The URL can be used to link to this page

2014-04-28Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph P. Paoloni Town Clerk Monday, April 28, 2014 7:30 PM Town Hall Call to Order Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present William H. Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Michael Kuzmicz Town of Wappinger Councilman Present Albert Roberts Town of Wappinger Attorney to the Tow Present Robert Gray Town of Wappinger Engineer to the Town Present Graham Foster Town of Wappinger Highway Superintendent Present Salute to the Flag Adoption of Agenda 1. Motion To: Amend the Agenda to add Resolution on Easements for Mark Palmateer Memorial Park Councilman Beale asked to add Easement modifications on Palmateer Park to the agenda. Attorney Al Roberts pointed out that he revised easements were sent on Friday. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 2. Motion To: Amend the Agenda to add Resolution Appointing a Board of Assessment Review Member Councilman Bettina asked to add resolution appointing BOA member. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 3. Motion To: Adopt the Agenda Town of lf'appinger Page I Printed 522'2014 Regular Meeting Minutes April 28, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IV. Approval of The Minutes 1. Monday, March 24, 2014 RESULT: ACCEPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 2. Monday, April 14, 2014 RESULT: ACCEPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 3. Monday, April 21, 2014 RESULT: ACCEPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz V. Correspondence Log RESOLUTION: 2014-133 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 -2014-133 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑Tabled Vincent Bettina Mover Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder Q ❑ ❑ ❑ Town of ll'appinger Page 2 Printed 522'2014 Regular Meeting Minutes April 28, 2014 Michael huzmicz Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York April 28, 2014 The Resolution is hereby duly declared adopted. VI. Discussions A. Myers Landing Proposed Development Christian Paggi presented plan for development at 51 and 55 Myers Corners road. He came to ask for permission to sit down with town consultants to hammer out underlying issues such as density, age, renting, zoning, etc... Supervisor Gutzler asked about escrows. Attorney Roberts said that they first must do a re -zone from R20 to RMF5. Councilman Bettina asked to send it to the planning board and have them set the escrows. Councilman Czarnecki asked if there was an application filed for the planning board. Mr. Paggi replied that they didn't. Councilman Beale said it appears as a spot zone, yet he believes in the concept. He was also concerned about surrounding properties on Patti Place and the adjoining lot surrounded by the project. Councilman Czarnecki said she is very interested in it as this is something that the town needs, but doesn't know how it would fit in without input from the planning board. Mr. Paggi asked if a formal application to the planning board was the next step and the board agreed. Attorney Roberts added that the planning board cannot act without the zoning in place. He said they need a formal application, pay the fee, and put up an escrow for the planner to look at it. Mr. Paggi asked if the application should include the frill EAF? Attorney Roberts agreed. Discussion concluded. B. La Fonda Del Sol Mike Meyers and Dave Stenger came to show a concept at the former El Fonda Del Sol site. They are looking to put in residential and the re-routing of Old Route 9. They said they will go to the planning board, but came to discuss with the town board first. Because they are proposing residential, a re -zone would not be necessary. They particularly wanted to discuss the concept of a turning circle that would move the traffic at the problem intersection of Old Hopewell road, Old Route 9, and Route 9. This would direct the traffic west to allow for a better flow and safer means to access Old Hopewell road. Engineer Bob Gray summarized that his is an exchange of property of old route 9 for a portion of their land that re-routes the traffic. Councilwoman Czarnecki asked about the cost to the town and the adoption of the road. The reply was no cost to the town yet the town would take over the road. Councilman liked the idea of a cleaner intersection and said we should at least explore