant; and WHEREAS, the Tri -Municipal Sewer Commission ("the Commission"), a New York Municipal Law Article 5-G entity, has been advised by its engineer that the Tri -Municipal Wastewater Treatment Facility ("the Facility") requires construction of a new aeration system; and WHEREAS, the Commission has determined that there is an opportunity to purchase an aeration system that would enable the Facility to increase the operating depth of the aeration basins; and WHEREAS, the aeration system proposed will increase the efficiency and effectiveness of the Facility and will improve the Facility's ability to treat sewage; and WHEREAS, Route 9 is the main commercial corridor in Dutchess County and traverses the Town of Poughkeepsie, the Village of Wappingers Falls and the Town of Wappinger; and WHEREAS, opportunities exist to increase commercial activity along the commercial corridor of Route 9 that would have a corresponding increase in employment and further economic development; and WHEREAS, this capital improvement to the Facility will result in a measurable decrease in power usage needed to operate the Facility; and WHEREAS, the County of Dutchess is promoting shared services amongst municipalities and municipal entities as a way of reducing costs and saving taxpayer dollars; and WHEREAS, the Commission is initiating a joint application on behalf of the Town of Poughkeepsie, Village of Wappingers Falls and the Town of Wappinger ("the participating municipalities") who are intending to be part of the application for the construction of an aeration system; and WHEREAS, a portion of the cost of the proposed aeration system will be provided by the County of Dutchess; and WHEREAS, the Town of Poughkeepsie, Village of Wappingers Falls, and the Town of Wappinger as participating municipalities are required to provide the Commission a Resolution to declare their respective intent to participate in said grant application; and WHEREAS, on June 6, 2013 the Tri -Municipal Sewer Commission duly adopted a Resolution declaring its intent to be the lead applicant in the grant application and to join with the participating municipalities in an application to the Municipal Consolidation and Shared Services Grant Program for the construction of the proposed aeration system; 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 of the Town of Wappinger hereby declares its intent to join with the Tri -Municipal Sewer Commission, as the lead applicant to apply to the Dutchess County Municipal Consolidation and Shared Services Grant Program for the construction of the above proposed aeration system. 3. The Town Supervisor is hereby authorized to execute any documents in connection with said application and to supply any information needed to facilitate the application. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-168 a --- Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Mover 0 ❑ ❑ 11 ❑ Tabled ❑ Withdrawn Ismay Czamiecki Voter a ❑ ❑ ❑ Michael Kuzmicz Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. X. Items for Special Consideration A. Councilman Beale Councilman Beale state that the paving on 9D was going well and the medians are being taking care of o Route 9, everything looks good. Town of Wappinger Page 14 Printed 7115/2013 Town Board Meeting Minutes June 24, 2013 B. Councilman Bettina Councilman agreed with Councilman Beale in regard to the 9D paving. C. Councilman Kuzmicz Councilman Kuzmicz requested an update on the Martz Field tennis courts. Engineer to the Town, Bob Grey, stated that they are working on the contracts drawings and specs. and expect to be ready to go out to bid by the next meeting. f XI. New Business A. Supervisor Gutzler Supervisor Gutzler stated she would like to investigate the "HAM radio operation" RESOLUTION: 2013-174 Resolution Authorizing Transfer of Funds BE IT RESOLVED, the Town Board hereby authorizes the following budget line transfers: Transfer from Line Transfer to Line Amount 1620.450 T92 13-6034 $9,000.00 1620.450 A 1620.481 $5,900.00 1620.450 A 1620.453 $5,000.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-174 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Mover 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Mover 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter ... 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. Motion To: authorize to go out to RFP for the air condition unit for the server room Bob Grey, Town Engineer, stated that the server room door currently is being left open due to the fact that if it is not it will over heat. The room needs to be air conditioned. He has to go out for RFP's for a stand along air conditioner. The unit is about $4000.00 the total cost for the duct work is expected to be under $10,000. Supervisor Gutzler stated that there is money in line 1620.45 because of the for site of the board at budget time when they put $58,000.00 in that line. Councilman Kuzmicz made a motion to go to RFP for the air condition of the server room, seconded by Councilwoman Czamiecki all were in favor. ... .................................. ....................._. _... _..