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2014-09-22Town of Wappinger Regular Meeting — Minutes — 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, September 22, 2014 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Vincent Bettina Town of Wappinger Councilman Present 7:30 PM Ismay Czarniecki Town of Wappinger Councilwoman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Albert Roberts Town of Wappinger Attorney Present 7:30 PM Engineer Gray Town of Wappinger Engineer to the Town Present 7:30 PM Graham Foster Town of Wappinger Highway Supt. Present 7:30 PM David Stollman Town of Wappinger Planner Present 7:30 PM Barbara Roberti Town of Wappinger Zoning Adminstrator Present 7:30 PM II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Add Res.Accepting Performance Agreement Sec. by Letter of Credit in Connection with Nature Preserve RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 2. Motion To: Adopt the Ameded Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IV. Minutes Adoption 1. Motion To: Amend minutes to include "for town hall" under the discussion portion Tower of lf'appinger Page I Printed 10'152014 Regular Meeting Minutes September 22, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 2. Motion To: Adopt Amended Minutes 09/08/2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz V. Correspondence Log RESOLUTION: 2014-228 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 -2014-228 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Mover El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Seconder Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 22, 2014 The Resolution is hereby duly declared adopted. VI. Public Portion Bill rose to speak about a non -agenda item regarding Royal Carting garbage service pickup in the early hours of the morning. He cited an August town board meeting where the issue of starting time for garbage pickup was discussed. He questioned an exemption they had that he did not remember hearing at the August 2013 meeting (minutes of the discussion of both the August 23rd and September 9th are attached below). He stated that they are arriving between 5:17 AM and also at 5; 20 AM, regularly. He explained that he lives on a cul-de-sac on Drew Court where there are I I homes. Councilman Beale stated that the exemption was to be for areas Tower of lf'appinger Page 2 Printed 10'152014 Regular Meeting Minutes September 22, 2014 that had to be picked up early such as schools before the busses get there; however he recognized that Bill lives in a purely residential neighborhood. Councilwoman Czarniecki added that the context that this was discussed not only included schools, but large complexes, and commercial pick-ups. Councilman Bettina asked Town Clerk Paoloni to supply the minutes of those discussions which I have attached below. Councilman Kuzmicz suggested that the resident take a log of the dates that this happens. Resident Gary Lindstrom rose to tell what he remembered of the discussion. He said the exemption was to be for schools and large commercial not for residential areas. Local law 415-2013 attached below Resident Lindstrom gave his support to the efforts by the Town Clerk to try and broadcast Town Board meeting live and added that he is a strong component of TV coverage. Resident Lindstrom continued to comment on the town's need for a fiill time groundskeeper stating that most of his work would be mowing and summertime work that would not be needed during the winter. Councilman Kuzmicz pointed out there are plenty of things to take care of in the winter months such as garbage at the parks, our emergency services building that constantly has issues that have to be dealt with and plenty of other things that need attention. Resident Lindstrom suggested that the title be changed to better reflect the work. Supervisor Gutzler stated that the groundkeeper is the correct tittle and that is a Civil Services title and is correct. She added that Civil Service regulations allow the groundkeeper to do other duties as assigned by the town board. She added the highway department does not plow the sidewalks and parking area at town hall. This groundskeeper will plow snow at town hall, the emergency service building, and also at some of the parks. She added that she had helped shovel the town hall sidewalks. Resident Mary Schmalz asked about adding closed -caption on the live TV broadcast for the hearing impaired. Supervisor Gutzler added that this was something that we could look into. Councilman Beale re -introduced the Royal Carting garbage discussion asking the Zoning Inspector Barbara Roberti if it were a local law. Zoning Inspector Roberti affirmed. Beale asked why they had all those discussion that ended up with them adopting a law that exempts garbage tricks. Planner David Stollman interjected that they can pick up earlier than what was normal throughout the county. Supervisor Gutzler recalled that it was exempt only for commercial and schools, but not necessarily residential, but agreed to go back and look at the law. Councilman Kuzmics recalled that they originally wanted 5:00 AM as a start time and settled at 7:00 AM. Attorney Roberts disagreed pointing out that he had added stricter guidelines. Councilman Beale pointed out that he noticed garbage tricks collecting garbage on Osborne Hill Road at 4:45 AM. Councilman Kuzmics said he clearly remembers that the law stipulated residential pickup at 7:00 AM, but agreed to look at the specifics of the law. Supervisor Gutzler said that they need to get the specifics on the noise ordinance, get a list of the times, talk to Royal Carting, and if the problem persists then issue summonses. Councilman Beale asked about who would enforce this. Attorney Roberts said they would first need it in the form of an affidavit, but was interrupted by Tower of lf'appinger Page 3 Printed 10'152014 Regular Meeting Minutes September 22, 2014 a resident before he could complete the enforcement process. MINUTES ON THIS DISCUSSION FROM THE AUGUST 26TH, 2013 AND SEPTEMBER 9TH, 2013 MEETING; AND EXCERPT FROM LOACL LAW 415-2013: D. Noise Ordinance Revision- Royal Carting - August 26, 2013 Richard Cantor introduced Jim Constantino, counsel to Royal Carting and Roy Garino, route supervisor. Mr. Cantor stated that the Town had adopted a local law including an exemption for garbage tricks between the hours of 6 A.M. and 10 P.M. He explained that he was there to ask the Board to consider amending that to 5 A.M to avoid congestion on the roads and allow Royal Carting to service the schools before students and teachers arrive. He stated that he had provided the board with a letter describing the routes that were of specific concern. Councilman Kuzmicz asked if Royal