this. He also asked about preserving the setbacks. The developer pointed out that they would not change what had been agreed to previously. Councilman Beale also liked the idea of not producing another plaza that may or may not be occupied. Councilman Bettina suggested bringing it to the planning board. Dave Stenger added they wanted to get buy in from the town board as the county seemed to like it. Engineer Gray said the next move is an amended site plan application. The discussion Town of lf'appinger Page 3 Printed 5/22'2014 Regular Meeting Minutes April 28, 2014 concluded. C. Cub Scout Pack 40 Trees for Tribs at Robinson Lane Supervisor Gutzler outlined the Cub Scout Pack 40 project saying that Cornell Cooperative had an initiative many years ago to plant trees along stream banks to mitigate erosion. This plan is to plant saplings and shrubs along the bank on the road leading to the sprout creek to prevent the flow of water from the creek. This will occur at no cost to the town and maintained by the Cub Scout Pack. Councilman Kuzmicz motioned to support it as Councilman Beale seconded it. VII. Public Portion A resident rose to ask about the excessive development in the town and its impact on traffic on all our roads. Supervisor Gutzler said that is why they refer development to the planning board for their recommendation for traffic analysis. She thanked the resident for her comment. Councilman Beale indicated that another 100 units will soon be operative and adding to area traffic. Councilman Kuzmics said that as a resident he too has to deal with the traffic and that they as a board must balance out the different interests. VIII. Resolutions RESOLUTION: 2014-134 Resolution Appointing Board of Assessment Review Member WHEREAS, by Resolution 2010-99 adopted by the Town Board on February 22, 2010, John Lawrence was appointed to fill the vacancy that existed on the Board of Assessment Review due to the resignation of Joseph M. Perillo, whose term would have otherwise expired on September 30, 2012; and WHEREAS, the term of John Lawrence as a Member of the Town of Wappinger Board of Assessment Review expired on September 30, 2012; and WHEREAS, the Town Board did not appoint anyone to fill the seat of John Lawrence creating a vacancy on the Board of Assessment Review for the term October 1, 2012 through September 30, 2017; and WHEREAS, the Town Board desires to appoint a Member to the Town of Wappinger Board of Assessment Review to fill the vacancy for the term expiring September 30, 2017. 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 appoints Alex Czarniecki as a Member of the Town of Wappinger Board of Assessment Review to fill the vacancy for the term October 1, 2012 through September 30, 2017, said appointment to be effective immediately and will expire on September 30, 2017. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-134 Q Adopted Yes/Aye No/Nap Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑Tabled Vincent Bettina Mover Q ❑ ❑ ❑ Town of ll'appinger Page 4 Printed 522'2014 Regular Meeting Minutes April 28, 2014 ❑ Withdrawn Ismav Czarnecki Voter ❑ ❑ El ❑ Michael Kuzmicz Seconder El ❑ ❑ ❑ Dated: Wappingers Falls, New York April 28, 2014 The Resolution is hereby duly declared adopted. 2. Motion To: Amend the Resolution There was a motion to Amend the resolution to remove the name of the candidate in the resolution and insert Alex Czaniecki's name instead. RESULT: ADOPTED [UNANIMOUS] MOVER: Barbara Gutzler, Supervisor SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz RESOLUTION: 2014-135 Resolution Introducing "Local Law No. Of The Year 2014, Amending Chapter 133 Of The Town Code Known As Flood Damage Prevention" WHEREAS, the Town of Wappinger adopted Local Law 43 of 2012 which created a Chapter in the Town Code entitled "Flood Damage Prevention"; and WHEREAS, the New York State Department of Environmental Conservation, Division of Water, Bureau of Flood Protection and Dam Safety, have notified the Town that the Flood Insurance Rate Map (FIRM) map panel numbers have been recently revised; and WHEREAS, this Local Law is intended to amend Chapter 133-6. Basis for Establishing Areas of Special Flood Hazard in order to comply with the request of the New York State Department of Environmental Conservation, Division of Water, Bureau of Flood Protection and Dam Safety and the revisions to the Flood Insurance Rate Map (FIRM) map panel numbers; 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 of the Town of Wappinger ("WEQRA"). 