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2016-02-08 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us Minutes — Lori A.Jiava 845 297-2744 Monday, February 8, 2016 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM William Ciccarelli Town of Wappinger Councilman Present 7:30 PM John J. Fenton Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Albert Roberts Consultant Attorney Present 7:30 PM David Stolman Consultant Planner Present 7:30 PM Robert Gray Consultant Engineer Present 7:30 PM Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:30 PM II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Adopt Agenda Amended to omit resolution 2016-80. ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Accept Minutes 1. Motion To: Accept January 25th Minutes ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page I Printed 211812016 Regular Meeting Minutes February 8, 2016 V. Correspondence Log RESOLUTION: 2016-74 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Lo - 20,16-02-08 Ninber To From Date Date Ate¢' Re: Agenda Date 82-88-881 Su episor LorilAl Roberts Jessica Fultoii 112212818 2/2512818 Sorfs Lea es Oeratin iii the Towii 21812818 82-88-882 Towii Board Carl S VVolfsoii 112512818 112512818 Jusfice Re ort for the Muth of December 2815 21812818 02-88-883 Towii Board Carl S.' olfsoii 112812815 112812818 Aiiival Justice Re orf for 2815 21812818 82-88-881 Joseph P.Paoloiii Heidi Seelbach/Deo.of Fhiaiice 1 100161 112812818 Statement of Moires Pahl to Su enhor 2815 21812818 82-88-885 Towii Board VJ Ila e ofWapphigers Falls 1/190161 21112818 1 Lead Apicy Re nest 8,28 Marshall Road 218 818 02-88-888 Towii Board Heather L.Kitchen 1 2150161 21312818 Jusfice Re orf for the Muth of hajary 2818 21812818 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-2016-74 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ William H.Beale Seconder Q ❑ ❑ ❑ ❑ Defeated ............... ... .... ... .. ... .... ... .. ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ....................„. .................. ................. ....... ........ ................ ....... ❑ Withdrawn John J.Fenton Voter Q ❑ 0 0 .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 08, 2016 The Resolution is hereby duly declared Adopted. VI. Public Portion 1. Motion To: Open Public Portion Mary, questions why the bills are not included in the minutes? Supervisor Jiava pointed out that all bills have recently been formatted and will be part of the next set of minutes. Tom Mash offered voluntary services to the maintenance of the Wappinger Middlebush Cemetery, for cleanup of trees and shrubbery. Attorney Roberts said that it would be allowable to do so. Councilman Beale suggested that Mr. Mash should coordinate efforts with Steve Frazier and Joey Cavaccini for a time to clean it up. Town of Wappinger Page 2 Printed 211812016 Regular Meeting Minutes February 8, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Publice Portion ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Discussions 1. Recreation Committee Member Changes Discussion moved to a future meeting. 2. B & G Tractor Steve Frazier pointed out that this tractor could be used for work in the winter time because the open cab is not useful in the colder weather. Attorney Roberts pointed out that buildings and grounds is an A-Fund expense versus highway expenses out of the DB funds and the costs would have to be appropriated between the two different tax bases. Councilman Beale stated that this something that cannot be done here and must be looked at with regard to the budget and a future 0.12 percent tax cap especially in the first quarter. Supervisor Jiava said she would send an email with any proposal that will be provided and investigate the different options. She added that renting could be an option. 3. NYS Association of Towns Resolutions -Beale Supervisor Jiava said that the resolutions came today, February 8th, from the Association of Towns to the councilmen, but were not sent to the Town Clerk until Saturday February 13th. The resolutions are attached. Town of Wappinger Page 3 Printed 211812016 Regular Meeting Minutes February 8, 2016 Proposed Resolutions 2016 Legislative Program As Reported�y the Resotutions C'�qmmiftee of Me A,5,5ociafion of T�qlvns Robert Tqylor, Plannin Board Alen,�ber, Town of Neu,Dsbo�'i Otsego Coun tip First Vice president, Assad ation of Toiviis, Pre&1ding Resolution No. 1 Highway, Bridge and Transportation Funding Resolution No. 2 Adcq3t a,New Five-Year Capital Plan for Roads and'Bridges Resolution No. 3 PropeiN, Tax Cap Refoirn Resolution No. 4 Strengt�lienliig State Relations flixougli Nlandate Relief and Revenue Sharing Resolution No. 5 Increase Re'venile Sharing Resolution No. 6 State assistance Needed for Conimmirties in the Adirondack Park Resolutioii No. 7 Increase Justice Coiirt Finiding Resolution No. 8 Remedies to Enforce Alcohol Beverage Control Law Seclion,65-c Resolution No. 9 Amend the Electronic Equillinent Recycling and Reuse Act ResolutionNo. 10 -Neighborhood Stabilization and Maintenance of Abandoned Homes Resolution No. 11 Reform the Real Proper -'Tax System Resolution No. 12 Preserve and Stfengdien Home Rule Resolution No. 13 Szipport Constitutional Holne Ride U'l the Siting of W111d Energy Facilities Resolution No. 14 Stipport New York State Legis lation Conc ernuiag Fuel Zone Pricing Resolution No. 15 Increase Retired Officers' and Employees' Capped Earnings wider the Retirement System 4. Motion To: Lead Agency Coordination Request 6-20 Marshall Road The board consented that the village of Wappingers Falls would act as Lead agency for this project. Town of Wappinger Page 4 Printed 211812016 Regular Meeting Minutes February 8, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 5. Planning Board -Policy Change Zoning administrator Barbara Roberti asked to simplify the process of minor changes to a plan versus asking the applicant to file a whole amended site plan where they would have to hire architects and redo their plans and incur large fees. Attorney Roberts said, "A site plan doesn't approve the type of building, it approves the layout of a building. Architectural review is somewhat more discretionary and it's up to the planning board to approve the proposed changes to the architecture of the building." He added that he didn't believe that architectural review requires a full site plan amendment. Planner Stolman replied, "Correct." He added that last year the town board amended the zoning so that the planning board has architectural review and approval whereas prior to that they just had review and no approval. He added that they are now trying to establish an application process for this new authority the planning board has. Zoning administrator Roberti said that they didn't take this up last year when they put this in place. With this the planning board can separate architectural approval from site plan approval so if it's a minor change the planning board can separate the two and make it simpler. 