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2014-12-08Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, December 8, 2014 7:30 PM Town Hall Call to Order Supervisor Barbara Gutzler called the meeting to order at 7:30 PM. Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Late 7:32 PM Vincent Bettina Town of Wappinger Deputy Supervisor Present 7:30 PM Ismay Czarniecki Town of Wappinger Councilwoman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:30 PM David Stolman Planner Present 7:30 PM Bob Gray Engineer Present 7:30 PM Jim Horan Attorney Present 7:30 PM Salute to the Flag Adoption of Agenda 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IV. Correspondence Log RESOLUTION: 2014-295 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: Town of Wappinger Page 1 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 ✓ Vote Record - Resolution RES -2014-295 ACCEPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Vincent BettinaVoter Q El El ElElWithdrawn Ismay Czarnecki_ Mover Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2014 The Resolution is hereby duly declared adopted. V. Accept November 24, 2014 Minutes 1. Monday, November 24, 2014 RESULT: ACCEPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz VI. Public Portion 1. Motion To: Open Public Portion Resident Schmalz asked why there was a discussion after executive session. Supervisor Gutzler replied that the board has been advised by counsel to discuss this particular item in executive session because it does involve legal advice. Afterwards, the board can discuss the item and vote if thev choose in an oven forum. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Town of Wappinger Page 2 Printed 1/7/2015 Regular Meeting VII. Discussions 1. Victor Cornelius: grants update Minutes December 8, 2014 Victor Cornelius rose to review an array of open grant applications. The list was a follows: • He explained a 2nd round with the county or a 2nd version inter -municipal grant request for the tri -municipal aeration system totaling $400,000 with the town of Wappinger benefitting up to 50%. He is still waiting to hear from a hazard mitigation program grant that was put in November of 2013. He said we are on the priority list for the disaster relief for $3.6 million in funding. These are currently being awarded to communities where there are FEMA approved hazard mitigation plans. The county is acting as the umbrella for this community and inching forward and in effect by 2016. He is expecting the supervisor to get a call from the state in a few months for a request for more information where they would in -turn forward it on the FEMA. • Regretfully, a grant for looping, storm water and waste water projects for 1.2 mm is not moving forward. He is putting together an executive summary for all the projects he is planning to work on and will circulate this summary to all board members for their comments and prioritization. He is hoping to submit a proposal to Congressman Maloney for a water and sewer on the east side of Route 9. He is looking for EDA support for the big bucks and commercial players. Additionally, he mentioned that there is going to be a nice package on infrastructure projects through congress this year. Councilman Kuzmicz mentioned a $5 billion dollar win -fall. Mr. Cornelius said that was another reason to get these projects moving. Mr. Cornelius said that he needs numerical information from the engineer. Other projects that he is looking at are a running sewer to Hughsonville. Councilman Bettina asked about a link to Chelsea's 600 apartments. Mr. Cornelius mentioned Carnwath restoration and stabilization studies as a regional economic generator. He is also looking at stabilization studies plan for the barn and solicit partnership for a grant package to prepare by June. He spoke of the Woodhill Green water situation. He will be emailing to the board the filing which includes an amended filing with the Environmental Facilities Organization allowing for 2 possibilities. He is asking for discussion and consideration on this. They both involve the town proceeding with a bond issue on behalf of those residents which they will pay for. One is $2.4 million to resuscitate and rehabilitate their own well system. The 2nd is to hook into town's aquifer for supply, a $1.7 million issue. He has two grants out that would cover a large portion of this. The listing would give them a 3 year building loan at 1% and then roll over into a 30 year note at prevailing market rates. He cited that the town's capacity is in question as they Town of Wappinger Page 3 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 would be using 35,000 gallons per day. He mentioned that they have a terrible chloride program. The Village has agreed to do the financing for the sewer system because of their failing septic systems and its impact their water supply. Lastly, the Village, the Town of Poughkeepsie, and the Town of Wappinger are jointly undertaking a watershed study to pinpoint what development has occurred, is storm water management failing, and are