Loading...
2014-06-09Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph P. Paoloni Town Clerk Monday, lune 9, 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 Present Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Michael Kuzmicz Town of Wappinger Councilman Present II. Salute to the Flag III. Adoption of Agenda Motion To: Adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IV. Minutes Adoption Monday, May 12, 2014 RESULT: ACCEPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz V. Correspondence Log RESOLUTION: 2014-163 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. Town of lf'appinger Page I Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 VI. 0 B. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-163 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Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Mover El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Seconder Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2014 The Resolution is hereby duly declared adopted. Discussions Dinner Theater/Zoning Amendments Motion To: Accept the Petition, Refer the Petition to the Planning Board and set Escrow at $1,500 Attorney Jennifer Vantigh came in front of the board to discuss a text amendment to the COP zone to include dinner theaters as a permissible use. She is asking the board to accept a petition to rezone, setting an escrow, and refer to the planning board for a recommendation. Councilman Kuzmicz fully supports the rezone of said property for the use to include Dinner Theater use in a COP zone. Councilwoman Czarniecki frilly agreed. Councilnman Beale asked if restauants are permissible in a COP zone and wants to make sure this does not contradict previous legislative intent effects with theater and restaurant uses in this zone. Supervisor Gutzler asked for a motion to accept the petition to rezone said property, refer to planning board and set escrow at $1,500. Motion passed. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Toll Brother water needs at Regency (formerly Hilltop) Attorney Richard O'Rourke came in front of the board to discuss the water needs at the Toll Brothers Regency currently under development. Proposed 62,136 gallons per day irrigation needs may need additional water for landscaping . They will try to drill a well to supplement what was already approved. Toll has estimated usage was an estimated at 22,000 gallons per day and 40,000 gallons per day for irrigation. Additionally, they will download meter readings to Camo Water and Sewer and to the town. They came to advise the board of this and asked to make the connection. Councilman Bettina asked for clarification on whether the town will increase the allowance or not. Camo Water and Sewer professional Mike Tremper clarified that they will NOT be allocated extra capacity. Councilman Bettina astutely asked about the Town of lf'appinger Page 2 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 prohibited concurrent use of a private well along with municipal use. Mr. Tremper explained that there must be an air gap between the systems, keeping them separate, to be approved. Councilwoman Czarnieki asked if water was found would the allocated usage be under utilized reducing the effective draw on the water supply. Attorney O'Rourke afffirmed that private water was much preferred to the cost of municipal water. Discussion continued. C. Mayor Matt Alexander re efficiency and shared services grants Village of Wappingers Falls Mayor Matt Alexander came to the town board to discuss grants. He explained a grant to study the analysis of sediment and chemical accumulation in the Wappinger Lake. They are asking for a phase one study to an analysis of the sediment and phosphorous loading, the decreased depth in the lake, and the state of the watershed. The study would look at all of the properties upstream and flood resiliency and storm water runoff This program would pay half of the cost that would be shared by the three municipalities, i.e. the Town of Poughkeepsie, the village of Wappingers Falls, and the town of Wappinger. This program pays half of the cost. A phase two study would offer 75% funding for renewable energy sources putting solar panels at various places throughout the three municipalities, and planning for the waterfront renewable project. A phase three would be $1.9 million in led lighting with 75% covered with grants. Mt. Alvernia would get $200,000, the town of Poughkeepsie would pay $600,000 and the town of Wappinger would pay $395,000 with 75% covered with grants. This would create a micro grid get power usage down to 65%, power remaining usage with renewable sources. Three other grant programs include waterfront revitalization and would cost $250,000 for the town of Wappingers and $250,000 for the village and $200,000 to create village trails and dock from the town of Poughkeepsie side of the lake. The second is a Bio Swale GIGP program will manage flooding which is a $750,000 project with 90% paid. The third is a planning and re- development study of the bleachery. He would also like to apply for