2013-07-08 RGMTown of Wappinger 20 Middlebush Road
Wappingers Falls, NY 12590
Town Board Meeting townofwappinger.us
Agenda ^ Christine Fulton
845-297-5771
Monday, July 8, 2013 7:30 PM Town Hall
I. Call to Order
II. Salute to the Flag
III. Adoption of Agenda
IV. Correspondence Log
2013-175. Resolution Authorizing the Acceptance of the Correspondence Log
V. Public Portion
VI. Discussions
A. Carnwath Tours
B. Green Initiatives and Sustainability
C. Request of Sign "Blind Person in Area "for Nicole Drive
VII. Resolutions
2013-136. Resolution Authorizing the Settlement of the Tax Certiorari
Proceeding Regarding Hollowbrook Associates, Lp & PNL Newco II,
LLC
2013-176. Resolution Authorizing Return of Escrow Deposited to Insure Proper
Installation of Driveway, Grading and Seeding for 29 Lor -Mar Court
2013-177. 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
2013-178. Resolution Authorizing Supervisor to Enter into and Execute a
Settlement Agreement in Connection with PETNY
2013-179. Resolution Introducing Local Law _ of 2013 Which Would Amend
Chapter 122, Fees and Finds, Chapter 85, Building Code
Administration, Chapter 133, Flood Damage Prevention, and Chapter
137, Freshwater Wetland, Waterbody and Watercourse Protection, of
the Town Code
2013-180. Resolution Introducing Local Law _Of 2013 Which Would Amend
Chapter 240, Zoning of the Town Code with Respect to Accessory
Apartments
2013-181. Resolution Introducing Local Law_ 2013 Which Would Amend
Chapter 240 Zoning, of the Town Code with Respect to a Variety of
Planning and Zoning Matters
VIII. Items for Special Consideration
IX. New Business
X. Executive Session
XI. Town Board Review of Vouchers
2013-182. Resolution Authorizing Abstract of Claim and Warrant for Payment of
Claim Audited by Town Board
XII. Adjournment
Town of Wappinger Page I Printed 71212013
Town of Wappinger
Town Board Meeting
-r Minutes
20 Middlebush Road
Wappingers Falls, NY 12590
townofwappinger.us
Christine Fulton
845-297-5771
Monday, July 8, 2013 7:30 PM Town Hall
Call to Order
Supervisor Barbara Gutzler called the meeting to order at 7:30 PM.
Attendee Name
Organization
Title
Status
Status Arrived
Barbara Gutzler
Town of Wappinger
Supervisor
_ _.
Present
William H. Beale
Town of Wappinger
Councilman
bate 7:33 PM
Vincent Bettina
Town of Wappinger
Councilman
Present
Ismay Czarniecki
Town of Wappinger
Councilwoman
Present
Michael Kuzmicz
Town of Wappinger
Councilman
Present
Albert Roberts
Town of Wappinger
Town Attorney
Present
Graham Foster
Town of Wappinger
Highway Superindentant
Present
David Stolman
Town of Wappinger
; Town Planner
Present
Salute to the Flag
III. Adoption of Agenda
Supervisor Gutzler motioned to pull Resolution 2013-136 and 2013-180 off of the
agenda. Councilman Bettina seconded the motion. The motion was unanimously carried.
Supervisor Gutzler motioned to add Mr. Paggi and Mr. Macho to the discussion portion
of the agenda and to add a resolution pertaining to participating in section 41.j of NYS retirement
and Social Security. The motion was seconded by Councilwoman Czarniecki and was
unanimously carried.
Supervisor Gutzler motioned to move the executive session to directly after the
discussion portion. The motion was seconded by Councilman Kuzmicz. The motion was
unanimously carried.
Motion To: withdraw Resolution 2013-136
RESULT: ADOPTED [UNANIMOUS]
MOVER: Barbara Gutzler, Supervisor
SECONDER: Vincent Bettina, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Motion To: Add a Discussion and Resolution
RESULT: ADOPTED [UNANIMOUS]
MOVER: Barbara Gutzler, Supervisor
SECONDER: Ismay Czarniecki, Councilwoman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Motion To: move executive session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Barbara Gutzler, Supervisor
SECONDER: Michael Kuzmicz, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
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Town Board Meeting Minutes July 8, 2013
IV.
V.
VI.
Correspondence Log
RESOLUTION: 2013-175
Resolution Authorizing the Acceptance of the Correspondence Log
NOW, THEREFORE, BE IT RESOLVED, that the letters and communications
itemized on the attached Correspondence Log are hereby accepted and placed on file in the
Office of the Town Clerk.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2013-175
Yes/Aye
No/Nay
Abstain
Absent
® Adopted
B Gutzler
Voter
a
❑
❑
❑
❑ Adopted as Amended
William H. Beale
Voter
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
Rl
❑
❑
❑
❑ Tabled
❑ Withdrawn
Ismay Czarniecki
Mover
Wl
❑
❑
❑
Michael Kuzmicz
Seconder
0
❑
❑
❑
Dated: Wappingers Falls, New York
July 08, 2013
The Resolution is hereby duly declared adopted.