6. Citizens Action Committee Supervisor Jiava suggested a Citizens Action Committee made up of 3 members to support the office of the Historian to get projects done. Letters of interests and Resumes to the town board will be taken up until February 22nd for this one-year appointment. 7. Motion To: Use Parkland Trust Money to Mitigate Carnwath Mud Slides onto the Metro North Tracks Engineer Gray explained a trail off to the right at the Carnwath entrance where one very large area has had debris fallen on to the Metro North tracks. He suggested a remedy to the problem by diverting the flow to swales to diffuse it. No insurance money is available. Councilman Beale mentioned that there will be funds available in the future but this needs to be rectified now. Engineer Gray gave an estimate of$103,000 and asked to prepare the bid documents and put it out to bid. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VIII. Resolutions RESOLUTION: 2016-32 Resolution Appointing A Registrar And Deputy Registrar Of Vital Statistics For The Town Of Wappinger Town of Wappinger Page 5 Printed 211812016 Regular Meeting Minutes February 8, 2016 BE IT RESOLVED, that the Town Clerk, Joseph P. Paoloni, be and he is hereby appointed to serve as Registrar of Vital Statistics to the Town of Wappinger, Dutchess County, New York, for a term of two years, commencing January 1, 2016 and ending December 31, 2017, pursuant to Section 4123 of the Public Health Law; and BE IT FURTHER RESOLVED, that said Registrar of Vital Statistics to the Town of Wappinger shall receive no salary, however, he shall be entitled to receive for the performance of duties of this respective office the fees fixed by applicable statute to include marriage licenses and copies; and BE IT FURTHER RESOLVED,that the Town Clerk designates Grace Robinson to hold the position of Deputy Registrar to the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-32 Q Adopted Yes/Aye No/Nay Abstain Absent .. .. . .. ....... .. . .. ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale ...................Voter Q.........,.... ..❑..... ❑........,... ..❑......., ..... ..... ....... ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ........ ... ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-65 Resolution Authorizing Employee Vacation Rollover Requests WHEREAS, several Town of Wappinger Highway Department union employees have requested to carryover unused vacation days into calendar year 2016. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves the following requests made by the Town of Wappinger Highway Department employees to carry unused vacation days into calendar year 2016 as follows: Name Number of Carry Over Vacation Days Daniel Barry 10 John Barry 10 Kevin Bohannon 1 Craig Bova 10 Terry Glass 10 Christopher Heady 10 William Hockler 5 Dave Montfort 7.5 Michael Sheehan 10 Town of Wappinger Page 6 Printed 211812016 Regular Meeting Minutes February 8, 2016 David Varco 4 Michael Krisko 10 Troy Swain 10 George Silvestri 10 The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-65 Yes/Aye No/Nay Abstain Absent .......................... ❑ Adopted Lori A.Jiava........................... ❑...... ❑...... ❑..... ❑...... . .,.... ❑ Adopted as Amended William H.Beale ❑ ❑ ❑ ❑ ❑ Defeated ................................. ❑ Tabled William Ciccarelli ❑ ❑ ❑ ❑ Q Withdrawn John J.Fenton ❑ ❑ ❑ ❑ ............... Michael Kuzmicz................... ❑.........,........❑.........,.........❑...... ❑...... Dated: Wappingers Falls, New York February 08, 2016 The Resolution is hereby duly declared Withdrawn. RESOLUTION: 2016-75 Resolution Appointing Delegate For The 2016 Association Of Towns Annual Meeting WHEREAS, pursuant to Resolution No. 2016-7 adopted January 4, 2016, the Town Board approved attendance for Town Board Members to attend the Association of Towns Annual Meeting and Educational Conference in New York City on February 14th through 17th; and WHEREAS, the Town Board seeks to appoint a delegate and an alternate delegate to the conference on behalf of the Town of Wappinger. 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. The Town Board hereby appoints Councilman William H. Beale to serve as the delegate to the Association of Towns at the February 2016 Annual Meeting and hereby appoints Councilman Michael Kuzmicz as the alternate delegate for said meeting. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-75 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale Voter. Q ❑ ❑ ❑ .......... ...... ....... ....I.... ....... .. .. ....... ....... ....... ..... ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton S11 econder Q ❑ ❑ ❑ ... ., Michael Kuzmicz Voter Q ❑ ❑ ❑ Town of Wappinger Page 7 Printed 211812016 Regular Meeting Minutes February 8, 2016 Dated: Wappingers Falls, New York February 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-77 Resolution Authorizing Return Of Escrow Deposited To Insure Proper Installation Of Driveway And Seeding For 35 Gold Road WHEREAS, on or about February 23, 2015, Greg Porteus posted Five Hundred Dollars ($500.00) to be held in escrow with the Town of Wappinger to insure proper installation of driveway and seeding of disturbed areas for premises located at 35 Gold Road; and WHEREAS, Code Enforcement Officer, Salvatore Morello III, and Town Engineer, Robert J. Gray, have confirmed that the work for which the escrow was established has been satisfactorily completed. 