they polluting aquifers. This is to help manage severe storm events and maximizing aquifer output. There is a $280,000 cost for that study and the Town of Poughkeepsie agreed to be lead agency. Councilwoman Czarnecki asked how long it would take to get the executive summary of the study. He replied that it would take 2 weeks. Councilman Beale asked what authority we have over the Woodhill Green water system. Attorney Horan explained that it would be a lease as an added district user or an extension of the district. Most likely it is permissible governmental purpose. While it is prohibitive to use government's good credit to benefit a private party, there is provisions for it when there is a good purpose such as preventing pollution, protecting the watershed, or some health reason. Councilman Beale expressed concern that there are a significant number of grant initiatives that are going on that he is now hearing for the first time with decisions and priorities that are not involving the town board. Mr. Cornelius explained that this is why he wants to submit all the materials to them and get all their commentary. He said that the town board needs to review grant applications before they are filed. Councilman Beale said that the town has had Mr. Cornelius working for 2 years and has not seen a dollar yet. Tri -Muni is a separate entity as we are only a tenant. He suggested that these things need to be looked at in a workshop format and we need to look at our own failing systems. Victor said he would be delighted to have that workshop and will provide the executive summaries in the next two weeks and meet. He explained that the state is not offering a lot of awards and the state has monopolized a lot of the money. Councilman Bettina asked if he could meet separately. Victor asked if they should meet separately of individually. Councilman Bettina said that he would like workshop. Councilwoman Czarnecki asked for exec summary. Attorney Horan explained the difficulty of the grant process. He noted that the grant process has changed quite a bit and a lot of opportunities has disappeared and funneled through a regional economic development process. He explained that the state sometimes will not announce the how much money and what programs are available until the last minute. He compared it to shooting at a moving process. Lastly, he noted that those that create jobs are looked at more favorably, such as the Carnwath idea with its catering aspect. The discussion concluded. 2. Motion To: Recommend application for re -zone & upon receipt of the fee to recommend it to the planning board regarding Fakhoury Re -Zone. Mr. Charles May, representing Michael Fakhoury, came to speak to the town board requesting a rezone of a 6.280 acre property located at the intersection of Route 376 and Maloney Road. Presently the property is zoned R-40; but, had just recently been zoned A.I. or Airport Industrial properties and converted to residential R-40. He presented a map which showed the town board what the property would actually look like, once complete. The map showed a self -storage warehouse that would be adjacent to a commercial mall to the west and diagonal from a gas Town of Wappinger Page 4 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 station on Route 376. Directly across Maloney Road are the Village Crest apartments with well over two -hundred apartments where there is always a need for self -storage at some point. The applicant found that need would be justified in that location due to the compatibility of the surrounding self -storage needs of the surrounding properties, and the high volume of traffic passing on Route 376. In previous applications regarding this property there was a site distance concern by the planning board and the application was never revived and thus never came back to the planning board. They profiled the entire centerline of the road and pointed to locations where there would be an entrance and then another where there would be an exit. They went to an entrance and exit due to the site visibility coming up Maloney Road in an easterly direction. The first entrance would be the entrance and further east you would have one exit out. According to AAHTO Standards (American Association of Highway and Transportation Officials you should have 445 feet of visibility, they have 502 feet of visibility down to that intersection of Route 376. According to AAHTO Standards when making a right onto an entrance you should have 445 feet of visibility, they have 702 feet. Mr. May feels that the prior concern with location has been mitigated by the separate entry and exit locations to and from the property. Councilman Kuzmicz asked where the entrances and exits were in relation to those of the Village Crest apartments. Mr. May replied that they are off -center somewhat but almost directly in line. Mr. May pointed out that this project meets the minimal lot dimensions and street frontage requirements for both the A.I. and H.B. commercial zones. This project would be a 30,000 ft.2 storage facility which requires