money in a capital improvement to sewer line taking the Woodhill green condominiums off their sewer capacity. We would be eligible for 20% funding of a $5 million project with 20% or a $1.2 request to be funded by the Woodhill Green condominiums. He asked for the towns support on any or all of the programs. Town of lf'appinger Page 3 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 0 E. Councilman Bettina asked for an aggregate total. Mayor Alexander said that the town of Wappinger would be responsible for 1/3 of 25% of the $250,000 or approximately $20,833. Additionally, the town of Wappinger would have to pay 25% of $395,000 for LED lighting or approximately $100,000. Bettina also asked how fast we recoup the investment and that there is no guarantee that we will get money. Mayor Alexander explained that there is no outlay of money for preparatory work and that the village is paying for all preparatory costs for grants. The town needs only put forth letters of support letting the village quarterback the entire process. Councilman Beale asked how the lighting districts would be charged. Attorney Horan explained that lighting would come out of the B/DB outside village tax base and some out of the lighting district fiend. There was uncertainty as to the costs of the sewer improvements. Mayor Alexander explained that this would include all lighted areas of the town including Robinson lane ball fields. The town board all confirmed that if grants were no obtained then there would be no cost for the town of Wappinger. Should grants or partial grants be obtained the town would then need to fund the un -granted portion. The town board approved the initiative set forth by the mayor. Motion To: Motion to Support the Initiatives proposed by Mayor Alexander RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Cablevision representatives re suspension of local news program Representative explained that they would not be able to attend tonight. UWWD extension down Route 9 (Bob Gray) Engineer Bob Gray explained his feasibility study to extend the water district down route 9. The base plan from old route 9 to N&S with mains on both sides of the highway for better lateral access. There are 24 properties that currently have to treat their water. It takes 5 gallons of water to treat 1 gallon of water. The next step would be to meet with property owners to discuss their costs. The board discussed their availability for an information meeting. An afternoon meeting was set for June 24th at 1-3PM. Councilman Beale confirmed the overall plan that the water lines go from BJs across route 9 both north to the village line along old route 9 North; and, south down the west side of route 9 across the highway to Adams down the east side to Mac Farland drive to the Pavilion and back to the loop on Old Hopewell road. At the cross to Adams it will also continue on the west of route 9 to Lawrence Farms across route 9 to N&S to the Fishkill line. It will also go to up the east side of route 9 to Smithtown road back up to Mac Farland Drive completing the loop. Town of lf'appinger Page 4 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 VII. Public Portion Motion To: Open the Floor to Public Comment RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Public Comment Resident Gary Lindstrom is in favor of the dinner theater and in favor of using non drinking water for irrigation. Mary Scmhalz asked for clarification on the water line that it goes to Fishkill. She also confirmed that the property owners would pay for the water expansion. Additionally, she asked how long are they using the parking lot near Carnwath. Bob Gray explained they are using the parking lot for the water expansion. Futrthermore, she asked what funds are being transferred. Supervisor Gutzler explained that it all recreation. Motion To: Close the Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VIII. Public Hearings Motion To: Open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, 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 RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: Open the Public Hearing Town of lf'appinger Page 5 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz In the Matter of The Establishment of Extension No. 3 to the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IX. Resolutions 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 Town of lf'appinger Page 6 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 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 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 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 June 09, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-164 A Resolution Of The Town Of Wappinger, Dutchess County, New York As To SEQRA Determination BE IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess County, as follows: Section 1. It is hereby determined that the Board adopting this resolution has declared itself to be the lead agency under the State Environmental Quality Review Act ("SEQRA") and the regulations promulgated thereunder for purposes of determining the environmental impact of the project described in Section 3 hereof. Town of lf'appinger Page 7 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 Section 2. Based upon the Short Environmental Assessment Form attached hereto and made a part hereof, it is hereby determined that the project described in Section 3 hereof is an Unlisted Action which, such regulations provide will not have a significant impact upon the environment. Section 3. The project which is the subject of this resolution is described as follows: Establishment of Extension No. 3 to the United Wappinger Sewer District and purchase and installation of sanitary sewer collection pipes and pump station, and incidental improvements and expenses Section 4. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-164 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 June 09, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-165 A Resolution Making Certain Determinations In Relation To And Finding It To Be In The Public Interest To Establish Extension No. 3 To The United Wappinger Sewer District In The Town Of Wappinger, Dutchess County, New York. WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed sewer district extension, to be known as Extension No. 3 to the United Wappinger Sewer District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates Engineering Consultants, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the purchase and installation of sanitary sewer collection pipes and pump station, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more frilly described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $10,000; and Town of lf'appinger Page 8 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 WHEREAS, in addition to the cost of improvements, the Petitioners are required to pay a capital buy -in fee for the pro -rata cost of existing facilities pursuant to Town Code § 236-6 in the amount of $4,800.00; and WHEREAS, the cost of said improvements shall be paid in frill by the owner of the property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension having a sole parcel, is $0, and $0 to the one or two family home therein; and WHEREAS, the estimated cost of said Extension to the typical property therein having a sole parcel, in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $793.60 and is same to the one or two family home therein; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects and has hereby issued a Negative Determination of Significance; a Short Environmental Assessment Form has been prepared in connection therewith and is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on May 6, 2014, reciting a description of the boundaries of said proposed Extension No. 3 to the United Wappinger Sewer District, the improvements proposed, the $10,000 maximum amount proposed to be expended for said improvements, the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 9t1' day of June, 2014, at 7:30 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 3 to the United Wappinger Sewer District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said petition and said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The petition for establishment of said proposed Extension No. 3 to the United Wappinger Sewer District was signed and acknowledged or proven or authenticated as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No. 3 to United Wappinger Sewer District, as described in the preambles hereof, are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed Extension No. 3 to United Wappinger Sewer District; and d) The establishment of said proposed Extension No. 3 to United Wappinger Sewer District is in the public interest. Town of lf'appinger Page 9 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 Section 2. The Town Cleric shall, within ten (10) days of adoption hereof, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York. Section 3. This resolution shall take effect immediately in accordance with the provision of Section 194(1) of the Town Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-165 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 Ismav Czarniecki Seconder Q ❑ ❑ ❑ Michael huzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-166 A Resolution Approving The Establishment Of Extension No. 3 To The United Wappinger Sewer District And The Improvements In Connection Therewith. WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed sewer district extension, to be known as Extension No. 3 to the United Wappinger Sewer District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the purchase and installation of sanitary sewer collection pipes and pump station, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more frilly described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $10,000; and WHEREAS, in addition to the cost of improvements, the Petitioners are required to pay a capital buy -in fee for the pro -rata cost of existing facilities pursuant to Town Code § 236-6 in the amount of $4,800.00; and WHEREAS, the cost of said improvements shall be paid in frill