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 Town Board hereby authorizes a refund of escrow in the amount of Five Hundred Dollars ($500.00) to Greg Porteus. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-77 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava VoterQ ❑ ❑ ❑ ....... ........ . ❑ Defeated William H.Beale Voter ...... Q ❑ ❑ ... ❑ ❑ Tabled William .... ....... ...... ... .... .. ..... . .. ...... .. Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ ., Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-78 Resolution Ratifying And Confirming Actions To Be Taken Pursuant To Executive Order No. 1 Of 2016 Issued For Emergency Repairs To The All Angels Hill Road Sewer Line Between Cider Mill Loop And Edgehill Drive WHEREAS,by Executive Order No. 1 of 2015, dated December 4, 2015, a Declaration of Emergency was declared by then Supervisor, Barbara A. Gutzler, who declared an emergency authorizing the immediate repair work for a sewer line failure along All Angels Hill Road; and Town of Wappinger Page 8 Printed 211812016 Regular Meeting Minutes February 8, 2016 WHEREAS, during the course of the above-referenced repair work, another imminent failure of the sewer line was discovered in the shoulder of All Angels Hill Road between Cider Mill Loop and Edgehill Drive; and WHEREAS,present Supervisor, Lori A. Jiava, directed the Engineer to the Town, Robert J. Gray, P.E. of Morris Associates Engineering & Surveying Consultants, PLLC, to prepare a Request for Proposal (RFP) for such repair work in accordance with plans and specifications as prepared by Morris Associates and approved by the Dutchess County Department of Public Works; and WHEREAS,plans and specifications were prepared by Morris Associates and an RFP was issued for the work required to repair the sewer line in the shoulder of All Angels Hill Road between Cider Mill Loop and Edgehill Drive along All Angels Hill Road; and WHEREAS,based on the recommendation of said Robert J. Gray, P.E., and Michael Tremper of Camo Pollution Control, the Town's Water and Sewer Operator, the Town Board previously determined that the work must be done on an expedited basis to avert further catastrophe and the Town Board previously declared a public emergency and declared that this additional repair work be undertaken as soon as circumstances permitted as set forth in Resolution No. 2016-62, adopted by the Town Board on January 11, 2016; and WHEREAS,RFPs were duly solicited for this work to be done and three proposals were received on January 8, 2016 with Sun Up Enterprises, Inc. of Wappingers Falls submitting the lowest bid for this emergency work, at proposal amount of$101,385.00 for Alternate 1 and at proposal amount of$112,600.00 for Alternate 2 (both water and sewer pipe replacement); and WHEREAS,pursuant to the recommendation of said Robert J. Gray and Michael Tremper, the Town Board awarded the contract for this emergency work to Sun Up Enterprises, Inc. for $112,600.00 for Alternate 2; and WHEREAS, subsequent to the award of this contract to Sun Up Enterprises, Inc. as stated above, and the consequence of constraints imposed by the Dutchess County Department of Public Works on the proposed construction, the procedures required to remove the transite pipe and dispose of it in accordance with NYS Department of Labor regulations, resulted in a large increase in cost to do the work from $112,600.00 to $390,000.00 or more; and WHEREAS,the collapse of the sewer pipe is still imminent; and WHEREAS, said Robert J. Gray and Michael Tremper recommend that the proposed emergency work be done in accordance with Alternate 1 as set forth in the above-referenced RFP; and WHEREAS,in accordance with the recommendation of Robert J. Gray as set forth in his email of January 29, 2016, a copy of which is affixed hereto, the total revised cost for pipe bursting of the sewer main will increase to the sum of$140,248.25 as follows: • Original cost for Alternate 1 Pipe Bursting - $101,385.00 • Preliminary work for installation of new water service and lawn restoration for house at corner of All Angels and Cider Mill Loop - $ 13,500.00 • Blacktop patching and blacktopping overnight steel plates - $ 7,075.00 Subtotal $121,955.00 0 15% contingencies - $ 18,293.25 Total $140,248.25 Town of Wappinger Page 9 Printed 211812016 Regular Meeting Minutes February 8, 2016 WHEREAS,by Executive Order No. 1 of 2016, Supervisor Lori A. Jiava had issued an Executive Order declaring an emergency and authorizing the above-referenced repair work to be awarded to Sun Up Enterprises, Inc. at a total cost not to exceed $140,248.25, all of which is set forth in Executive Order No. 1 of 2016, a copy of which is affixed hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby ratifies and confirms that an emergency exists with respect to the repair work for the sewer line failure in the shoulder of All Angels Hill Road between Cider Mill Loop and Edgehill Drive requiring the immediate repair work on an emergency basis. 3. The Town Board hereby ratifies and confirms the actions of Supervisor Lori A. Jiava in issuing Executive Order No. 1 of 2016, a copy of which is affixed hereto, suspending the Town's Procurement Policy and taking whatever steps are necessary to facilitate the repair work for the sewer line failure in the shoulder of All Angels Hill Road between Cider Mill Loop and Edgehill Drive, The Town Board hereby further ratifies and confirms the awarding of the contract to Sun Up Enterprises, Inc. at a cost not to exceed $140,248.25 in connection with the repair work for the sewer line failure in the shoulder of All Angels Hill Road between Cider Mill Loop and Edgehill Drive, and further ratifies and confirms all other actions taken by Town employees and consultants in facilitating the required emergency repair work as above-mentioned. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-78 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ...... ........ . ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William ................ ....... ...... ... .... .. ..... . .. ...... .. Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ . Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-79 Resolution Authorizing Change In Procedure For Architectural Submissions To The Planning Board And Approving Application For A Minor Architectural Review WHEREAS, architectural reviews is within the purview of the Planning Board and any changes to a commercial facade or site requires a submission to the Planning Board for review and approval; and WHEREAS, while major changes to a commercial facade or site should and does require an amended site plan review and approval, the Zoning Administrator and the Planning Board recommend that minor changes such as color change to building, sign changes, window changes, and minor facade changes to only a portion of a building, should be reviewed and approved on a more streamlined basis in order to promote businesses and encourage commercial property owners to update, improve and beautify their property, as set forth in a Memorandum from Barbara Roberti, Zoning Administrator, dated February 2, 2016, a copy of which is affixed hereto; and Town of Wappinger Page 10 Printed 211812016 Regular Meeting Minutes February 8, 2016 WHEREAS, in an effort to streamline the review and approval process of minor architectural changes, the Zoning Administrator, with the concurrence of the Planning Board, has caused the preparation of an"Application for a Minor Architectural Review",a copy of which is affixed hereto. NOW, THEREFORE,BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby finds that it is in the best interests of the Town of Wappinger to streamline the procedure for minor architectural changes in an effort to promote businesses and encourage commercial property owners to update, improve and beautify their property, as set forth in the aforementioned Memorandum, a copy of which is affixed hereto. The Town Board hereby further approves the form of"Application for a Minor Architectural Review", a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-79 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ... . . ... . . . . ...... ....... ....... .. ..... ..... ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ . .................. ....... ....... .. ........................................ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ .................. ................. ....... ........ ................ ....... ❑ Withdrawn John J.Fenton Voter Q ❑ 0 0 .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 08, 2016 The Resolution is hereby duly declared Adopted. IX. Town Board Review of Vouchers 1. Motion To: Approve Vouchers ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: John J. Fenton, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz X. Items for Special Consideration/New Business 1. Rear Entrance Door at the Trooper Barracks Steve Frazier pointed out that the Rear Entrance Door at the Trooper Barracks was not properly installed. He presented 3 quotes. The low quote was Lynch Carpentry at $3,575. He answered questions from the board. Supervisor Jiava asked to speak to this in a week or so. No vote was taken. His memo and the quotes are attached. January 29, 2016 Town of Wappinger Page 11 Printed 211812016 Regular Meeting Minutes February 8, 2016 Steve Frazier sfraziern.townofwappin er.us <mailto:sfrazier(cDtownofwappinger.us> Emergency Service- Trooper Entrance Demo: Interior wall: (sheetrock, wall framing, door.) Installation of: 5/8 fire code sheetrock 36" metal door and frame, with window, no hardware Finishes: 3 coats of compound Prime and Paint Match existing trim Patch floor (as close as possible) Removal of construction debris, contain dust to work area. Total: $3,575.00 Payment schedule Start $1,787.50 Completion $1,787.50 Thank you for considering Lynch Carpentry for your building improvement project. Don Lynch, Lynch Carpentry 845-242-7794 Town of Wappinger Page 12 Printed 211812016 Regular Meeting Minutes February 8, 2016 "I"RANSITIONAL BUILI)ERS INC41 n°6 Nladcl S'v va Smdr v RJO,Poco 6"Ampimv"NY 1124 et Fho"'m V h4"',6'454A)444 I'al, (AW 5 .t�"I Town of Wappinger 20 IMWdkI)U,4I FAIDII IN'opqinp,cr f,"a4s,NY 12590 kcState qIoh�x AR,Stic"m(sft"�z'jv S"(( 11 VIfVQQbfVJ �jj� BvIm§ is Inn-p"k6cv tvremnov'I"?exvoirrr' a'fofoibubv Avfafll morA clowr 4,t Yvarof S'r,3rC NAwC buOding,,uwcsu;ejAy and iinstafl I'De"IN door arxi fturnc. Irvc scivifudes,rm,aihng wage, MUM MIK"c'mp tng'.ruaifain'y'arxt vc,use of exisairip,hard%farc, I)oor to,tnaichcxmqjolg, Tcnu& S5,215(110 H yiou havc any q L Kx'sfions,ploalc fvj ftc,,,v ao c,11 Mark ["untam:fli f1roOtiom pvf F"'bl" Town of Wappinger Page 13 Printed 211812016 Regular Meeting Minutes February 8, 2016 Mid Hudson Ccnstrjuct0on Management IInc. Page of I 210 1 Hackensack IRcad Wappingers FalHis, 112590 PH: 645.298.9230 Fv 845.298.9269 PROPOSAL P R 0 POSAIL S U1 B M 11 TT E IID,TO: Nanie: Town of,Wappirifgers Date: "ID1712015 Contact.:: Steve Frazier P rcij-.ct IN a irne: Mppir7fqefs Trooper IBarracks Address18 Middlebush Rd,Wappingairs, NY 12a)O Project# 15-093 PH#: S IF raz, r@tow nolfwa ppi nq e r.us Location: '1 81Middlebush Rd, Wappmgers NY '125190 Architect: NA Plan I NA Start.Date: TBD Est. Completion ICiate I BD We Ihner^eby propose to furnish imateirial and labor inecessaryfor the completion of: Labor and maternal to Install (11) 3070 knocked sown frame Labor and maternal to installl (11) 3070 1/2 Light door with se,curity glass Labor and matenal to prep and (1), instafl electric strike Labor and rnatenal to installl (3)4.5" Commerical grade security hinges Labor and matanal to instal1l (1I) commercial grade door closer Labor and mate-nal to frame (1) 6'x 11t" "all Labor and maternal to sheetrock and tape 120!sf of walill Labor and maternal to paint wall Labor and matehial to replace 10"of cove IiI Note, Lockset provided by others. Note, This proposal in,cludes prevailing w,age. 2. Motion To: $3,500 from Park and Recreation contingency line 7110.0239 Steve Frasier proposed work at the Emergency Service/Trooper