Public Portion
Motion To: open the floor to the public
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ismay Czarniecki, Councilwoman
SECONDER: Michael Kuzmicz, Councilman
AYES; Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
public comment
Resident Mary Schmalz distributed papers from the 2012 Ramble Book to the Board. She stated
that there was information on Carnwath Farms in the booklet. She then described recreation
events that had taken place at the property such as art shows. Ms. Schmalz explained that she
wanted to keep the Board updated on the activities at Carnwath.
Motion To: Close the floor to the public
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Vincent Bettina, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Discussions
A. Carnwath Tours
Supervisor Gutzler introduced Florence Graff and Co -Town Historian Joseph Cavaccini.
Ms. Graff stated that the reason she came before the Board was to get approval to hold walking
tours on the Carnwath Town Property. She explained that the Town Board purchased the 99 acre
property back in 1999 and it was hoped that Carnwath would become a tourist attraction. She
said that there are walking trails on the property and that through the effort of Joseph Ennesser it
became a Greenway trail. Ms. Graff said that she was contacted by Joseph Cavaccini because she
is a member of the Friends of Carnwath Committee. She explained that Mr. Cavaccini showed
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Town Board Meeting Minutes July 8, 2013
her pictures of the condition of the mansion at Carnwath. She continued by explaining what
problems she found with the condition of the buildings on the Camwath Farms property. She
displayed pictures of the property and buildings for the Board.
Joseph Cavaccini Co- Town Historian for the Town of Wappinger addressed the Board
next. He said that he would like the walking tours to bring people to Carnwath Farms, making
them aware of the history of the property. He then described the route that the walking tour
would take and items that would be on sale at the property. Councilwoman Czarniecki asked
what accommodations could be made for people who could not attend scheduled tours. Mr.
Cavaccini said that markers could be put up to trace a self guided tour. Supervisor Gutzler asked
what the agenda for the tour would be. Mr. Cavaccini responded that it would be in the main
open areas of the property and wouldn't go too far into the Greenway Trail area. Councilwoman
Czamiecki suggested recording the tour and selling the DVD. Ms. Graff asked if the Board
would have to be informed each time a tour is given on the property. Supervisor Gutzler stated
that she would like to be informed of everything going on at Carnwath to ensure that things are
covered in terms of insurance. Councilman Beale stated that he had reservations about the idea of
giving tours of Carnwath. He explained that it is an unsafe property and that there needs to be a
very specific path that will be followed that is at least one and a half stories away from the
buildings. Councilman Beale also said that a person under eighteen years old cannot lead these
tours for liability reasons. He also asked what organization would be responsible for the tour.
Would it be recreation, Friends of Carnwath, or the Greenway Committee? Councilman Beale
pointed out that these buildings are not safe and he cannot vouch for the safety of them. He
explained that he is not opposed to the walking tours but he needs to see a specific route for the
tours. Councilman Kuzmicz concurred that it needed to be sure that the tour stayed in an area
that was safe
Supervisor Gutzler said that she needed to speak to the liability insurance company and
that July 201h was an ambitious date to have this tour set up by. Florence Graff said that she
would rely on Mr. Cavaccini to lay out the plan for the tour. Then, she said that she would be
present when Joseph Cavaccini gave the tour so someone over eighteen years old would be there.
Supervisor Gutzler said that so long as there was a responsible adult present, Joseph could speak
on the tours. Councilman Beale asked if Friends of Carnwath was a 501 (c) 3 non -for profit
organization. Attorney to the Town, Albert Roberts, said he didn't think it was. Councilman
Beale said that that those types of organizations have a different level of protection in terms of
liability. Councilman Bettina said that there are no emergency pull boxes on the property. He
also pointed out that the Carnwath property was purchased for its open space, not the buildings.
They didn't have the funds to renovate those buildings. Councilman Beale said that he is ok with
the Supervisor working out a plan with the Town Attorney and insurance company. Discussion
continued.
B. Green Initiatives and Sustainability
Supervisor Gutzler asked the speakers to introduce themselves. They introduced
themselves as Duncan Gilchrist, Jock Gilchrist, and Sam Gilchrist, and Zaki Shafi. They stated
that they spoke with the Town Accountant about investment in stock for Fossil Fuel companies.
They found that the Town had no active investments and wished to speak to the Town about
creating a standing commitment to never invest in fossil fuel companies. Supervisor Gutzler said
that investments are tightly controlled by the State Comptroller's office. Councilman Kuzmicz
said that laws are very strict on these matters. He also pointed out that the Board can not bind
future Town Boards; they can only bind the Board for one year. Councilman Bettina said that
binding future boards would be illegal. Supervisor Gutzler said that the Board is required to put
their money in responsible banks and places approved by the State Comptroller. The group
explained that their fundamental interest was to distill down a sense of belonging and
appreciation for nature and asked if the Board could brainstorm different ideas to do this.
