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2014-05-27Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph P. Paoloni Town Clerk Tuesday, May 27, 2014 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present William H. Beale Town of Wappinger Councilman Late 7:32 PM Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Michael Kuzmicz Town of Wappinger Councilman Present Robert Gray Town of Wappinger Engineer to the Town Present Albert Roberts Town of Wappinger Attorney to the Town Present Graham Foster Town of Wappinger Highway Superintendent Present II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Adopt the agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IV. Minutes Approval Monday, April 28, 2014 RESULT: ACCEPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz V. Correspondence Log RESOLUTION: 2014-151 Resolution Authorizing the Acceptance of the Correspondence Log Town of lf'appinger Page I Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 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 Cleric. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-151 MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 27, 2014 The Resolution is hereby duly declared adopted. VI. Public Portion 1. Motion To: Open the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 2. Resident Statement None 3. Motion To: Close the Floor RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VII. Discussions A. IT needs for the Town -Craig Roberts 1. Motion To: Motion to Authorize the Spending of $3,050 Dollars for Town Clerk's Laserfiche Upgrade Town of lf'appinger Page 2 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 B. C. IT Consultant Craig Roberts expressed the Laserfische needs that need special attention. He explained that the application was outdated and on an antiquated server. He needs to move it to one of the new town servers which will require a software upgrade of the Lasfische process. He added that he originally received a quote for $3,800. Councilman Kuzmics questioned an additional quote of $3,050. Town Clerk Joseph Paoloni explained that he had called the vendor and negotiated a better price of $3,050 versus the original quote of $3,800 saving the town $750. The reduction was primarily a reduction in the training which the Town Clerk's office that is well versed in Laserfische processes. Councilman Beale asked if it was budgeted. Supervisor Gutzler suggested that it could come out of the contingency line item. On another note, Councilman Beale asked for Wi-Fi access. Consultant Roberts explained that Wi- Fi access was limited due to security needs which were confirmed by Supervisor Gutzler. Town Clerk Paoloni mentioned that in his first week on the job in January he contacted Cablevision (Optimum) and asked to have the Optimum Wi-Fi turned up so that town hall visitors could access the weak existing 'Not Spot' signal at town hall, but has not heard back from them. Councilman Beale asked Consultant Roberts to find a more senior contact at Cablevision. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Hazard Mitigation Grant Program -Victor Cornelius Supervisor Gutzler introduced grant writer Victor Cornelius. Mr. Cornelius explained that he had 2 contracts put in for grants. Councilman Bettina asked about grants for repair of the docks at the Chelsea waterfront. Mr. Cornelius asked if we had a waterfront revitalization plan. Supervisor Gutzler said no. Councilman Bettina asked what we can expect from the monies we have expended and the bottom line of the return. Victor replied that we spent $10,000 thus far and that a number of his clients have been rejected, but we have not been rejected, but the final decision will happen prior to this year's election. Mr. Cornelius said we submit the application by June 15 and he will need information from the town engineer by the next Monday. Councilman Beale asked about the $200,000 that he set up for the county. Mr. Cornelius said it was for the aeration unit for the Tri Muni sewer plant and the inter- municipal grant program for the county executive offices. Mr. Cornelius also explained that individual municipalities can apply for the hazard mitigation grant program and has applied for it in December. Councilman Beale clarified by saying that it is a county program that individual towns opt into and that we are not the direct recipient. Palmateer Tournament at Robinson Lane Zoning Violation Enforcement Councilman Beale addresses enforcement of zoning laws. He pointed out that some letters sent to zoning violators are sent to vacant properties where nobody lives. Zoning