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2014-03-24Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph P. Paoloni Town Clerk Monday, March 24, 2014 7:30 PM Town Hall I. Call to Order Attendee Name Barbara Gutzler William H. Beale Vincent Bettina Ismay Czarniecki Michael Kuzmicz Robert Gray David Stolman Jim Horan II. Salute to the Flag Organization Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping III. Adoption of Agenda Motion To: Amend the agenda Title Supervisor Councilman Councilman Councilwoman Councilman Engineer to the Town Town Planner Attorney to the Town RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: Motion to Adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IV. Minutes Approval Monday, Febwary 24, 2014 Status Arrived Present Present Late 7:37 PM Present Present Present Present Present Town of 11'appinger Page I Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Im VI. U RESULT: ACCEPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Correspondence Log RESOLUTION: 2014-93 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 -2014-93 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Mover El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. Discussions Martz Field Pavilion (Kuzmicz: Bob Gray) Motion To: proceed with procuring the materials and with the Constriction of a Pavillion at Martz Field Councilman Kuzmicz opened the discussion and yielded to Engineer to the town, Bob Gray for further details. He offered the two options for the pavilion, i.e. a 36 x 56 would accommodate the campers and counselors at last year's enrollment and a 36 x 74 would accommodate 200 campers and the 20 counselors. He identified the proposed location to be north of the tennis courts next to the bathrooms and east of the ball field. He yielded the floor to Recreation Director Ralph Holt. Ralph identified the decrease in enrollment in all recreation programs indicating weather and not cost were a contributing cause. Councilman Beale asked if the Pavilion could be used for other residents off-season and upon confirmation, offered his support. Supervisor Gutzler, Councilman Bettina, and Ralph Holt agreed. Supervisor Gutzler confirmed that costs would come out of the Parkland trust. Councilman Bettina asked about the usage of other pavilions particularly at Castle point. Ralph explained that this pavilion not in disrepair had not been advertised. Councilman Bettina asked Town of 11'appinger Page 2 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 B. C for future efforts at the boat ramp as well in his ward. Supervisor Gutzler summarized that the stricture would be the 36 x 74, wood stricture, and asked for a motion. Councilwoman Czarnecki asked for the cost. Bob Gray replied $88,734. On another note, Councilman Kuzmics moved Ms. Spinelli to the recreation committee, Councilman Beale seconded the motion. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: Add member to the Rec Commitee Councilman Kuzmics moved Anisa Spinelli to the recreation Commission, Councilman Beale seconded the motion. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Records Storage Building (Gutzler: Bob Gray) Motion To: Allow the Engineer proceed with Cost Analysis on Records Storage Building Engineer to the town, Bob Gray, opened the discussion. Currently records are stored at Carnwath. In going through the amount of records he suggested a 41 x 32 square foot building with a 20% expansion capability to accommodate the many court records stored in the town hall attic. He also suggested adding a maintenance bay and detailed the location to be in the back corner of the parking lot by the dumpster. He explained that storing records on-site would allow for winterization of Carnwath and save on heating costs which cover the costs of constriction. Gutzler pointed out that this would be approved by state archives as opposed to renting public storage. Beale asked for the next step. Bob Gray promised cost estimates and alternatives. He suggested a concrete block building to match the town hall look with a 50 year life metal roof. Councilman Beale supported the project for reasons of climate control and proximity along with the mitigation of record loss risk through fire for the files stored in the town hall attic. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Church of Sacred Mirrors permission to hook into water line for fire protection (Gutzler/Beale: Bob Gray) Motion To: Authorize the Town Engineer to Explore the Options for Connecting the Tall Trees for Fire Protection Purposes Town of 11'appinger Page 3 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Supervisor Gutzler opened the discussion about having the Church of Sacred Mirrors connect to the water district for fire hydrant use only. Engineer to the town, Bob Gray, explained the water main on the other side of Wheeler Hill road has an 8 inch service connection that crosses the road and ends at their driveway. The facility can't be used for regular water use until the DEP finishes using the water. He cited Alpine shopping center as an example of a business that has the water district servicing only their fire needs. Councilman Beale asked how this would affect their occupancy. Mr. Gray indicated that it should not change. Councilman Beale was concerned about future regular use after the DEP finished using the water in the light of disturbances that occurred their over the prior weekend. In that recent celebration 7,300 people were invited and a number that did attend parked along the road along with other disturbing incidents. His concern is that opening this door would increase the potential use of this property and thus inadvertently facilitate these types of events. He felt that before entertaining anything, the town needs to make sure that these events are lawful, orderly, with minimal impact on residents and that permits along with fire and ambulance services being made aware. Councilman Bettina agreed. Supervisor Gutzler suggested putting this on hold. Beale pointed out that we should first look into connecting Tall trees for fire protection. Bob Gray pointed out that there is no way to separate domestic use from fire use at Tall Trees development. Supervisor Gutzler suggested a motion to study putting Tall Trees on for Fire Protection first. