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2013-10-28 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda — Michael J. Leonard Town Clerk Monday, October 28, 2013 7:30 PM Town Hall I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Minutes Approval Monday, October 07, 2013 V. Correspondence Log 2013-236. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Portion VII. Public Hearings Chapter 240, Zoning of the Town Code with Respect to Boardinghouses and Rooming Houses VIII. Discussions IX. Resolutions 2013-237. Resolution Adopting Local Law of 2013 Which Would Amend Chapter 240, Zoning, of the Town Code with Respect to Boadinghouses and Rooming Houses 2013-238. Resolution Authorizing Payment of Real Estate Taxes for Recently Acquired Recreation Parcel 2013-239. Authorizing Town Supervisor to Execute Agreement for Professional Services with WSDG for Acoustic Consulting Services, As Amended 2013-240. Authorizing Return of Escrow Deposited to Insure Proper Stabilization/Seeding for 14 Scotse Road 2013-241. Resolution Authorizing Return of Escrow Deposited to Insure Proper Stabilization/Seeding for 18 Scotse Road 2013-242. Resolution Authorizing Return of Escrow Deposited to Insure Proper Grading, Seeding and Mulch for 23 Scotse Road 2013-243. Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Split Rail Fence for 19 Scotse Road 2013-244. Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Driveway, Striping, Paving, and Seeding for 12 Barristers way 2013-245. Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Driveway, Grading, Seeding and Tree Plantings for 24 Scotse Road 2013-246. Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Driveway and Seeding for 44 Tuscany Drive 2013-247. Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Driveway for 4 Maloney Drive X. Items for Special Consideration XI. New Business XII. Executive Session XIII. Town Board Review of Vouchers 2013-248. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2013-249. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIV. Adjournment 6W Town of Wappinger Page 1 Printed 10/24/2013 J Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us ^ Minutes ^' Michael J. Leonard Town Clerk Monday, October 28, 2013 7:30 PM Town Hall IV. V. Call to Order Supervisor Barbara Gutzler called the meeting to order at 7:30 PM. _._. Barbara Gutzler Town of Wappmger Supervisor Status ;Arrived i Present Willia.. Beale., H.tina Town of Wappmger .,...... .,. Councilman .F ,... Present Vincent Bet l Town of Wappinger Town Wappinger Wahael Councilman 3 Present , of Councilwoman Present Michael Kuzmicer Kuzmicz Town of Wger Councilman Present . Albert Roberts ., Town of Wappmger t .. Attorney to the Town ;Present Graham Foster i Town of Wappmger Highway Superintendent 1 Present Robert Gray Town of Wappinger Engineer to the Town , ....... Present David Stolman Town of Wappinger Town Planner Present s Salute to the Flag Adoption of Agenda Motion To: Adopt the Agenda RESULT: ` ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki Kuzmicz Minutes Approval Monday, October 07, 2013 RESULT: ACCEPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Correspondence Log RESOLUTION: 2013-236 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. Town of Wappinger Page 1 Printed 1116/2013 Town Board Meeting Minutes October 28, 2013 W The foregoing was put to a vote which resulted as follows: Vote it%cor'd= I? esolution ICES -2Q'13-236 ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 8 ❑ ❑ ❑ ❑ Adopted as Amended William H Beale Voter El El I ❑ ❑ ❑Defeated ❑ Tabled Vincent Bettina Mover € ❑ ❑ _.. ❑ ._. ❑ Withdrawn Ismay Czamiecki Secondee D ❑ ❑ ❑ ❑ Michael Kuzmicz Voter 8 ❑ ❑ Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. Public Portion Motion To: Open the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Public Comment Resident Mary Schmaltz dispersed papers to the Board concerning the Greenway Trail meeting. She then asked what WSDG stood for. Supervisor Gutzler responded that it stood for Walter Stork Design Group. Mrs. Schmaltz then asked what recreation property the resolution paying real estate taxes referred too. Supervisor Gutzler explained that it was property adjacent to Robinson Lane. That parcel was deeded to the Town. Gary Lindstrom informed the Board that this week's agenda was placed on the Town's website on Friday. The previous meeting's agenda had been published late, but this one was timely. 