administrator Barbara Roberti pointed out that until we have such information we cannot direct it to the proper address. Councilman Bettina suggested a registered letter. The discussion continued regarding the process of citing a violator Town of lf'appinger Page 3 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 and subsequent repeat violation that lead to court. Councilman Beale offered the use of the town patrol as an option. E. Recycle Center 1. Motion To: effective July I st the Town Recycle Center no longer accepts CR TVS Councilman Kuzmicz brought up the recycle center rules for trailers. A resident complained that a small car pulling a trailer should not have to pay for a car pass and a trailer pass. Councilman Kuzmicz added he just wanted to bring it to the attention to the board should they want to make changes during the next budget cycle. Councilman Beale made a motion to discontinue the disposal of large cathode ray tube TVs from July 1s' 2014 forward. Councilwoman Czarniecki seconded it and the motion passed. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VIII. Public Hearings 1. Motion To: Open the public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Amendments To The Town's Comprehensive Plan In Connection With Rezoning A Property To The Conservation Commercial (CC) District No Discussion RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 2. Motion To: Open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Town of lf'appinger Page 4 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 Local Law No. Of 2014 Amending The Town's Zoning Map For The Purpose Of Rezoning A Property To The Conservation Commercial (CC) District Mary Schmalz asked the location. Supervisor Gutzler replied, 26 Myers Corners Road. RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 3. Motion To: Open the public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Local Law No. Of 2014 Which Would Amend Chapter 122, Fees And Fines, And Chapter 240, Zoning, Of The Town Code With Respect To Accessory Apartments Supervisor Gutzler explained that comments were received by the county and asked to adjourn the public hearing to address the questions only received the prior Friday. Councilman Bettina moved it Councilman Kuzmicz seconded it. RESULT: ADJOURNED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 4. Motion To: Open the public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Local Law No. Of The Year 2014, Amending Chapter 133 Of The Town Code Known As Flood Damage Prevention Supervisor Gutzler explained that this is just accepting the revisions to the flood panels along the Fishkill Creek. Town of lf'appinger Page 5 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 RESULT: CLOSED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IX. Resolutions RESOLUTION: 2014-152 Resolution Amending The Town's Comprehensive Plan In Connection With Rezoning A Property To The Conservation Commercial (CC) District WHEREAS, the Town Board is considering the adoption of Local Law No. of 2014 which would amend the Town's Zoning Map for the purpose of rezoning a property to the Conservation Commercial (CC) zoning district; and WHEREAS, the subject property is located at 26 Myers Corners Road and is designated 6157-02-787923 on the Town tax maps (the "Subject Property"); 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, the adoption of a Resolution amending the Town's Comprehensive Plan, and Site Plan Approval of a proposed office use; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted Action pursuant to SEQRA and WEQR; and WHEREAS, the Town Board is entertaining said rezoning and an analogous amendment to the Town's Comprehensive Plan; and WHEREAS, in accordance with Section 272-a of the New York State Town Law, the Town Board referred the proposed amendment to the Comprehensive Plan to the Town Planning Board for its advisory opinion; and WHEREAS, in response to said referral the Town Planning Board responded and stated ; and WHEREAS, as also in accordance with Sections 239-1 and in of the New York State General Municipal Law, the Town Board referred the proposed amendment to the Comprehensive Plan to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and stated ; and WHEREAS, the Town Board has given due consideration to the comments of the Planning Board and the DCDPD; and WHEREAS, on May 27, 2014 the Town Board held a public hearing on the proposed amendment to the Comprehensive Plan at which time all of those interested were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. Town of lf'appinger Page 6 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 2. The Town of Wappinger 2010 Comprehensive Plan Recommended Land Use map is hereby amended so as to change the designation of the Subject Property from the Medium Density Residential designation to the Conservation Commercial designation. 