Carting had been abiding by the adopted law. Mr. Cantor said that they had been. Councilman Kuzmicz stated that he had seen Royal Carting garbage tricks picking up before 6 A.M. Mr. Cantor said any violations were inadvertent and Royal Carting intends to abide by the law. Councilman Beale asked if Mr. Cantor was aware of the Town of Poughkeepsie noise ordinance. Mr. Cantor referred the question to Mr. Constantino. Mr. Constantino said that he believed the Town of Poughkeepsie had two start times in their noise ordinance. One start time for residential and one for commercial pick up. Councilman Beale said there is one start time which is 7AM and that Royal Carting tricks have been pulled over by the police for violating that ordinance. Councilman Beale explained that because of the co -mingled recycling pick up, he has received complaints from residents who can hear garbage pickup at 5 A.M. He asked why residents in Wappinger should have to hear garbage tricks at 5.AM. when residents in Poughkeepsie don't have to hear it until 7 A.M. Mr. Cantor stated that he did not believe the issue was Town of Wappinger residents vs. Town of Poughkeepsie residents. It instead is whether it makes sense for the Town of Wappinger to allow garbage pickup before 6 A.M. to reduce traffic congestion. Councilman Beale said that he disagreed. He continued that he understands that it is more efficient when there is less traffic and he would consider compromising in certain commercial areas, but not in neighborhoods. He said that he has been behind Royal carting tricks picking up in Wappinger at 4:30 in the morning. He said that the Town of Wappinger is not trying to emulate the Town of Poughkeepsie, but it can be used as an example of a town that does enforce their regulations on garbage pickup. He added that this is a quality of life issue. Councilman Bettina spoke askeing if Royal would be willing to split the time difference and move it to 5:30AM. Mr. Cantor responded that yes, 5:30AM would be better than six. He said that they are here to discuss this with the Board and will abide by their decision. They are not there to bother or annoy anyone. Councilwoman Czarniecki asked if it was possible to look at the routes that are serviced and pick up commercial areas first. Supervisor Gutzler stated that she was looking at the commercial pick up going along Route 9. Mr. Constantino said that the ordinance he had been thinking of did have two start times one for commercial one for residential. But there is difficulty when there are residential neighborhoods mixed in with commercial buildings. He continued that residential pickups are only once a week for Royal Carting so residents would only be inconvenienced by the noise once a week. Councilman Kuzmicz asked what pressing issues Royal Carting was seeing with Poughkeepsie's start time of 7:OOAM that were influencing them in wanting to pick up earlier in Wappinger. Mr. Constantino replied that it is an issue of traffic congestion and school district issues. Mr. Cantor said that they are here hoping to alleviate inconveniences to residents. Councilman Bettina asked the Board if they would consider moving the time to 5:30AM. Councilman Beale replied that he thinks that is Tower of lf'appinger Page 4 Printed 10'152014 Regular Meeting Minutes September 22, 2014 still too early. He then stated that there are multiple articles in news papers around the county about this issue. The New York Times has one discussing garbage pickup times and that many of them including the Chicago have pick up times of 7:OOAM. He stated that his priority is residential areas but that he has no issue going back to the drawing board to deal with commercial areas. He said that the issue is comingled recycling bins create more noise than regular garbage. He asked the representatives from Royal Carting to understand that in the tight knit neighborhoods where the houses are close to each other is where there is a problem. Supervisor Gutzler asked the representatives from Royal Carting if she could meet with them informally or at another Board meeting to discuss the issue again. That way they could understand the issue better. Mr. Cantor said no, that is not a problem and that they would be happy to meet with them again. Mr. Constantino stated that Royal Carting instituted single stream recycling close to two years ago and that there are nearly 35,000 cans being used. He asked if the number of complaints out of 35,000 cans was enough to warrant changing the law to a later start time. Councilman Beale said that Royal Carting is a great company but that the Board members are out knocking on doors and they have been hearing it from residents. He continued that they may not be picking up the phone and calling Royal. However, that the Board deals with the public on a more intimate level. Mr. Constantino stated that other than the Town of Poughkeepsie, he doesn't know of another town in the county that has this restriction. Councilman Beale said that there has only been the single stream recycling for six months which is much louder than dumping bags of garbage. Mr. Constantino said that the solution may lie in different start times for refuse versus recycling. Councilman Kuzmicz asked that Royal Carting abide by the regulations until any changes are made. Mr. Cantor said that they would like to meet with the Board to craft any revisions. Supervisor Gutzler agreed. VII. Discussions - September 9th, 2013 A. Royal Carting Hours of Operation Jim Constantino explained that he was there as a continuation of the discussion about the noise ordinance. He said that he proposes a change to allow garbage tricks to pick up without causing additional traffic congestion. He explained that at the conclusion of a discussion with Supervisor Gutzler, they had recommended a modification of the exception related to refuse pick up. It is currently in effect from 6AM to l OPM. Royal carting is requesting that commercial pick up begin at SAM. They also requested that refuse in residential areas be picked up at 5AM and recyclables not until 5:30AM. Councilman Beale said he doesn't have a problem with 5AM in commercial areas, but has a problem with it in residential areas. He said that possibly all pick up no earlier than 5:30AM on weekdays and 6AM on weekends and holidays. He explained that it could be 5AM Monday through Friday in commercial areas. He asked Mr. Constantino if that was acceptable. Mr. Constantino said that he was wondering about schools which are in residential areas. They could be picked up at 5:00 but the surrounding areas not until 5:30. He also described multi dwelling complexes as commercial. Councilman Beale said he had no problem with them being considered commercial. He