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 of the Town of Wappinger ("WEQRA"). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Town of lf'appinger Page 5 Printed 5 22'2014 Regular Meeting Minutes April 28, 2014 Local Law No. of the Year 2014 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 27th day of May 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: ✓ Vote Record - Resolution RES -2014-135 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ....... ❑ ❑ ......... ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Mover Q ❑ ❑ ❑ Michael huzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 28, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-136 Resolution Authorizing Change Order No. 1 For Little League Challenger Field Electrical Improvements WHEREAS, by Resolution adopted by the Town Board on March 10, 2014, the Town Board awarded a bid to Thomas Gleason, Inc. in the amount of $14,990.00 for electrical improvements to the Challenger Fields at the Robinson Lane Sports Complex; and WHEREAS, Greg W. Bolner, P.E. of Clark Patterson Lee Design Professionals, Engineer for the Town for this project, has approved Change Order No. 1 to the Contract as per email dated April 22, 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 approves Change Order No. 1, dated April 17, 2014, in the amount of One Thousand Seven Hundred Ninety -Five Dollars ($1,795.00), resulting in an increase in the contract sum to be paid to Thomas Gleason, Inc. to the total sum of Sixteen Thousand Seven Hundred Eighty -Five Dollars ($16,785.00) in connection with the Little League Challenger Field Electrical Improvements Contract for the reasons set forth in the above mentioned Change Order No. 1, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-136 Yes/Ape 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 ❑ ❑ ❑ Town of lf'appinger Page 6 Printed 522'2014 Regular Meeting Minutes April 28, 2014 Dated: Wappingers Falls, New York April 28, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-137 Resolution Awarding Bid For United Wappinger Water District Route 9 Water Main Loop WHEREAS, by Resolution No. 2013-126 adopted by the ToN-,n Board on April 22, 2013, the ToN-,n Board authorized the issuance of $4,040,000.00 Bonds to pay the cost of the increase and improvement of the United Wappinger Water District (hereinafter the "UWWD") in accordance Nvith a Map, Plan and Report entitled "United Wappinger Water District (UWWD) Filtration System Improvements and MeadoNvood/Route 9 Water Main Loops, Town of Wappinger, Dutchess County, New York" dated August 2012 prepared by Morris Associates, PLLC ; and WHEREAS, bids and specifications Nvere prepared by Robert J. Gray of Morris Associates, Engineer to the Tovm, for the Nvork required for the Route 9 Water Main Loop; and WHEREAS, bids Nvere duly solicited for the Nvork to be done and the folloNving bids Nvere received on April 1, 2014: Contractor Base Bid Bibeau Construction, Inc., Nanuet, NY $1,159,150.00 Casale Construction Services, Wyantskill, NY $1,187,925.00 Raines & Nagles, Contracting Svc., Chester, NY $1,999,595.70 W. M. Schultz Construction, Balston Spa, NY $1,335,892.30 Drilling Technologies, Inc., Wyantskill, NY $1,378,914.00 ELQ Industries, New Rochelle, NY $1,379.525.00 American Evergreen, Renssalear, NY $1,387,620.00 Grant Street Construction, Cortland, NY $1,392,000.00 Merritt Construction, Saugerties, NY $1,414,550.00 Thomas Gleason, Inc., Poughkeepsie, NY $1,484,000.00 Sun Up Enterprises, Wappingers Falls, NY $1,564,246.00 Legacy Valve, Valhalla, NY $1,706,090.00 WHEREAS, by letter dated April 21, 2014 from Morris Associates Engineering Consultants, PLLC, Engineers to the Tovm, have determined that the loNvest responsible bidder is Bibeau Construction, Inc. and recommends that Bibeau Construction, Inc. should be aNvarded the contract in the amount of $1,159,150.00 all as set forth in the aforementioned recommendation letter, 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 fully set forth and adopted herein. 2. The ToN-,n of Wappinger hereby aNvards the bid for the Route 9 Water Main Loop to Bibeau Construction, Inc., Nanuet, NY, in the amount of $1,159,150.00. 