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 VII. Public Hearings Motion To: Open the public hearing Attorney to the Town, Albert Roberts, explained that this zoning amendment would bring a particular property up to code. The building had been there in excess of 60 years. However, there had been a fire on the property and the reconstruction was at variance with the code. Therefore, the owner Mr. Shah had been delayed in his reconstruction. In the code amendment, there was a regulation that the boarding house should have been in existence since the creation of the zoning code. Dutchess County Planning objected to that. David Stolman, Town Planner stated that this zoning amendment was not made for just one particular property. It would allow boarding houses in the HB zone. Mr. Cantor spoke at the hearing saying that he hoped the amendment would pass. Councilman Beale asked for clarification on what an efficiency unit was. Mr. Stolman explained that it was comparable to a studio apartment. Councilman Beale then asked what a boarding house being occupied on a "non -transient" basis meant. Mr. Stolman responded that it was longer term than residence at for example a hotel. Councilman Beale asked if the fire code regulations for a multi dwelling would apply. Mr. Stolman said that the Boarding house Stone Gate would have sprinklers. The Public hearing was adjourned until November 12, 2013. Town of Wappinger Page 2 Printed 11/612013 Town Board Meeting Minutes October 28, 2013 RESULT: MOVER: SECONDER' AYES: ADOPTED [UNANIMOUS] Vincent Bettina, Councilman Michael Kuzmicz, Councilman Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Chapter 240, Zoning of the Town Code with Respect to Boardinghouses and Rooming Houses RESULT: ADJOURNED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VIII. Discussions A. Sgt. Begor- Wappinger Patrol Sgt Begor stated that the Computer Mobile Data Units in the Town Patrol cars needed updating because there would be changes to Verizon's service. Sgt. Begor then described how if anything went wrong with the system in the cars, there would be no way to fix them because Verizon will no longer offer support. The same problem applies to the Town's radar equipment this new equipment would cost $5373.16, total for new Mobile Data Units and Radar for both patrol cars. Sgt Begor said that there is money in the budget for this purchase. Councilman Kuzmicz asked how late in the year he puts out the speed monitoring machine. Sgt. Begor responded that it is put out wherever it is requested or needed. Councilman Kuzmicz said he would contact Sgt Begor. Councilman Bettina said that he had been waiting for the machine. The speed limit on Chelsea Road had been reduced. to 30MPH and people were still driving fast on that road. Councilman Bettina also requested that a schedule be put out to inform the Board where the machine would be. Supervisor Gutzler said she had been on Chelsea Road and that people still drove very fast. Councilman Beale said that going into 2014 the 'Town should look into the options for doing speed and traffic enforcement. Councilman Bettina asked what had to be done to have a blind person area sign put up in Chelsea because he has a resident who is legally blind and would like to walk on the road. Attorney to the Town Albert Roberts said that who puts it up depends on who owns the road. Councilman Beale asked if there was going to be additional patrols on Halloween. Sgt. Begor stated that there would be extra patrols on Halloween and the night before. Councilman Beale asked if the 'Town had a curfew time. Sgt Begor said he would look it up and contact the Board. Sgt Begor then explained that there are some grants that help fund traffic enforcement programs that he could look into. Motion To: Transfer $5400 from .100 Line to fund Town Patrol Equipment RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale; Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina; Czamiecki, Kuzmicz IX. Resolutions RESOLUTION: 2013-237 Resolution Adopting Local Law of 2013 Which Would Amend Chapter 240, Zoning, of the Town Code