a minimum of 30 parking spaces they have 60 parking spaces so there would not be any problem meeting the minimum parking requirements. Sewage disposal facilities with a maximum of one or two employees would be satisfied according to NY DEC hydraulic loading rates. They would have enough area for storm water retention. Because of the concave nature of the property they would retain a heavy buffer between housing project and the commercial to west and that it is compatible with the adjoining properties along with a benefit to the tax advantage in the town. Councilman Kuzmicz only question is the congestion between Village Crest and this facility. Mr. May pointed to the one way in and one way out nature of the project. Mr. Fakhoury pointed out that there are only 4 to 6 cars per day as most rent the facilities for 2-3 months at a time. It requires virtually no water or septic discharge. Councilman Bettina asked what the size of property is. Mr. Fakhoury replied that it is 6.2 acres and they will only use 20-30% of it. Mr. Fakhoury pointed out that this was zoned commercial as recent as 6 years ago. The property owners east of them changed the zoning. Planner Stolman said that they would need to submit the application and the fee, and then the Town Board would refer it to the planning board. Councilman Beale asked what the surrounding commercial zones were. Planner Stolman said that A.I. surrounds the property. Councilmen Bettina, Beale and Kuzmicz all said they had no problem going from an R-40 to an A.I. zoning based on this presentation. Planner Stolman informed the applicant that they needed to submit an application, along with the fee and then it would get submitted and referred to the planning board. Councilman Kuzmicz made a motion that they recommend an application and upon receipt of the fee they recommend it to the planning board. Supervisor Gutzler asked about an Escrow. Planner Stolman said he believed it is already set. Engineer Gray asked why there was an offset to the entrances with the Village Crest apartments across Maloney road. Supervisor Gutzler called for a vote on the motion. Discussion concluded. Town of Wappinger Page 5 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 3. Dutchess County DPW - Myers Corners Road project Bob Balkind from the Dutchess County DPW came to speak about Camelli drive realignment to improve safety and drainage. He introduces Jeff Aikens from DPWs Engineering division and Noel Knille. Jeff rose to discuss the 4 options to improve horizontal and vertical curves, improve the lanes, and drainage on this 35MPH stretch with 11 foot lanes and no shoulders between route 9D and Town Hall on Middlebush Road. The first was a 45 MPH speed limit with 12 ft. lanes and an 8 ft. shoulder. The 2nd was a 40mph speed limit with 12 foot lanes and a 6 foot shoulder. The third was a 40mph speed limit with 11 foot lanes and a 4 foot shoulder; and, lastly a 35mph speed limit with 11 foot lanes and a 4 foot shoulder. They selected the 40 mph speed limit with 11 ft. lanes and a 4ft shoulder. The logic is that the average speed through there is 40 MPH and to improve the hills and curves to accommodate the speed that people are currently driving but make it safer. The other reason is that it dramatically reduces the right away takings compared to the other options. This project will only need 4 temporary easements which are not permanent or fee takes and will take 4-6 months long. He explained that eastbound traffic would be re-routed and only pass westbound traffic. They hope to have approvals by 2015 this summer. Bids are estimated in the late fall of 2015 and construction would begin in the spring of 2016 and finished by the fall of 2016. There will temporary easements sought from 4 residents and are getting appraisals. Site distance by Camelli Drive will be improved. Additionally, the hump in the road will be dropped and the curve smoothed. Mr. Balkind Councilman Beale asked about drainage mitigation. Jeff Aikens responded that they will put additional drains to cross drains to a closed catch basin system. This will remove shoulder flooding on Camelli and the surrounding area. Councilman Beale noted that most of the ambulance calls come from here and would move east. Mr. Balkind said the re-routing is not set in stone. Councilman Beale also cited the fuel carrier use in the eastbound direction. DPW agreed that these are good reasons to revisit the detour. Gary Lindstrom asked for more detail on the lowering of the road. DPW replied that 2.5 feet will be taken off the crest. Resident Mary Schmalz asked who would pay for this. Mr. Balkind replied that design, engineering, all costs and easements will be paid for by 80% from the federal government and 20% by the county who may get 3/4 of the county share funded another source. Councilman Beale asked about Myers Corners Road by Roy C. Ketcham High School; and, the need for shoulders to assist walking high school students. Mr. Carson asked about the impact on Old Hopewell with re-routing. Mr. Aikens said that the Old Hopewell project will not be occurring on the same schedule. Town of Wappinger Page 6 Printed 1/7/2015 Regular Meeting 4. Grinnell Library Update Minutes December 8, 2014 Grinnell Library Director Laura rose to speak about town residents have more access to the library attending the recreation committee events, use some of the town's park for their events, new hi speed internet, and a Library newsletter. Councilwoman Czarnecki suggested a link to the town's website Library President Greg Quinn said they are going to do a lot and help to remove that invisible wall between the town and the village. VIII. Resolutions RESOLUTION: 2014-296 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding The Stop & Shop Companies, Inc. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013 and 2014 by The Stop & Shop Companies, Inc., as a tenant in possession, regarding real property located at 1357 Route 9, Wappingers Falls, Grid No. 135689-6157-02-707773-0000 seeking a reduction in the 2013 and 2014 tax assessments for the 2013 and 2014 tax rolls; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and Special Counsel to the Town have recommended a settlement of this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 2013 and 2014 as it pertains to: Grid No.: 135689-6157-02-707773-0000 Tax Original Total Reduction in Final Assessment Assessment Assessment 2013 $23,550,000 -0- $23,550,000 2014 $23,550,000 -0- $23,550,000 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-296 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter 2 ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarnecki Mover Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2014 Town of Wappinger Page 7 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-297 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding 1271 Route 9 Realty, Llc WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2014 by 1271 Route 9 Realty, LLC, regarding real property located at 1271 Route 9, Wappingers Falls, Grid No. 135689-6157-04-570395-0000 seeking a reduction in the 2014 tax assessment for the 2014 tax roll; and WHEREAS, the owner of the above mentioned parcel has agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Special Counsel to the Town have recommended a settlement of this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2014 as it pertains to: Grid No.: 135689-6157-04-570395-0000 Tax Original Total Assessment Reduction in Assessment Final Assessment 2014 $3,500,000 -0- $3,500,000 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-297 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled Vincent BettinaVoter Q El El ElElWithdrawn Ismay Czarniecki_ Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-298 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Widmer Inn Restaurant Corp. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013 and 2014 by Widmer Inn Restaurant Corp. regarding Town of Wappinger Page 8 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 real property located at 70 Widmer Road, Grid No. 135689-6158-02-880530-0000 seeking a reduction in the 2013 and 2014 tax assessments for their respective tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2013 and 2014, as it pertains to: Grid No.: 135689-6158-02-880530-0000 Year Original Total Revised Total Reduction Assessment Assessment 2013 $2,800,000 $2,700,000 $100,000 2014 $2,800,000 $2,600,000 $200,000 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-298 ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled Vincent BettinaVoter Q El El ElElWithdrawn Ismay Czarnecki_ Mover Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2014 The Resolution is hereby duly declared adopted. 4. Motion To: Amend Resolution 299 to reflect the name Regency. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz RESOLUTION: 2014-299 Resolution Authorizing Return Of Cash Deposit As Security For Undertaking In Connection With Hilltop Village At Wappinger Site Plan WHEREAS, by Resolution No. 2013-148 adopted by the Town Board on May 28, 2013, the Town Board accepted an Undertaking Secured by Cash Deposit in connection with the Hilltop Village at Wappinger Site Plan; and Town of Wappinger Page 9 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 WHEREAS, the Undertaking was posted as assurance that the developer, Toll Land V Limited Partnership (hereinafter "Toll"), would restore the site in accordance with the terms and conditions as set forth in the Resolution of Site Development Plan and Wetlands Permit Approval granted by the Planning Board on March 18, 2013, and would further post a Performance Bond; and WHEREAS, Toll posted as security for the Undertaking a cash deposit in the amount of $157,360.00 with the Town of Wappinger as security for the faithful performance of the obligations secured by and set forth in the Undertaking and Resolution of Approval; and WHEREAS, by Resolution No. 2013-190 adopted by the Town Board on August 26, 2013, the Town Board accepted a Performance Agreement secured by a Surety Bond which was recently reduced by Resolution No. 2014-266 adopted by the Town Board on October 27, 2014 and therefore the cash deposit posted as security for the Undertaking is no longer required since it has been replaced by a Performance Agreement secured by Surety Bond; and WHEREAS, Toll has requested the return of the $157,360.00 cash deposit posted to secure the Undertaking. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The $157,360.00 cash deposit above described previously posted by Toll is hereby authorized to be released to Toll. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-299 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-300 Resolution Authorizing Installation Of Chlorine Analyzer In Chelsea Hamlet Water Main WHEREAS, by Resolution No. 2014-75 adopted by the Town Board on February 24, 2014, the Town Board approved the Establishment of Extension No. 4 (Chelsea Hamlet Extension) to the United Wappinger Water District (UWWD) in connection with the construction of a water distribution system within the Chelsea Hamlet area; and WHEREAS, the regulations of the Dutchess County Department of Health require that the chlorine levels within the Chelsea Hamlet water distribution system be monitored to protect the health and safety of the water users; and WHEREAS, the regulations of the New York State Department of Health require that the chlorine levels within the water distribution system be monitored by licensed professionals; and Town of Wappinger Page 10 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 IX. WHEREAS, the Town of Wappinger has engaged the professional services of CAMO Pollution Control, Inc., a licensed water system operator, to operate the water systems within the Town of Wappinger including the UWWD District Extension to the Chelsea Hamlet; and WHEREAS, CAMO Pollution Control, Inc. performs chlorine monitoring of the Town of Wappinger water distribution systems on a regular basis and will be responsible for monitoring the chlorine levels in the Chelsea Hamlet Extension Water Main when it is placed into service; and WHEREAS, CAMO Pollution Control, Inc., as the licensed system operator, is responsible to insure that the installation of the chlorine monitoring system is properly done and CAMO is responsible for reporting the results of the acceptance testing to the Dutchess County Department of Health; and WHEREAS, by Memorandum dated December 2, 2014, CAMO Pollution Control, Inc., reports that the costs for CAMO to purchase and install the chlorine analyzer and to perform the necessary acceptance testing would be $23,500; and WHEREAS, professional services that require a special skill that is subject to state licensing requirements is not subject to the Town of Wappinger procurement policy pursuant to § 46-6(B)(1) of the Town of Wappinger Code; and WHEREAS, authorizing the water system operator to properly install and test the chlorine analyzer will eliminate the need for duplicative work and should result in a cost savings to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: I. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby authorizes CAMO Pollution to purchase and install a chlorine analyzer at a cost not to exceed $23,500 in accordance with its Memorandum dated December 2, 2014. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2014-300 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Deputy Supervisor SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter 2 ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Vincent Bettina Mover Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarnecki Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2014 Executive Session The Resolution is hereby duly declared adopted. 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Deputy Supervisor SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz 2. Motion To: Return From Executive Session Town of Wappinger Page 11 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 1. 2. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Items for Special Consideration/New Business 228 Myers Corners Road (Following Executive Session) Mr. O'Rourke addressed the board with regard to 228 Myers Corners Road which he has been involved with for the last 12-13 years. He explained that this is a troublesome property with a troublesome history, but is cleaner than it has been over the last 50 years. The issues had been in transportation. The applicant has been making the effort to try to clean it up be compliant property. Councilman Kuzmicz asked about screening, landscaping, and whether the applicant would forego the use as a contractor's yard. Mr. O'Rourke pointed out that they are still waiting for a permit to allow for the reconstituted entry to allow for the ingress and egress to the property. He explained that the application was submitted in May of 2013, the DPW reviewed it in late 2014, and they have requested more information in November of 2014. Councilman Kuzmicz said that he'd like to have the screening and fencing up before the board moves forward. He was concerned that this has been evident with prior applications and yet there still is no