3. In accordance Nvith the authorized bid specifications, the ToN-,n Board hereby authorizes the Supervisor to execute the contract documents as prepared by Morris Associates, including the Notice of ANvard and Notice to Proceed and forward a copy to Bibeau Construction, Inc., after the Attorney to the ToN-,n has confirmed that Bibeau Construction, Inc. has duly executed the contract documents, has supplied the necessary Town of lf'appinger Page 7 Printed 522'2014 Regular Meeting Minutes April 28, 2014 Performance Bond, Payment Bond and provided insurance certificates all as otherN-,se required by the bid specifications. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-137 Yes/Ape No/Nay Abstain Absent Q adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn IsmavCzarniecki Mover Q ❑ ❑ ❑ Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 28, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-138 Resolution Awarding Bid For United Wappinger Water District Water Main Extension To Chelsea Hamlet WHEREAS, by Resolution No. 2014-75 adopted by the ToN-,n Board on February 24, 2014, the ToN-,n Board approved the Establishment of Extension No. 4 (Chelsea Hamlet Extension) to the United Wappinger Water District (UWWD) in connection N ith the construction of a Nvater distribution system Nvithin the Chelsea Hamlet area; and WHEREAS, bids and specifications Nvere prepared by Robert J. Gray of Morris Associates, Engineer to the ToN-,n, for the Nvork required for the construction of a Nvater distribution system within the Chelsea Hamlet area; and WHEREAS, bids Nvere duly solicited for the Nvork to be done and the folloNving bids Nvere received on April 1, 2014: Contractor Base Bid Alternate 1 Alternate 2 Bibeau Contruction, Nanuet, NY $2,828,750 $26,000 $12,000 Casale Construction Services, Wyantskill, NY $2,912,950 $34,000 $17,500 American Evergreen, Renssalear, NY $3,183,880 $52,000 $11,000 W. M. Schultz Construction, Balston Spa, NY $3,338,856 $47,100 $15,000 ELQ Industries, New Rochelle, NY $3,691,245 $40,000 - Grant Street Construction, Cortland, NY $3,789,000 $40,000 $ 8,000 Montesano Bothers, Inc., New Rochelle, NY $3,999,980 $36,524 - Sun Up Enterprises, Wappingers Falls, NY $4,351,715 $65,000 $16,200 Legacy Valve, Valhalla, NY $4,892,300 $57,500 $12,500 Bilotta Construction Corp., Rye, NY - - - WHEREAS, by letter dated April 21, 2014 from Morris Associates Engineering Consultants, PLLC, the Engineers to the ToN-,n, determined that Alternate 1 bid amount should be awarded at this time but not Alternate 2 bid amount; and WHEREAS, by letter dated April 21, 2014 from Morris Associates Engineering Consultants, PLLC, Engineers to the ToN-,n, have determined that the loNvest responsible bidder is Bibeau Construction, Inc., N ith a base bid in the amount of $2,828,750 and Alternate 1 bid in the amount of $26,000. 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. Town of lf'appinger Page 8 Printed 522'2014 Regular Meeting Minutes April 28, 2014 2. The ToN-,n of Wappinger hereby awards the bid for the construction of a Nvater distribution system Nvithin the Chelsea Hamlet area to Bibeau Construction, Inc., Nanuet, NY, in the base bid amount of $2,828,750 and Alternate 1 bid amount of $26,000. 3. In accordance Nvith the authorized bid specifications, the ToN-,n Board hereby authorizes the Supervisor to execute the contract documents as prepared by Morris Associates, including the Notice of Award and Notice to Proceed and forward a copy to Bibeau Construction, Inc., after the Attorney to the ToN-,n has confirmed that Bibeau Construction, Inc., has duly executed the contract documents, has supplied the necessary Performance Bond, Pavinent Bond and provided insurance certificates all as othery se required by the bid specifications. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-138 Yes/Ape No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler 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 April 28, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-142 Resolution Accepting Modifications To Easement For War Memorial Park WHEREAS, by Resolution dated August 22, 2011, the Town Board authorized an acceptance of a permanent easement which would authorize the Memorial to Sergeant Mark C. Palmateer on a portion of the premises owned by Greer Nine Realty Corp. (hereinafter the "Owners") located on US Route 9 near its intersection with Old Hopewell Road; and WHEREAS, the Owners have requested further amendments to the proposed easement which are highlighted in the copy of the proposed easement