__ _ __.............. ...................._......................... ................................................................................................................................................. ................... ........................................................................... .................................... . RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman I SECONDER: Ismay Czarniecki, Councilwoman I AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Town of Wappinger Page 15 Printed 7/15/2013 Town Board Meeting Minutes June 24, 2013 Motion To: recess for three minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz ................. ..... ............ ............... .......................__................................. .... ... ................ ...................................................................... ....... ..................... ................................... ._ .. Motion To: come out of recess RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz XII. Executive Session XIII. Town Board Review of Vouchers RESOLUTION: 2013-169 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-Y Vendor A (General Town wide B (General PartTown) DB (Highway Fund) CBG (Challenger Field) Camo 638.50 Camo 585.00 Camo Central Hudson 23.73 NYCOMCO 64.00 $1,496.00 NYCOMCO 126.00 Verizon 33.58 Royal Carting 16,375.17 Home Depot 61.80 DC Sheriff Office 2,296.02 9,408.53 Mid Hudson Fasteners $105.21 Sedore 2,540.00 Bottini 2,585.00 Al Roberts 7,320.59 Al Roberts 7,260.00 5,339.50 $132.00 Al Roberts 264.00 Al Roberts Al Roberts Al Roberts Al Roberts 264.00 Al Roberts Al Roberts 1,782.00 Al Roberts Al Roberts 2,957.71 Town of Wappinger Page 16 Printed 711512013 Town Board Meeting Minutes June 24, 2013 Steve Churchill $147.74 Steve Churchill $252.26 HealthQuest 300.00 HealthQuest 65.00 Anaconda Sports 87.00 Signal Graphics 118.08 Signal Graphics 106.50 Signal Graphics 55.58 B&B Auto 1,669.00 Pine Plains Tractor 48.99 Adams Power Equip 206.97 Tilcon $2,372.30 Tilcon $3,176.52 Staples 156.37 Staples 22.20 Staples 24.19 Staples 77.20 Staples 18.00 Fisher Machine Co $180.00 Fishkill Plains Garage 21.00 Atlas Star 38.00 DC Central Services 210.74 Cablevision 159.80 Cablevision 59.90 Wells Fargo 327.56 Wells Fargo 373.56 369.53 DC SPCA 280.00 R. Costa Electric 159.15 Big Top Portable Toilets 58.50 IQM2 1,500.00 Verizon Wireless 268.72 347.35 Auto Zone $15.92 Hannaford 32.13 Great America Leasing 580.50 Delta Dental 1,341.44 338.20 Inter City Tire 215.99 Inter City Tire 46.00 Sweeper Parts $679.60 Sweeper Parts $808.70 Tony Basile In the Pocket 650.00 George Gumbel Fr of Cam Town of Wappinger Page 17 Printed 711512013 Town Board Meeting Minutes June 24, 2013 Rong-Jie Wu 140.00 Mens Softball (Carl Linquist 125.00 Kevin Bohannan $151.36 American Printing 308.90 Central Hudson 1,716.39 Central Hudson 199.63 Central Hudson 58.94 Central Hudson 542.67 Dep of Civil Ser Empire 8,290.66 3,410.16 $5,792.06 Ins Bottini $8,996.98 Bottini 114.30 Momma's Towing 85.00 Justice Court Fund 17,495.50 Clark Patterson Lee $3,400.00 Tilcon $2,125.09 Kevin Bohannan $106.25 $79,408.97 $23,336.46 $26,537.99 $3,400.00 Totals Vendor T98 (Friends HWN T92 SU (United of Carnwath) (Wappinger (Planning & Wapp. Sewer Water Main Zoning fund) Project) Escrows) Camo Camo Camo Central Hudson NYCOMCO NYCOMCO Verizon Royal Carting Home Depot DC Sheriff Office Mid Hudson Fasteners Sedore Bottini Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Steve Churchill Steve Churchill HealthQuest HealthQuest Anaconda Sports Signal Graphics Signal Graphics Signal Graphics B&B Auto Pine Plains Tractor Adams Power Equip Tilcon Tilcon Staples Staples Staples Staples $650.00 $1,833.19 $3,896.83 $82.50 $297.00 $709.50 Town of Wappinger Page 18 Printed 7/15/2013 Town Board Meeting Minutes June 24, 2013 Staples Fisher Machine Co Fishkill Plains Garage Atlas Star DC Central Services Cablevision Cablevision Wells Fargo Wells Fargo DC SPCA R. Costa Electric Big Top Portable Toilets IQM2 Verizon Wireless Auto Zone Hannaford Great America Leasing Delta Dental Inter City Tire Inter City Tire Sweeper Parts Sweeper Parts Tony Basile In the Pocket George Gumbel Fr of Cam $200.00 Rong-Jie Wu Mens Softball (Carl Linquist Kevin Bohannan American Printing Central Hudson Central Hudson Central Hudson Central