Entrance. He asked for$3,500 from Park and Recreation contingency line 7110.0239 Town of Wappinger Page 14 Printed 211812016 Regular Meeting Minutes February 8, 2016 R. COSTA ELECTMC INC GA P'C)LITIE 82 �I HOF'EWIELL JUNCTION NlY 12:533 Iffiffilfffiffiffiffillf'o, 8-413-592-4127 Town of Vii ppinger 20 1M ddllebush Rd. VVappungers(Falls INY 125910 IIS s, r III ILII "'SII°°°III; 01/02/16 712 ZEE Electrical Rraposa.l to(provide all(labor and iniateri is fair foHowing project SoNathaus 1 31500.00 serVoe Park property. Remove ex�istor7g eus'tormer Wiled rulrol ty pdle that is hatted. Telre down and remove eksting tree that is(between customer owlied pde and road. Install new",r 3E' utudiuty pale and re-attach all existing electric phone and cable Illinias �' irk to be peilormed at Iprii wage. Nora taxable 0.00 ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Lori A. Jiava, Supervisor AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 3. Motion To: Authorize $2,000 to Repair Roof at the Barn at 59 Montfort Road from line 7110,042 Steve Frazier received two quotes to repair the roof. One from Vanguard and the other from R.H. White from Line 7110.042, the Building Repairs line. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 15 Printed 211812016 Regular Meeting Minutes February 8, 2016 XI. Executive Session (Legal Advice - Beale/Ciccarelli) 1. Motion To: Enter Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Return from Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz RESOLUTION: 2016-27 Resolution Appointing Town Historian Of The Town Of Wappinger BE IT RESOLVED, that Cliff Foley is appointed as Town Historian of the Town of Wappinger for calendar year 2016 and that said Cliff Foley shall receive no salary for said appointment. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-27 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as AmendedLori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Voter Q.............. ❑ ❑ ❑ ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ ... .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-76 Resolution Authorizing Litigation Against Owners Of 5 Diddell Road WHEREAS, a certain parcel of land with an address of 5 Diddell Road in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel number 6359-03-077200, currently owned by John Mason and Helen Mason, is currently in violation of the Town of Wappinger Zoning Code, the Town of Wappinger Property Town of Wappinger Page 16 Printed 211812016 Regular Meeting Minutes February 8, 2016 Maintenance Code and the New York State Uniform Code in accordance with an Inspection Report submitted by Zoning Administrator, Barbara Roberti, dated January 27, 2016; and WHEREAS,the Town of Wappinger Justice Court is without jurisdiction to issue a mandatory injunction to cure said violations so it is necessary to commence legal proceedings in the Supreme Court, Dutchess County, New York, to seek equitable relief to enjoin the above- referenced continuing violations. 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. For the reasons discussed and disclosed in executive session this evening, the Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, and any member of his firm, Stenger, Roberts, Davis & Diamond, LLP, to bring appropriate legal proceedings in Supreme Court, Dutchess County, New York, to enjoin John Mason and Helen Mason, and any other persons involved in perpetrating such continued and repeated violations of the Town of Wappinger Zoning Code, the Town of Wappinger Property Maintenance Code, the New York State Uniform Code and any other applicable violations of the Town of Wappinger Code. Supervisor Lori A. Jiava is hereby authorized to execute on behalf of the Town of Wappinger any documents necessary for the commencement of such legal proceedings. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-76 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale ............... Voter....,....... Q ❑ ... ❑ ❑ ... ❑ Tabled I'llWilliam Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-81 Resolution Authorizing Action Taken in Executive Session WHEREAS, the Town Board entered executive session for the purpose of obtaining legal advice concerning a personnel matter; and WHEREAS,the Town Board reached agreement on resolution of the personnel matter.. NOW, THEREFORE,BE IT RESOLVED, that the Town Board approves taking such legal steps as are necessary to enforce its rights with respect to the personnel matter for all of the reasons discussed during the executive session; BE IT FURTHER RESOLVED,that the Supervisor is authorized to sign any documents necessary to pursue the legal steps discussed with counsel in executive session. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-81 Q Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 17 Printed 211812016 Regular Meeting Minutes February 8, 2016 0 Defeated Lori A.Jiava Voter El 0 0 0 ' ...................... ,ver............. 'l.................❑................ • Tabled William H.Beale McE0 ..❑0................0........ ........................ • Withdrawn William'6eca're'lli......................V...ot,er................E'l...................0...................❑0......... ........d....... ' ........ ............................................................................................................................................................................................................................... John J Fen...on'' Voter El ❑0 ❑0 ❑0 .............................................................................................. ............................................................................................ Seconder El 0 0 Michael Kuzmicz Dated: Wappingers Falls, New York February 08, 2016 The Resolution is hereby duly declared Adopted. X11. Adjournment Motion To: Wappinger Adjournment& Signature The meeting adjourned at 10:45 PM. Joseph P. Paoloni Town Clerk ................................................................................................................................................................................................................................................................................................................................... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz ............. Town of Wappinger Page 18 Printed 211812016 � Com (flmCflCo ec0000Oo a O N N N N N N D M 00 Cp 00 00 000 .0 N N N N N N C CV G1 Q CCS LO O C4 N O T C` 0 O E Ln W Co O U Co a F- N C2 a) i O O T �_ .0 O —o .0 C OL O N C O O p Ft 1 0 "- d CO 21 Q.-L Q 00 O L (ll C S L 42 Q.' O N 12 1 :30 U — >, o C4 C 0� 0 0 CL o TOOCn-.) QU) J 0 ® Cfl CO CO CO (D O C� V r T T r r r y 0 0 0 0 0 0 L N N N N N N 0 In U) CO 00 ' Cl)1 N N N N e CD ® Co Cfl Cn Cfl (.0 (D r T T T T T TCD 0 0 0 0 0 0 N N N N CM O N N e M CN � (0 0) � LO N Ln O O C7) CC LLJCM Co CD CM CD W O U C C U ® U- L 0 O N L 0 0 C L � V.. _ (V W C C O o U C2 Y L u- O O a) ® Cu CV O L U U Cn N CO M 0 0 0 0 Q c 0 :�- 0 F- L0 0 Cu L L L L L U) 0 0 0 O Co M M m Q D- N 3: 3: L r N M lzl' LO CO O O O O O O E 0 0 0 0 0 0 Z 0 0 0 0 0 0 0 0 0 0 0 0 Packet Pg. 19 001 TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD - WAPPINGERS FALLS, NY 12,90 r;w RECREATION DIRECTOR '� Jessica Fulton tNirs<its�,V.Tt�IV�IOF1f�JAPPI IGER.US ` RECREATION COMMITTEE CHAIR (845)297-4158-Main (845)297-07:20-Direct Ralph Holt ($45)592-7433-Fax RECREATION SECRETARY Donna Lenhart Recreation Department MEWY170: I.T(�.)Rl Zjg.S y¢}{YYi' ' ryI'l.`.[�JWN S1t�)ti.'P+4. Y,Itk.JO R i 'i�rO. N><-Y FROM: JESSICA. FY .A' N, .i 11...3CR .'ix�XIODIREC-F\ R 0 'bwe 0 SUPERVISORO SUi .11 UI' - ports _ , a ues opel~rttiljgill t11 , 0 The list that fraflows is a Sul ill ilaarycsfl:tic sficil-t5 It aat t1cs cilli ixatlli in the`i<3wl1, ift1leTow-fl lia`citictc°s tliciaa aal1y {,`utidin;, if t.l.1c' as�c 'f'cattll l rcgwrties. a lul our c-oaatl aact:stratus with [lie � c:>r;;aalizai.tioli,This list does not,Include aaliv car ailiz,aticaais that re it. la.c.1 .1i ea czil as�xax:xac-lid- C14 e k;-Kax:lic: basis, sttc:ta as racltalt sc.>f'tlaxtlf lcai„,n1e,5. • FoWll 4)l:AN'ail>j)Tll,„('fl"I iLtle' .kt:aa ll( �. Facilities Used: Martz 1"acid, Robiiis()ai 1.jjnc Fields. Robiaason l„aiie C0 jic,eSSiC7la 5taaiatl00 Contract raac>tStatus: l here is all atiinwal c oliti-act put ill place widi'1'01,111 c:af"� 'aaf�fpill;er I.itt.lc. I..c:tia�ue. Ys y 4 } (4 0 K} ulk#ees y( ( X l`Kal f�lal a i i Direct,Tv.n ^tlrictilig:,$0 0 Facilities U sect: Robilisc>ii l..,aaaic Fields C'c lltx<art ` t atlls: t atf>l cau� sirlcc direct lundill,tc� tills c.r:,-,liira.tion elided, 1ic.1 c oxltraact liar be-exi CA c ut.ccl.Watll t is ;icti. oev , this orgmlifatim rcfcs 1evewc fi~cilaz fl at:scales ell`aa.clv ertisilig- � aat.t.lie. Tic:>l:aiaasun .I.arane t.,o'1l:xlc.1. Tl'lze NVaTlf.xia.,�c:.r Yankees s tto l�aav f<zc•ilitQ> ta5c� l'c�c::; tt>t.l�ac:'.i.'cAt-11, l'cata Fcic:atba►ll " Ar apphig ca•(.;iaallts" Direct 'l`c7wn Funding: S1,500 00 l"<ac•ilitics I''-se l: No is C'lits act StK hilus Through.lily research 1 clisccat°Crzct tllfat.tllcl•t.lavas ])(,,ell arca c:c>lltraac:t with Trop Nklatrxacr shit e 20{}3 G ECSC MCD JAN 2 5 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 20 5.1.a Alneric;m �'ciiitll Footlixill"s'�reil) )iii,;`e:i lrrcli ills" Direct Town Fi.tricl.ills; `sl, fel? Fac•ilitics Used:d: C urrc:ntly 'tion Contract Stants: There has zic°ver been a c(AltracL executul vvidl tlic '�l.'oejrrj for the use c>1 filcilitics. United �,Va pin er Soccer Direct Funding: ,I3.000 Frwilities I.-Sed: Rockingham Soccer Fields.x'irport Drive Soccer er Fields;Concession building"at ll-pol-t Drive. Contract stri.ttis. `.l"l.rr•cau lr iir iesc:,,clt,I (lis(,( rccl tlrtit there. has [well.no cciirtrsict I'viflr I'rtitccl N .`aj')pir7;er Soccer since 2006. L ciOssTxcfxliiri c.r zirric�rs„ The NA"appiit-el \'A"arno nt.,c-111-rcritly do not use ei y'l-cox it facilities.The recreation Dep rtitlrreiri. I'ms rete. tfv received a request to incel vVitlr ii,repr c:sentativc b-oill the org;a. ization to Clrsci SS possible fl cility u.w. C 0 C C.IrirC','.I dy. we do not ljYj e colitra is ill Entice wit.lr :all of d3c; 01-gmliz tiotz� that are. ope atingi:rr 0 Cooperation willi the AI own.,`of all of the orgjrrai./,tttiorn receiv Binding from die'l'own �irrcl ric-)t all: of tlrc°rii use=l`oxi'l•i faciliticN:. Howc ver,gill rel-t,llc cat';�ittirriti<>itw`l highlighted--tbo -c are lirnr•iclecl with the Srzpport,of'tlre"1•`c>wu in dire IsKI� 'f"he exccution crfcontracts With all c:>l'th se oi;;ciiii!iti()rrs 41rc.}ti.l:cl lac ccin,iclerccl These CM contracts crit 1d.. protect the interests cif•tlie."Fowl). 'I"lie contractswouldAso clan the rehitionsltifx Um) LLJ between tare org-allizations and Clic rf'c wni and tlrc of'eacli f'x<irty. � CM Co CD CM CD ,Jessica I*ult<m Rc.c:rc;cion Director Packet Pg. 21 90/blo0, - 5.9.a TOWN OF W"PINGER TOWN JUSTICE • TOWN JUSTICE HEATHER L.KITCHEN \ CARL S.WOLFSON JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590-0324 (845)297-6070 • (845)297-0145 January 25 2016 FAX:(845)297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Jiava and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers,NY 12590 Re: Carl S. Wolfson, Town Justice Report for the month of December,2015: Dear Supervisor Jiava and Members of the Town Board; The following is a report of the cases disposed of during the month of December, cm co 2015; 20 Penal Law matters resulting in $330.00 collected in fines and fees. 284 Vehicle and Traffic Law matters resulting in$26,040.00 collected in fines and cm00 fees. cm 9 Civil matters resulting in$66.00 collected in fees. 13 Town Ordinance matters resulting in$125.00 collected in fines. 16 Termination of Suspension fees resulting in$1,085.00 collected. 1 DNA fee collected in the amount of$50.00. 