3. The Town of Wappinger Comprehensive Plan is hereby amended so as to add the following paragraph after paragraph 419 in the Recommendations section of the Land Use chapter (p. 99): "20. This Plan recommends the extension of a Conservation Commercial (CC) zoning district along the southerly side of Myers Corners Road to the east so as to encompass the Farley property at 26 Myers Corners Road into this CC District for the purpose of making appropriate use of this long-time vacant parcel." The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-152 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 May 27, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-153 Resolution Adopting Local Law No. Of 2014 Amending The Town's Zoning Map For The Purpose Of Rezoning A Property To The Conservation Commercial (CC) District WHEREAS, a resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of 2014, which would amend the Town's Zoning Map for the purpose of rezoning a property to the Conservation Commercial (CC) zoning district; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on May 27,2014 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, 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, the adoption of a Resolution amending the Town's Comprehensive Plan, and Site Plan Approval of a proposed office use; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted Action Town of lf'appinger Page 7 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 pursuant to SEQRA and WEQR; and WHEREAS, after performing a designation of Lead Agency procedure in accordance with SEQRA, the Planning Board became the Lead Agency for this action; and WHEREAS, after considering the potential environmental impacts with respect to the Proposed Action, the Planning Board, as Lead Agency, issued a Negative Declaration, thereby finding that the Proposed Action will have no significant adverse impacts upon the environment, and thereby ending the SEQRA process with respect to this matter; and WHEREAS, in accordance with Section 240-112 of the Town Zoning Law, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, in response to said referral the Town Planning Board responded and stated ; and WHEREAS, as also in accordance with Sections 239-1 and m of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and stated and WHEREAS, the Town Board has given due consideration to the comments of the Planning Board and the DCDPD; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if frilly set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. of 2014, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in frill force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-153 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 May 27, 2014 Town of lf'appinger Page 8 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-154 Resolution Adopting Local Law No. —Of 2014 Which Would Amend Chapter 122, Fees And Fines, And Chapter 240, Zoning, Of The Town Code With Respect To Accessory Apartments WHEREAS, the Town Board is considering the amendment of Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code with respect to accessory apartments; and WHEREAS, a resolution was duly adopted by the Town Board introducing a proposed Local Law entitled, "Local Law No. of 2014, which would amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town Code with respect to accessory apartments" (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, the Town Board had a Full Environmental Assessment Form prepared by Frederick P. Clark Associates, Inc., the Town's Planning Consultants, which FEAF analyzes the potential for environmental impacts resulting from the proposed Local Law; and WHEREAS, in accordance with Sections 239-1 and in of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD); and WHEREAS, the DCDPD responded to the above mentioned referral by correspondence to the Town Board dated May 23, 2014 which in part states: "The Board should consider all our comments, but for the reasons stated above, we recommend the Board not approve the proposed Town Code amendments until the following two conditions have been met: 1. The minimum lot size should be the minimum lot size for the district in which the property is located. 