with Respect to Boadinghouses and Rooming Houses WHEREAS, a resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law #_ of 2013, for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to Boardinghouses and Rooming Houses" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and Town of Wappinger Page 3 Printed 11/6/2013 Town Board Meeting Minutes October 28, 2013 WHEREAS, a Public Hearing was held on October 28, 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, for the purpose of Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Wappinger Environmental Quality Review Law (WEQR) which establishes locally designated Type I actions), the Proposed Action is the adoption of the proposed Local Law as well as Special Permit and Site Plan Approvals of an existing boardinghouse; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to SEQRA and WEQR; and WHEREAS, after performing a designation of Lead Agency procedure in accordance with SEQRA, the Planning Board became the Lead Agency for this action; and WHEREAS, after considering the potential environmental impacts with respect to the Proposed Action, the Planning Board, as Lead Agency, issued a Negative Declaration, thereby finding that the Proposed Action will have no significant adverse impacts upon the environment, and thereby ending the SEQRA process with respect to this matter; 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 Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law —of 2013, a copy of which is attached hereto and made a part of this Resolution; 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. 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 to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: vote Wcord.- 06mutiori 09-2613 Yes/Aye No/Nay Abstain Absent ❑ Adopted Barbara Gutzler ❑ ❑ ❑ ❑ ❑ Adopted as Amended William H. Beale ❑ ❑ ❑ ❑ ❑ Defeated _ .... ............. .... .... ............... ❑ Tabled Vincent Bettina ❑ ❑ ❑ ❑ 8 Withdrawn .. .... Ismay Czarniecki ❑ ........... ...... .... ❑ ❑ .... ❑ Michael Kuzmicz ❑ _.. ❑ ❑ ❑ Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-238 Resolution Authorizing Payment of Real Estate Taxes for Recently Acquired Recreation Parcel WHEREAS, the Town of Wappinger was donated a 51.72 acre parcel located on Robinson Lane, adjacent to the Robinson Lane Recreation Fields; and WHEREAS, the subject parcel was subject to real property taxation because the property was listed on the current real property tax assessment roll prior to the parcel being transferred to the Town, and consequently, there is an outstanding school tax bill in the amount of $8,169.53 for fiscal year July 1, 2013 through June 30, 2014 and there will be a state/county/town tax levied for fiscal year 2014 in an amount unknown; and WHEREAS, the property will be removed from the tax assessment rolls for future tax years; and WHEREAS, payment of these taxes is a permitted expenditure from the Town's Parkland Trust account. Town of Wappinger Page 4 Printed 11/6/2013 Town Board Meeting Minutes October 28, 2013 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes payment of any school district tax bill in the amount of $8,169.53, together with any accrued interest or penalty for fiscal year July 1, 2013 through June 30, 2014. 3. The Town Board further authorizes payment of the ensuing state/county/town tax bill for fiscal year 2014 when the same is issued in calendar year 2014. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013=238:'' ; 0 Adopted f.... Yes/Aye No/Nay i Abstain Absent ❑ Adopted as Amended Barbara GutzlerVoter .. 0 .. ❑ ❑ ❑ ❑ Defeated William H. Beale Voter ( 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina I Voter 0 ❑ I ❑ ❑ ❑Withdrawn Ismay CzamzTeck► i Mover i 0 ❑ ❑ ❑ Ivlchael Ku micz i Seconder, 0 ❑ ❑ ( ❑ Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-239 Authorizing Town Supervisor to Execute Agreement for Professional Services with WSDG for Acoustic Consulting Services, As Amended WHEREAS, the Town is in need of acoustic consulting services in connection with noise monitoring of the construction project at the NYC DEP Shaft 6 B site in Chelsea Hamlet; and WHEREAS, Walters-Storyk Design Group (WSDG) has been determined to be a qualified acoustical engineering firm capable of providing such acoustic consulting services; and WHEREAS, the Town Board hereby approves WSDG as a qualified acoustic consulting services firm and hereby authorizes the Town Supervisor to execute the "Agreement for Professional Services" with WSDG, as amended, for acoustic consulting services as hereinafter provided. 