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz D. Ad Valorem study of extension of UWWD Route 9 to Smithtown Road (Gutzler: Bob Gray) Bob Gray explained the study to bring water lines from McFarland road south to old route 9 by N&S plumbing supply at stage coach drive. Also, the study included the west side of route 9 from Old Hopewell Road, past cablevision, up to the area of the Highway department. Councilman Czarnecki asked about the possibility of bringing the lines further north up New Hackensack Road. Bob Gray indicated that we would have to go through the village. Councilman Beale asked about connecting Fowlerhouse and South Fowlerhouse road. Bob Gray pointed out that there is a limit that a resident can spend which doesn't apply to commercial properties that would prefer spending the money to expand the water system rather than provide a water treatment system. The cost is prohibitive for the few residents at the `Fowlerhouses' because the expansion is paid for by the people benefiting from it, not the rest of the water district. E. Ridges at Old Hopewell Estates: 383 Old Hopewell Road re extension of UWWD and UWSD (Czarniecki/Gutzler: Bob Gray) Motion To: Set 15,000 Escrow to Study Water and Sewer Attorney Richard Cantor explained his client's project that would subdivide property creating 8 new lots in addition to the existing lot on old Hopewell road asking the expansion of the water and sewer district to accommodate these new lots. His client explained that the existing paper street would be brought up to standards to comply with town specifications for eventual acceptance as a town read. This road would exit into the Shamrock hills development. Escrows would be set at $15,000 for water and sewer. Town of 11'appinger Page 4 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 F. G. RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Sports Museum of Dutchess County re event on May 10 Motion To: Allow Sports Museum to hold Fly Fishing Event at Carnwath Supervisor Gutzler summarized the letter on behalf of the Sports museum for a fly fishing forum at the chapel and circular driveway not requiring the use of town personnel. Motion and second brought to the table. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Paggi Engineers re Macho project in Oakwood Knolls (Czarniecki/Gutzler) Christian Paggi presented a map for a project that would develop 6 buildings with 5 units per building at 55 Myers Corners Road and 51 Myers Corners Road which is the office of Free Line Builders would also be incorporated into this project increasing the maximum density under RMF5 to the proposed 30 units. The plan for the age limit is 55 and older. Planner to the town, David Stollman, asked if there would be a zoning change. Christian said that a zoning change would be applied for from R20 to RMF5. David Stollman said that this was not identified in the comprehensive plan and that the challenge would be to demonstrate that this would not be spot zoning, i.e. a change in zone that would benefit the applicant as it surrounded by R20 zoning. Councilwoman Czarnecki indicated the need to supply housing for an aging demographic. Planner Stollman suggested a demographic senior overlay for age would increase the chances for a successful rezone Vis a Vis the issue of spot zoning especially if it is concert with the goals of the comprehensive plan. Lawrence Paggi came forward to point out that higher density zoning exists not too far away and to clarify that it is targeted for senior housing but with allowances for younger members with restrictions in time and number. He asked if the board is at a point to move forward with significant design, SEQRA application and the like they would supply the information. Councilman Bettina asked if this is similar to Toll Brothers project on All Angels Hill road. Stollman agreed and added that the last time that this project was presented it was 18 times the current density and now it is 10 times the current density. Councilwoman Czarnecki added that she was very much in favor of additional senior housing but would like more time to review the project. Councilman Beale was concerned about the parcel surrounded by the project referred to as "911955". Lawrence Paggi replied that the proposed community building is an existing building with an existing commercial use (the former HB Office), and the project would provide for more open space. Discussion ended pending more information and an intra -board review. Town of 11'appinger Page 5 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 H. Dial -A -Ride Contract Motion To: Allow Supervisor to execute Agreement with Dial A Ride Supervisor Gutzler asked the board to authorize the agreement with Dial a Ride. Councilman Beale asked the supervisor to verify that the number of routes in 2014 vs. 2013 would stay the same having lost routes in the past. Supervisor Gutzler said she would pose the question at the forthcoming Poughkeepsie Dutchess County Transit Council meeting in the next few days. Discussion concluded. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VII. Public Portion Motion To: Open the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Resident Statement Gary Lindstrom asked about the timing on the Pavilion for use in November. Bob Gray indicated that should be ample time. He further questioned who pays for the water when in use for fire protection. Councilman Beale indicated that the water district pays for it and is opposed to putting meters on hydrants. He indicated that the emergency effort would be compromised if money gets involved. Gary also asked for confirmation that the applicant would be paying for all the additions to the water district. The board confirmed. Mary Schmalz spoke about the New Hamburg pavilion to serve as a model for our new pavilion. She further pointed out that clearing snow in front of fire hydrants and it's cost to those not able to do it themselves. She added that all these services being provided result in reduced wetlands, reduced open spaces, larger government and higher property taxes. She questioned the cost to the existing water district or the town with the NYC DEP expansion, and the equipment being purchased particularly the "loader". Supervisor Gutzler indicated that this is purchased by the United Water District for use within the Wappinger Water district. Councilman Bettina indicated that money collected from the district pays for equipment. He further said development has a minimal impact to the school district as a result of development, but with the addition taxes coming in from newer homes or commercial enterprises, it reduces taxes. Mary Schmalz replied that water taxes were under $50 per year now they are over $200 per year and with all the new development the rate have come up. Councilman Bettina explained that they are paying for their use, the same as everybody else. Councilman Beale explained that the loader is good for cleaning out these fire hydrants. Town of 11'appinger Page 6 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Carol Torsin representing Viscount Liquors and others as part of the commercial enterprises interested in the water expansion spoke to ask for a stay of execution in water treatment requirements given the fact that these treatment facilities would be rendered obsolete once the municipal water system comes to fruition. Bob Gray indicated that they will know a little more after a meeting on this subject in three weeks. A representative of the Church of Sacred Mirrors rose to speak on the parking capacity and thus the occupancy at that location. Councilman Beale pointed out that the parking does not determine the occupancy and that they should take this discussion off line to find a solution. Motion To: Close the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VIII. Public Hearings Motion To: Open RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Local Law No. of the Year 2014, Designating a Stop Intersection of Edgehill Drive and Edgehill Spur Drive No comments. RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: Open RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Town of 11'appinger Page 7 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 "Local Law No. Of the Year 2014, Amendments to Town of Wappinger Zoning Code Establishing Standards for Outdoor Seating and Dimensional Requirement of Off- Street Parking." No comments. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IX. Resolutions RESOLUTION: 2014-94 Resolution Adopting A Negative Declaration In Connection With Local Law Of 2014 Amending The Town's Zoning Chapter Establishing Standards For Outdoor Seating And Dimensional Requirements Of Off -Street Parking WHEREAS, the Town Board of the Town of Wappinger is entertaining a proposed Local Law entitled, "Local Law No. of the Year 2014, Amendments to Town of Wappinger Zoning Code Establishing Standards for Outdoor Seating and Dimensional Requirements of Off - Street Parking;" 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; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to SEQRA and WEQR; and WHEREAS, in accordance with the requirements of SEQRA and WEQRA, the Town Board is the only Involved Agency with respect to the Proposed Action and is therefore the Lead Agency; and WHEREAS, the Town Board has had a Full Environmental Assessment Form prepared in connection with the Proposed 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 frilly set forth and resolved herein. 2. After conducting a "hard loop' at the Full Environmental Assessment Form and other materials related to the Proposed Action, the Town Board hereby adopts the attached Negative Declaration for the reasons stated therein, thereby finding that the Proposed Action will have no significant adverse impact upon the environment and thereby ending the SEQRA process. 3. The Town Clerk is directed to insert the date of the adoption of the Negative Declaration on its first page and to file the Negative Declaration with the Environmental Notice Bulletin as shown on its last page. The foregoing was put to a vote which resulted as follows: Town of 11'appinger Page 8 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 ✓ Vote Record - Resolution RES -2014-94 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Mover El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-95 Resolution Adopting "Local Law No. 1 Of The Year 2014, Amendments To Town Of Wappinger Zoning Code Establishing Standards For Outdoor Seating And Dimensional Requirements Of Off -Street Parking" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Local Law No. 1 of the Year 2014, Amendments to Town of Wappinger Zoning Code Establishing Standards for Outdoor Seating and Dimensional Requirements of Off -Street Parking"; 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 March 24 2014 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 has adopted a Negative Declaration of Significance in connection with the amendments to the Town Code adopted herein; 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. 1 of the Year 2014, Amendments to Town of Wappinger Zoning Code Establishing Standards for Outdoor Seating and Dimensional Requirements of Off -Street Parking", 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: Town of 11'appinger Page 9 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 ✓ Vote Record - Resolution RES -2014-95 Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Mover El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-96 Resolution Adopting Local Law No. 2 Of The Year 2014, Designating A Stop Intersection At The Northwest Intersection Of Edgehill Drive And Edgehill Spur Drive WHEREAS, a Resolution Nvas duly adopted by the ToN-,n Board of the ToN-,n of Wappinger introducing a proposed Local Law entitled "Local Law No. 2 of the Year 2014, Designating a Stop Intersection at the Northwest Intersection of Edgehill Drive and Edgehill Spur Drive" for consideration of adoption by the ToN-,n Board; and WHEREAS, a Public Hearing Nvas duly advertised in the Southern Dutchess NeNvs, the official newspaper of the Tovm, and the Poughkeepsie Journal; and WHEREAS, a Public Hearing Nvas held on March 24, 2014 and all parties in attendance Nvere permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the ToN-,n Board determined that the proposed Local Law Nvas not subject to environmental review; and WHEREAS, the ToN-,n Board of the ToN-,n of Wappinger after due deliberation, finds that it is in the best interest of the ToN-,n to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the ToN-,n Board of the ToN-,n 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 ToN-,n Board of the ToN-,n of Wappinger hereby adopts the Local Law entitled "Local Law No. 2 of the Year 2014, Designating a Stop Intersection at the NorthNvest Intersection of Edgehill Drive and Edgehill Spur Drive", a copy of which is attached hereto and made a part of this Resolution. 3. The ToN-,n Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the ToN-,n of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. 4. Highwa-,T Superintendent, Graham Foster, is hereby further directed to place a stop sign at the appropriate locations in accordance Nvith this Local Law and to take any other necessary actions to implement the above mentioned stop intersection as required in accordance Nvith the spirit and intent of this Local Law. The foregoing was put to a vote which resulted as follows: Town of 11'appinger Page 10 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 ✓ Vote Record - Resolution RES -2014-96 Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Seconder Q ❑ ❑ ❑ Michael huzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-97 Resolution Introducing "Local Law No. Of The Year 2014, Amending Chapter 68, Dog Control" WHEREAS, the Town of Wappinger wishes to contract with the Dutchess County SPCA to provide shelter for dogs seized by the Dog Control Officer; and WHEREAS, the holding period requirements of the Dutchess County SPCA differ from the requirements as contained in Chapter 68 of the Code of the Town of Wappinger; and WHEREAS, this Local Law is intended to amend Chapter 68-12. Redemption of the Code of the Town of Wappinger to coincide with the holding requirements of the Dutchess County SPCA; and WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act ("SEQRA") and Local Law No. 6 of 1992, Town of Wappinger. 