by the owner of the property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension having a sole parcel, is $0, and $0 to the one or two family home therein; and Town of lf'appinger Page 10 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 WHEREAS, the estimated cost of said Extension to the typical property therein having a sole parcel, in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $793.60 and is same to the one or two family home therein; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects and has hereby issued a Negative Determination of Significance; a Short Environmental Assessment Form has been prepared in connection therewith and is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on May 6, 2014, reciting a description of the boundaries of said proposed Extension No. 3 to the United Wappinger Sewer District, the improvements proposed, the $10,000 maximum amount proposed to be expended for said improvements, the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 9t1' day of June, 2014, at 7:30 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 3 to the Extension No. 3 to the United Wappinger Sewer District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said petition and said map, plan and report and the evidence given at said public hearing; and WHEREAS, said Town Board has adopted a resolution on this date making the findings and determinations required pursuant to Section 194 (1) of the Town Law; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows in accordance with the provision of Section 194(2) of the Town Law: Section 1. The establishment of Extension No. 3 to the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvements proposed therefor consisting of the purchase and installation of sanitary sewer collection pipes and pump station, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more frilly described in the map, plan and report hereinbefore described, at a maximum estimated cost of $10,000, is hereby approved. The cost of said improvements shall be paid by the owner of the property therein and no serial bonds of said Town shall be issued therefore. Section 2. Said Extension shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. Section 3. The Town Clerk shall, within ten (10) days of adoption hereof, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, and shall cause a certified copy to be duly recorded in the office of the County Clerk. Section 4. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY. Town of lf'appinger Page 11 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-166 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 Ismav Czarniecki Seconder Q ❑ ❑ ❑ Michael huzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-167 Resolution Authorizing Bibeau Construction Co., Inc. To Use Parking Lot At Carnwath Farms WHEREAS, Bibeau Constriction Co., Inc. (hereinafter "Bibeau") was awarded the contract for the United Wappinger Water District Water Main Extension to Chelsea Hamlet (hereinafter "Chelsea Hamlet Extension"); and WHEREAS, a Notice to Proceed to commence work pursuant to the contract was duly issued by the Town requiring Bibeau to immediately commence work on the Chelsea Hamlet Extension; and WHEREAS, Bibeau is in need of a location in which to place a site constriction trailer; and WHEREAS, Bibeau has indicated that the parking lot at Carnwath Farms would be an ideal location for the placement of the site constriction trailer for this project. 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 authorizes Bibeau to place a site constriction trailer on the parking lot located at Carnwath Farms subject to appropriate permits being issued by the Town of Wappinger Building/Zoning Department for the placement of the constriction trailer, together with any permits required for an electrical hook-up for the trailer. 3. The Town Board hereby waives any fees for the issuance of the aforementioned permits. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-167 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 Mover Q ❑ ❑ ❑ Michael huzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York Town of lf'appinger Page 12 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 June 09, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-168 Resolution Authorizing Transfer Of Funds WHEREAS, Donna Lenhart has made a request to the Town Supervisor to offer an outdoor T'ai Chi program for the residents of the Town of Wappinger to be held at Schlathaus Park; and WHEREAS, the new T'ai Chi program will replace the Volleyball program and the funds from the Volleyball program will be used for the new T'ai Chi program; and WHEREAS, in order to fiend the new T'ai Chi program, fiends from the Volleyball program will have to be transferred into a new T'ai Chi budget line to cover the costs of the new T'ai Chi program. 