attached hereto as Exhibit "1"; and WHEREAS, the legal description of the proposed easement (Schedule A) and the sketch of the design of the memorial (Schedule B) have been conceptually approved by Engineer to the Town, Robert J. Gray, P.E., however the same have yet to be delivered to the Town; and WHEREAS, the Town Board hereby approves the modifications to the proposed Grant of Permanent Easement to Constrict a Memorial to the Victims of 911 and to Sergeant Mark C. Palmateer the First Wappinger Resident to Die in the War Against Terrorism, in the form attached hereto as Exhibit "1" with the understanding that the legal description of the proposed easement and the sketch of the design of the memorial will be attached at a later date, subject to the review and approval of the Engineer to the Town, Robert J. Gray, P.E. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves and accepts the modifications to the proposed Grant of Permanent Easement to Constrict a Memorial to the Victims of 911 and to Sergeant Mark C. Palmateer the First Wappinger Town of lf'appinger Page 9 Printed 522'2014 Regular Meeting Minutes April 28, 2014 Resident to Die in the War Against Terrorism, in the form attached hereto as Exhibit "1" with the understanding that the legal description of the proposed easement and the sketch of the design of the memorial will be approved at a later date, subject to the review and approval of the Engineer to the Town, Robert J. Gray, P.E. 3. The Town Board hereby authorizes acceptance of the revised permanent easement for the purposes of establishing the Palmateer Memorial Park located on the DCH Wappingers Falls Toyota site on US Route 9, Old Route 9, at its intersection with Old Hopewell Road, upon terms to be hereinafter negotiated. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-142 Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler 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 April 28, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-143 Resolution Appointing Board Of Assessment Review Member To Fill Vacancy WHEREAS, by Resolution No. 2011-126 Kristina Costa was appointed to fill a vacancy that existed on the Board of Assessment Review for the five year term of office expiring on September 30, 2014; and WHEREAS, Kristina Costa has submitted a letter to the Town Clerk dated April 27 2014 indicating that she will resign as a member of the Town of Wappinger Board of Assessment Review effective immediately creating a vacancy in the office; and WHEREAS, Carlo Pesce has expressed an interest in being appointed to the Town of Wappinger Board of Assessment Review; and WHEREAS, Carlo Pesce has a knowledge of property values in the Town of Wappinger and meets the other statutory qualifications of a member of the BAR; 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 appoints Carlo Pesce to serve as Member of the Town of Wappinger Board of Assessment Review to fill the vacancy for the term ending September 30, 2014, said appointment to be effective immediately. 3. Carlo Pesce is directed to undergo the necessary training pursuant to Real Property Tax Law § 523 and to file all necessary disclosure forms in accordance with Real Property Tax Law § 523. Town of lf'appinger Page 10 Printed 522'2014 Regular Meeting Minutes April 28, 2014 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-143 Revised Total Assessment Reduction 2012 $4,000,000.00 $3,000,000.00 $1,000,000.00 2013 $4,000,000.00 $3,000,000.00 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 Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 28, 2014 The Resolution is hereby duly declared adopted. Items for Special Consideration 1. Motion To: Untable Resolution 2014-121 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz RESOLUTION: 2014-121 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding DBvan Properties North, Llc. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2012 and 2013 by DBVan Properties North, LLC regarding real property located at 4 Marshall Road, Grid 4 6157-07-749972, seeking a reduction in the 2012 and 2013 tax assessments for their respective tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2012 and 2013, as it pertains to: Grid No.: 6157-07-749972 Year Original Total Assessment Revised Total Assessment Reduction 2012 $4,000,000.00 $3,000,000.00 $1,000,000.00 2013 $4,000,000.00 $3,000,000.00 $1,000,000.00 ; and be it further Town of lf'appinger Page 11 Printed 522'2014 Regular Meeting Minutes April 28, 2014 RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-121 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ....... ❑ ❑ ......... ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Seconder Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 28, 2014 The Resolution is hereby duly declared adopted. 4. Councilman Kuzmicz Councilman Kuzmicz asked Engineer Bob Gray for an update on Martz Field pavilion particularly when to expect completion. Bob Gray said we will be out to bid before the next town board meeting. He said he would like for it to completed in a month but if not he suggested that campers could be moved to Carnwath farms to expedite the constriction of the pavilion. We need to get the campers off the site while constriction is going on. Perhaps get it up and put the slab in at the end of the season. Councilman Kuzmicz asked about the porch at Carnwath and its update. Engineer Gray reminded Councilman Kuzmicz that the bids were over $20,000 and could not be awarded without going to bid. Supervisor Gutzler spoke with Senator Gipson's office who indicated that there could be a grant to fiend the project. Councilman Kuzmicz asked about controlling the speed with a lower speed limit on Route 376 and putting forth a resolution to the state to lower the speed to 40 MPH. Attorney Roberts indicated that the state needs more than just a request for reduction, i.e. accident data; and, that we need to beef up resolution. Councilman Beale reminded Councilman Kuzmicz that Route 9 has a 55 MPH speed limit south of Myers Corners. Attorney Roberts said he would consult w/ Dave Stollman's partner who might be able to get us some warrants in that area. Councilman Kuzmicz reminded everyone that little league opening day was this upcoming Saturday at 9:00 AM; and, reminded everyone about the Memorial Day ceremony at Schlathaus Park. 5. Councilwoman Czarniecki Councilman Czarnecki informed the board that Woodhill green has reserved town board room. 6. Councilman Beale Councilman Beale is concerned about seniors who want to dump without a license. He admitted that he doesn't know how to do it. Supervisor Gutzler promised to go through the notes that were Town of lf'appinger Page 12 Printed 522'2014 Regular Meeting Minutes April 28, 2014 taken when the town board came up with the riles and re -group to discuss it. Councilman Kuzmics suggested a time during the year for residents to have their brush and leaves picked up. Supervisor Gutzler asked the Town Clerk what went into the decision making process as a former Town Board member. The Town Clerk reminded her that he was not on the Town Board when the fees were designed and implemented. Councilman Beale asked about the WRWD sign facing route 9 and the many zoning violations that are evident there. Attorney Roberts said there was stipulation that he could keep up his junkyard and was filed with the county and approved. Councilman Bettina asked for the documentation regarding this decision. Councilman Beale warned against a possible fire at that location. He also mentioned the house across the street that had a falling roof. Engineer Gray said a remedy was coming in right away. Councilman Beale was concerned about the low opinion that outsiders could have of our town. Attorney Roberts indicated that this is a stipulation by a former town attorney over 20 years ago. X. New Business XI. Executive Session XII. Town Board Review of Vouchers RESOLUTION: 2014-139 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2014-T Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) CBG Challenger Field Central Hudson 350.89 Camo Camo 520.00 Camo 638.60 Camo Montfort Bros 298.59 NYS Empire Health Ins 7,203.37 4,979.92 3,480.76 Poughkeepsie Journal 58.32 Royal Carting 9,129.42 TOW Little League Town of lf'appinger Page 13 Printed 5/22'2014 Regular Meeting Minutes April 28, 2014 5,000.00 Home Depot 44.23 Home Depot 91.89 Home Depot 14.96 Home Depot 30.48 Home Depot 19.68 Signal Graphics 47.42 DC Sherriff Office 135.55 DC Sherriff Office 11,376.27 Sedore & Co 2,540.00 Bottoni Fuel 5,543.76 Bottoni Fuel 644.55 Al Roberts 5,865.00 1,981.71 35.00 Al Roberts Al Roberts 1,266.78 Al Roberts Al Roberts 2,263.32 Al Roberts Al Roberts Al Roberts 2,170.00 Al Roberts 37.00 Al Roberts 35.00 Al Roberts Al Roberts 1,435.00 Al Roberts Al Roberts Town of lf'appinger Page 