Councilman Kuzmicz said that there are several parks in the Town that need help being
preserved. He said that he could put them in touch with Mark Price and Ralph Holt from the
recreation department. Councilman Bettina said that the Board is environmentally sensitive and
has tried to work with the large amount of parkland in the Town. Supervisor Gutzler said that
there is a need for more environmental education and activities and said that the group could be a
spring board for that. She said that they could be an extension of the Town and work on
environmental education in the Town. Councilwoman Czarniecki described the annual Town
cleanup said that the Town needs people who do things to help the environment, not just talk
about it. Discussion continued.
Supervisor Gutzler introduced Victor Cornelius. She stated that he came to her on the
suggestion of Matt Alexander and she would like him to address the Board. Mr. Cornelius said
that he has been working with the Village for almost 12 years and has also been working with
several other municipalities specializing in Wastewater projects. He explained that on the 31St of
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Town Board Meeting
Minutes
July 8, 2013
January, Congress passed Super storm Sandy Legislation. It is a federal appropriation. He
received a phone call from Congressman Maloney saying that the money was only available to
places declared disaster areas, however that has changed. Currently, there is more money than
projects. Mr. Cornelius then described a project he is involved in at Woodhill Green
Condominiums. Congressman Maloney reached out to Mr. Cornelius to find infrastructure
improvements that needed to be done that could be covered by the Super Storm Sandy Grants.
He has submitted Grant requests to obtain funds to have waterlines run into Woodhill Green. Mr.
Cornelius asked the Town Board if they would like to use his services to help obtain grant
money to fund projects in the Town of Wappinger. He then provided the Town with his fee
schedule. He described this as a once in a generation opportunity to fund municipal projects.
Councilman Beale asked Mr. Cornelius what agency would be heading the Woodhill Green
Project. He answered that Woodhill Green is the lead agency. Councilman Beale asked if
Woodhill Green has contacted the Town about their water project. Supervisor Gutzler said that
they have and that she has also contacted Mayor of Wappingers Falls to team up on the project.
Discussion Continued.
C. Request of Sign "Blind Person in Area" for Nicole Drive
Motion To: direct the Highway Superindendent to place a sign on Nicole Drive
Councilwoman Czarniecki explained to the Board that a resident on Nicole Drive has
requested a sign to indicate that a Blind Person is in the Area and asked what has to be done.
Highway Superintendent, Graham Foster, stated that these signs are often put up and the people
eventually move away and the sign is never removed. He suggested that something be done to
follow up when one of these signs are put up. Mr. Foster also suggested putting the sign on
Kendall Drive, because if it is put on Nicole Drive, it would have to be put up in both directions.
He said that the sign could be ordered. Councilwoman Czarniecki motioned that the sign be
ordered. County Legislature Joe Incoronato suggested that a "sunset clause" be put in to limit the
years the sign could be put up. Councilman Beale Seconded Councilwoman Czarniecki's motion
and it was unanimously carried.
RESULT: ADOPTED[UNANIMOUS]
MOVER: Ismay Czarniecki, Councilwoman
SECONDER: William H. Beale, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
......................................... ............. ..... ......... ........................ .... ......... ...... ..
D. Senior Housing
Mr. Larry Paggi addressed the Board saying that he had been approached by Mr. Macho
about a R20 Zoned 5.8 acre property on Myers Corners Road. He proposed the building of 8
Buildings for active Senior citizens, each building containing 7 units. He explained that the
property is not currently zoned for multifamily residences. To build the active senior house the
property would have to be rezoned. Mr. Paggi asked the Board if there would be support for the
project because he would have to begin by petitioning for a rezone. Town Planner David
Stolman asked if there was even a possibility for a re -zone under the comprehensive plan. Mr.
Paggi described the location of the proposed project. Councilman Beale described the River
Bend Community which is outside of the Town's jurisdiction but would be close to the building
Mr. Paggi was proposing. He said that there would have to be a site visit before considering
approving the project. Councilwoman Czarniecki asked if this would be an age restricted
community. Mr. Paggi said that it would be. He suggests that the Board visit other senior
housing complexes to get an idea of what it would look like. Supervisor Gutzler said that there
should be a site visit to try to visualize what the buildings would look like and what the impact to
the neighborhood would be. Discussion continued.
Councilman Beale said that he would hope there could be sidewalks put in place that
could connect this complex with the River Bend property to create a town center. David Stolman
asked Mr. Paggi questions about the density of the complex and how the number of units was
decided on. Mr. Paggi explained that it was done to be financially beneficial while working with
the size of the property. Discussion continued.