Hudson Dep of Civil Ser Empire Ins Bottini Bottini Momma's Towing Justice Court Fund Clark Patterson Lee Tilcon Kevin Bohannan Totals $200.00 $2,483.19 $3,979.33 $1,006.50 Vendor Camo Camo Camo Central Hudson NYCOMCO NYCOMCO Verizon Royal Carting Home Depot DC Sheriff Office Mid Hudson Fasteners Sedore Bottini Al Roberts Al Roberts Al Roberts WU (United Paid Wapp. Water Fund) 23.73 33.58 Town Board Hold 638.50 585.00 650.00 1,560.00 126.00 16, 375.17 61.80 11, 704.55 105.21 2,540.00 2,585.00 7,320.59 12,731.50 Town of Wappinger Page 19 Printed 7/15/2013 Town Board Meeting Minutes June 24, 2013 Al Roberts Al Roberts AI Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Steve Churchill Steve Churchill HealthQuest HealthQuest Anaconda Sports Signal Graphics Signal Graphics Signal Graphics B&B Auto Pine Plains Tractor Adams Power Equip Tilcon Tilcon Staples Staples Staples Staples Staples Fisher Machine Co Fishkill Plains Garage Atlas Star DC Central Services Cablevision Cablevision Wells Fargo Wells Fargo DC SPCA R. Costa Electric Big Top Portable Toilets IQM2 Verizon Wireless $165.00 300.00 65.00 159.80 59.90 327.56 743.09 616.07 4,160.83 1,833.19 297.00 264.00 165.00 1,782.00 709.50 2,957.71 147.74 252.26 87.00 118.08 106.50 55.58 1,669.00 48.99 206.97 2,372.30 3,176.52 156.37 22.20 24.19 77.20 18.00 180.00 21.00 38.00 210.74 280.00 159.15 58.50 1,500.00 82.50 Town of Wappinger Page 20 Printed 7/15/2013 Town Board Meeting Minutes June 24, 2013 Auto Zone 0 Adopted 15.92 Hannaford Yes/Aye No/Nay Abstain Absent 32.13 Great America Leasing Voter 0 ❑ 580.50 ❑ Delta Dental William Beale Mover El 1,679.64 ❑ Inter City Tire ❑ Defeated 215.99 Inter City Tire ❑ Tabled Vincent Bettina Voter 46.00 Sweeper Parts ❑ ❑ ❑ Withdrawn Ismay Czamiecki 679.60 Sweeper Parts ❑ ❑ ❑ 808.70 Tony Basile In the Pocket 0 ❑ ❑ ❑ 650.00 George Gumbel Fr of Cam 200.00 Rong-Jie Wu 140.00 Mens Softball (Carl Linquist 125.00 Kevin Bohannan 151.36 American Printing 308.90 Central Hudson 1,716.39 Central Hudson 199.63 Central Hudson 58.94 Central Hudson 542.67 Dep of Civil Ser Empire Ins 17,492.88 Bottini 8,996.98 Bottini 114.30 Momma's Towing 85.00 Justice Court Fund 17,495.50 Clark Patterson Lee 3,400.00 Tilcon 2,125.09 Kevin Bohannan 106.25 Totals $165.00 $24,599.38 $115,835.56 $82.50 16 64 1 $140,517.44 $140,517.44 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 June 24, 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 -2013-169 0 Adopted Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Mover El ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 Town of Wappinger Page 21 Printed 7115/2013 Town Board Meeting Minutes June 24, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-170 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-Z Vendor A (General Town wide B (General PartTown) DB (Highway Fund) Camo Hold (Wappinger Camo Poughkeepsie Water Main 57.83 Journal Project Sou Dutchess News 59.02 MVP 3,906.72 $19,394.05 21,626.49 2,080.00 MVP Gold 2,080.00 Camo 3,266.80 Coffee Systems 390.00 31.66 390.00 West Law 57.83 180.00 Journal Staples Sou Dutchess News 51.76 Spiegel Bros Paper MVP $192.00 Co 44,927.26 Poland Spring 189.63 Big Top Portable Toilet 195.50 Cornerstone 34.58 Phone 357.70 Perfect Comfort 498.00 Perfect Comfort 967.00 Leslie Schab $100.00 James Baisley $1,010.00 Kaman Ind Tech $56.55 Pine Bush Equip $5,465.00 Craig Bova $10.00 Sylvia Reitter 800.00 (Refund) Williams Lumber 40.15 Totals 1 $27,504.69 $4,858.15 $26,127.60 Vendor HWN Paid Town Board Hold (Wappinger Water Main Project Camo 2,080.00 2,080.00 Camo 390.00 390.00 Poughkeepsie 57.83 Journal Sou Dutchess News 59.02 MVP 44,927.26 Town of Wappinger Page 22 Printed 7/15/2013 Town Board Meeting MVP Gold Coffee Systems West Law Staples Spiegel Bros Paper Co Poland Spring Big Top Portable Toilet Cornerstone Phone Perfect Comfort Perfect Comfort Leslie Schab James Baisley Kaman Ind Tech Pine Bush Equip Minutes 3,266.80 392.28 31.66 180.00 51.76 192.00 189.63 195.50 498.00 967.00 100.00 1,010.00 56.55 5,465.00 Craig Bova 10.00 Sylvia Reitter (Refund) 800.00 Williams Lumber 40.15 Totals $2,470.00 $48,586.34 $12,374.10 3 19 0 $60,960.44 $60,960.44 June 24, 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 June 24, 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 -2013-170 8 Adopted _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William Beale Mover 10 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 91 ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2013 The Resolution is hereby duly declared adopted. XIV. Adjournment XV. Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:16 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Jessica Fulton Deputy Town Clerk Town of Wappinger Page 23 Printed 711512013