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 introduces for adoption Local Law No. of the Year 2014 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR § 617.5(c)(20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act ("SEQRA") or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of the Year 2014 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 14 day of April 2014, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: Town of 11'appinger Page 11 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 ✓ Vote Record - Resolution RES -2014-97 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ....... ❑ ❑ ......... ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn IsmavCzarniecki Mover Q ❑ ❑ ❑ Michael huzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-98 Resolution Authorizing Attorney To Town To Procure Easements, Title Examinations, Real Property Appraisals And To Obtain All Required Easements In Connection With Proposed Extension No. 4 To The United Wappinger Water District (Dep Phase H Chelsea Hamlet Extension) WHEREAS, by Resolution 2012-194 adopted on June 25, 2012, the Town Board authorized the execution of an Inter -Governmental Agreement (IGA) with the City of New York through its Department of Environmental Protection (DEP) which authorized an extension the United Wappinger Water District (UWWD) in two phases; Phase I would be the constriction of a 12 inch water main from a point of connection with the UWWD water system in and around Old Hopewell Road and Seneca Drive to the DEP Shaft 6B Site on River Road and, Phase 2 which would be a continuation of the 12 and 8 inch main further south on River Road to the Hamlet of Chelsea, all as set forth in the aforementioned IGA; and WHEREAS, the Town Board authorized the Phase I of the DEP project by approving Extension No. 2 to the UWWD; and WHEREAS, by Resolution dated February 24, 2014, the Town Board adopted a Resolution, pursuant to Town Law § 12-a. adopting an Order which authorized the Phase II Extension of the UWWD to the Chelsea Hamlet area, in accordance with a Map, Plan and Report dated April 2013 and revised January 2014; and WHEREAS, in accordance with the aforementioned Map, Plan and Report for the proposed United Wappinger Water District Extension to Chelsea Hamlet Area, it will be necessary to obtain various from several property owners along the route of the proposed water line extension and related water line laterals; and WHEREAS, since the constriction of the Phase II water line extension to Chelsea Hamlet is to be done on an expedited basis, the Town Board hereby authorizes the Attorney to the Town to make arrangements to procure title examinations, and title insurance, for all required easements, to obtain real property appraisals for all required easements, and to undertake all necessary legal work to implement the constriction and installation of the water line extensions as specifically identified in the Map, Plan and Report dated April 2013 and revised January 2014. 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 the Attorney to the Town to procure title examinations, title insurance, obtain real property appraisals and commence all Town of 11'appinger Page 12 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 actions and work necessary to obtain required easements for the constriction of the water line extensions as set forth and identified in the Map, Plan and Report dated April 2013 and revised January 2014. 3. The Town Board specifically authorizes the engagement of Don McGrath of McGrath & Company, or in the event said Don McGrath is unavailable to make the required appraisals, to choose a qualified real estate appraiser to appraise the value of any required easements needed for the constriction and installation of the water line extensions indicated above. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-98 Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Mover El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-99 Resolution Extending Employment Of Town Engineer WHEREAS, by Resolution 2014-21 adopted on January 6, 2014, the ToN-,n Board employed Robert Gray of Morris Associates for the purpose of furnishing to the ToN-,n Board and the ToN-,n's departments and agencies such professional engineering advice and services as may be required by the ToN-,n, its departments and agencies; and WHEREAS, Robert Gray's employment Nvith the ToN-,n is set to expire on April 1, 2014; and WHEREAS, the ToN-,n Board is desirous of extending Robert Gray's employment until December 31, 2014. 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 extends the employment of Robert Gray of Morris Associates with the Town as Town Engineer until December 31, 2014 and shall continue to pay in accordance with the fee schedule set forth in the Proposal for Engineering Services addressed to the Town Board dated December 30, 2013. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-99 Yes/Ape No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ El ❑ ❑ Withdrawn Ismav Czarniecki Seconder El ❑ ❑ ❑ Michael huzmicz Mover Q ❑ ❑ ❑ Town of 11'appinger Page 13 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-100 Resolution Awarding Bid For Port -A -John Rentals WHEREAS, the Town of Wappinger Recreation Department desires to rent Port -a -Johns for the 2014 season for various parks in the Town of Wappinger; and WHEREAS, advertisements for bids for Port -a -Johns were duly published and the following bids were received: Company Total Superior Sanitation $10,030.00 per season A-1 & A -John $ 5,161.50 per season Big Top Portables $ 4,649.00 per season Herring Sanitation $ 4,500.00 per season WHEREAS, by memo dated March 12, 2014, Recreation Secretary, Donna Lenhart, has reported that the lowest responsible bidder is Herring Sanitation Service in the amount of $4,500.00 for the 2014 season, a copy of which is affixed hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if frilly set forth and adopted herein. 2. The Town Board hereby awards the bid for the rental of Port -a -Johns for the various Town of Wappinger parks to Herring Sanitation in the amount of $4,500.00 for the 2014 season. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-100 Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Seconder Q ❑ ❑ ❑ Michael huzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-101 Resolution Authorizing Transfer Of Funds For The Purchase Of A New Printer For The Highway Department Office Town of 11'appinger Page 14 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 WHEREAS, the Highway Department has requested the transfer of fiends between various budget lines in order to purchase a new printer for their office. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the following budget line transfers: Amount From Line To Line $150.00 5010.400A Office Supply 5010.200A Office Equipment The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-101 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ....... ❑ ❑ ......... ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn IsmavCzarniecki Mover Q ❑ ❑ ❑ Michael huzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-102 Resolution Authorizing Town Engineer To Undertake A Desktop Study To Determine Cost For Further Extension Of The United Wappinger Water District WHEREAS, the Town has received requests to further extend the United Wappinger Water District, specifically the extension of water service from the Village of Wappingers Falls/Town of Wappinger south on Route 9 through to the Lawrence Farms shopping plaza and shall include all properties not presently served with municipal water on Old Route 9, Old Post Road, Route 9 and Stage Door Road and such other commercials parcels as may be benefitted by the proposed extension United Wappinger Water District; WHEREAS, the Town Board has determined that it is in the best interest for the public health welfare and safety of the residents of the Town of Wappinger, as well as the customers and invitees of the commercial properties along the above mentioned routes for the Engineer to the Town to undertake a desktop study to determine the financial viability of extending the United Wappinger Water District. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if frilly set forth and adopted herein. 2. The Town Board authorizes Robert J. Gray, Engineer to the Town of Wappinger, to undertake a desktop study to determine the financial viability of extending the United Wappinger Water District to the above referenced areas and to report his findings to the Town Board. 3. The capital costs shall be apportioned on an ad velorum basis and shall include all the above referenced areas. Town of 11'appinger Page 15 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-102 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ....... ❑ ❑ ......... ❑ ❑ Tabled Vincent Bettina Mover El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Seconder Q ❑ ❑ ❑ Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-103 Resolution Authorizing Attorney To Town To Procure Easements, Title Examinations, Real Property Appraisals And To Obtain All Required Easements In Connection With The Construction And Extension Of The Meadowood Water Line Loop And Route 9 Water Line Loop Improvements To United Wappinger Water District WHEREAS, by Resolution 2012-193 adopted on June 25, 2012, the Town Board authorized the preparation of a Map, Plan and Report for necessary improvements to the United Wappinger Water District, hereinafter referred to as the "UWWD", specifically improvements necessary to interconnect Meadowood Wells to the UWWD, to constrict a water main loop that will connect to the recently constricted water main service in the Adams Fairacre Farms located on Old Post Road in the Town of Wappinger known as the "Meadowood/Route 9 Water Main Loops"; and WHEREAS, by Resolution 2013-125 adopted on April 22, 2013, the Town Board adopted a Resolution adopting an Order for the increase and improvement of facilities of the UWWD, including, amongst other improvements, the purchase and installation of approximately 7,250 linear feet of an 8 inch water main from the Meadowood Wells to All Angels Hill Road and at Route 9 at Mac Farland Road within the said UWWD, in accordance with a Map, Plan and Report dated August 2012; and WHEREAS, since the increase and improvement of facilities of the UWWD will require obtaining easements from various parcel owners, the Town Board hereby authorizes the Attorney to the Town to make arrangements to procure title examinations, and title insurance, for all required easements, to obtain real property appraisals for all required easements, and to undertake all necessary legal work to implement the constriction and installation of the water main as specifically identified in the Map, Plan and Report dated August 2012. 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 the Attorney to the Town to procure title examinations, title insurance, obtain real property appraisals and commence all actions and work necessary to obtain required easements for the constriction of the water main as set forth and identified in the Map, Plan and Report dated August 2012. Town of 11'appinger Page 16 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 3. The Town Board specifically authorizes Attorney to the Town to engage Don McGrath of McGrath & Company, or in the event said Don McGrath is unavailable to make the required appraisals, to choose a qualified real estate appraiser to appraise the value of any required easements needed for the constriction of the water main as indicated above. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-103 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Mover El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-104 Resolution Accepting Undertaking Secured By A Cash Deposit In Connection With The Prestige Mini Site WHEREAS, Pepper White Partners, LLC, a Limited Liability Corporation, with an address at c/o Prestige BMW, 985 Route 17 South, Ramsey, NJ 07446, hereinafter referred to as the "Owner", has made application to the Town of Wappinger Planning Board for Special Permit and Site Plan Approval for the constriction of a 18,750 square foot Motor Vehicle Sales Establishment on certain lands located on 1162 Route 9 in the Town of Wappinger, designated as Tax Parcel 6157-04-674155 on the tax map of the Town of Wappinger (the "Property"); and WHEREAS, on November 4, 2013, the Planning Board of the Town of Wappinger adopted a Negative Determination of Significance pursuant to SEQRA indicating that the project would have no adverse environmental impact and authorized the issuance of a Negative Declaration; and WHEREAS, during the SEQRA review process the Owner provided evidence that there would be no significant adverse impacts on rare, threatened or endangered species; and WHEREAS, on November 18, 2013, the Planning Board issued a Resolution granting Special Permit and Site Plan Approval, conditioned upon certain conditions prior to signing of the Site Plan; and WHEREAS, on March 17, 2014, the Owner of the Property made a request to allow the cutting of trees on the Property prior to the signing of the approved Site Plan since the US Army Corps of Engineers and the NYS DEC regulations require that the cutting of trees may only take place between October I and March 31 to minimize the possibility of disturbing the migration of Indiana Bats; and WHEREAS, the Planning Board adopted a Resolution on March 17, 2014 granting the Owner's request to cut the trees in the area of site plan disturbance on the express condition that the Owner agreed to replant trees in