Town of Wappinger Page 4 Printed 7/25/2013
Town Board Meeting Minutes July 8, 2013
VII. Executive Session
Motion To: go into Executive Session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarnecki, Councilwoman
AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz
Motion To: come out of Executive Session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ismay Czarnecki, Councilwoman
SECONDER: Vincent Bettina, Councilman
AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz
VIII. Resolutions
RESOLUTION: 2013-176
Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of
Driveway, Grading and Seeding for 29 Lor -Mar Court
WHEREAS, on or about March 25, 2013, Fred H. Wolinsky posted Three Thousand,
Five Hundred Dollars ($3,500.00) to be held in escrow with the Town of Wappinger to insure
the satisfactory installation of a driveway, including grading and seeding of disturbed areas for
how premises located at 29 Lor -Mar Court; and
WHEREAS, Engineer to the Town, Robert J. Gray, and Highway Superintendent,
Graham Foster, have confirmed that the work for which the escrow was established has been
satisfactorily completed.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby authorizes a refund of escrow in the amount of Three
Thousand, Five Hundred Dollars ($3,500.00) to Fred H. Wolinsky, 29 Lor -Mar
Court, Wappingers Falls, New York 12590.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2013-176
0
Yes/Aye
No/Nay
Abstain
Absent
Adopted
Barbara Gutzler
Voter
EI
❑
❑
❑
❑ Adopted as Amended
William H. Beale
Voter
EI
❑
❑
❑
❑ Defeated
❑ Tabled
Vincent Bettina
Voter
EI
❑
❑
❑
❑ Withdrawn
Ismay Czarnecki
Mover
a
❑
❑
❑
Michael Kuzmicz
Seconder
EI
❑
❑
❑
Dated: Wappingers Falls, New York
July 08, 2013
The Resolution is hereby duly declared adopted.
RESOLUTION: 2013-177
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
Town of Wappinger Page 5 Printed 712512013
Town Board Meeting
Minutes
July 8, 2013
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 -2013-177
a
Yes/Aye
No/Nay
Abstain
Absent
Adopted
Barbara Gutzler
Voter
a
❑
❑
❑
❑ Adopted as Amended
William H. Beale
Voter
®
❑
❑
❑
❑ Defeated
❑ Tabled
Vincent Bettina
Voter
®
❑
❑
❑
❑ Withdrawn
Ismay Czarniecki
Mover
a
❑
❑
❑
Michael Kuzmicz
Seconder
a
❑
❑
❑
Dated: Wappingers Falls, New York
July 08, 2013
The Resolution is hereby duly declared adopted.
RESOLUTION: 2013-178
Resolution Authorizing Supervisor to Enter into and Execute a Settlement Agreement in
Connection with PETNY
WHEREAS, the Workers' Compensation Board (WCB) has assumed the responsibility
for the administration and distribution of assets of Public Entity Trust of New York (PETNY), a
municipal group self insurance trust in which the Town of Wappinger was formerly a constituent
member; and
WHEREAS, the WCB and several former members of PETNY previously executed a
Tolling Agreement that tolled the applicable statute of limitations for any lawsuit and provided a
mechanism to obtain discovery from the WCB; and
WHEREAS, because of the unique nature and size of PETNY, WCB performed an
updated Deficit Reconstruction using a strictly loss based allocation through December 31, 2012,
("2012 Deficit Reconstruction") which allocated the loss based liability for each former Trust
Member, including the Member, for each fiscal year or portion thereof, during which a former
Trust Member was a member of the Trust; and
WHEREAS, the WCB has developed a settlement proposal that would allow it to release
each former Trust Member that participates in the settlement and pays the amount required
pursuant to the Agreement from any and all further liability to the WCB for the Deficit and any
other liability or obligation to the WCB associated with the Trust and member's former
membership therein; and
WHEREAS, in accordance with the "Loss Based Allocation" formula, the WCB
determined that the Town of Wappinger is entitled to a refund of $15,336.33; and
WHEREAS, the Town Board acknowledges that at present the WCB has no funds which
to refund the Town of Wappinger the aforementioned amount until such time as WCB recovers
monies as referenced in paragraph 5.1 and 5.2 of the Settlement Agreement.
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 Members have read the Settlement Agreement and understand
the provisions thereof.
3. The Town Board hereby authorizes the Town Supervisor, Barbara A. Gutzler, to
execute the Settlement Agreement by and on behalf of the Town in substantially
the form attached hereto.
4. The Town Board further authorizes the Town Attorney, Albert P. Roberts, to
negotiate any amendments to the Settlement Agreement deemed necessary to
preserve the Town's rights.
Town of Wappinger Page 6 Printed 7/25/2013
1�
Town Board Meeting Minutes July 8, 2013
The foregoing was put to a vote which resulted as follows:
or Vote Record - Resolution RES -2013-178
Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Barbara Gutzler
Voter
0
❑
❑
❑
❑ Defeated
William H. Beale
Mover
0
❑
❑
❑
❑ Tabled
Vincent Bettina
Voter
0
❑
❑
❑
❑ Withdrawn
Ismay Czamiecki
Voter
0
❑
❑
❑
Michael Kuzmicz
Seconder
0
❑
❑
Dated: Wappingers Falls, New York
July 08, 2013
The Resolution is hereby duly declared adopted.