1 Alcohol and beverage law matter resulting in no money collected. I have forwarded a check in the amount of$27,696.00 to the Town of Wappinger Comptroller. Additionally, I am holding $35,042.50 in pending bail. espe t 1 sub itte = - ----- —---- — - Carl S. Wolfson, ' IED Town Justice cc: Joseph Paoloni, Town Clerk JAN 2 5 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 22 TOWN OF WAPPINGER TOWN JUSTICE • TOWN JUSTICE HEATHER L.KITCHEN CARL S.WOLFSON JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590-0324 (845)297-6070 • (845)297-0145 FAX:(845)297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. January 26, 2016 Supervisor Jiava and Members of the Town Board Town of Wa mer Town Hall "m[n"E'EU V E0 Pp g V LS 20 Middlebush Road Wappingers Falls,NY 12590 JAN 262016 cmcoe Re: 2015 Annual Report, Carl S. Wolfson, Town Justice TOWN OF WAPPINGERT0WN CLERK 00 Dear Supervisor Jiava and Members of the Town Board: 0 The Following cases were disposed of while I presided over the Justice Court during the year of 2015; 220 Penal Law matters resulting in$6,345.00 collected in fines and fees. 3,226 Vehicle and Traffic Law matters resulting in$300,701:00 collected in fines and fees. 95 Town Ordinance matters resulting in$2,465.00 collected in fines. 206 Civil matters resulting in$2,335.25 collected in fees. 2 ENCON Law matters resulting in$125.00 collected in fines. 6 NYCRR matters resulting in$1,250.00 collected in fines. 1 Public Health Law matter resulting in no money collected. 4 Alcohol and Beverage Law matters resulting in no money collected. 1 Sex Offender Fee collected in the amount of$210.00. Packet Pg. 23 5.1.a 15 DNA collection fees in the amount of$750.00. 10 Bail Poundages resulting in$1,295.00 collected. 7 Bail Forfeitures resulting in$915.00 collected. 271 Termination of suspension fees resulting in$18,580.00 collected. I have forwarded to the Town of Wappinger a total of$334,971.25 during the year of 2015. t sub tt Carl S. Wolfson Town Justice CSW/ch cc: Joseph Paoloni, Town Clerk e cm CO CD cm 00 CD cm CD e 0 0 U Packet Pg. 24 MARCUS J. MOLINARO �? � n .,J� HEIDI SEELBACH COUNTY EXECUTIVE �' --- � - a COMMISSIONER COUNTY OF DUTCHESS DEPARTMENT OF FINANCE mID EC ENE D January 29 2016 Joseph Paoloni,Town Clerk Town of Wappinger JAN 2 8 2016 PO Box 324 2�i�li.dieush {load •OWN OF WAPPINGER Wappingers Falls NY 12590 TOWN CLERK as O In accordance with Sub. 5 of Section 550 of the County Law, I herewith aCL L transmit to you a statement of all moneys paid to the Supervisor of your Town by the County of Dutchess for the period beginning January 1st, 2015 and ending O December 31st, 2015. Commissioner of Finance cme UJI Date of Check Account Amount cm 00 cm 06/05/15 Mortgage Taxes: 238,694.69 12/04/15 256,776.49 $495,471.18 O as Payment in Lieu 09/15/15 of Taxes 917.58 917.58 01/30/15 Sales Tax: 283,510.43 04/30/15 204,716.45 07/30/15 294,889.37 10/30/15 260,800.43 03/27/15 growth 141,212.36 1,185,129.04 Total for Town: $1,681,517.80 22 Market Street,Poughkeepsie,New York 12601-3294•(845)486-2025 Fax•(845)486-2198 www.dutchessny.gov Packet Pg. 25 5.1.a o�oF ,iAP°„ VILLAGE OF WAPPINGERS FALLSY Office of Building, Planning &Zoning Office of Code Enforcement/Office of the Fire Inspector 2582 South Avenue,Wappingers Falls, NY 12590 Phone: (845)297-5277 fax: (845)296-0379 /NC�RpORATE� a-mail: - 71iYiI 7rQppI�7gClltitt97i;�6 January 19, 2016 RECEIVED JAN 2 5 4,JI6 To: Town of Wappinger—Town Board Re.: Lead Agency Coordination Request SUPERVISOR OFFICE- 6-20 FFICE6-20 Marshall Road 0 The Village of Wappingers Falls Planning Board is in receipt of an application for the above referenced project. The Planning Board has made a preliminary determination that it is the most appropriate agency to conduct the State Environmental Quality Review(SEQR)of this project since the anticipated impacts are of o CL primarily local significance. Enclosed please find a copy of the Environmental Assessment Form and any other application materials submitted by the applicant. The Planning Board requests a response from your office as soon as possible. o Please check all of the boxes below that apply and return this letter to the above address within 30 days. e ❑ We consent to the Village of Wappingers Falls Planning Board serving as Lead Agency on this co application. UJ ❑ We do not consent to the Village of Wappingers Falls Planning Board serving as Lead Agency on this application and wish to contest lead agency designation under the procedures found in 6 NYCRR 617.6(b). CD ❑ Our agency's jurisdiction on this application is as follows: 00 CDCD 0 0 ❑ Potential issues of concern are as follows: E Please provide any additional comments on the reverse side of this letter. If you have any questions,please direct them to the contact person named below. Thank you for your attention to this matter. Contact Person: Mary Ann Loncto, Secretary Planning Board—(845)297-5277 FEB 01 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 26 90/6 /off /os,- Qo 5.1.a TOWN OF WAPPINGER TOWN JUSTICE • TOWN JUSTICE HEATHER L.KITCHEN CARL S.WOLFSON JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590-0324 (845)297-6070 • (845)297-0145 FAX:(845)297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. February 5, 2016 1st and 3rd Thursdays 5:30 P.M. Supervisor Jiava and Members of the Town Board Town Hall 20 Middlebush Rd. Wappingers Falls,NY 12590 Dear Supervisor Jiava and Members of the Town Board: cm The following cases were disposed of while I presided over the Justice Court during the month of co January 2016: 360 Vehicle& Traffic law matters resulting in$31,008.00 collected in fines and fees. cm 00 13 Penal Law matters resulting in$455.00 collected in fines and fees. cm 5 Civil matters resulting in$109.00 collected in fees. 23 Termination of Suspension matters resulting in$1890.00 collected in fees. 1 Executive Law matter resulting in$50.00 collected in fees. 1 Town Law matters resulting in no monetary disposition. I have forwarded a check in the amount of$33,512.00 to the Town of Wappinger on February 1, 2016. Additionally I am holding$24,450.00 in pending bail. Respect y su itted, Heat en Town Justice FEB 0 3 2016 cc: Joseph Paoloni, Town Clerk TOWN OF WAPPINGER TOWN CLERK Packet Pg. 27 8.5.a TOWN OF WAPPINGER Executive Order No. 1 of 2016 Supplement to Declaration of Emergency regarding Public Works Project WHEREAS, by Executive Order No. 1 of 2015, dated December 4, 2015, a Declaration of Emergency was declared by then Supervisor, Barbara A. Gutzler, who declared an emergency authorizing the immediate repair work for a sewer line failure