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 agrees to authorize the Town Supervisor to execute the "Agreement for Professional Services" with WSDG, as amended, for acoustic consulting services, a copy of which is attached hereto. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -21113430 ' .: 0 Adopted f.... Yes/Aye i NoO ay Abstain j Absent ❑ Adopted as Amended Barbara Gutzler } Voter ❑ r ❑ ❑Defeated William H. Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina ,Mover I .__ 0 ❑ ❑ ❑ ❑ Withdrawn lsmay Czamiecki Secondert 0 ❑ l7 ; ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 5 Printed 11/6/2013 Town Board Meeting Minutes October 28, 2013 RESOLUTION: 2013-240 Authorizing Return of Escrow Deposited to Insure Proper Stabilization/Seeding for 14 Scotse Road WHEREAS, on or about April 11, 2013, Mid -Hudson Development. Corporation posted One Thousand Five Hundred Dollars ($1,500.00) to be held in escrow with the Town of Wappinger to insure proper stabilization/seeding of disturbed areas for premises located at 14 Scotse Road; and WHEREAS, Engineer to the Town, Robert J. Gray, and Code Enforcement Officer, Salvatore Morello, 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 One Thousand Five Hundred Dollars ($1,500.00) to Mid -Hudson Development. The foregoing was put to a vote which resulted as follows: Vote Record . Resolution RES -1613446, 0 Ado ted p Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑Adopted as Amended Barbara Gutzler Voter 0 ❑ G 0 ? ❑ ❑ Defeated William H Beale Voter 0 ❑ O ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Mover 0 ❑ CI ❑ Michael Kuzmicz Seconder. 0 E Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-241 Resolution Authorizing Return of Escrow Deposited to Insure Proper Stabilization/Seeding for 18 Scotse Road WHEREAS, on or about December 12, 2012, Mid -Hudson Development Corporation posted One Thousand Five Hundred Dollars ($1,500.00) to be held in escrow with the Town of Wappinger to insure proper stabilization/seeding of disturbed areas for premises located at 18 Scotse Road; and WHEREAS, Engineer to the Town, Robert J. Gray, and Code Enforcement Officer, Salvatore Morello, 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 One Thousand Five Hundred Dollars ($1,500.00) to Mid -Hudson Development. The foregoing was put to a vote which resulted as follows: ✓ VUte'Reiord - Resolution RM2013-241 0 Ado ted p Yes/Aye No/Nay Abstain Absent „ El Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale Voter 0 ❑ ❑❑ .... ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑Withdrawn Isma Czarniecki ' Mover 0 El❑ ... ❑ Michael Kuzmicz Seconder 0 ❑ ❑ 3. ❑ Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 11/6/2013 Town Board Meeting Minutes October 28, 2013 RESOLUTION: 2013-242 Resolution Authorizing Return of Escrow Deposited to Insure Proper Grading, Seeding and Mulch for 23 Scotse Road WHEREAS, on or about January 31, 2013, Mid -Hudson Development Corporation posted One Thousand Eight Hundred Fifty Dollars ($1,850.00) to be held in escrow with the Town of Wappinger to insure proper grading, seeding and mulch of disturbed areas for premises located at 23 Scotse Road; and WHEREAS, Engineer to the Town, Robert J. Gray, and Code Enforcement Officer, Salvatore Morello, 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 One Thousand Eight Hundred Fifty Dollars ($1,850.00) to Mid -Hudson Development. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -1013-242: 0 Adopted p .. j Yes/Aye ± No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler 1 Voter ® i . ❑ f ❑ ❑ ❑ Defeated William H Beale I Voter 1 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter i El — D ❑ ❑ ❑ Withdrawn Isma Czamieck�I y ..;. Mover . 