RESOLUTION: 2013-179
Resolution Introducing Local Law —of 2013 Which Would Amend Chapter 122, Fees and
Finds, Chapter 85, Building Code Administration, Chapter 133, Flood Damage Prevention,
and Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the
Town Code
WHEREAS, the Town Board is considering the adoption of Local Law of 2013
which would amend Chapter 122, Fees and Fines, Chapter 85, Building Code
Administration, Chapter 133, Flood Damage Prevention, and Chapter 137, Freshwater
Wetland, Waterbody and Watercourse Protection, of the Town Code; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and
statements set forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law _ of 2013 in the form
annexed hereto; except as specifically modified by the amendments contained
therein, the Town Code as originally adopted and amended from time to time
thereafter is to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
3. The Town Board hereby schedules a public hearing regarding the adoption of
the annexed proposed Local Law —of 2013 for PM on the day of
, 2013 and the Town Clerk is hereby directed to publish notice
thereof in the Town's official newspapers not less than ten (10) days prior to
said public hearing date.
4. The Town Board hereby directs the Town Clerk to act as follows with respect
to the proposed Local Law:
a. To serve a copy of this resolution, the annexed proposed Local Law,
and the public hearing notice to the municipal clerk of each abutting
municipality not less than ten (10) days prior to said public hearing;
b. To serve a copy of this resolution, the annexed proposed Local Law,
and the public hearing notice to the Dutchess County Department of
Planning and Development for advisory review in accordance with
Section 239 of the General Municipal Law; and
C. To distribute a copy of this resolution, the annexed proposed Local
Law, and the public hearing notice to the Town of Wappinger
Planning Board for its review and recommendation pursuant to Section
240-112 of the Zoning Law prior to said public hearing.
Town of Wappinger Page 7 Printed 7/25/2013
Town Board Meeting Minutes July 8, 2013
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2013-179
Yes/Aye
No/Nay
Abstain
Absent
8 Adopted
-
B Gutzler
Voter
a
❑
❑
❑
❑ Adopted as Amended
William H. Beale
Voter
®
❑
❑
❑
❑ Defeated
Vincent Bettina
Mover
8
❑
❑
❑
❑ Tabled
❑ Withdrawn
Ismay Czamiecki
Voter
8
❑
❑
❑
Michael Kuzmicz
Seconder
8
❑
❑
❑
Dated: Wappingers Falls, New York
July 08, 2013
The Resolution is hereby duly declared adopted.
RESOLUTION: 2013-181
Resolution Introducing Local Law_ 2013 Which Would Amend Chapter 240 Zoning, of
the Town Code with Respect to a Variety of Planning and Zoning Matters
WHEREAS, the Town Board is considering the adoption of Local Law —of 2013
which would amend Chapter 240, Zoning, of the Town Code with respect to a variety of
planning and zoning matters; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and
statements set forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law _ of 2013 in the form
annexed hereto; except as specifically modified by the amendments contained
therein, the Town Code as originally adopted and amended from time to time
thereafter is to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
3. The Town Board hereby schedules a public hearing regarding the adoption of
the annexed proposed Local Law —of 2013 for PM on the day of
, 2013 and the Town Clerk is hereby directed to publish notice
thereof in the Town's official newspapers not less than ten (10) days prior to
said public hearing date.
4. The Town Board hereby directs the Town Clerk to act as follows with respect
to the proposed Local Law:
a. To serve a copy of this resolution, the annexed proposed Local Law,
and the public hearing notice to the municipal clerk of each abutting
municipality not less than ten (10) days prior to said public hearing;
b. To serve a copy of this resolution, the annexed proposed Local Law,
and the public hearing notice to the Dutchess County Department of
Planning and Development for advisory review in accordance with
Section 239 of the General Municipal Law; and
C. To distribute a copy of this resolution, the annexed proposed Local
Law, and the public hearing notice to the Town of Wappinger
Planning Board for its review and recommendation pursuant to Section
240-112 of the Zoning Law prior to said public hearing.
Town of Wappinger Page 8 Printed 7/25/2013
Town Board Meeting Minutes July 8, 2013
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2013-181
0
Adopted
Yes/Aye
Yes/Aye
No/Nay
Abstain
Absent
❑
Adopted Amended
Barbara Gutzler
Mover
0
❑
❑
❑
Seconder
as
William H. Beale
Seconder
0
❑
13
❑
❑
Defeated
❑
❑
❑ Withdrawn
Ismay Czamiecki
Voter
0
❑
Tabled
Vincent Bettina
Mover
0
❑
❑
❑
❑
Withdrawn
Ismay Czamiecki
Voter
0
❑
❑
❑
Michael Kuzmicz
Voter
0
❑
❑
Dated: Wappingers Falls, New York
July 08, 2013
The Resolution is hereby duly declared adopted.