screening and fencing. He said that there is an unimpeded path between the resident and the activity that's going on in these buildings. He said that he'd like the screening and fencing to be in place before issuing a special use permit. He then repeated his second point on whether the applicant would for -go their contract use. Mr. O'Rourke explained that the owner's representative went up on the ridge; but does not share the same opinion as the residents in that area. He reminded the board that this has been a junkyard for the last 50 years. He added that this was there long before the residents and this is not something that came up after the houses were built. He said that the applicant wants to go forward and wants to put up screening and fencing. He re -iterated that the area has been cleaned up and it is a lot better than when GALS or Piquwon was there with all their heavy equipment. He added that he cannot say if there is willingness to for -go this usage for storage and equipment on the entire property. Councilman Kuzmicz said that he was afraid they would create a mixed-use and have both uses in there. Planner David Stolman clarified Councilman Kuzmicz's request to fore -go its use that it be restricted to the areas that they will be using for the storage of the buses; not, the whole area. He added that once they get the approval, then those areas cannot be reverted to contractor use. Attorney O' Rourke stated that in the areas where the parking for vehicles is concerned, he agreed. He added that the whole intention was the gradual extinguishment of pre-existing non- conforming uses. Planner Stolman said the next step was to prepare a special permit application to the town board. Once completed then to make an application to the planning board for site plan approval. Mr. O'Rourke wanted this meeting to explain the plan, rather than just submit an application. Councilman Kuzmicz Councilman Kuzmicz asked about the status of the speeding on the reduction of the speed limit on route 376. Supervisor Gutzler said she will be sending a memo out very soon. Town of Wappinger Page 12 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 3. 4. Councilman Kuzmicz asked if anything could be done as far as cost to help residents hook up to the water system particularly with one or two residents. Engineer Gray suggested that it be done in larger groups to spread out the cost to enough residents. Engineer Gray pointed out that the cost of expanding the district, bonding counsel, and our own counsel for one resident would be prohibitive. Councilman Kuzmicz asked how long it would take to prepare the map plan and if they could be piggybacked on each other. Engineer Gray said that it is almost the same report but the cost of producing these would be much less when spread over a number of residents. Attorney Horan said that expanding the district for one resident could be illegal. He added that it has to benefit all the properties along the route and on either side. Attorney Horan suggested that it would be cheaper if they did it as a `tenant to the district'. Engineer Gray said the Town Board doesn't want to add anymore tenants and has decided against it. Engineer Gray suggested a workshop to discuss what you can do with the water system and prioritize what to do with the remaining water capacity. Councilman Beale suggested looking at a 5 to 10 year plan on expanding the district to accommodate as many of these residents in the 1 st quarter 2015. Councilman Bettina Councilman Bettina asked for a detailed inspection report on the highway garage. He saw a report and would like a summary of the detail regarding what needs to be done. Councilman Beale Councilman Beale thanked engineer Gray dealing with a parcel that had a troubled past residential property is hoping that the code enforcement with the help of the engineer might mitigate the problems regarding a property maintenance issue with landlord issue where the residents have no control. Councilman Bettina pointed out that this is a code 1203. 5. Motion To: General Discussion - Old Salt Barn Bid K" Engineer Gray reminded the board that he sent an email out regarding the Old Salt Shed and that he received three proposals and needed the board to authorize the lowest bid. He received three proposals fields shed Baroni Recycling $9,800 tail, Taylor Recycling $19,985; and LaMela and Sons $9,400. Based on the bids, Engineer Gray recommends that the work be performed by LaMela and Sons for $9,400. He added that they understand prevailing wage, will put up the insurance certificates, and will have certified payroll. Motion followed. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Deputy Supervisor SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Town Board Review of Vouchers RESOLUTION: 2014-301 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - III Town of Wappinger Page 13 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 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 -III Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) T92 (Planning & Zoning Escrows) Central Hudson 80.39 Montfort Brothers 298.59 Home Depot 9.47 Home Depot 49.62 DC Sheriffs Dept 13,502.94 Kaman Ind 241.90 Al Roberts 7,595.00 Mike Sheehan Clothing Allow 383.34 Sun -Up Enterprises Celia Sigalow Interpreter 140.00 Tire King 114.18 Tilcon Grand Rental 271.74 Staples 422.79 Conrad Geoscience Corp 480.00 Comm of Finance Supplies 86.45 DC Dept of Health DC Dept of Health DC Dept of Health DC Dept of Health 240.00 DC Dept of Health 120.00 DC Dept of Health 240.00 Cablevision 164.80 Jay's Plumbing 188.76 All State Morris Assoc Morris Assoc 5,681.14 1,810.01 3,234.95 3,839.75 Morris Assoc 1,046.70 Morris Assoc 562.00 Morris Assoc 70.25 Morris Assoc Town of Wappinger Page 14 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 Morris Assoc Fredrick Awino Reimburse Hannaford Delta Dental Inter City Tire 77.63 15.87 1,381.65 15.00 478.75 f [[I1.7to] Jessica Fulton 20.00 Jessica Fulton 6.87 Jessica Fulton 9.47 Jessica Fulton 24.40 Jessica Fulton 117.86 Jessica Fulton 11.95 Jessica Fulton 11.95 Jessica Fulton 6.96 Jessica Fulton 80.00 Jessica Fulton 79.76 Rong-Jie Wu Interpreter 140.00 John Weber 150.00 Bibeau Construc Bibeau Construc Carjen Fence Co Totals $17,538.71 $16,139.93 $4,173.78 $6,137.95 Vendor T14 Allstate SU (United Wapp. Sewer fund) Central Hudson Montfort Brothers Home Depot Home Depot DC Sheriffs Dept Kaman Ind Al Roberts Mike Sheehan Clothing Allow Sun -Up Enterprises Celia Sigalow Interpreter Tire King Tilcon Grand Rental Staples Conrad Geoscience Corp Comm of Finance Supplies DC Dept of Health DC Dept of Health DC Dept of Health DC Dept of Health DC Dept of Health DC Dept of Health HTR (Town HBM Hall Roof) (Roads Resurfacing) 2,006.90 Town of Wappinger Page 15 Printed 11712015 Regular Meeting Minutes December 8, 2014 Cablevision Jay's Plumbing All State Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Fredrick Awino Reimburse Hannaford Delta Dental Inter City Tire Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Rong-Jie Wu Interpreter John Weber Bibeau Construc Bibeau Construc Carjen Fence Co Totals Vendor Central Hudson Montfort Brothers Home Depot Home Depot DC Sheriffs Dept Kaman Ind Al Roberts Mike Sheehan Clothing Allow Sun -Up Enterprises Celia Sigalow Interpreter Tire King Tilcon Grand Rental Staples Conrad Geoscience Corp Comm of Finance Supplies DC Dept of Health DC Dept of Health DC Dept of Health DC Dept of Health 816.88 2,377.44 $816.88 $2,377.44 T33 Parkland HSR Trust (Roberts Road Pump Station) 40,933.76 116.00 $116.00 HWF (Filtration Systems of Hilltop & Atlas) $2,006.90 HWN (Wappinger Water Main Project) Town of Wappinger Page 16 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 DC Dept of Health DC Dept of Health Cablevision Jay's Plumbing All State Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Fredrick Awino Reimburse Hannaford Delta Dental Inter City Tire Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Rong-Jie Wu Interpreter John Weber Bibeau Construc Bibeau Construc Carjen Fence Co Totals Vendor Central Hudson Montfort Brothers Home Depot Home Depot DC Sheriffs Dept Kaman Ind Al Roberts Mike Sheehan Clothing Allow Sun -Up Enterprises Celia Sigalow Interpreter Tire King Tilcon Grand Rental Staples Conrad Geoscience Corp 811.00 942.00 1,014.80 40,270.40 25,010.90 125,560.35 80.39 Town of Wappinger Page 17 Printed 1/7/2015 88,896.48 5,989.94 $7,742.94 $41,948.56 $129,166.88 $150,571.25 WF WT WU Paid (Fleetwood (Tall Trees (United Water District) Water Wapp. District) Water Fund) 80.39 Town of Wappinger Page 17 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 Comm of Finance Supplies DC Dept of Health 240.00 DC Dept of Health 240.00 DC Dept of Health 240.00 DC Dept of Health DC Dept of Health DC Dept of Health Cablevision Jay's Plumbing All State Morris Assoc Morris Assoc Town of Wappinger Page 18 Printed 1/7/2015 1,945.96 Morris Assoc Morris Assoc Morris Assoc Morris Assoc 403.10 Morris Assoc Fredrick Awino Reimburse Hannaford Delta Dental Inter City Tire Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Jessica Fulton Rong-Jie Wu Interpreter John Weber Bibeau Construc Bibeau Construc Carjen Fence Co Totals $240.00 $240.00 $2,589.06 $80.39 1 $381,806.28 Vendor Town Board Hold Central Hudson Montfort Brothers 298.59 Home Depot 9.47 Home Depot 49.62 DC Sheriffs Dept 13,502.94 Kaman Ind 241.90 Al Roberts 7,595.00 Mike Sheehan Clothing 383.34 Allow Sun -Up Enterprises 40,933.76 Celia Sigalow Interpreter 140.00 Tire King 114.18 Tilcon 2,006.90 Grand Rental 271.74 Staples 422.79 Conrad Geoscience Corp 480.00 Town of Wappinger Page 18 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 Comm of Finance Supplies 86.45 DC Dept of Health 240.00 DC Dept of Health 240.00 DC Dept of Health 240.00 DC Dept of Health 240.00 DC Dept of Health 120.00 DC Dept of Health 240.00 Cablevision 164.80 Jay's Plumbing 188.76 All State 816.88 Morris Assoc 25,010.90 Morris Assoc 61,101.45 Morris Assoc ❑ Morris Assoc ❑ Tabled Morris Assoc Voter Morris Assoc 1,823.85 Morris Assoc ❑ Fredrick Awino Reimburse 77.63 Hannaford 15.87 Delta Dental 1,728.63 Inter City