2. Remove the fee for non -familial tenant inspections or apply the inspection fee to all accessory units. Voting and Report Requirements: If the Board acts contrary to our recommendation, the law requires that it do so by a majority plus one of the full membership of the Board and that it notify us of the reasons for its decision;" and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and Town of lf'appinger Page 9 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 WHEREAS, a Public Hearing on the proposed Local Law was opened on June 2, 2014 and adjourned to June 9, 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, 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. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-154 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler mover Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ Q Tabled Vincent Bettina Voter Q ❑ ❑ ❑ Withdrawn ❑ Ismav Czarniecki Voter Q ❑ ❑ ❑ Next: 6/9/14 7:30 PAI Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 27, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-155 Resolution Adopting "Local Law No. 5 Of The Year 2014, Amending Chapter 133 Of The Town Code Known As Flood Damage Prevention" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing proposed "Local Law No. of the Year 2014, Amending Chapter 133 of the Town Code known as Flood Damage Prevention"; and WHEREAS, the Public Hearing was duly advertised in the Poughkeepsie Journal and the Southern Dutchess News, the official newspapers of the Town; and WHEREAS, the Public Hearing was held on May 27, 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 determined that the proposed Local Law was not subject to Environmental Review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, 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 of the Town of Wappinger hereby adopts "Local Law No. of the Year 2014, Amending Chapter 133 of the Town Code known as Flood Town of lf'appinger Page 10 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 Damage Prevention", a copy of which is attached hereto and made part of this Resolution. 3. The Town Cleric is directed to enter said Local Law in the minutes of this meeting and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-155 Q _adopted ❑ Adopted as Amended Yes/Ape No/Nap Yes/Aye No/Nap Abstain Absent Q adopted Voter Q ❑ ❑ ❑ ❑ Tabled William H. Beale ❑ Adopted as Amended ❑ Barbara Uutzler Voter Q ❑ ❑ ❑ ❑ Defeated ❑ William H. Beale Voter Q ....... ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn IsmavCzarniecki Mover Q ❑ ❑ ❑ Michael huzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 27, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-156 Resolution Authorizing Change Order No. 2 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 at the Challenger Fields at the Robinson Lane Sports Complex; and WHEREAS, by Resolution adopted by the Town Board on April 28, 2014, the Town Board approved Change Order No. 1 to the aforementioned contract in the amount of $1,795.00, which resulted in a revised contract sum in the amount of $16,785.00; and WHEREAS, Greg W. Bolner, P.E. of Clark Patterson Lee Design Professionals, the Engineer for this project, has identified necessary changes to the Contract and has recommended that the Town Board approve Change Order No. 2 to the Contract dated May 16, 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. 2 to the above mentioned Contract in the amount of $5,300.00 which Change Order will bring the revised Contract sum to the amount of $22,085.00 all as set forth in Change Order No. 2 dated May 16, 2014, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-156 Q _adopted ❑ Adopted as Amended Yes/Ape No/Nap Abstain Absent ❑ Defeated Barbara Uutzler Voter Q ❑ ❑ ❑ ❑ Tabled William H. Beale Seconder Q ❑ ❑ ❑ ❑ Withdrawn Vincent Bettina Voter Q ❑ ❑ ❑ Town of ll'appinger Page 11 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 Ismav Czarniecki Voter El ❑ ❑ ❑ Michael huzmicz Mover El ❑ ❑ ❑ Dated: Wappingers Falls, New York May 27, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-157 Resolution Authorizing Refund Of Unused Escrow For Mid -Hudson Chinese Christian Church Site Plan (Account 08-3166 & 11-6023PP) WHEREAS, on or about December 8, 2008, Chising Lai, Treasurer of the Mid - Hudson Chinese Christian Church (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 08-3166; and WHEREAS, on or about December 12, 2008, the Applicant deposited Seven Thousand Five Hundred Dollars ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, on or about March 2, 2011, the Applicant deposited Three Thousand Seven Hundred Fifty Dollars ($3,750.00) into an escrow account with the Town of Wappinger in connection with post planning review fees