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 $500.00 A7140.106 Volleyball A7140.118 T'ai Chi The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-168 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 Q ❑ ❑ ❑ Michael huzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-169 Resolution Authorizing Transfer Of Funds WHEREAS, the Senior Citizens Director position is currently vacant; and WHEREAS, Additional duties have been performed by the Assistant Senior Citizens Director; and WHEREAS, the Town Board desires to compensate the Assistant Senior Citizens Director for the additional duties. 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. Town of lf'appinger Page 13 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 2. The Town Board hereby agrees to compensation in the sum of $750.00. 3. In order to fiend said compensation, the Town Board hereby authorizes the following budget line transfer: Transfer from Line Transfer to Line Amount A7620.100 Sr. Citizens Director A7620.101 FT Assistant $750.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-169 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 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2014 The Resolution is hereby duly declared adopted. X. Items for Special Consideration A. Councilwoman Czarniecki Councilwoman Czarniecki pointed out that the Wildwood Manor condominiums will be using the town hall. B. Supervisor Gutzler Supervisor Gutzler mentioned that the Dutchess County Board of elections would like to use our board room for training election inspectors and would like to waive our fee. Councilman Beale would like a proceedure in place to summarize of who should get the fee waived or not. C. Councilman Beale Councilman Beale expressed his dissatisfaction with the old gas station property at the southeast side of Old Hopewell road and route 9. D. Councilman Bettina Councilman Bettina spoke of a trench underneath the tracks at the Chelsea Yacht club to nen a water pipe through the easement to tap into the DEP project. Engineer Gray questioned whether MTA needed to be involved. He said the next step would be to meet with the Yacht club to see if this was feasible. Town of lf'appinger Page 14 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 E. Supervisor Gutzler Supervisor Gutzler said the Grinnel Library has a new executive director and that she met with her to see if we could pool our resources. XI. New Business No new business. XII. Executive Session No executive session. XIII. Town Board Review of Vouchers RESOLUTION: 2014-170 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2014 -CC Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) HWN (Wappinger Water Main Project) Central Hudson 335.30 Central Hudson 82.13 Central Hudson 35.07 Central Hudson 61.81 MVP Gold 2,462.60 Cablevision 13.53 Camo 25.00 Camo 25.00 Poughkeepsie Journal 91.41 Bottoni Fuel 9,688.25 Bottoni Fuel Town of lf'appinger Page 15 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 526.16 Bottoni Fuel 968.70 Bottoni Fuel 1,261.03 West Law 302.40 Philip Ortiz Mfg Cort 800.00 Graham Foster 98.77 Capital Market Advisors 300.00 Coffee Systems 60.73 Arkel Motors 94.42 CSEA H/I Premiums 3,003.84 Tilcon 715.32 Staples 33.71 Cornerstone 35.12 359.04 Morris Associates 9,057.34 Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates 1,617.51 4,350.74 3,234.95 Clark Patterson Lee Hud River Valley Tours 4,510.00 Paetec 21.75 590.99 Central Hudson 70.41 Central Hudson 188.12 Town of lf'appinger Page 16 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 Central Hudson 2,684.27 Totals $19,338.15 $1,674.38 $17,635.55 $9,057.34 Vendor CBG T33 HWF T92 (Planning (Challenger (Parklands (Filtration & Zoning Baseball Trust Fund) Systems of Escrows) Field) Hilltop & Atlas) Central Hudson Central Hudson Central Hudson Central Hudson MVP Gold Cablevision Camo Camo Poughkeepsie Journal Bottoni Fuel Bottoni Fuel Bottoni Fuel Bottoni Fuel West Law Philip Ortiz Mfg Cort Graham Foster Capital Market Advisors Coffee Systems Arkel Motors CSEA H/I Premiums Tilcon Staples Cornerstone Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Clark Patterson Lee Hud River Valley Tours Paetec Central Hudson Central Hudson Central Hudson Totals 2,175.60 500.00 20,135.80 210.75 1,345.50 1,205.75 843.00 11,980.00 $500.00 $2,175.60 $20,135.80 $15,585.00 Town of lf'appinger Page 17 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 Vendor WU (United Wapp. Water Fund) SU (United Wapp. Sewer fund) Paid Central Hudson 335.30 Central Hudson 82.13 Central Hudson 35.07 Central Hudson 61.81 MVP Gold 2,462.60 Cablevision 13.53 Camo Camo Poughkeepsie Journal Bottoni Fuel Bottoni Fuel Bottoni Fuel Bottoni Fuel West Law Philip Ortiz Mfg Cort Graham Foster Capital Market Advisors Coffee Systems Arkel Motors CSEA H/I Premiums 3,003.84 Tilcon Staples Cornerstone 394.16 Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Town of lf'appinger Page 18 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 Morris Associates 5,445.36 5,825.84 Clark Patterson Lee Hud River Valley Tours Paetec 612.74 Central Hudson 70.41 Central Hudson 188.12 Central Hudson 2,684.27 Totals $5,445.36 $5,825.84 $9,943.98 12 $97,373.02 Hold Vendor Town Board Central Hudson Central Hudson Central Hudson Central Hudson MVP Gold Cablevision Camo 25.00 Camo 25.00 Poughkeepsie 