14 Printed 5/22'2014 Regular Meeting Minutes April 28, 2014 Arkel Motors 4,628.37 Thalle Ind 610.50 Kearns Electric 120.00 Williams Lumber 241.74 Williams Lumber 61.90 Justice Court Fund 25, 533.00 Angels Power Equip 516.85 Wells Fargo 327.56 W B Mason 329.90 Auto Zone 263.69 Fredrick Awino 94.70 Hannaford 22.76 Hannaford 17.96 Hannaford 8.38 Great America Leasing 580.50 Inter City Tire 1,456.80 Donna Lenhart 130.06 Roberts IT Consulting 3,910.00 JK Power Equip 813.18 Barbara McCormack 180.00 R&J Tree Sery Herring Sanitation 450.00 Georgia Crisafulli 16.89 Domenica Haines 60.00 Totals $68,572.54 $24,239.71 $14,764.96 Town of lf'appinger Page 15 Printed 5/22'2014 Regular Meeting Minutes April 28, 2014 Vendor T33 (Parkland T92 Trust) (Planning & Zoning Escrows) Central Hudson Camo Camo Camo Camo Montfort Bros NYS Empire Health Ins Poughkeepsie Journal Royal Carting TOW Little League Home Depot Home Depot Home Depot Home Depot Home Depot Signal Graphics DC Sherriff Office DC Sherriff Office Sedore & Co Bottoni Fuel Bottoni Fuel Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Arkel Motors Thalle Ind Kearns Electric Williams Lumber Williams Lumber Justice Court Fund Angels Power Equip Wells Fargo W B Mason Auto Zone 70.00 arlisrs 1,625.00 3,045.00 192.50 787.50 HWN WU (Wappinger (United Water Main Wapp. Water Project) Fund) 1,270.00 6,440.00 1,147.50 Town of lf'appinger Page 16 Printed 5/22'2014 Regular Meeting Minutes April 28, 2014 Fredrick Awino Hannaford Hannaford Hannaford Great America Leasing Inter City Tire Donna Lenhart Roberts IT Consulting JK Power Equip Barbara McCormack R&J Tree Sery Herring Sanitation Georgia Crisafulli Domenica Haines Totals Vendor Central Hudson Camo Camo Camo Camo Montfort Bros NYS Empire Health Ins Poughkeepsie Journal Royal Carting TOW Little League Home Depot Home Depot Home Depot Home Depot Home Depot Signal Graphics $7,700.00 $70.00 $6,560.00 $15,410.00 $1,147.50 SU (United Paid Town Board Hold Wapp. Sewer fund) 350.89 910.00 520.00 638.60 298.59 15,664.05 58.32 9,129.42 5,000.00 44.23 91.89 14.96 30.48 19.68 47.42 1,625.00 Town of lf'appinger Page 17 Printed 5/22'2014 Regular Meeting Minutes April 28, 2014 DC Sherriff Office DC Sherriff Office Sedore & Co Bottoni Fuel Bottoni Fuel Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Arkel Motors Thalle Ind Kearns Electric Williams Lumber Williams Lumber Justice Court Fund Angels Power Equip 140.00 251.00 135.55 11, 376.27 2,540.00 5,543.76 644.55 7,951.71 1,147.50 1,266.78 1,270.00 2,263.32 140.00 251.00 2,170.00 37.00 35.00 6,440.00 4,480.00 787.50 4,628.37 610.50 120.00 241.74 61.90 25,533.00 516.85 192.50 Town of lf'appinger Page 18 Printed 5/22'2014 Regular Meeting Minutes April 28, 2014 Wells Fargo W B Mason Auto Zone Fredrick Awino Hannaford Hannaford Hannaford Great America Leasing Inter City Tire Donna Lenhart Roberts IT Consulting JK Power Equip Barbara McCormack RU Tree Sery Herring Sanitation Georgia Crisafulli Domenica Haines Totals $391.00 $131,190.71 327.56 329.90 263.69 94.70 22.76 17.96 8.38 580.50 1,456.80 130.06 3,910.00 813.18 180.00 7,700.00 450.00 16.89 60.00 $21,923.00 $107,450.21 $1,817.50 5 52 $131,190.71 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 April 28, 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 -2014-139 Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Mover El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter El ❑ ❑ ❑ Michael huzmicz Seconder Q ❑ ❑ ❑ Town of lf'appinger Page 19 Printed 522'2014 Regular Meeting Minutes April 28, 2014 Dated: Wappingers Falls, New York April 28, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-140 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2014-U Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) CBG Challenger Field Central Hudson 3,899.76 Central Hudson 2,136.19 Central Hudson 45.35 Central Hudson 1,421.55 Bottoni Fuel 9,391.91 Bottoni Fuel 18,011.50 West Payment Center 192.00 Al Roberts 3,972.50 Tri -Muni Sewer Comm Chemung Supply 6,793.00 Tire King 437.42 Tire King 1,086.57 Staples 33.60 Staples 58.91 Atlas Star 38.00 Schneider Elec Telvent 606.00 DC Dept of Health 95.00 Cablevision 164.80 Barbara Roberti Town of lf'appinger Page 20 Printed 5/22'2014 Regular Meeting Minutes April 28, 2014 Vendor WU 25.00 Paid Barbara Roberti (United Wapp. Wapp. 25.00 Water Sewer D & D Doors 150.00 Fund) fund) Orrick Herrington LLP 914.56 Orrick Herrington LLP 1,369.75 7,605.25 