0 ❑ I ❑ ❑ Michael Kuzmicz ! Seconder; 0 ❑ p ❑ Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-243 Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Split Rail Fence for 19 Scotse Road WHEREAS, on or about May 28, 2013, Mid -Hudson Development Corporation posted One Thousand Dollars ($1,000.00) to be held in escrow with the Town of Wappinger to insure the satisfactory installation of a split rail fence for premises located at 19 Scotse Road; and WHEREAS, Engineer to the Town, Robert J. Gray, and Zoning Administrator, Barbara Roberti, 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 One Thousand Dollars ($1,000.00) to Mid -Hudson Development Corporation. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2013-243 0 Adopted .. Yes/Aye I No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 1 ❑ ❑ ❑Defeated Witham H Beale Voter ® D O ❑ ❑ Tabled Vincent Bettina Voter 0 i ❑ ❑ ❑ 11 Withdrawn lsmay Czamiecki }Mover ® ❑ ❑ { ❑ Michael Kuzmicz Seconder ® i ❑ ❑ ❑ Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. Town of [1'appinger Page 7 Printed 111612013 Town Board Meeting Minutes October 28, 2013 RESOLUTION: 2013-244 Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Driveway, Striping, Paving, and Seeding for 12 Barristers way WHEREAS, on or about February 22, 2013, Allen Kaplan, President/Owner of Kaplan Insurance, posted Six Thousand Dollars ($6,000.00) to be held in escrow with the Town of Wappinger to insure the satisfactory installation of a driveway, including striping, paving and seeding of disturbed areas for premises located at 12 Barrister's Way; and WHEREAS, Engineer to the Town, Robert J. Gray, and Zoning Administrator, Barbara Roberti, 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 Six Thousand Dollars ($6,000.00) to Allan Kaplan, 12 Barrister's Way, Wappingers Falls, New York 12590. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - esolufiori ItE&200444 . Yes/Aye No/Nay Abstain i Absent El Adopted .. _... ❑Adopted as Amended Barbara Gutzler - - - Voter - D - ❑ ❑ -- ❑ ❑ Defeated William H. Beale ; Seconder 0 ❑ ... ❑ ❑ ❑ Tabled Vincent Bettina Mover Cil ❑ ❑ ❑ ❑ Withdrawn ..... IsnW Czarniecki Voter 0 ❑i ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-245 Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Driveway, Grading, Seeding and Tree Plantings for 24 Scotse Road WHEREAS, on or about February 21, 2013, Mid -Hudson Development Corporation posted Eight Thousand Dollars ($8,000.00) to be held in escrow with the Town of Wappinger to insure proper installation of driveway, grading, seeding and tree plantings of disturbed areas for premises located at 24 Scotse Road; and WHEREAS, Engineer to the Town, Robert J. Gray, and Zoning Administrator, Barbara Roberti, 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 Eight Thousand Dollars ($8,000.00) to Mid -Hudson Development. The foregoing was put to a vote which resulted as follows: .r Voice Aecurd - $esolution RE84013448 r ,, x:.. Yes/Aye No/Nay Abstain Absent El Adopted .. _... ❑Adopted as Amended Barbara Gutzler Voter D ❑ ❑ ❑ ❑ Defeated William H. Beale Voter 0 _. ❑ ❑ ❑ ❑ Tabled Vincent Bettina ; Voter l ❑ ❑ ❑ ( ❑ Withdrawnlsmay Czarniecki Mover 8 ❑ ... ❑ ❑ Michael Kuzmicz Seconder ❑ ❑ ❑ Dated: Wappingers Falls, New York October 28, 2013 Town of lVappinger Page 8 Printed 1116/2013 Town Board Meeting Minutes October 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-246 Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Driveway and Seeding for 44 Tuscany Drive WHEREAS, on or about January 25, 2013, Creekview, LTD., posted Three Thousand Dollars ($3,000.00) to be held in escrow with the Town of Wappinger to insure the satisfactory installation of a driveway and seeding of disturbed areas for premises located at 44 Tuscany Drive; and WHEREAS, Engineer to the Town, Robert J. Gray, and Zoning Administrator, Barbara Roberti, 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 Dollars ($3,000.00) to Creekview, LTD. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-246 0 Ado ted P i Yes/Aye No/Nay ! Abstain Absent ❑ Adopted as Amended Barbara Gutzler i Voter 0 ❑ ❑ I ❑ ❑ Defeated William H Beale Mover 0 3 ❑ ❑ ❑ ❑ Tabled Vincent Bettina ;Voter 0 ❑ € ❑ ❑ ❑ Withdrawn Ismay zarniecki Voter 0 p........