91.41 Journal Bottoni Fuel 9,688.25 Bottoni Fuel 526.16 Bottoni Fuel 968.70 Bottoni Fuel 1,261.03 West Law 302.40 Philip Ortiz Mfg Cort 800.00 Graham Foster 98.77 Capital Market 300.00 Advisors Coffee Systems 60.73 Arkel Motors 94.42 CSEA H/I Premiums Tilcon 715.32 Staples 33.71 Cornerstone Morris Associates 9,057.34 Morris Associates 2,175.60 Morris Associates 210.75 Morris Associates Town of lf'appinger Page 19 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 Morris Associates - Resolution RES -2014-170 Morris Associates DB Morris Associates (General 52,590.20 Clark Patterson Lee 500.00 Hud River Valley Yes/Aye Tours 4,510.00 Paetec Q adopted Central Hudson Central Hudson Escrows) Central Hudson Totals $81,648.44 19 $97,373.02 1,345.50 1,205.75 843.00 $5,780.60 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 June 9, 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 -2014-170 B DB T92 (General (General (Highway (Planning & Yes/Aye No/Nap Abstain Absent Q adopted wide) Escrows) Marshall & Sterling Ins ❑ 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 June 09, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-171 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board Claim Packet: 2014 -DD Vendor A B DB T92 (General (General (Highway (Planning & Town PartTown) Fund) Zoning wide) Escrows) Marshall & Sterling Ins Town of lf'appinger Page 20 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 150.00 Poughkeepsie Journal 267.81 Southern Dut News 120.47 Mid Hudson Fasteners 246.92 Corbin Excavating 594.00 First Unim Life Ins 222.86 60.78 162.08 Carquest 688.26 Carquest 32.63 513.73 Dut County Truck Parts 42.52 Tilcon 2,172.25 Staples 240.21 Staples 119.61 Staples 17.28 Cablevision 73.43 Wells Fargo 168.97 Wells Fargo 349.65 Wells Fargo 435.00 Aflac W.B. Mason 23.99 W.B. Mason 53.40 Allstate Perfect Comfort 312.50 Mike Mindel Concert 700.00 Town of lf'appinger Page 21 Printed 7'10'2014 Regular Meeting Hud River Valley Tours 2,302.00 Hannaford 17.96 Hannaford 8.38 Dutchess Proprint Tony Basile in the pocket 650.00 Iseman Iseman Iseman 35.00 Iseman 70.00 Iseman 385.00 Hoffman Equip Mid Hud Chinese Church Mid Hud Chinese Church Treeman Sery Inn Bibeau Construction Bibeau Construction Minutes lune 9, 2014 1881M ; 1,085.00 PJAZA YK 2,465.30 3,750.00 Totals $6,095.03 1 $1,835.70 1 $5,335.91 1$6,215.30 1 Vendor HWN T16 T14 (Wappinger (Aflac (Allstate Water Main Insurance) Insurance) Project) Marshall & Sterling Ins Poughkeepsie Journal Southern Dut News Mid Hudson Fasteners Corbin Excavating First Unim Life Ins Carquest Carquest Dut County Truck Parts SU (United Wapp. Sewer fund) 271.13 Town of lf'appinger Page 22 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 Tilcon Paid Staples Hold Staples Staples Cablevision Wells Fargo Wells Fargo Wells Fargo Aflac 231.70 W.B. Mason W.B. Mason Allstate 866.08 Perfect Comfort Mike Mindel Concert Hud River Valley Tours 445.72 Hannaford Hannaford Dutchess Proprint Tony Basile in the pocket Iseman Iseman Iseman Iseman Iseman Hoffman Equip Mid Hud Chinese Church Mid Hud Chinese Church Treeman Sery Inn 1,000.00 Bibeau Construction 26,125.00 Bibeau Construction 92,150.00 Totals $119,275.00 $231.70 $866.08 Vendor Paid Town Board Hold Marshall & Sterling Ins 150.00 Poughkeepsie Journal 267.81 Southern Dut News 391.60 Mid Hudson Fasteners 246.92 Corbin Excavating 594.00 First Unim Life Ins 445.72 Carquest 688.26 Carquest 546.36 Dut County Truck Parts 42.52 Tilcon 2,172.25 Staples 240.21 Staples 119.61 Staples 17.28 Cablevision 73.43 Wells Fargo $271.13 $140,125.85 Town of lf'appinger Page 23 Printed 7'10'2014 Regular Meeting Minutes lune 9, 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 June 9, 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 -2014-171 168.97 Wells Fargo Yes/Aye No/NapAbstdin Absent 349.65 Wells Fargo 435.00 Aflac 231.70 W.B. Mason 23.99 W.B. Mason 53.40 Allstate 866.08 Perfect Comfort 312.50 Mike Mindel Concert 700.00 Hud River Valley Tours 2,302.00 Hannaford 17.96 Hannaford 8.38 Dutchess Proprint 28.80 Tony Basile in the pocket 650.00 Iseman 1,085.00 Iseman 227.50 Iseman 35.00 Iseman 70.00 Iseman 385.00 Hoffman Equip 688.65 Mid Hud Chinese Church 2,465.30 Mid Hud Chinese Church 3,750.00 Treeman Sery Inn 1,000.00 Bibeau Construction 26,125.00 Bibeau Construction 92,150.00 Totals $8,785.85 $126,688.00 $4,652.00 9 26 4 $140,125.85 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 June 9, 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 -2014-171 Q adopted ❑ Adopted as Amended Yes/Aye No/NapAbstdin Absent Town of lf'appinger Page 24 Printed 7'10'2014 Regular Meeting Minutes lune 9, 2014 ❑ Defeated Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Tabled William H. Beale Voter Q ❑ ❑ ❑ ❑ Withdrawn Vincent Bettina Mover Q ❑ ❑ ❑ Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 09, 2014 The Resolution is hereby duly declared adopted. XIV. Adjournment XV. Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:10 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Joseph P. Paoloni Town Clerk Town of lf'appinger Page 25 Printed 7'10'2014