under Application Number 11-6023PP. WHEREAS, additional deposits were made; and WHEREAS, the project has been withdrawn by the Applicant by letter dated March 19, 2014; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Two Thousand Four Hundred Sixty -Five 30/100 Dollars ($2,465.30) remains in escrow account number 08-3166 and a balance of Three Thousand Seven Hundred Fifty Dollars ($3,750.00) remains in escrow account number 11-6023PP and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to the Applicant in the amount of Two Thousand Four Hundred Sixty -Five 30/100 Dollars ($2,465.30) from escrow account number 08-3166 and a refund to the Applicant in the amount of Three Thousand Seven Hundred Fifty Dollars ($3,750.00) from escrow account number 11-6023PP, representing the unused escrow balances for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-157 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Mover El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑Tabled Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Seconder Q ❑ ❑ ❑ Town of ll'appinger Page 12 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 Michael huzmicz Mover El ❑ ❑ ❑ Dated: Wappingers Falls, New York May 27, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-158 Resolution Requesting NYS Department Of Transportation To Authorize A Speed Limit Of 40 MPH On Route 376 WHEREAS, Members of the Town Board have received numerous concerns and requests from residents of the Town of Wappinger that the speed limit on Route 376 be lowered to 40 mph from 50 mph; and WHEREAS, the jurisdiction to establish speed limit on Route 376 vests with the New York State Department of Transportation; and WHEREAS, the Town Board determines that it is in the best interest of the traveling public, and for the general public health, safety and welfare of the residents of the Town of Wappinger, to request that the New York State Department of Transportation establish a 40 mph speed limit on Route 376 in the Town of Wappinger. 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 hereby requests that the New York State Department of Transportation formally establish a speed limit of 40 mph on Route 376 in the Town of Wappinger. 3. The Town Board further authorizes Michael Galante, a Traffic Engineer, of Frederick P. Clark Associates, Inc., to supply such supporting data as will justify a reduction in the speed limit to 40 mph. 4. The Town Board hereby authorizes Supervisor Barbara A. Gutzler, on behalf of the Town, to submit a written request to the New York State Department of Transportation to establish and reduce the speed limit on Route 376 to 40 mph. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-158 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 May 27, 2014 The Resolution is hereby duly declared adopted. Town of lf'appinger Page 13 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 RESOLUTION: 2014-159 Resolution Authorizing The Acquisition Of Title Insurance In Connection With The DCH War Memorial Easement WHEREAS, the Town of Wappinger has acquired an easement from Greer Nine Realty Corp., DCH Investments, Inc. (New York) and DCH NY Motors, LLC d/b/a DCH Wappingers Falls Toyota in connection with the War Memorial being placed on property located on U.S. Route 9 at its intersection with Old Hopewell Road; and WHEREAS, the Attorney to the Town, Albert P. Roberts, has recommended that the Town obtain title insurance in connection with the aforementioned easement in the fee policy amount of $200,000.00 at a premium of $1,029.00, because of the multiple party interests in the property and the extensive improvements the Town will be undertaking within the easement. 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, Albert P. Roberts, to procure title insurance in favor of the Town in connection with the aforementioned easement in the fee policy amount of $200,000.00 at a premium of $1,029.00. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-159 Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler 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 May 27, 2014 The Resolution is hereby duly declared adopted. X. Items for Special Consideration A. Councilman Kuzmicz Councilman Kuzmicz asked about an update on the Martz Field Pavilion from Engineer Gray. Engineer Gray said that we are going out to bid tomorrow. Councilman Kuzmicz asked for a completion date by lune 30th. Engineer Gray said it would be difficult. Councilman Kuzmicz also thanked all in the town involved with the recent Memorial Day ceremony and for all their hard work in making it a success. Town of lf'appinger Page 14 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 B. Councilman Beale Councilman Beale expressed for the record that the mayor of the city of Poughkeepsie was impressed with the town of Wappinger's memorial day ceremony. He pointed out that we have mostly volunteers the only expense is the tents. The monument was dedicated. C. Supervisor Gutzler Supervisor Gutzler pointed out that one of the county legislators from the town of LaGrange came for a second year in a row and was also impressed with out ceremony. She also pointed out there was not an empty seat. She also was impressed with the ceremony at Castlepoint. XI. New Business XII. Executive Session 1. Motion To: Go into executive session RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 2. Motion To: Return from Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz XIII. Town Board Review of Vouchers RESOLUTION: 2014-160 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2014-Z Vendor A B DB (General (General (Highway Town wide) PartTown) Fund) Camo 618.00 Camo 585.00 Town of lf'appinger Page 15 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 NYS Empire H/I Prem NYCOMCO NYCOMCO Sedore & Co West Law Payment Cent Staples Comm of Finance Lakeside Plastics Inc W. B. Mason Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Great America Financial Dutchess Pro Print Sweeper Parts Joe Johnson Equip Totals 4,979.92 3,480.76 7,203.37 64.00 1,496.00 98.00 2,540.00 453.60 49.27 721.39 1,142.00 329.90 75.00 375.00 580.50 3.36 369.10 1,118.52 $4,674.66 $615.36 $4,125.62 Vendor T92 (Planning Paid Town Board & Zoning Escrows) Camo 618.00 Camo 585.00 Town of lf'appinger Page 16 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 NYS Empire H/I Prem Q adopted 15,664.05 NYCOMCO 1,560.00 NYCOMCO 98.00 Sedore & Co 2,540.00 West Law Payment Cent 453.60 Staples 49.27 Comm of Finance 721.39 Lakeside Plastics Inc 1,142.00 W. B. Mason 329.90 Stormwater 75.00 Stormwater 1,525.00 1,525.00 Stormwater 575.00 575.00 Stormwater 225.00 225.00 Stormwater 175.00 175.00 Stormwater 375.00 Great America Financial 580.50 Dutchess Pro Print 3.36 Sweeper Parts 369.10 Joe Johnson Equip 1,118.52 Totals $2,500.00 $0.00 $11,915.64 0 18 $11,915.64 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 May 27, 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 -2014-160 Q adopted ❑ Adopted as Amended Yes/Aye No/Nap Abstain Absent Town of lf'appinger Page 17 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 ❑ Defeated Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Tabled William H. Beale Seconder Q ❑ ❑ ❑ ❑ Withdrawn Vincent Bettina Voter Q ❑ ❑ ❑ 2,635.17 Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael huzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 27, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-161 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2014 -AA Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) CBG (Challenger Baseball Field) Camo Camo Central Hudson 2,635.17 Central Hudson 60.26 Mid Hudson Fastener 859.50 Thomson -Westlaw 660.00 Thomson -Westlaw 192.00 HO Penn Machinery 121.99 Aladdin Tent Rental 1,168.50 Al Roberts 682.50 Al Roberts 7,035.00 Al Roberts 8,329.16 3,255.00 467.50 62.50 Al Roberts 175.00 Town of lf'appinger Page 18 Printed 6'19'2014 Regular Meeting Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Thalle Ind Tire King Justice Court Fund Staples Cablevision Wells Fargo Dawn Turpin C&C Hydraulics C&C Hydraulics Ultimate Pest Control Dutchess ProPrint Dutchess ProPrint Hudson Valley Telephone Herring Sanitation Freno Plumbing Totals Minutes 682.50 3,447.50 37.00 35.00 21.00 23, 362.50 8.66 164.80 327.56 57.60 50.00 3.36 4.80 506.82 496.82 1,232.50 600.00 1,975.00 $47,198.71 $8,343.66 $3,413.07 $62.50 May 27, 2014 Town of lf'appinger Page 19 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 Vendor Camo Camo Central Hudson Central Hudson Mid Hudson Fastener Thomson -Westlaw Thomson -Westlaw HO Penn Machinery Aladdin Tent Rental 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 Thalle Ind Tire King Justice Court Fund Staples Cablevision Wells Fargo Dawn Turpin C&C Hydraulics C&C Hydraulics Ultimate Pest Control Dutchess ProPrint Dutchess ProPrint Hudson Valley Telephone Herring Sanitation Freno Plumbing Totals Vendor T99 (Water T92 HWN WU (United & Sewer (Planning & (Wappinger Wapp. Water Hook up) Zoning Water Main Fund) Escrows) Project) 1,040.00 500.00 245.00 3,255.00 1,312.50 1,117.50 2,023.19 2,695.00 $1,312.50 $5,040.00 $3,140.69 $2,695.00 SU Paid Town Board Hold (United Town of lf'appinger Page 20 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 