_ ❑ ❑ Michael Kuzmicz I Seconder, 0 11 y. _ ❑ ❑ Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-247 Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Driveway for 4 Maloney Drive WHEREAS, on or about February 8, 2010, Lisa and Kevin Roys posted One Thousand Five Hundred Dollars ($1,500.00) to be held in escrow with the Town of Wappinger to insure the satisfactory installation of a driveway for premises located at 4 Maloney Drive; and WHEREAS, Engineer to the Town, Robert J. Gray, and Zoning Administrator, Barbara Roberti, 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 One Thousand Five Hundred Dollars ($1,500.00) to Lisa and Kevin Roys, 4 Maloney Drive, Wappingers Falls, New York 12590. The foregoing was put to a vote which resulted as follows: +� Vote Record-1116oitition RES -3013 247 0 Ado ted p 1 Yes ye No/Nay i Abstain Absent ❑ Adopted as Amended r Babara Gutzler _ Voter , 0 � 0 € ❑ ❑ ❑Defeated William H Beale Voter ® I O ❑ ❑ ❑ Tabled _. Vincent Bettina _. Voter 0 ' ❑ ❑ 11 ❑ ❑ Withdrawn Ismay Czarniecki ; Seconden 0 ❑ ❑ Michael Kuzmicz Mover i 0 Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 9 Printed 11/6/2013 Town Board Meeting Minutes October 28, 2013 X. Items for Special Consideration XI. New Business Supervisor Gutzler Supervisor Gutzler informed the Board that on Wednesday, several people in the Code Enforcement office became dizzy and were evacuated from the office. Hughsonville Fire was called and asked to check for carbon monoxide. None was found. A company called Quest carne in to check the air duality. None was found, but there was mold found in the air handlers. Robert Gray, Engineer to the Town called an Indoor Air Care to come inspect the duct work. The company came up with a proposal of work to remove the mold. The estimate was $15,000- $20,000. Robert Gray explained that the work would be done at night. He said it would take between three and five 8 hour night shifts. There may be some conflicts with the court schedule, but it could. be worked around. He said they are ready to go as soon as it's authorized. Councilman Bettina stated that there needs to be preventative care done. Councilwoman Czarniecki moved and Councilman Kuzmicz seconded, that the Supervisor move forward to have the mold removed. Mr. Gray then proposed an air quality study to be done by Quest. They would study the air over 48 hours and then provided results. Mr. Gray then explained a way that fresh air could be circulated through the building. Councilman Beale motioned to use the Quest Air Monitoring Proposal. Councilman Kuzmicz seconded. The motion passed. Motion To: Move forward with Mold Removal ............................. RESULT: ...................................... .............................. . ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: Use Quest for Air Monitoring RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Councilman Beale Councilman Beale asked about whether there were carbon monoxide detectors in the building. He then suggested that carbon monoxide detectors possibly be set up in the building. Councilman Beale explained that in about 2006 signs had been put up at the entrances to the Town. Some of these signs now need to be replaced or maintained. He asked if there was money in the budget to have these signs fixed. Supervisor Gutzler said there should be funds at the end of the year. Councilman Bettina Councilman Bettina told the Board that there is no flag on the flag pole at the Castle Point Recreation site. Supervisor Gutzler said the pulley on the flag pole was broken. She said that the monument down there and the flag pole should be maintained. Councilman Bettina said. that he believed that a maintenance plan should be put in place for Town Hall. He said that the building inspectors should be occasionally going through the building and inspecting for problems. Councilman Kuzmicz Councilman Kuzmicz thanked everyone who came out for the Town's Halloween Celebration. He then stated that there are other events coming up such as the Veteran's day ceremony that he hoped people would attend. Resident Comment Resident Richard Kaelin came before the Board with a concern about the Recycle Center. He explained that he does not own a truck. Now the Town has a. policy that the sticker permit Town of Wappinger Page 10 Printed 11/6/2013 Town Board Meeting Minutes October 28, 2013 needs to be on the resident's car. Before, his friend would help him move larger items in his trick. Now, this friend could not bring that truck