Wappinger Auto Tech 363.95 Embroid Me Joe Jr. 313.90 Comfort of Home Sery 12, 700.00 CRL Spreader Chain 827.95 Totals $15,381.70 $447.55 $44,150.17 $12,700.00 Vendor WU SU Paid (United (United Wapp. Wapp. Water Sewer Fund) fund) Central Hudson Central Hudson Central Hudson Central Hudson Bottoni Fuel Bottoni Fuel West Payment Center Al Roberts Tri -Muni Sewer Comm Chemung Supply Tire King Tire King Staples Staples Atlas Star Schneider Elec Telvent DC Dept of Health 223,417.26 3,899.76 2,136.19 45.35 1,421.55 95.00 Town of lf'appinger Page 21 Printed 5/22'2014 Regular Meeting Minutes April 28, 2014 Cablevision 164.80 Barbara Roberti Barbara Roberti D & D Doors Orrick Herrington LLP 1,060.88 914.56 Orrick Herrington LLP Wappinger Auto Tech Embroid Me Joe Jr. Comfort of Home Sery CRL Spreader Chain Totals $914.56 $224,478.14 $7,762.65 6 $298,072.12 Vendor Central Hudson Central Hudson Central Hudson Central Hudson Bottoni Fuel Bottoni Fuel West Payment Center Al Roberts Tri -Muni Sewer Comm Chemung Supply Tire King Tire King Staples Staples Atlas Star Schneider Elec Telvent DC Dept of Health Cablevision Barbara Roberti Barbara Roberti D & D Doors Orrick Herrington LLP Town Board Hold 9,391.91 18,011.50 192.00 3,972.50 223,417.26 6,793.00 437.42 1,086.57 33.60 58.91 38.00 606.00 25.00 25.00 150.00 Town of lf'appinger Page 22 Printed 5/22'2014 Regular Meeting Minutes April 28, 2014 Orrick Herrington LLP Wappinger Auto Tech Embroid Me Joe Jr. Comfort of Home Sery 2,890.00 8,975.00 363.95 313.90 12,700.00 CRL Spreader Chain 827.95 Totals $290,309.47 $0.00 21 $298,072.12 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 April 28, 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 -2014-140 B DB T92 (General (General (Highway (Planning & Yes/Aye No/Nap Abstain Absent El adopted wide) Escrows) Camo ❑ Adopted as Amended Barbara Uutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Mover Q ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael huzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 28, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-141 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2014-V Vendor A B DB T92 (General (General (Highway (Planning & Town PartTown) Fund) Zoning wide) Escrows) Camo 25.00 Town of lf'appinger Page 23 Printed 522'2014 Regular Meeting Minutes April 28, 2014 Camo 25.00 Camo 42.00 Camo 500.00 Montfort Brothers 374.40 MVP Health Ins 21,864.95 22,584.16 4,027.75 MVP Gold Health Ins 2,462.60 First Unim Life Ins 222.86 60.78 162.08 Baright Enterprises 63.00 CSEA H/W Optical Dental 3,003.84 Dept of Water Supply 130.71 Celia Sigalow Translator 140.00 Tire King 1,082.48 Village of Fishkill Staples 21.75 Fishkill Plains Garage 12.00 Wells Fargo 272.43 272.42 Poland Spring Water 117.77 CDW-G Supplies 131.64 Christian Harkins Reimburse 300.00 Cornerstone 362.19 35.12 Paetec 594.87 20.48 Sweeper Parts 1,043.35 Sweeper Parts 346.00 Town of lf'appinger Page 24 Printed 5/22'2014 Regular Meeting JK Power Equipment Totals Vendor Camo Camo Camo Camo Montfort Brothers MVP Health Ins ►GM aerie 1341MM 5 R111rW. First Unim Life Ins Baright Enterprises CSEA H/W Optical Dental Dept of Water Supply Celia Sigalow Translator Tire King Village of Fishkill Staples Fishkill Plains Garage Wells Fargo Poland Spring Water CDW-G Supplies Christian Harkins Reimburse Cornerstone Paetec Minutes 746.60 $29,252.31 1 $4,501.30 WF (Fleetwood Water District) 7,980.29 Paid 48,476.86 2,462.60 445.72 3,003.84 544.85 397.31 615.35 $26,794.62 1 $500.00 Town Board Hold 25.00 25.00 42.00 500.00 374.40 63.00 130.71 140.00 1,082.48 7,980.29 21.75 12.00 117.77 131.64 300.00 April 28, 2014 Sweeper Parts 1,043.35 Sweeper Parts 346.00 JK Power Equipment 746.60 Totals $7,980.29 $55,946.53 $13,081.99 $0.00 7 18 $69,028.52 $69,028.52 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 April 28, 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 -2014-141 Q Adopted Yes/Aye No/Nay Abstain Absent Town of lf'appinger Page 25 Printed 522'2014 Regular Meeting Minutes April 28, 2014 ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Mover Q ❑ ❑ ❑ ❑Tabled Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 28, 2014 The Resolution is hereby duly declared adopted. XIII. Adjournment XIV. Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:00 PM. Joseph P.Paoloni Town Cleric RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Town of lf'appinger Page 26 Printed 522'2014