said that they often use dumpsters. Councilwoman Czarniecki asked if even though schools are in residential areas; the school could be considered commercial. Councilman Beale said that the schools would be considered commercial. The schools could be picked up at 5:25AM and the neighborhoods at 5:30. Councilman Beale said that if that is acceptable he would sponsor an amendment. Mr. Constantino asked to consult with Al Roberts about the language of the amendments. Tower of lf'appinger Page 5 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Section 111.r worts erne to ChaDter f_fifi "No Chapter 1() a "Noise", Seton 5 . I. "Exemptions sub section 1. s t d be amendedto read follows: 166-15. I. Sound genera b�^ g;arbage trucks as follows: 1M on weekdays between :00 AM, and 10:00 F.M. when Servicing of property used for commcrcial, irndustriat, governmental, educational purposes and for multi-farnnil residential developinents containing four or more units;, hp s n a.na�ra 'a p �n°s a�d�n a sC'uk � aad vaK av ry ^'�n" u t roa � hwileo Lau Amefidowa. • 20134x 2, on weekdays burn 530 ANI, and 10:00 P.M. when servicing of p qn alies in ohne or two Wnily residential zoning districts on weelternds and lcgal holidays betweett :ilii X.l` . and 101:00 P.M. loaded garbage trucks shall perforat compacting operations in areas without residences; and , whcncver an area contains a unix of different uses, the most restrictive standard :shall appl t% 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VII. Discussions 1. Television Coverage of Town Board Meetings Tower of lf'appinger Page 6 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Councilman Beale opened the discussion asking if Rich Kaelin, the Audio -Video consultant that he had motioned for at a prior town board meeting, had ever made contact. Town Clerk Paoloni said that he had called a number of times and left many messages, but Mr. Kaelin only came by town hall briefly for a quick 5 minute look at the video room. Mr. Kaelin promised to return but never responded nor returned. Town Clerk Paoloni reminded the board that the system has been in operation for eight (8) years and was never designed nor used for Live Broadcast. It was only used for the slide presentation of events without sound and the re -broadcast of village of Wappingers Falls board meetings which it is currently doing as expected. He added that the village video is produced independently where audio is set upon recording. Once the video is complete, I download the video file where the audio levels are fixed and simply played on our equipment. Town Clerk Paoloni added that when he started at his new role as Town Clerk in January, he thought he would try to expand the fiinctionality of the existing equipment to encompass Live Broadcast. As a result of trial and error, and without a monitoring device, the board room audio became distorted with echoing and loud feedback whistling. This caused an issue with the June Media-Traq recording on the web site which is soon to be fixed by de- muxing the sound from the video and then re-muxing it at a louder volume. He added that after more research the live broadcast had to be amplified after the player that rebroadcasts the village video and in doing so the live broadcast is now working; however, a re -broadcast would require someone to turn up the volume for that re -broadcast only as the sound levels from a low powered computer signal would not re -broadcast audio well in a higher powered broadcasting environment. He explained that over the last two weekends he continued to do more research and has added a solution that he had tested and ran by the Supervisor earlier in the day. He added that it is working well and that they are broadcasting live at this moment, but re -iterated there might be a problem with the re -broadcast. Councilman Beale asked about the on-line version or the Media-Traq upload. Town Clerk Paoloni responded that there was only that one meeting where the live broadcasting was interfering with the on-line version. The major issue that due to the lack of an in -room monitoring device, a sound level is set and it would not be able to be monitored until it was viewed from home of a TV at another location. Town Clerk Paoloni added that the computer that drives the player that had been running continuously for eight years was the victim of a blown motherboard and would need replacement. As a temporary fix, he built a PC from spare parts in the garage over the weekend that would accommodate the existing software that is currently driving the system. Councilman Beale asked if there was a resolution for this. Supervisor Gutzler said that there was resolution for a transfer of fiends for IT services and this would be included. Councilman Beale said he put this on the agenda to try to get some progress and said he wasn't even sure if it fell under the Town Clerk's responsibility, but that he had taken it upon himself and did a good job. Councilman Beale asked if there is any support from Cablevision. Town Clerk Paoloni responded that IT professional Craig Roberts reached out to Cablevision's Dan Ahouse, but he hasn't heard back yet. He recalled that in 2006 as Councilman Paoloni, he felt that Cablevision provided the one-time infrastructure and set up only. Councilman Beale said that it seems that Cablevision should provide some service to help with the professional production. Town Clerk Paoloni added addressed resident Smalz's request for closed -caption for the hearing impaired by stating that the aforementioned player and switch is very old, and a newer model with closed -captioning fiunctionality would cost upwards of $15,000. Councilman Beale asked if there was any agreement between Cablevision and the town to update equipment. Town Clerk Paoloni said that when he was on the board with Councilman Beale eight years ago he remembered that they would only supply the equipment as a one-time deal; however he would look up in the records. Discussion concluded. 