Tire 15.00 Jessica Fulton 20.00 Jessica Fulton 6.87 Jessica Fulton 9.47 Jessica Fulton 24.40 Jessica Fulton 117.86 Jessica Fulton 11.95 Jessica Fulton 11.95 Jessica Fulton 6.96 Jessica Fulton 80.00 Jessica Fulton 79.76 Rong-Jie Wu Interpreter 140.00 John Weber 150.00 Bibeau Construc 125,560.35 Bibeau Construc 88,896.48 Carjen Fence Co 5,989.94 Totals $379,906.44 46 $381,806.28 1,046.70 562.00 70.25 140.50 $1,819.45 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 December 8, 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 -2014-301 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Mover Q ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter Q ❑ ❑ ❑ Town of Wappinger Page 19 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2014 The Resolution is hereby duly declared adopted. RESOLUTION: 2014-302 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board-JJJ 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-JJJ Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) T 94 (Security Deposit) Central Hudson 87.28 Central Hudson 35.07 Central Hudson 443.60 Central Hudson 2,074.35 Wells Fargo 272.43 272.42 NYS Empire H/I 4,979.92 3,480.76 7,203.37 MVP H/I 23,303.40 4,027.75 20,426.47 MVP Gold Retirees 2,462.60 Staples 37.08 Poughkeepsie Journal 341.64 Poughkeepsie Journal 264.06 Poughkeepsie Journal 78.62 Camo Camo 2,103.80 Camo 25.00 Camo 25.00 Camo 880.41 Town of Wappinger Page 20 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 Camo Platts Locksmith 135.00 Thomson Rueters 192.00 West Conklin Sery & Constr 629.54 HO Penn Machinery 523.75 Matt Meybohm 187.25 Coffee Systems 68.42 Chemung Supply Arkel Motors 1,089.39 Celia Sigalow 140.00 Williams Lumber 39.10 Williams Lumber 1,039.50 Tilcon Jerricks Lower East 409.50 Side R. Costa Electric 318.85 Toll Bros 157,360.00 Jesco 160.14 Craig Chatlos 139.47 Totals $39,662.75 $8,465.25 $29,768.94 $157,360.00 Vendor HBM HWF HWN Paid (Roads (Filtration (Wappinger Resurfacing) Systems of Water Main Hilltop & Project) Atlas) Central Hudson Central Hudson Central Hudson Central Hudson Wells Fargo NYS Empire H/I MVP H/I MVP Gold Retirees Staples Poughkeepsie Journal Poughkeepsie Journal Poughkeepsie Journal Camo 2,585.00 Camo Camo Camo Camo Camo 87.28 35.07 443.60 2,074.35 544.85 15,664.05 47,757.62 2,462.60 37.08 341.64 264.06 78.62 Town of Wappinger Page 21 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 65.00 Platts Locksmith Thomson Rueters West Conklin Sery & Constr HO Penn Machinery Matt Meybohm Coffee Systems Chemung Supply 5,060.00 Arkel Motors Celia Sigalow Williams Lumber Williams Lumber Tilcon 787.18 Jerricks Lower East Side R. Costa Electric Toll Bros Jesco Craig Chatlos Totals $5,847.18 $65.00 Vendor Town Board Central Hudson Central Hudson Central Hudson Central Hudson Wells Fargo NYS Empire H/I MVP H/I MVP Gold Retirees Staples Poughkeepsie Journal Poughkeepsie Journal Poughkeepsie Journal Camo 2,585.00 Camo 2,103.80 Camo 25.00 Camo 25.00 Camo 880.41 Camo 65.00 Platts Locksmith 135.00 Thomson Rueters 192.00 West Conklin Sery & Constr 629.54 HO Penn Machinery 523.75 Matt Meybohm 187.25 Coffee Systems 68.42 Chemung Supply 5,060.00 Arkel Motors 1,089.39 Celia Sigalow 140.00 Williams Lumber 39.10 Williams Lumber 1,039.50 Tilcon 787.18 Jerricks Lower East 409.50 $2,585.00 $69,790.82 12 $243,754.12 Town of Wappinger Page 22 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 Side R. Costa Electric 318.85 Toll Bros 157,360.00 Jesco 160.14 Craig Chatlos 139.47 Totals $173,963.30 23 $243,754.12 Vendor Town Board Central Hudson Central Hudson Central Hudson Central Hudson Wells Fargo NYS Empire H/I MVP H/I MVP Gold Retirees Staples Poughkeepsie Journal Poughkeepsie Journal Poughkeepsie Journal Camo 2,585.00 Camo 2,103.80 Camo 25.00 Camo 25.00 Camo 880.41 Camo 65.00 Platts Locksmith 135.00 Thomson Rueters 192.00 West Conklin Sery & Constr 629.54 HO Penn Machinery 523.75 Matt Meybohm 187.25 Coffee Systems 68.42 Chemung Supply 5,060.00 Arkel Motors 1,089.39 Celia Sigalow 140.00 Williams Lumber 39.10 Williams Lumber 1,039.50 Tilcon 787.18 Jerricks Lower East 409.50 Side R. Costa Electric 318.85 Toll Bros 157,360.00 Jesco 160.14 Craig Chatlos 139.47 Totals $173,963.30 23 $243,754.12 I, Joseph P. Paoloni, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting December 8, 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: Town of Wappinger Page 23 Printed 1/7/2015 Regular Meeting Minutes December 8, 2014 ✓ Vote Record - Resolution RES -2014-302 ADOPTED [UNANIMOUS] MOVER: Barbara Gutzler, Supervisor SECONDER: Michael Kuzmicz, Councilman Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Mover Q ❑ ❑ ❑ ❑ Tabled Vincent BettinaVoter Q El El ElElWithdrawn Ismay Czarnecki_ Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2014 The Resolution is hereby duly declared adopted. XII. Wappinger Adjournment & Signature 1. Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:33 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Barbara Gutzler, Supervisor SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Town of Wappinger Page 24 Printed 1/7/2015