RESOLUTION: 2013-183
Resolution Adopting the Town's Participation in Section 41(J) of the New York Retirement
and Social Security Law
WHEREAS, employees of the Town of Wappinger ("the Town") are subject to a plan
established by written policy or under the terms of a collective bargaining agreement that
provides for the regular earning and accumulation of sick leave; and
WHEREAS, the Town acknowledges that its operations, services and employee
productivity are all enhanced when employees are present at work and are not absent any more
than necessary; and
WHEREAS, as an incentive to encourage employees to not misuse sick leave or not use
any more sick leave than is necessary, the Town Board deems it beneficial to the interests of the
Town and the Town's employees to elect participation in Section 410) of the New York
Retirement and Social Security Law, which will permit employees to be granted one day of
additional service credit for each day of accumulated unused sick leave at the time of retirement
from service, and pursuant to the limitations and guidelines set forth in that section.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Wappinger does hereby elect participation in Section 410) of the New York Retirement and
Social Security Law, subject to the limitations and guidelines set forth in that section; and
BE IT FURTHER RESOLVED, that the Town Supervisor, or such person designated
by the Supervisor, execute such documents as may be necessary to effect the purpose of this
Resolution.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2013-183
0
Yes/Aye
No/Nay
Abstain
Absent
Adopted
Barbara Gutzler
Mover
0
❑
❑
❑
❑ Adopted as Amended
William H. Beale
Seconder
0
❑
❑
❑
❑ Defeated
❑ Tabled
Vincent Bettina
Mover
0
❑
❑
❑
❑ Withdrawn
Ismay Czamiecki
Voter
0
❑
❑
❑
Michael Kuzmicz
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
July 08, 2013
The Resolution is hereby duly declared adopted.
e:
IX. Items for Special Consideration
A. Councilman Beale
Councilman Beale informed Highway Superintendent Graham Foster that a sign on
Marlorville Road was knocked over. He also asked Mr. Foster what the procedure is to have a
school bus sign stop sign put up on a county road. Mr. Foster said that the county would need to
be contacted.
Town of Wappinger Page 9 Printed 7125/2013
Town Board Meeting Minutes July 8, 2013
B. Councilman Bettina
Councilman Bettina explained that he has spoken to residents over the years that have
expressed concern over the speed limit on Chelsea Road and River Road. He said that the speed
limit on Route 9D is 45 miles per hour and the limit on Chelsea Road is 40 miles per hour. He
would like the speed limit on Chelsea Road and River Road North be reduced to 30 miles per
hour. He would like the Board to send a letter to the County to have the limit reduced. Highway
Superintendent Graham Foster said that one road is a County road and one is a Town road.
Supervisor Gutzler asked Councilman Bettina to clarify which Road he would like the limit
reduced on. Councilman Bettina said he would like it reduced on Chelsea Road. Councilman
Beale explained that the Town is not in control of the speed limit on the roads. Mr. Foster said
that we request the speed zone and the Department of Transportation approves on rejects it.
Supervisor Gutzler then clarified that Councilman Bettina was requesting that the speed limits be
reduced on Chelsea Road and River Road North. Councilman Bettina made a motion to have
letter sent to the County requesting that the speed limits reduced to thirty miles per hour on
Chelsea Road and River Road North. Councilman Beale seconded the motion and all Board
members voted in favor of the motion.
Motion To: send a letter to the County requesting a reduction of the speed limit on Chelsea
Road and River Road North
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: William H. Beale, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
C. Councilman Kuzmicz
Councilman Kuzmicz said that by the next meeting there should be a resolution for the
Martz Field Bids because Engineer to the Town, Robert Gray, is making good progress.
X. New Business
XI. Town Board Review of Vouchers
RESOLUTION: 2013-182
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 -AA
Vendor
A
(General
Town
wide
B
(General
PartTown)
DB
(Highway
Fund)
AM
(Ambulance
fund)
Camo
25.00
Camo
25.00
Camo
Central Hudson
35.12
Central Hudson
77.99
Central Hudson
455.48
Central Hudson
346.98
K Mart
Town of Wappinger Page 10 Printed 7/25/2013
I',
Town Board Meeting Minutes July 8, 2013
192.05
Home Depot
3.74
Home Depot
23.61
Mid Hudson Fasteners
$59.41
West Payment Center
138.80
First Unim Life Ins
$162.08
232.99
60.78
Carquest
$402.69
..