into the Recycle Center. He said that he feels lie is being penalized for not owning a truck. While he has the right to bring large items to the Recycle Center, but can't because of the car he owns. To bring those large items lie would have to pay an additional fee. Residents who already own trucks are not required to pay this fee. Councilman Beale proposed that residents who have already purchased Recycle Center Permits not have to pay for single use permits to use a different vehicle. Councilwoman Czarniecki said that she could support that with limits on how often that could be used. Highway Superintendent Graham Foster explained that before the Board changed the rules, people with permits were allowed to have someone with a pickup truck follow them in. Mr. Kaelin asked for a one time waiver to be able to use his friend's truck to have his furniture removed. Councilman Beale moved that Mr. Kaelin be given a single use pass for free this one time. Councilman Bettina seconded the motion. It was carried unanimously. Motion To: Richard Caelin allowed free single use pass RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki; Kuzmicz XII. Executive Session XIII. Town Board Review of Vouchers RESOLUTION: 2013-248 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2013 -TT Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) CBG (challenger Baseball Field) Central Hudson 555.40 Central Hudson 42.18 Central Hudson 2,306.44 Central Hudson 157.31 Poughkeepsie Journal $53.95 Southern Dut News $57.81 Southern Dut News 176.77 Signal Graphics 30.57 DC Sheriff 17,093.13 James Baisley $825.00 Bottoni Fuel $7,607.71 Corbin Excavating $594.00 West Law Payment Center 277.60 Legion Fireworks 3,000.00 H O Penn $394.99 Tri -Muni Sewer Comm Chemung Supply Petty Cash Reimb M Town of Wappinger Page 11 Printed 11/6/2013 Town Board Meeting Price Petty Cash Reimb M Price Arkel Motors Global Translation Cryo Weld Tilcon Staples Staples Wells Fargo Gellert & Klein Gellert & Klein Poland Spring C&C Hydraulics AIIState Big Top Porta Johns Cornerstone Phone Dave Montfort Reimburse Amazon Amazon Fredrick Awino Reimburse Paetec Phone 103.00 26.92 140.00 44.57 29.98 327.56 385.98 195.50 358.43 18.10 21.48 45.77 613.71 Minutes 214.50 34.92 30.78 $651.55 $242.75 $220.60 $360.77 $400.00 Hudson Cadillac Buick $241.01 DC Public Transit 13,860.00 Autio-Video Corp 1,235.97 Totals $23,776.47 $17,550.10 $11,538.38 $111.76 OC Vendor SU (United HWG T14 (Allstate T92 Wapp. Sewer (Wildwood Dr voluntary (Planning & fund) & Granger ins.) Zoning Place Escrows) Project) Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Journal Southern Dut News Southern Dut News Signal Graphics DC Sheriff James Baisley Bottoni Fuel Corbin Excavating West Law Payment tober 28, 2013 Town of Wappinger Page 12 Printed 11/6/2013 Town Board Meeting Minutes October 28, 2013 Center Legion Fireworks H O Penn Tri -Muni Sewer Comm $201,060.10 Chemung Supply $57,420.00 Petty Cash Reimb M Price Petty Cash Reimb M Price Arkel Motors Global Translation Cryo Weld Tilcon Staples Staples Wells Fargo Gellert & Klein $247.50 Gellert & Klein Poland Spring C&C Hydraulics AIIState $866.08 Big Top Porta Johns Cornerstone Phone Dave Montfort Reimburse Amazon Amazon Fredrick Awino Reimburse Paetec Phone Hudson Cadillac Buick DC Public Transit Autio-Video Corp Totals $201,060.10 $57,420.00 $866.08 $247.50 Vendor Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Journal Southern Dut News Southern Dut News Signal Graphics DC Sheriff James Baisley Bottoni Fuel Corbin Excavating West Law Payment Center Legion Fireworks H O Penn $312,570.39 Paid Town Board Hold 555.40 42.18 2,306.44 157.31 53.95 57.81 176.77 30.57 17,093.13 825.00 7,607.71 594.00 277.60 3,000.00 394.99 Town of Wappinger Page 13 Printed 11/6/2013 Town Board Meeting Minutes October 28, 2013 ❑ Adopted as Amended .... ❑ Defeated Tri -Muni Sewer Comm 201, 060.10 Chemung Supply 57,420.00 Petty Cash Reimb M Price 103.00 Petty Cash Reimb M Price 26.92 Arkel Motors 651.55 Global Translation 140.00 Cryo Weld 242.75 Tilcon 220.60 Staples 44.57 Staples 29.98 Wells Fargo 327.56 Gellert & Klein 247.50 Gellert & Klein 214.50 Poland Spring 385.98 C&C Hydraulics 360.77 AIIState 866.08 Big Top Porta Johns 195.50 Cornerstone Phone 393.35 Dave Montfort