Camo Camo Central Hudson Central Hudson Mid Hudson Fastener Thomson -Westlaw Thomson -Westlaw HO Penn Machinery Aladdin Tent Rental 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 Thalle Ind Tire King Justice Court Fund Staples Cablevision Wapp. Sewer fund) 157.50 1,545.00 2,635.17 60.26 164.80 859.50 660.00 192.00 121.99 1,168.50 927.50 7,035.00 12,114.16 3,430.00 682.50 3,447.50 37.00 35.00 157.50 2,695.00 2,857.50 1,117.50 2,023.19 300.44 21.00 23,362.50 8.66 1,040.00 500.00 Town of lf'appinger Page 21 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 Wells Fargo 327.56 Dawn Turpin 57.60 C&C Hydraulics 506.82 C&C Hydraulics Yes/Aye No/Nap 496.82 Ultimate Pest Control El adopted 50.00 Dutchess ProPrint 3.36 Dutchess ProPrint ❑ Adopted as Amended 4.80 Hudson Valley El Telephone 1,232.50 Herring Sanitation ❑ Defeated 600.00 Freno Plumbing El ❑ 1,975.00 Totals $1,702.50 $3,187.79 $68,180.84 4 29 Voter $72,908.63 $72,908.63 $1,540.00 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 May 27, 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 -2014-161 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 Voter El ❑ ❑ ❑ Michael huzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 27, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-162 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2014 -BB Vendor I A B DB T92 Town of lf'appinger Page 22 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 Town of lf'appinger Page 23 Printed 6'19'2014 (General Town wide) (General PartTown) (Highway Fund) (Planning & Zoning Escrows) Central Hudson 43.12 Central Hudson 608.71 Central Hudson 1,124.66 Montfort Bros 218.59 Montfort Bros 60.00 Southern Dut News 235.68 DC Sheriff Office 10949.37 MVP Health Ins 4027.75 22,584.16 21,864.95 Corbin Excavating 644.00 Carquest 51.57 Rosemary Flower Shop 593.00 Frederick P. Clark 2,577.60 619.20 Frederick P. Clark 8,985.60 Frederick P. Clark 1,742.40 Frederick P. Clark 158.40 Frederick P. Clark 99.00 Thalle Ind 461.59 Tilcon 2,294.73 Hyatt's Garage 160.00 Staples Staples 49.19 Wells Fargo Town of lf'appinger Page 23 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 168.97 Wells Fargo 272.43 272.42 Barbara Roberti 25.00 Poland Spring 155.99 W. B. Mason 22.78 HV River Valley Tours 1,200.00 Sweeper Parts 339.80 JK Power Equip 542.88 Regina Dauzat 24.86 Totals $27,341.56 $18,137.01 $26,095.23 $11,604.60 Vendor WU (United Wapp. Water Fund) SU (United Wapp. Sewer fund) Paid Central Hudson 43.12 Central Hudson 608.71 Central Hudson 1,124.66 Montfort Bros Montfort Bros Southern Dut News DC Sheriff Office MVP Health Ins 48,476.86 Corbin Excavating Carquest Rosemary Flower Shop Frederick P. Clark Frederick P. Clark Frederick P. Clark Town of lf'appinger Page 24 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 Frederick P. Clark Frederick P. Clark Thalle Ind Tilcon Hyatt's Garage Staples 8.30 8.30 Staples Wells Fargo 168.97 Wells Fargo 544.85 Barbara Roberti Poland Spring W. B. Mason HV River Valley Tours Sweeper Parts JK Power Equip Regina Dauzat Totals $8.30 $8.30 $50,967.17 6 $83,195.00 Hold Vendor Town Board Central Hudson Central Hudson Central Hudson Montfort Bros 218.59 Montfort Bros 60.00 Southern Dut News 235.68 DC Sheriff Office 10,949.37 MVP Health Ins Corbin Excavating 644.00 Carquest 51.57 Rosemary Flower Shop 593.00 Frederick P. Clark 3,196.80 Frederick P. Clark 8,985.60 Frederick P. Clark 1,742.40 Town of lf'appinger Page 25 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 Frederick P. Clark Frederick P. Clark Thalle Ind Tilcon Hyatt's Garage Staples Staples Wells Fargo Wells Fargo Barbara Roberti Poland Spring W. B. Mason HV River Valley Tours Sweeper Parts JK Power Equip Regina Dauzat Totals 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 May 27, 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 158.40 99.00 461.59 2,294.73 160.00 16.60 Yes/Aye 49.19 Abstain 25.00 El adopted 155.99 22.78 1,200.00 339.80 ❑ Adopted as 542.88 Barbara Gutzler 24.86 El $30,228.03 $1,999.80 21 $83,195.00 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 May 27, 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 -2014-162 Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael huzmicz Mover Q ❑ ❑ ❑ Town of ll'appinger Page 26 Printed 6'19'2014 Regular Meeting Minutes May 27, 2014 Dated: Wappingers Falls, New York May 27, 2014 The Resolution is hereby duly declared adopted. XIV. Adjournment XV. Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:26PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Joseph P. Paoloni Town Clerk Town of lf'appinger Page 27 Printed 6'19'2014