49.32
Carquest
$70.32
$8.49
Sun -Up Enterprises
Hud River Truck Equip
$2,018.42
Hud River Truck Equip
$971.72
Hud River Truck Equip
$224.34
Hud River Truck Equip
$2,018.42
Craig Bova
$5.00
CSEA HIW
$2,902.62
Optical/Dent
Kurt Adler
909.40
Momma's Towing
85.00
Dept of Water Supply
67.05
Tilcon
$1,939.53
Staples
29.70
Staples
97.86
Matt Moss
$180.50
±r.. Sal Morello
40.00
Nat'l Fire Prot Assoc
165.00
Wells Fargo
435.00
Int'I Code Council Dues
125.00
Gellert & Klein
148.50
Gellert & Klein
16.50
Gellert & Klein
James Baisley
$525.00
Staples
734.19
Staples
121.79
Wells Fargo
349.65
Transcare
$32,916.66
W.B. Mason
CDW Government
89.78
R. Costa Electric
169.80
Allstate
Big Top Portable Toilets
137.00
Morris Assoc
$4,104.95
3,774.14
1,617.51
Morris Assoc
Town of Wappinger Page 11 Printed 7/25/2013
Town Board Meeting
Minutes
July 8, 2013
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Auto Zone
$79.96
39.99
Paetec
577.78
22.96
Grassland Equip
$654.22
In The Pocket T. Basile
650.00
Barbara Gutzler
37.47
Bob Angelo
750.00
JK Power Equip
$172.20
Iseman LLP
132.00
Iseman LLP
$214.50
WM Schultz
Custom Ink
354.78
Troop 86
75.00
Netikka Seward-
Hollaway
100.00
Jazz Pioneers
600.00
Medical Warehouse
68.18
American Printing
87.04
American Printing
40.47
Big Top Portable Toilets
78.50
Iseman LLP
198.00
Camo
Camo
Hudson River Valley
Tours
1,125.00
Jim Poposil
375.00
Edward Hurley
500.00
David Cole
500.00
Totals
$14,022.83
$3,139.39
$16,644.05
$32,916.66
Vendor
CBG
HWN
T33
T96 (Road
(Challenger
(Wappinger
(Parkland
Inspection
Field)
Water Main
Trust Fund)
Escrow)
Project)
Camo
Camo
Camo
$195.00
Central Hudson
Central Hudson
Central Hudson
Central Hudson
K Mart
Home Depot
Home Depot
Mid Hudson Fasteners
West Payment Center
First Unim Life Ins
Town of Wappinger Page 12 Printed 7/25/2013
R
Town Board Meeting Minutes July 8, 2013
Carquest
Carquest
Sun -Up Enterprises
Hud River Truck Equip
Hud River Truck Equip
Hud River Truck Equip
Hud River Truck Equip
Craig Bova
CSEA H/W Optical/Dent
Kurt Adler
Momma's Towing
Dept of Water Supply
Tilcon
Staples
Staples
Matt Moss
Sal Morello
Nat'l Fire Prot Assoc
Wells Fargo
Int'l Code Council Dues
Gellert & Klein
Gellert & Klein
Gellert & Klein
James Baisley
Staples
Staples
Wells Fargo
Transcare
W.B. Mason
CDW Government
R. Costa Electric
Allstate
Big Top Portable Toilets
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Auto Zone
Paetec
Grassland Equip
In The Pocket T. Basile
Barbara Gutzler
Bob Angelo
JK Power Equip
Iseman LLP
Iseman LLP
WM Schultz
Custom Ink
Troop 86
Netikka Seward-
Hollaway
Jazz Pioneers
Medical Warehouse
American Printing
American Printing
Big Top Portable Toilets
Iseman LLP
Camo
Camo
Hudson River Valley
Tours
Jim Poposil
Edward Hurley
David Cole
Totals
Vendor
Camo
Camo
Camo
Central Hudson
Central Hudson
$75,691.25
$75,691.25
Allstate
Voluntary
Ins. (T14)
$92,160.99
$381.50
$677,356.37
$207.00
$769,712.36
$381.50
$207.00
WF
WH (Watch
WT (Tall
(Fleetwood
Hill Water
Trees Water
Water fund)
fund)
Fund)
Town of Wappinger Page 13 Printed 7/25/2013
Town Board Meeting Minutes July 8, 2013
Central Hudson
Central Hudson
K Mart
Home Depot
Home Depot
Mid Hudson Fasteners
West Payment Center
First Unim Life Ins
Carquest
Carquest
Sun -Up Enterprises
Hud River Truck Equip
Hud River Truck Equip
Hud River Truck Equip
Hud River Truck Equip
Craig Bova
CSEA H/W Optical/Dent
Kurt Adler
Momma's Towing
Dept of Water Supply
Tilcon
Staples
Staples
Matt Moss
Sal Morello
Nat'l Fire Prot Assoc
Wells Fargo
Int'I Code Council Dues
Gellert & Klein
Gellert & Klein
Gellert & Klein
James Baisley
Staples
Staples
Wells Fargo
Transcare
W.B. Mason
CDW Government
R. Costa Electric
Allstate
Big Top Portable Toilets
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Auto Zone
Paetec
Grassland Equip
In The Pocket T. Basile
Barbara Gutzler
Bob Angelo
JK Power Equip
Iseman LLP
Iseman LLP
WM Schultz
Custom Ink
Troop 86
Netikka Seward-
Hollaway
Jazz Pioneers
Medical Warehouse
American Printing
American Printing
Big Top Portable Toilets
Iseman LLP
Camo
Camo
Hudson River Valley
Tours
Jim Poposil
Edward Hurley
David Cole
Totals
$866.08
$2,250.00 $1,541.67
$866.08 $2,250.00 $1,541.67
$2,908.33
$2,908.33
Town of Wappinger Page 14 Printed 7/25/2013