2. Inspection Report Wappinger Town Hall and Highway Buildings Tower of lf'appinger Page 7 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Councilman Bettina asked Engineer Gray to update the status of obtaining a COO for town hall. Engineer Gray explained that he is putting together the specifications to go out to bid for an accordion style fire door outside of the town board main meeting room which will fold up into a closet measured 8 feet by 12 inch wide. When a smoke alarm goes off it will split the building into two sections because the fire area is too large by code. He further explained that we would need three proposals per or procurement policy. According to Engineer Gray, the Code bureau agreed if you installed door then the variance will be granted and the building permit can be close out. Councilman Beale asked about its appearance. Engineer Gray said when closed up it would be barely visible and enclosed behind a sheet rock enclosure. Councilman Bettina asked about other buildings that need to be brought up to code and need to be put into the budget. Superintendent Foster said that all the equipment at the highway department has been moved outside. He noted that they would not start in cold weather. He added that a memo in 2008 from Marshall and Sterling insurance warned us of these buildings. He added that workers need to be moved out as well for insurance reasons. He suggested a need for temporary trailers to house the workers. Councilman Bettina repeated that a safe environment is necessary and fiends need to be set aside in the budget. Supervisor Gutzler pointed out that these issues are not new and cited a Southern Dutchess news article in March 2008 that identified these situations and a resolution from back in 2008 appointing a licensed professional with respect to constriction concerns at the highway garage. She added that if the board is willing to breach the town cap then they can proceed on these issues. She suggested to see what is most crucial and that the capital reserve fiends would not be enough. She continued, that while some bonds have been retired, they would need to take away from somewhere else to so that they can make some bond payments. Councilman Bettina replied that the town highway buildings have code violations all of which have to be cured. Councilwoman Czarniecki said that they have been on borrowed time for a long time and to first set up an immediate solution and then secondly to think in terms of longer term solution. Councilman Bettina said highway employees should enjoy the same quality in a building that the town hall employees enjoy at town hall. He added that safety and insurance issue at all the town's buildings need to be addressed. Councilman Beale said that they should not pretend that this has just happened as some of them were on the board. He said he has been on the board for eight years. He added they some of them had had this conversation before. He went on to say that many other capital issues had come up, i.e. in 2008 when they were having this discussion Carnwath farms needed repairs. He added that the economy started falling apart in 2008 which limited their ability to do further work down there. He said that they had a discussion with the highway department about equipment in 2010 and focused on the equipment rather than focus on the buildings. He added they did it just again in the last 18 months for snow plows. They didn't focus on the building because they needed to make sure the roads would be clear. He stated that to sit here and suggest that someone else was negligent sends a false message. Councilwoman Czarniecki stated that this now becomes the priority. Councilman Beale said that need to identify the immediate priorities. Superintendent Foster said that there is still equipment that needs to be replaced that is very old. He added that the fire departments get what they need, yet the town does not. Councilman Beale suggested that tax revenues to each of the fire districts could focus on equipment due to the lack of a payroll. Councilman Bettina asked the Engineer to look at the Donald Swartz architectural report from 2008 that may have cited some of the issues. Bob Gray asked for a meeting with Superintendent Foster and Councilman Bettina. Councilwoman Czarniecki asked to be included in meeting as the liaison to the highway department. Bob will send at an email to get mutually agreeable times. Councilman Beale asked if there was definitive number on what is the upper limit for debt service. Supervisor Gutzler responded that they Tower of lf'appinger Page 8 Printed 10'152014 Regular Meeting Minutes September 22, 2014 3. finished paying on a water and sewer bond and paid back the money that was borrowed from the water district. Zoning: Possible Code Amendments Zoning Administrator Barbara Roberti spoke of the many different zoning types that have allowed uses that don't fit in those zones anymore and those that do fit are prohibited. She asked if she could look at the code for an overhaul. She added that the town's code is not direct enough for enforcement particularly the way is was written years ago. She cited examples with regard to fences and what a half story is. Councilwoman Czarniecki made a motion to allow the Zoning Adminstrator to examine the code for possible amendments for uses. Vote followed. Councilman Bettina asked about traffic standards in the code. Planner Stollman said that he would work with the Attorney and the Zoning Administrator. Councilman Beale asked about properties on Old Hopewell road near route 9 that may need to be looked at considering the future availability of town water. Zoning Administrator Roberti said that the zoning there is 5 acre zoning. She also cited a property at the southern end of the town along route 9 that need consistency with the area. Discussion continued about other parcels. 4. Motion To: allow the Zoning Adminstrator to examine the code for possible amendments for uses RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VIII. Resolutions RESOLUTION: 2014-229 In the Matter of The Increase and Improvement of Facilities of the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York - Public Interest Order WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, consisting of the purchase and installation of replacement water meters in said Water District, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,793,000; and WHEREAS, at a meeting of said Town Board duly called and held on August 11, 2014, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of the United Wappinger Water District in said Town at a maximum estimated cost of $1,793,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Poughkeepsie, New York, in said Town, on September 8, 2014, at 7:30 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and Tower of lf'appinger Page 9 Printed 10'152014 Regular Meeting Minutes September 22, 2014 WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, 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 that it is in the public interest to make the increase and improvement of the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, consisting of the purchase and installation of replacement water meters in said Water District, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,793,000. Section 2. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-229 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ....... ❑ ❑ ......... ❑ ❑ Tabled Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn IsmavCzarniecki Mover Q ❑ ❑ ❑ Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 22, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-230 A Resolution Authorizing The Issuance Of Up To $1,793,000 Bonds Of The Town Of Wappinger, Dutchess County, New York, To Pay The Cost Of The Increase And Improvement Of The Facilities Of The United Wappinger Water District, In The Town Of Wappinger, Dutchess County, New York. WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and Chapter 117 of the Code of the Town of Wappinger, the implementation of which as proposed, it has been determined will not result in any significant environmental effects; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order of even date herewith, said Town Board has determined it to be in the public interest to improve the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, at a maximum estimated cost of $1,793,000; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, consisting of the purchase and installation of replacement water meters in said Water District, including incidental improvements and expenses in connection therewith, at Tower of lf'appinger Page 10 Printed 10'152014 Regular Meeting Minutes September 22, 2014 a maximum estimated cost of $1,793,000, there are hereby authorized to be issued up to $1,793,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $1,793,000 and that the plan for the financing thereof is by the issuance of the $1,793,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefi lness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby fiirther determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said United Wappinger Water District as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rile of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a fiill acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby fiirther authorized, at her sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Tower of lf'appinger Page 11 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent fiinding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 8 1. 00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-230 MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter El ❑ ❑ ❑ ❑ Withdrawn IsmavCzarniecki Mover Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 22, 2014 The Resolution is hereby duly declared adopted. 3. Motion To: Amendment to Resolution 231 to replace the start date from Sept 29th, 2014 to Sept 22nd, 2014. Supervisor Gutzler asks the board to make an amendment to Resolution 231 to replace the start date from Sept 29th, 2014 to Sept 22nd, 2014. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz RESOLUTION: 2014-231 Tower of lf'appinger Page 12 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Resolution Authorizing Transfer Of Funds To Cover Salary For A Full -Time Groundskeeper WHEREAS, the need exists for an additional groundskeeper to assist with the cleaning and maintenance of Town property; and WHEREAS, Michael Poplees has worked for the Town in a seasonal recreation maintenance capacity and it has been determined to be in the Town's best interest to retain Michael Poplees as a full-time groundskeeper at an annual salary of $20,930.00, to be paid in 52 weekly installments, effective September 22, 2014, pro -rated through December 31, 2014, as determined by the Town Accountant. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fidly set forth and adopted herein. 2. In order to fiind the salary of a full-time groundskeeper, the Town Board hereby authorizes the following budget line transfer: Transfer from Line Transfer to Line Amount A7620.100 A1620.101 $7,000.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-231 Yes/Aye No/Nap Abstain Absent ❑ adopted Q 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 September 22, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-232 Resolution Authorizing Town Supervisor To Sell Surplus Town And Highway Department Equipment As Scrap Tower of lf'appinger Page 13 Printed 10'152014 Regular Meeting Minutes September 22, 2014 WHEREAS, the Town Board previously authorized the following described unneeded equipment and vehicles to be sold at public auction; and WHEREAS, the aforementioned equipment and vehicles are inoperable and their only value is as scrap; and WHEREAS, no bids were received for the various surplus Town and Highway Department equipment and vehicles and the Town wishes to sell this equipment and vehicles as scrap. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fidly set forth and adopted herein. 2. The Town Board hereby authorizes the Town Supervisor to sell the following equipment and vehicles as scrap: Vehicle Ford Crown Victoria Ford Crown Victoria 1993 Ford Van 1987 GMC Dump Truck 1999 Jeep 2000 Ford Explorer Description Town Patrol Car Town Patrol Car Dog Warden Van Recreation Dump Truck Code Enforcement Vehicle Zoning Administrator Vehicle The foregoing was put to a vote which resulted as follows: VIN # 2FAHP71 W95X163531 2FAHP71 W55X163526 1FTFE24YOPHB81894 1 GDHR34J4HJ523648 1J4FF68S4XL648249 1FMZU71EXYZC68992 ✓ Vote Record - Resolution RES -2014-232 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Seconder Q ❑ ❑ ❑ ❑ Defeated William H. Beale Mover Q ❑ ❑ ❑ Q Tabled Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Tower of ll'appinger Page 14 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Michael huzmicz Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York September 22, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-233 Resolution Authorizing Transfer Of Funds For Information Technology (It) Expenses WHEREAS, the Town has determined it is necessary to cover expenses for Information Technology (IT) needs for the remainder of 2014 and has requested the transfer between budget line items to cover the expenses. 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 $7,500.00 A1620.450 A1680.400 Miscellaneous Central Data1IT Services The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-233 Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Mover El ❑ ❑ ❑ Michael huzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 22, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-234 Tower of lf'appinger Page 15 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Resolution Adopting Certificate Of Base Percentages, Current Percentages, Current Base Proportions And Certificate Of Adjusted Base Proportions From The New York State Office Of Real Property Services WHEREAS, the Town has received a Certificate of Base Percentages, Current Percentages, Current Base Proportions and Certificate of Adjusted Base Proportions for the 2014 Assessment Roll from the New York State Office of Real Property Services, dated September 10, 2014 (hereinafter "Certificate"); and WHEREAS, the Town CAP Assessor has attested to the accuracy of the aforementioned Certificate which has been prepared pursuant to RPTL Article 19 and shall be used for the levy of taxes on the 2014 Assessment Roll, a copy of said Certificate is attached hereto as Exhibit 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 of Wappinger hereby accepts and adopts the base percentages, current percentages and current base proportions as set forth in the Certificate, a copy of which is attached hereto and has been provided to the Town Board in support of this Resolution. 