the event that the Site Plan application is withdrawn by the Owner, or the drawings are not submitted for signature based on fulfillment of the conditions of Town of 11'appinger Page 17 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Site Plan Approval, said agreement was to be secured by a Bond, Letter of Credit or Cash Deposit in an amount to be fixed by the Engineer to the Town, specifically in the sum of $4,640.00; and WHEREAS, the Owner has delivered to the Town an Undertaking secured by a Cashier's Check issued by TD Bank bearing No. 52009617-3 in the amount of $4,640.00 paid to the order of the Town of Wappinger as security for the faithful performance of the obligations set forth in the Undertaking; and WHEREAS, the terms of the Undertaking authorized the Town of Wappinger to draw against the aforementioned cash security posted in the event the Owner does not restore the project site in accordance with the terms and conditions set forth in the Planning Board Resolution of November 18, 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 determines that the Undertaking executed by Pepper White Partners, LLC and secured by a Cashier's Check in the sum of $4,640.00, is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Owner does not fulfill the obligations to replant trees in the event Site Plan Approval is not granted all as set forth in the Planning Board Resolution of November 18, 2013. 3. The Town Board hereby accepts the Undertaking dated March 14, 2014, executed by Pepper White Partners, LLC, a Limited Liability Corporation, having an address at c/o Prestige BMW, 985 Route 17 South, Ramsey, NJ 07446, secured by a Cash Deposit in the total sum of $4,640.00 in the form of a Cashier's Check issued by TD Bank bearing No. 52009617-3 made payable to the Town of Wappinger as security for the faithful performance for the completion of the obligations set forth in the Undertaking and in accordance with the Planning Board Resolution of November 18, 2013. 4. The Town Supervisor is directed to deposit the aforementioned Cashier's Check in a bank account maintained by the Town, to be held in escrow, pending compliance with the terms of the Undertaking. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-104 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Mover El ....... ❑ ❑ ......... ❑ ❑ Tabled Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-108 Resolution Authorizing Supervisor To Execute Due Diligence Investigation Agreement Town of 11'appinger Page 18 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Between Wappingers Falls Indians Youth Sports, Inc., Wappinger United Soccer Club, Inc. And The Town Of Wappinger In Connection With Robinson Lane East Campus WHEREAS, the Town recently acquired approximately 51.72 acres on Robinson Lane, contiguous to the Town owned Robinson Lane Recreation Field, known as the "Robinson Lane East Campus"; and WHEREAS, the Town is desirous of developing the Robinson Lane East Campus for additional recreation purposes by constriction and installing football fields, soccer fields, and other recreational facilities to the maximum extent possible; and WHEREAS, the Town Board acknowledges that it will have to comply with the Town's Zoning Code and develop a Site Plan for the future development of the property, comply with the State Environmental Quality Review Act (SEQRA) as well as the Wappinger Environmental Quality Review Act (WEQRA); and WHEREAS, the Wappingers Falls Indians Youth Sports, Inc. (hereinafter the "Indians") provide instructional football to the youth of the Town of Wappinger; and WHEREAS, the Wappinger United Soccer Club, Inc. (hereinafter the "Soccer Club") provide instructional soccer to the youth of the Town of Wappinger; and WHEREAS, the Indians and the Soccer Club have agreed to undertake due diligence studies of the Robinson Lane East Campus property to determine its viability for its use as football fields, soccer fields, and other related recreational purposes, under the guidance and supervision of the Engineer to the Town, Robert J. Gray, P.E.; and WHEREAS, the Indians and the Soccer Club have agreed to undertake the due diligence studies at their sole cost and expense and report back to the Town Board of the Town of Wappinger so that appropriate site development may be processed through the Town of Wappinger Planning Board, upon consent of the Town Board and in consultation with the Town's Recreation Department; and WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee, the Attorney to the Town and the Engineer to the Town, has negotiated the terms of a proposed Agreement Authorizing Due Diligence Investigation at Robinson Lane East Campus, a copy of which is attached hereto, made a part hereof, marked and designated as Exhibit "1". NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if frilly set forth and adopted herein. 2. The Town Board Members acknowledge they have reviewed the terms and conditions of the proposed "Agreement Authorizing Due Diligence Investigation at Robinson Lane East Campus", hereby approve the Agreement in the form annexed hereto, and authorizes and directs the Supervisor to execute the Agreement by and on behalf of the Town of Wappinger. 3. The Town Supervisor, upon consultation with the Attorney to the Town, the Chairman of the Recreation Committee and the Engineer to the Town, are authorized to further negotiate the terms and conditions of the annexed Agreement as deemed appropriate. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-108 Q Adopted Yes/Aye No/Nap Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder Q ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Town of ll'appinger Page 19 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Michael huzmicz Mover ' El ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-109 Resolution Authorizing Supervisor To Execute Amendment No. 1 To The "Agreement Between The City Of New York And The Town Of Wappinger, New York For Construction Of A Water Supply And Distribution System" WHEREAS, the New York City through its Department of Environmental Conservation (hereinafter "NYC DEP") and the Town of Wappinger (hereinafter the "Town") are parties to an Agreement dated August 31, 2012 pursuant to which the Town was obligated to constrict a water main to NYC DEP's constriction site, and, to the extent that funding is available, to install a new water distribution system in the Chelsea Hamlet area, which would expand the existing water district; and WHEREAS, the Agreement contained dates for certain constriction milestones that the Town was obligated to achieve in order to avoid default and continue to receive funding under the Agreement; and WHEREAS, the Agreement also specified the parcels to be included in the water district expansion, which make up the "Phase II Service Area," subject to certain approvals the Town was required to receive under its local law; and WHEREAS, NYC DEP and the Town have agreed to sequence the constriction of the Phase II Service Area into Phase IIA and Phase IIB; and WHEREAS, Section 7B of the Agreement provides that the Phase II Service Area, as shown on Exhibit A of the Agreement, may be further modified by subsequent agreement of the parties based on the funding available for Phase II; and WHEREAS, the Town has missed certain milestone dates, as set forth in Exhibit B of the Agreement and has indicated it will require more time to complete constriction of the Phase II Service Area; and WHEREAS, the NYC DEP and the Town have agreed to amend the terms of the Agreement to allow for the changes to the Phase II Service Area as shown on Exhibit A and to revise the milestones set forth on Exhibit B. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if frilly set forth and adopted herein. 2. The Town Board Members acknowledge they have read and hereby approves Amendment No. 1 to the "Agreement between the City of New York and the Town of Wappinger, New York for Constriction of a Water Supply and Distribution System", in the form annexed hereto, and authorizes and directs the Supervisor to execute Amendment No. 1 by and on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Town of 11'appinger Page 20 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 ✓ Vote Record - Resolution RES -2014-109 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ....... ❑ ❑ ......... ❑ ❑ Tabled Vincent Bettina Mover El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael huzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. X. Items for Special Consideration A. Councilman Bettina Councilman Bettina spoke about the lack of a flag at the flagpole at Castle Point. Supervisor Gutzler indicated that the pulley is broken and has tried to get someone to plant flowers. Councilman Bettina asked to have it fixed. Councilman Kuzmics indicated that we should take care of our parks but that manpower shortage is an issue. Councilman Bettina expressed concern that some residents do not have numbers on their house or mailbox. Zoning administrator Barbara Roberti said that she does notify those that she sees that are not in compliance. B. Councilwoman Czarniecki Councilwoman Czarnecki let the board know that the Wildwood Manor Condominium Association has applied for and paid for the use of the town board room on April 2nd, 2014. C. Supervisor Gutzler Supervisor Gutzler let the board know that the town's bond rating has been upgraded from AA1 to AA-, indicating a strong economy, strong budgeting, strong budgetary performance, strong liquidity providing strong cash levels to cover debt service and expenditures. They cited the fact that the town was rebuilding their fiend balance and were very realistic in their budgets. Bonds are rated SP I+, one of the highest ratings municipal bonds can get. She thanked the board for their efforts and their positive results. Each board member equally returned the gratitude. XI. New Business XII. Executive Session XIII. Town Board Review of Vouchers RESOLUTION: 2014-105 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town of 11'appinger Page 21 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Town Board Claim Packet: 2014-L Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) T92 Plan & Zone Escrows Perma-2013 Funds 958.08 4,670.64 299.40 Marshall & Sterling 118,120.11 40,000.00 NYCOMCO 1,496.00 64.00 Platt's Locksmith 125.00 Poughkeepsie Journal Poughkeepsie Journal 51.53 Royal Carting 6,525.20 Sou Dut News Sou Dut News 49.30 Sou Dut News 26.00 Mid Hudson Fasteners 111.04 Carquest $471.34 Arkel Motors $464.07 Arkel Motors 1,473.13 Arkel Motors $71.92 Hud Riv Truck Equip $28.00 Cryo Weld $86.61 Staples 109.52 Atlas Star 370.00 D&D Doors 224.00 C&C Hydraulics $337.78 C&C Hydraulics $332.35 C&C Hydraulics $273.77 R. Costa Electric 125.00 Allstate Stormwater $25.00 Stormwater $575.00 Great Amer Fin Sery 580.50 Delta Dental 1,322.02 346.98 Package Pavement $300.60 Town of 11'appinger Page 22 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Totals 1 $128,349.91 1 $946.73 1 $50,117.251 $600.00 Vendor T14 HWN WU (Allstate (Wappinger (United insurance) Water Main Wapp. Water Project) Fund) Perma-2013 Funds 59.88 Marshall & Sterling NYCOMCO Platt's Locksmith Poughkeepsie Journal 396.73 Poughkeepsie Journal Royal Carting Sou Dut News 418.66 Sou Dut News Sou Dut News Mid Hudson Fasteners Carquest Arkel Motors Arkel Motors Arkel Motors Hud Riv Truck Equip Cryo Weld Staples Atlas Star D&D Doors C&C Hydraulics C&C Hydraulics C&C Hydraulics R. Costa Electric Allstate $866.08 Stormwater Stormwater Great Amer Fin Sery Delta Dental Package Pavement Totals $866.08 $815.39 $59.88 $181,755.24 Vendor Paid Town Board Hold Perma-2013 Funds 5,988.00 Marshall & Sterling 158,120.11 NYCOMCO 1,560.00 Platt's Locksmith 125.00 Poughkeepsie Journal Town of 11'appinger Page 23 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Town of 11'appinger Page 24 Printed 4 24'2014 396.73 Poughkeepsie Journal 51.53 Royal Carting 6,525.20 Sou Dut News 418.66 Sou Dut News 49.30 Sou Dut News 26.00 Mid Hudson Fasteners 111.04 Carquest 471.34 Arkel Motors 464.07 Arkel Motors 1,473.13 Arkel Motors 71.92 Hud Riv Truck Equip 28.00 Cryo Weld 86.61 Staples 109.52 Atlas Star 370.00 D&D Doors 224.00 C&C Hydraulics 337.78 C&C Hydraulics 332.35 C&C Hydraulics 273.77 R. Costa Electric 125.00 Allstate 866.08 Stormwater 25.00 Stormwater 575.00 Great Amer Fin Sery 580.50 Delta Dental 1,669.00 Package Pavement 300.60 Totals $167,223.69 $13,956.55 $575.00 5 24 $181,755.24 Town of 11'appinger Page 24 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 I, Joseph P. Paoloni, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting March 24, 2014, 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 -2014-105 B DB LC (General (General (Highway (cameli Yes/Aye No/Nap Abstain Absent El adopted wide) District) Central Hudson 77.96 ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder El ❑ ❑ ❑ ❑ Tabled Central Hudson Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Mover El ❑ ❑ ❑ DC Sheriff Office Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-106 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2014-M Vendor A B DB LC (General (General (Highway (cameli Town PartTown) Fund) Lighting wide) District) Central Hudson 77.96 Central Hudson 4173.16 101.01 Central Hudson 4,670.60 Central Hudson 2,176.41 Central Hudson 3,467.88 Central Hudson 44.06 Poughkeepsie Journal 425.20 DC Sheriff Office Mid Hudson Fasteners Zep Sales Sedore & Co Tonna of ff appinger 12, 776.30 170.40 620.34 2,540.00 Page 25 Printed 4 24 2014 Regular Meeting Minutes March 24, 2014 Sedore & Co 2,540.00 Bottoni Fuel 59.54 Kaman Ind 353.56 Al Roberts 3,374.26 Coffee Syetems 60.73 Hud Riv Truck 194.00 CSEA H/W Optical Den 3,003.84 Hillman Signs 88.50 