Town Board Meeting Minutes July 8, 2013
Vendor
WU (United SF SM (Mid SW (Wildwood
Wapp. Water (Fleetwood Point Park Sewer fund)
Fund) Sewer fund) Sewer fund)
Camo
Camo
Camo
Central Hudson
Central Hudson
Central Hudson
Central Hudson
K Mart
Home Depot
Home Depot
Mid Hudson Fasteners
West Payment Center
First Unim Life Ins
Carquest
Carquest
Sun -Up Enterprises
Hud River Truck Equip
Hud River Truck Equip
Hud River Truck Equip
Hud River Truck Equip
Craig Bova
CSEA H/W Optical/Dent
Kurt Adler
Momma's Towing
Dept of Water Supply
Tilcon
Staples
Staples
Matt Moss
Sal Morello
Nat'l Fire Prot Assoc
Wells Fargo
Int'I Code Council Dues
Gellert & Klein
Gellert & Klein
Gellert & Klein
James Baisley
Staples
Staples
Wells Fargo
Transcare
W.B. Mason
CDW Government
R. Costa Electric
Allstate
Big Top Portable Toilets
Morris Assoc
$1,945.96
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Auto Zone
Paetec
Grassland Equip
In The Pocket T. Basile
Barbara Gutzler
Bob Angelo
JK Power Equip
Iseman LLP
Iseman LLP
WM Schultz
Custom Ink
Troop 86
Netikka Seward-
Hollaway
Jazz Pioneers
Medical Warehouse
American Printing
American Printing
Big Top Portable Toilets
Iseman LLP
Camo
$8,168.33 $9,708.33 13166.67
Camo
$68,329.17
Hudson River Valley
Town of Wappinger Page 15 Printed 7/25/2013
Town Board Meeting
Tours
Jim Poposil
Edward Hurley
David Cole
Totals $70,275.13
Minutes
$8,168.33 $9,708.33 $13,166.67
July 8, 2013
Vendor
SU
(United
Wapp.
Sewer
fund
T92
(Planning &
Zoning
Escrows)
Paid
Town Board
Hold
Camo
25.00
Camo
25.00
Camo
195.00
Central Hudson
35.12
Central Hudson
77.99
Central Hudson
455.48
Central Hudson
346.98
K Mart
192.05
Home Depot
3.74
Home Depot
23.61
Mid Hudson Fasteners
59.41
West Payment Center
138.80
First Unim Life Ins
455.85
Carquest
452.01
Carquest
78.81
Sun -Up Enterprises
75,691.25
Hud River Truck Equip
2,018.42
Hud River Truck Equip
971.72
Hud River Truck Equip
224.34
Hud River Truck Equip
2,018.42
Craig Bova
5.00
CSEA H/W
Optical/Dent
2,902.62
Kurt Adler
909.40
Momma's Towing
85.00
Dept of Water Supply
67.05
Tilcon
1,939.53
Staples
29.70
Staples
97.86
Matt Moss
180.50
Sal Morello
40.00
Nat'l Fire Prot Assoc
165.00
Wells Fargo
435.00
Int'I Code Council Dues
125.00
Gellert & Klein
148.50
Gellert & Klein
16.50
Gellert & Klein
$1,023.00
1,023.00
James Baisley
525.00
Staples
734.19
Staples
121.79
Wells Fargo
349.65
Transcare
32,916.66
W.B. Mason
$21.44
21.44
CDW Government
89.78
R. Costa Electric
169.80
Allstate
866.08
Town of Wappinger Page 16 Printed 7/25/2013
F�
-0
Town Board Meeting Minutes July 8, 2013
Big Top Portable Toilets 137.00
Morris Assoc 1$4,405.44 1$5,414.20
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Auto Zone
Paetec
Grassland Equip
In The Pocket T. Basile
Barbara Gutzler
Bob Angelo
JK Power Equip
Iseman LLP
Iseman LLP
WM Schultz
Custom Ink
Troop 86
Netikka Seward-
Hollaway
Jazz Pioneers
Medical Warehouse
American Printing
American Printing
Big Top Portable Toilets
Iseman LLP
Camo
$56,833.33
$483.00
$368.00
$69.00
$250.70
21,469.20
483.00
92,160.99
749.50
69.00
250.70
119.95
600.74
654.22
650.00
37.47
750.00
172.20
132.00
214.50
677, 356.37
354.78
75.00
100.00
600.00
68.18
87.04
40.47
78.50
198.00
87,876.66
Camo
75,029.17
Hudson River Valley
Tours 1,125.00
Jim Poposil 375.00
Edward Hurley 500.00
David Cole 500.00
Totals $61,260.21 $7,607.90 $37,975.35 $1,050,666.64 $1,825.70
9 64 4
$1,090,467.69 $1,090,467.69
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 July 8, 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 RIES-2013-182
D Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Barbara Gutzler
Voter
a
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
0
❑
❑
❑
❑ Tabled
Vincent Bettina
Mover
❑
❑
❑ Withdrawn
Ismay Czamiecki
Voter
8
❑
❑
❑
Michael Kuzmicz
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
July 08, 2013
The Resolution is hereby duly declared adopted.
Town of Wappinger Page 17 Printed 7/25/2013
Town Board Meeting Minutes July 8, 2013
XII. Adjournment
XIII. Motion To: Wappinger Adjournment & Signature
The meeting adjourned at 9:45PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
7 Jessica Fulton
Deputy Town Clerk
Town of Wappinger Page 18 Printed 7/25/2013