3. Joseph P. Paoloni, Town Cleric, is hereby authorized to certify that the Town Board adopted the base percentages, current percentages and current base proportions as set forth in the Certificate of Adjusted Base Proportions for the levy of taxes on the 2014 Assessment Roll. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-234 Yes/Aye No/Nap Abstain Absent Q adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Mover El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael huzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 22, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-238 Resolution Accepting Performance Agreement Secured By Letter Of Credit In Connection With Nature Preserve Tower of lf'appinger Page 16 Printed 10'152014 Regular Meeting Minutes September 22, 2014 WHEREAS, Nature Preserve, LLC has made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a Subdivision Plat entitled "Nature Preserve" prepared by M. A. Day Engineering, P.C., dated December 20, 2004, last revised April 17, 2014; and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval to Nature Preserve, LLC pursuant to Resolution dated September 17, 2007, subject to improvements being made and constricted within said subdivision as set forth in the constriction documents prepared and submitted in connection therewith, and subject to completion of and/or the compliance with the requirements set forth in the Town of Wappinger Subdivision Regulations, Highway Specifications, Zoning Law (including compliance with escrow deposits) and Municipal Stormwater Management Law; and WHEREAS, Town Law §277 requires that a developer of a proposed subdivision guarantee the constriction and installation of the required improvements required by the Resolution of Approval, prior to the issuance of any Certificates of Occupancy; and WHEREAS, the Town of Wappinger is requiring Nature Preserve, LLC to secure the cost of the remaining work as outlined by Mark A. Day, P.E. in a letter dated August 25, 2014, a copy of which is attached hereto and made a part hereof, and WHEREAS, to secure the obligation to guarantee the constriction and installation of the required improvements and obligations, and compliance with required escrow deposits, Carl J. Kuehner, as a Member of Nature Preserve, LLC, and individually as guarantor, has executed a Performance Agreement dated September 15, 2014 secured by a Letter of Credit issued by First Niagara Bank, bearing number 430212 and issued in favor of the Town of Wappinger in the sum of One Hundred Twenty Two Thousand Two Hundred Forty -Four Dollars ($122,244.00) posted with the Town of Wappinger, securing the obligations set forth in the Performance Agreement; and WHEREAS, Nature Preserve, LLC covenants and warrants to the Town of Wappinger that in the event Nature Preserve, LLC fails to fidly perform and complete all the requirements of the Resolution of Approval, then, upon the demand of the Town of Wappinger, the Town of Wappinger shall have the right to draw upon the Letter of Credit in an amount equal to the cost necessary to complete the required improvements; and WHEREAS, it is understood that the Town of Wappinger shall have the right to use said security toward the completion of any required improvements required by the Resolution of Approval upon the default of Nature Preserve, LLC to remedy the same after the first given written notice to Nature Preserve, LLC to do so within thirty (30) days of receipt of said notice from the Town of Wappinger; and WHEREAS, the Performance Agreement executed by Nature Preserve, LLC, and Carl J. Kuehner individually as guarantor, fiirther binds their heirs, executors, administrators, successors or assigns for the faithful performance of its obligations hereunder. 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 Performance Agreement executed by Carl J. Kuehner, as a Member of Nature Preserve, LLC, and Carl J. Kuehner, individually, in favor of the Town of Wappinger is hereby accepted as security to guarantee the completion of the constriction and installation of the improvements required by the Resolution of Approval pursuant to Town Law §277. 3. The Letter of Credit bearing number 430212, issued in favor of the Town of Wappinger, dated September 17, 2014 is hereby accepted as security for the obligations set forth in the Performance Agreement and both the original Letter of Credit and the original Tower of lf'appinger Page 17 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Performance Agreement in the amount of One Hundred Twenty Two Thousand Two Hundred Forty -Four Dollars ($122,244.00) is to be filed with the Town Cleric. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-238 Yes/Aye No/Nap Abstain Absent El 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 September 22, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-236 Resolution Scheduling Town Board Meetings To Adopt Budgets For Fiscal Year 2015 WHEREAS, the Town Supervisor, as Budget Officer, pursuant to § 106 of the Town Law, has prepared the Tentative Budget for delivery the Town Board for review, examination and possible revision; and WHEREAS, said Tentative Budget will be submitted to the Town Cleric on September 30, 2014, as required by law; and WHEREAS, a Special Town Board meeting will be scheduled for Thursday, October 2, 2014 at 7:30 p.m. for the purpose of having the Town Cleric deliver the Tentative Budget to the Town Board in accordance with Town Law § 106; and WHEREAS, New York State Town Law § 108 requires that the Town Board must hold a public hearing on the Preliminary Budget on or before the Thursday immediately following the general election in November; and WHEREAS, Town Law requires the adoption of a Final Budget on or before November 20, 2014; and Tower of lf'appinger Page 18 Printed 10'152014 Regular Meeting Minutes September 22, 2014 WHEREAS, in order to accomplish the Budget Adoption Schedule set forth in Article 8 of the Town Law, the Town Board hereby establishes the following tentative schedule of Town Board Meetings set forth below, reserving unto itself the right to change the scheduled meetings if circumstances require. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby schedules the following meetings of the Town Board to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, commencing at 7:30 p.m. on the following dates for the purpose of examining, discussing, deliberating and adopting the Town Budget for calendar year 2015, reserving unto itself the right to change the scheduled meetings if circumstances require. Special Town Board Meeting Thursday, October 2, 2014 Town Cleric to deliver Tentative Budget to the Town Board in accordance with Town Law § 106; Special Town Board Meeting Thursday, October 2, 2014 Adopt Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2015 and Setting a Public Hearing to Hear Any Objections Thereto; Regular Town Board Meeting Tuesday, October 14, 2014 Budget Discussions Regarding the following departments: • Supervisor and Town Board • Recreation, Parks and Senior Center • Accounting • Water and Sewer Districts and Improvement Areas • Drainage Districts • Code Enforcement • Highway/Buildings and Grounds; Special Town Board Meeting Monday, October 20, 2014 Budget Discussions Regarding the following departments: • Justice Court • Tax Receiver • Assessor • Town Cleric Tower of lf'appinger Page 19 Printed 10'152014 Regular Meeting Minutes September 22, 2014 • "Wrap Up"; Special Town Board Meeting Wednesday, October 22, 2014 Open Public Hearing on Proposed Benefit Assessment Roles for Special Improvements and Special Improvement Areas; Adopt Resolution Setting Public Hearing for November 5, 2014 on the Proposed Capital Budgets for Water/Sewer Districts/Improvement Areas, O&M Charges, and Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2015 and to Hear Any Objections Thereto; • Publication dates for Poughkeepsie Journal October 27, 2014 and October 29, 2014 and for Southern Dutchess News October 29, 2014; • Adopt Preliminary for Town Budget and Schedule Public Hearing on Town Budget for November 5, 2014; • Publication dates for Poughkeepsie Journal October 27, 2014 and October 29, 2014 and for Southern Dutchess News October 29, 2014; Special Town Board Meeting Wednesday, November 5, 2014 • Open Public Hearing for Budgets for Special Improvement Districts and Special Improvement Areas; • Open Public Hearing for Budgets for Quarterly Operation and Maintenance Charges, Water Rates and Sewer Rents. (Note: If possible, the Notice of Public Hearing for the Special Improvement Districts and Improvement Areas are to be sent with the Water and Sewer Quarterly Billings); • Open Public Hearing on Preliminary Town Budget; • Adopt O&M Charges and Water/Sewer Rates and Rents for Special Improvement Districts/Improvement Areas for Fiscal Year 2015; • Adopt Annual Budget for Fiscal Year 2015. BE IT FURTHER RESOLVED that the Town Clerk is hereby directed to provide notice to the public of the meetings established by this Resolution in accordance with Town Law, the Town of Wappinger Code and the Rules of Procedure of this Board. The Town Clerk is fiirther directed to post this Resolution on the sign board maintained by the Town Clerk at Town Hall, as well as the post same on the Town's website. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-236 Q Adopted Yes/Aye No/Nay Abstain Absent Tower of lf'appinger Page 20 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Dated: Wappingers Falls, New York September 22, 2014 The Resolution is hereby duly declared adopted. IX. Items for Special Consideration 1. Kuzmics Councilman Kuzmicz asked about the existing trailer issue at 27 Degarmo. Zoning administrator Roberti stated that the trailer is allowed to be there, the garbage has been cleaned up, and the grass has been cut. Councilman Kuzmicz also thanked everyone who attend the 911 services and thanked the recreation department, particularly Ralph Holt and Donna Lenhart, for their efforts in the community day event. He pointed out that the next event is Halloween parade. 2. Czarnieki Councilwoman Czarniecki asked the garbage left in the middle of the driveway at 33 Helen Garbage after maintenance had been performed. Zoning Administrator said she would look into it. 3. Beale Thanked the Supervisor and Councilman Kuzmicz for conducting the 911 ceremony. 4. Supervisor Gutzler Supervisor Gutzler thanks Councilman Beale for carrying the ceremony through and for his dedication wirh regard to the 911 service. X. New Business XI. Executive Session 1. Motion To: Go Into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: ❑ Adopted as Amended Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑Tabled Vincent Bettina Mover Q ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 22, 2014 The Resolution is hereby duly declared adopted. IX. Items for Special Consideration 1. Kuzmics Councilman Kuzmicz asked about the existing trailer issue at 27 Degarmo. Zoning administrator Roberti stated that the trailer is allowed to be there, the garbage has been cleaned up, and the grass has been cut. Councilman Kuzmicz also thanked everyone who attend the 911 services and thanked the recreation department, particularly Ralph Holt and Donna Lenhart, for their efforts in the community day event. He pointed out that the next event is Halloween parade. 2. Czarnieki Councilwoman Czarniecki asked the garbage left in the middle of the driveway at 33 Helen Garbage after maintenance had been performed. Zoning Administrator said she would look into it. 3. Beale Thanked the Supervisor and Councilman Kuzmicz for conducting the 911 ceremony. 4. Supervisor Gutzler Supervisor Gutzler thanks Councilman Beale for carrying the ceremony through and for his dedication wirh regard to the 911 service. X. New Business XI. 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: Come out of Executive Session Tower of lf'appinger Page 21 Printed 10'152014 Regular Meeting Minutes September 22, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz XII. Town Board Review of Vouchers RESOLUTION: 2014-235 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2014-UU Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) T92 (Planning & Zoning Escrows) Central Hudson 3,136.47 Central Hudson 84.36 NYCOMCO 98.00 Poughkeepsie Journal 430.52 Southern Dutchess News 464.29 Home Depot 54.23 Home Depot 8.98 Home Depot 13.98 Home Depot 26.58 Home Depot 139.13 Sedore & Co 2,540.00 Celia Sigalow(translator) 140.00 Tire King 24.95 Tire King 69.95 Reserve Account 5,000.00 Postage Atlas Star 114.81 Wells Fargo 349.65 Wells Fargo 435.00 Aflac Jay's Plumbing 2,690.10 Stormwater 500.00 Stormwater Tower of lf'appinger Page 22 Printed 10'152014 Regular Meeting Minutes September 22, 2014 25.00 Stormwater 1,675.00 Stormwater 325.00 Stormwater 275.00 Stormwater 100.00 