Staples 4.76 Staples 85.37 Chris Heady 148.51 Cablevision 164.80 Wells Fargo 327.56 Oriental Trading 243.50 Crown Trophy 140.50 Perla Kaufman 140.00 Compass Tire 21.00 DC SPCA 560.00 WB Mason 193.92 Verizon Wireless 274.42 510.93 Perfect Comfort 575.00 Amazon 43.99 Auto Zone $57.59 Ford Credit Dept 8,672.71 Williams Lumber 222.32 HV Telephone 1,232.50 Monin Olsen Reimburse 11.25 Nyasa Brown 16.89 Reimburse Kristen Lange 11.25 Reimburse Boaozhong Li Rimburse 11.25 Bonetta Brown 16.89 Reimburse Tyrone Lotts Reimburse 11.25 Standard & Poor 100.00 Hyatt's Garage $642.50 Totals $24,039.06 $26,133.10 $5,085.24 $101.01 Town of 11'appinger Page 26 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Vendor Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Poughkeepsie Journal DC Sheriff Office Mid Hudson Fasteners Zep Sales Sedore & Co Sedore & Co Bottoni Fuel Kaman Ind Al Roberts Coffee Syetems Hud Riv Truck CSEA H/W Optical Den Hillman Signs Staples Staples Chris Heady Cablevision Wells Fargo Oriental Trading Crown Trophy Perla Kaufman Compass Tire DC SPCA WB Mason Verizon Wireless Perfect Comfort Amazon Auto Zone Ford Credit Dept Williams Lumber HV Telephone Monin Olsen Reimburse Nyasa Brown Reimburse Kristen Lange Reimburse Boaozhong Li Rimburse Bonetta Brown LD (Chelsea Lighting District) 1,212.59 LH HWF (Hughsonville (Filtration of Lighting Atlas & District) Hilltop) 3,513.08 Town of 11'appinger Page 27 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Reimburse Tyrone Lotts Reimburse Standard & Poor Hyatt's Garage Totals $1,212.59 $3,513.08 $0.00 $60,084.08 Vendor Paid Town Board Hold Central Hudson 77.96 Central Hudson 8,999.84 Central Hudson 4,670.60 Central Hudson 2,176.41 Central Hudson 3,467.88 Central Hudson 44.06 Poughkeepsie Journal 425.20 DC Sheriff Office 12,776.30 Mid Hudson Fasteners 170.40 Zep Sales 620.34 Sedore & Co 2,540.00 Sedore & Co 2,540.00 Bottoni Fuel 59.54 Kaman Ind 353.56 Al Roberts 3,374.26 Coffee Syetems 60.73 Hud Riv Truck 194.00 CSEA HM Optical Den 3,003.84 Hillman Signs 88.50 Staples 4.76 Staples 85.37 Chris Heady 148.51 Town of 11'appinger Page 28 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Cablevision 164.80 Wells Fargo 327.56 Oriental Trading 243.50 Crown Trophy 140.50 Perla Kaufman 140.00 Compass Tire 21.00 DC SPCA 560.00 WB Mason 193.92 Verizon Wireless 785.35 Perfect Comfort 575.00 Amazon 43.99 Auto Zone 57.59 Ford Credit Dept 8,672.71 Williams Lumber 222.32 HV Telephone 1,232.50 Monin Olsen Reimburse 11.25 Nyasa Brown Reimburse 16.89 Kristen Lange Reimburse 11.25 Boaozhong Li Rimburse 11.25 Bonetta Brown Reimburse 16.89 Tyrone Lotts Reimburse 11.25 Standard & Poor 100.00 Hyatt's Garage 642.50 Totals $24,950.80 $35,133.28 $0.00 11 34 $60,084.08 Town of 11'appinger Page 29 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 I, Joseph P. Paoloni, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting March 24, 2014, 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 -2014-106 B (General PartTown) DB (Highway Fund) CBG (Challenger Field) Central Hudson 3,467.88 Central Hudson Yes/Aye No/Nap Abstain Absent El adopted 2,178.41 Home Depot 84.03 ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder El ❑ ❑ ❑ ❑ Tabled MVP Gold Health Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Mover Q ❑ ❑ ❑ Al Roberts Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-107 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2014-N Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) CBG (Challenger Field) Central Hudson 3,467.88 Central Hudson 44.06 Central Hudson 2,178.41 Home Depot 84.03 Signal Graphics 240.52 MVP Health Ins 17,405.62 4,027.75 21,864.95 MVP Gold Health 2,462.60 Ins Al Roberts Al Roberts Al Roberts 210.00 Al Roberts 37.00 Al Roberts Town of 11'appinger Page 30 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Frederick Clark Frederick Clark Candle Landscaping Tire King Justice Court Wells Fargo Paetec I 5,875.67 1 1,800.00 21.00 22,212.30 272.43 602.77 157.50 1,485.00 1,347.50 857.50 2,452.25 175.00 3,989.70 272.42 19.74 $70.00 CRL Spreader $1,238.00 Chains River City Abs of HV Totals $56,667.29 $15,031.36 $23,102.95 $70.00 Vendor HWN T92 HWF SU (United (Wappinger (Planning & (Filtration of Wapp. Sewer Water Main Zoning Atlas & fund) Project) Escrows) Hilltop) Central Hudson Central Hudson Central Hudson Home Depot Signal Graphics MVP Health Ins MVP Gold Health Ins Al Roberts 315.00 Al Roberts 1,907.50 Al Roberts Town of 11'appinger Page 31 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Frederick Clark Frederick Clark Candle Landscaping Tire King Justice Court Wells Fargo Paetec CRL Spreader Chains River City Abs of HV $12,895.00 Totals $15,117.50 $3,185.00 $1,260.00 $6,262.50 $472.50 $9,447.50 $1,260.00 $472.50 Vendor WU Paid (United Wapp. Water Fund) Central Hudson Central Hudson Central Hudson Home Depot Signal Graphics MVP Health Ins MVP Gold Health Ins Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts 3,467.88 44.06 2,178.41 43,298.32 2,462.60 Town of 11'appinger Page 32 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 Al Roberts Town Board Central Hudson Al Roberts $1,230.82 Central Hudson Al Roberts 84.03 Signal Graphics 240.52 Frederick Clark MVP Gold Health Frederick Clark Al Roberts 315.00 Candle Landscaping 1,907.50 Al Roberts 210.00 Tire King 37.00 Al Roberts 157.50 Justice Court 1,485.00 Al Roberts 1,347.50 Wells Fargo 857.50 Al Roberts 8,397.92 Al Roberts 3,360.00 Al Roberts 544.85 Paetec 472.50 Frederick Clark 6,262.50 Frederick Clark 3,989.70 Candle Landscaping 622.51 CRL Spreader 21.00 Justice Court 22,212.30 Chains Paetec River City Abs of HV 1,238.00 Totals $1,230.82 $52,618.63 7 Vendor Town Board Central Hudson Central Hudson Central Hudson Home Depot 84.03 Signal Graphics 240.52 MVP Health Ins MVP Gold Health Ins Al Roberts 315.00 Al Roberts 1,907.50 Al Roberts 210.00 Al Roberts 37.00 Al Roberts 157.50 Al Roberts 1,485.00 Al Roberts 1,347.50 Al Roberts 857.50 Al Roberts 8,397.92 Al Roberts 3,360.00 Al Roberts 2,490.82 Al Roberts 472.50 Frederick Clark 6,262.50 Frederick Clark 3,989.70 Candle Landscaping 1,800.00 Tire King 21.00 Justice Court 22,212.30 Wells Fargo Paetec CRL Spreader 1,238.00 Chains $122,399.92 Hold Town of 11'appinger Page 33 Printed 4 24'2014 Regular Meeting Minutes March 24, 2014 River City Abs of HV 12,895.00 Totals $69,781.29 1 $0.00 21 $122,399.92 I, Joseph P. Paoloni, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting March 24, 2014, 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 -2014-107 MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Mover Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24, 2014 The Resolution is hereby duly declared adopted. XIV. Adjournment XV. Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:30 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Joseph P. Paoloni Town Clerk Town of 11'appinger Page 34 Printed 4 24'2014