Reimburse 400.00 Amazon 18.10 Amazon 21.48 Fredrick Awino Reimburse 45.77 Paetec Phone 644.49 Hudson Cadillac Buick 241.01 DC Public Transit 13, 860.00 Autio-Video Corp 1,235.97 Totals $3,927.41 $308,642.98 $0.00 5 36 0 $312,570.39 I, Michael J. Leonard, 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 October 28, 2013, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: v/Foie Ret ord'-''tesolution ICES=2t%�3�248 D Adopted v _ Yes/Aye i No/Nay { Abstain Absent ❑ Adopted as Amended .... ❑ Defeated Barbara Gutzler Voter _ , _ ___Ef .. ❑. .. _. _ Town of Wappinger Page 14 Printed 11/6/2013 Town Board Meeting Minutes October 28, 2013 :1 Tabled William H Beale I Seconder ® ❑ ; p J Withdrawn Vincent Bettina - Mover f I f ® _ p ❑ p Ismay Czamiecki I Voter... � ❑ _.. ij p _ Michael Kuzmicz Voter _.;.._ B ❑ ; ❑ p Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-249 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2013-UI1 Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) WU (United Wapp. Water Fund) Camo Central Hudson 78.48 Poughkeepsie Journal $84.14 MVP Health Ins 19,394.05 19,812.66 3,906.72 MVP Health Gold 3,266.80 Carquest $264.26 Carquest $302.70 Rt 82 Sand & Gravel Frederick P Clark 3,602.50 Frederick P Clark Frederick P Clark Frederick P Clark Frederick P Clark Frederick P Clark Frederick P Clark Dept of Water Supply 67.08 McGrath & Co 2,000.00 Sal Morello Work Boots 117.98 Sneider Electric $606.00 Wells Fargo 272.42 272.43 Sue Dao Work Boots 68.30 Iseman 33.00 Iseman $280.50 American Printing 16.78 Totals $25,547.22 $7,967.93 $20,847.51 $84.14 Vendor SU (United HWG T96 (Road T92 (Planning Town of Wappinger Page 15 Printed 111612013 Town Board Meeting Minutes October 28, 2013 $86,949.91 Vendor Wapp. Sewer (Wildwood Dr Inspection & Zoning fund) & Granger Escrows) Escrows) 500.00 Place Project) 78.48 Camo Poughkeepsie Journal 500.00 Central Hudson 168.27 MVP Health Ins Poughkeepsie Journal $84.13 43,113.43 MVP Health Ins MVP Health Gold MVP Health Gold 3,266.80 Carquest Carquest 264.26 Carquest Rt 82 Sand & Gravel $11,337.18 302.70 Frederick P Clark Rt 82 Sand & Gravel Frederick P Clark 11,337.18 $9,380.00 Frederick P Clark $4,134.00 Frederick P Clark Frederick P Clark $3,551.80 Frederick P Clark 9,380.00 $249.00 Frederick P Clark $873.00 Frederick P Clark 4,134.00 Frederick P Clark $2,394.00 Dept of Water Supply McGrath & Co Frederick P Clark Sal Morello Work 249.00 Frederick P Clark Boots Sneider Electric 873.00 Frederick P Clark Wells Fargo 2,394.00 Sue Dao Work Boots Iseman 67.08 McGrath & Co Iseman 2,000.00 American Printing Sal Morello Work Totals $84.13 $11,337.18 $500.00 $20,581.80 $86,949.91 Vendor Paid Town Board Hold Camo 500.00 Central Hudson 78.48 Poughkeepsie Journal 168.27 MVP Health Ins 43,113.43 MVP Health Gold 3,266.80 Carquest 264.26 Carquest 302.70 Rt 82 Sand & Gravel 11,337.18 Frederick P Clark 3,602.50 Frederick P Clark 9,380.00 Frederick P Clark 4,134.00 Frederick P Clark 3,551.80 Frederick P Clark 249.00 Frederick P Clark 873.00 Frederick P Clark 2,394.00 Dept of Water Supply 67.08 McGrath & Co 2,000.00 Sal Morello Work Boots 117.98 Town of Wappinger Page 16 Printed 111612013 Town Board Meeting Minutes October 28, 2013 Sneider Electric I I I Wells Fargo 544.85 Sue Dao Work Boots Iseman Iseman American Printing 606.00 68.30 33.00 280.50 16.78 Totals $47,003.56 $28,744.55 $11,201.80 4 15 5 $86,949.91 I, Michael J. Leonard, 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 October 28, 2013, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: Vote Record -Re olutl6nR.ES-201 244„ _.. . . a Adopted _ _ ...._.. } I Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzlei 1 Voter 0 I p p ❑ ❑ Defeated William H Beale ..... ..... f. :. Seconder:. a I......... .. d ❑ ❑ p 11 Tabled Vincent Bettina Mover .. p ...... ❑ ........ ❑ ❑ .. ❑ Withdrawn Ismay Czamieckt ;Voter__ ® ❑ � ❑ ( ❑ Michael Knzm1cZ I Voter 0 p p l7 Dated: Wappingers Falls, New York October 28, 2013 The Resolution is hereby duly declared adopted. XIV. Adjournment XV. Motion To: Wappinger Adjournment & Signature The meeting adjourned at 8:37 PM. _-_- ------ - .................. .._ ... RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Jessica Fulton Deputy Town Clerk Town of Wappinger Page 17 Printed 111612013