Verizon Wireless 504.87 392.39 Jones School Supply 24.21 Merrill Supply 299.90 Merrill Supply 40.00 Roberts IT Consulting 1,402.50 Iseman 1,592.50 Iseman 122.50 Iseman 910.00 Iseman 332.50 Totals $14,833.20 $6,301.67 $332.50 $2,875.00 Vendor Central Hudson Central Hudson NYCOMCO Poughkeepsie Journal Southern Dutchess News Home Depot Home Depot Home Depot Home Depot Home Depot Sedore & Co Celia Sigalow(translator) Tire King Tire King Reserve Account Postage Atlas Star Wells Fargo Wells Fargo Aflac Jay's Plumbing Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless T16 Aflac LC (cameli LD Lighting (Chelsea District) Lighting District) 87.23 960.79 231.70 LH (Hughsonville Lighting District) 2,729.75 Tower of lf'appinger Page 23 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Jones School Supply Merrill Supply Merrill Supply Roberts IT Consulting Iseman Iseman Iseman Iseman Totals $231.70 $87.23 $960.79 $2,729.75 $28,351.84 Vendor Paid Town Board Hold Central Hudson 6,914.24 Central Hudson 84.36 NYCOMCO 98.00 Poughkeepsie Journal 430.52 Southern Dutchess News 464.29 Home Depot 54.23 Home Depot 8.98 Home Depot 13.98 Home Depot 26.58 Home Depot 139.13 Sedore & Co 2,540.00 Celia Sigalow(translator) 140.00 Tire King 24.95 Tire King 69.95 Reserve Account 5,000.00 Postage Atlas Star 114.81 Wells Fargo 349.65 Wells Fargo 435.00 Aflac 231.70 Jay's Plumbing 2,690.10 Stormwater 500.00 Stormwater 25.00 Stormwater 1,675.00 Stormwater 325.00 Stormwater 275.00 Stormwater 100.00 Verizon Wireless 897.26 Tower of lf'appinger Page 24 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Jones School Supply -2014-235 B DB T92 24.21 (General Merrill Supply (Planning Yes/Aye No/Nap Abstain 299.90 El adopted Merrill Supply 40.00 ❑ Adopted as Amended Roberts IT Consulting Barbara Uutzler Voter El ❑ ❑ 1,402.50 ❑ Defeated Iseman William H. Beale Voter El ❑ ❑ 1,592.50 ❑ Tabled Iseman Vincent Bettina Seconder El ❑ ❑ 122.50 ❑ Withdrawn Iseman Ismav Czarniecki Votes El ❑ ❑ 910.00 Iseman Michael huzmicz Mover Q ❑ ❑ 332.50 Totals $13,912.21 $13,939.63 $500.00 3 14 $28,351.84 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 September 22, 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 -2014-235 B DB T92 (General (General (Highway (Planning Yes/Aye No/Nap Abstain Absent El adopted ❑ Adopted as Amended Barbara Uutzler Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn Ismav Czarniecki Votes El ❑ ❑ ❑ Michael huzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 22, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-237 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2014 -VV Vendor A B DB T92 (General (General (Highway (Planning Town PartTown) Fund) & Zoning Tower of lf'appinger Page 25 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Vendor WF WH WT WU (Fleetwood (Watchhill (Tall Trees (United Water District) Water Water Wapp. Tower of lf'appinger Page 26 Printed 10'152014 wide) Escrows) Poughkeepsie Journal 30.67 Camo 2,932.50 Camo 360.00 Camo Camo Camo Camo 422.50 Camo 638.60 Lawrence Paggi 2,531.25 NYCOMCO 64.00 1,496.00 Royal Carting 15,623.10 Mid Hud Fasteners 612.85 Al Roberts 8,417.50 DC Soil & Water Cons 500.00 Wappinger United 2,000.00 Soccer Coffee Systems 31.66 Chemung Supply Thalle 557.96 Williams Lumber 47.76 Hyzer Tools 108.00 Justice Court Fund 23,130.00 Tilcon 1,555.05 Tilcon Zee Medical 427.25 Cablevision 164.80 Airflow 359.00 Great America Fin Sery 580.50 Delta Dental 1,387.34 346.98 John Weber 150.00 Totals $53,435.67 $410.98 $4,804.87 $5,823.75 Vendor WF WH WT WU (Fleetwood (Watchhill (Tall Trees (United Water District) Water Water Wapp. Tower of lf'appinger Page 26 Printed 10'152014 Regular Meeting Poughkeepsie Journal Camo Camo Camo Camo Camo Camo Camo Lawrence Paggi NYCOMCO Royal Carting Mid Hud Fasteners Al Roberts DC Soil & Water Cons Wappinger United Soccer Coffee Systems Chemung Supply Thalle Williams Lumber Hyzer Tools Justice Court Fund Tilcon Tilcon Zee Medical Cablevision Airflow Great America Fin Sery Delta Dental John Weber Totals Minutes District) District) Water Fund) 2,250.00 1,541.67 2,991.67 73,995.83 $2,250.00 $1,541.67 $2,991.67 $73,995.83 Vendor SF SM SW SU (Fleetwood (Mid Point (Wildwood (United Sewer fund) Park Sewer Sewer fund) Wapp. fund) Sewer fund) Poughkeepsie Journal Camo Camo Camo Camo Camo Camo Camo Lawrence Paggi NYCOMCO Royal Carting Mid Hud Fasteners Al Roberts DC Soil & Water Cons Wappinger United Soccer Coffee Systems Chemung Supply 8,168.33 9,708.33 13,166.67 56,833.33 September 22, 2014 Tower of lf'appinger Page 27 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Thalle Williams Lumber Hyzer Tools Justice Court Fund Tilcon Tilcon Zee Medical Cablevision Airflow Great America Fin Sery Delta Dental John Weber Totals Vendor Poughkeepsie Journal Camo Camo Camo Camo Camo Camo Camo Lawrence Paggi NYCOMCO Royal Carting Mid Hud Fasteners Al Roberts DC Soil & Water Cons Wappinger United Soccer Coffee Systems Chemung Supply Thalle Williams Lumber Hyzer Tools Justice Court Fund Tilcon Tilcon Zee Medical Cablevision Airflow Great America Fin Sery Delta Dental John Weber $8,168.33 $9,708.33 $13,166.67 $56,833.33 (HBM) HWG HWN Paid Roads (Wildwood (Wappinger Resurfacing Drive & Water Main Granger Project) Place) 30.67 7,136.68 15,445.00 2,015.00 Totals $7,136.68 $15,445.00 $2,015.00 $257,727.78 Vendor Town Board Hold Poughkeepsie Journal $30.67 1 Tower of lf'appinger Page 28 Printed 10'152014 Regular Meeting Minutes September 22, 2014 Camo 2,932.50 Camo 360.00 Camo 80,779.17 Camo 87,876.66 Yes/Aye Camo 2,015.00 Absent Camo 422.50 Camo 638.60 Lawrence Paggi 2,531.25 NYCOMCO 1,560.00 Voter Royal Carting 15,623.10 ❑ Mid Hud Fasteners 612.85 Al Roberts 8,417.50 El DC Soil & Water Cons 500.00 ❑ Wappinger United 2,000.00 Vincent Bettina Soccer El ❑ Coffee Systems 31.66 ❑ Withdrawn Chemung Supply 15,445.00 Votes Thalle 557.96 ❑ Williams Lumber 47.76 Hyzer Tools 108.00 Q Justice Court Fund 23,130.00 ❑ Tilcon 1,555.05 Tilcon 7,136.68 Zee Medical 427.25 Cablevision 164.80 Airflow 359.00 Great America Fin Sery 580.50 Delta Dental 1,734.32 John Weber 150.00 Totals $255,165.86 $2,531.25 27 $257,727.78 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 September 22, 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 -2014-237 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 Votes El ❑ ❑ ❑ Michael huzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 22, 2014 The Resolution is hereby duly declared adopted. Tower of lf'appinger Page 29 Printed 10'152014 Regular Meeting Minutes September 22, 2014 XIII. Adjournment 1. Motion To: Adjourn Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 2. Motion To: Adjourn RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Tower of lf'appinger Page 30 Printed 10'152014