along All Angels Hill Road; and CL WHEREAS, during the course of the above-referenced repair work, another imminent failure of the sewer line was discovered in the shoulder of All Angels Hill Road between Cider Mill Loop and Edgehill Drive; and WHEREAS, present Supervisor, Lori A. Jiava, directed the Engineer to the Town, Robert J. Gray, P.E. of Morris Associates Engineering & Surveying Consultants, PLLC, to U. prepare a Request for Proposal (RFP) for such repair work in accordance with plans and specifications as prepared by Morris Associates and approved by the Dutchess County Department of Public Works; and as WHEREAS, plans and specifications were prepared by Morris Associates and an RFP was issued for the work required to repair the sewer line in the shoulder of All Angels Hill Road between Cider Mill Loop and Edgehill Drive along All Angels Hill Road and described as Alternate 2; and UJ WHEREAS, based on the recommendation of said Robert J. Gray, P.E., and Michael Tremper of Camo Pollution Control, the Town's Water and Sewer Operator, the Town Board previously determined that the work must be done on an expedited basis to avert fiirther catastrophe and the Town Board previously declared a public emergency and declared that this additional repair work be undertaken as soon as circumstances permitted as set forth in Resolution No. 2016-62, adopted by the Town Board on January 11, 2016; and M WHEREAS, RFPs were duly solicited for this work to be done and three proposals were co received on January 8, 2016 with Sun Up Enterprises, Inc. of Wappingers Falls submitting the lowest bid for this emergency work, at proposal amount of S101,385.00 for Alternate 1 and atcm proposal amount of$112,600.00 for Alternate 2 (both water and sewer pipe replacement); and co UJ WHEREAS, pursuant to the recommendation of said Robert J. Gray and Michael Tremper, the Town Board awarded the contract for this emergency work to Sun Up Enterprises, Inc. for$112,600.00 for Alternate 2; and WHEREAS, subsequent to the award of this contract to Sun'Up Enterprises, Inc. as stated above, and the consequence of constraints imposed by the Dutchess County Department of Public Works on the proposed construction, the procedures required to remove the transite pipe UJ and dispose of it in accordance with NYS Department of Labor regulations, resulted in a large cm — increase-m co-st-to do-the-work from$-1-12 600.00-to-S-3-90;000..00-or-more; and WHEREAS,-the-collapse of-the sewer-pipe-is-still-imminent;and, Packet Pg. 28 WHEREAS, said Robert J. Gray and Michael Tremper recommends that the proposed emergency work be done in accordance with Alternate 1 as set forth in the above-referenced RFP; and WHEREAS, in accordance with the recommendation of Robert J. Gray as set forth in his email of January 29, 2016, a copy of which is affixed hereto, the total revised cost for pipe bursting of the sewer main will increase to the sum of$140,248.25 as follows: • Original cost for Alternate 1 Pipe Bursting - $101,385.00 CL C • Preliminary work for installation of new water service and lawn restoration for house at corner of All Angels and Cider Mill Loop - $ 13,500.00 • Blacktop patching and blacktopping overnight steel plates - $ 7,075.00 Subtotal $121,955.00 Uj o 15%contingencies - $ 18,293.25 U. Total $140,248.25 WHEREAS, pursuant to General Municipal Law § 103(4), the Town is authorized to award contracts for public work where there is a public emergency arising out of an accident or other unforeseen occurrence or condition whereby circumstances affecting public buildings, public property or the life, health, safety or property of the inhabitants of the Town of Wappinger require immediate action which cannot await competitive bidding; and X WHEREAS, pursuant to §46-6(B) of the Town of Wappinger Code, contracts may be CL awarded without solicitation of competitive bids in the case of an emergency. THEREFORE, I, LORI A. JIAVA, SUPERVISOR OF THE TOWN OF WAPPINGER, under theowers ranted to me b the Laws of the State of New York, do hereby declare that a p g Y State of Emergency exists in the Town of Wappinger with respect to a portion of the sewer line located along All Angels Hill Road between Cider Mill Loop and Edgehill Drive, and I further declare that immediate repairs and corrective measures are required to cure the aforementioned dangerous and hazardous condition created by the damaged sewer line and repair/re-line the 00 sewer line as soon as practicable in accordance with plans and specifications as prepared by the Engineer to the Town and approved by DPW. cm N co 1. The recitations above set forth are incorporated in this Executive Order as if fully set forth and recited herein. 2. In accordance with the email of Robert J. Gray dated January 29, 2016, I hereby direct that the above-referenced emergency repair work be awarded to Sun Up Enterprises, Inc. at a total cost not to exceed $140,248.25. X 3. Payment for such contract shall be made upon submission of vouchers, audited and approved by the Town Board as required by Law. cm 4. The original of this Order shall be filed with the Town Clerk and a copy of this Emergency Order shall be-annexed to the RPF-previous-1-y-submitted by Sun Up Enterprises, Inc. 2 Packet Pg. 29 8.5.a as amended by the email of Robert J. Gray dated January 29, 2016, as well as to any vouchers for payments pursuant to same. � Dated: February 2, 2016 C VONfOId A. JIAV , Supervisor Town of Wappinger CL C II - U. x CL C M 00e CD CM Ui e Z E x LLjI CM C 3 Packet Pg. 30 �� 8.5.b SUN UP M L��! cirYE 2�PMH0M0 c� H o Drainage Site Moria Excavating Waterlines CL Asphalt Paving Concrete Work•Sanitary Sewers LLj I- 0 U. January 28, 2015 d Mr. Robert Grey as Morris Associates '- 9 Elks Lane Poughkeepsie, NY 12601 X UJI Mr. Mike Tremper Camo Pollution Control Inc. 1610 route 376 Wappingers falls, NY 12590 Re: All Angels Hill Road Sewer 00 Dear Bob and Mike, After yesterday's meeting in the field at your request, I put together a budget price to excavate co the existing waterline, abate it, excavate the existing sewer line, abate it, and then install the UJI new sewer and water lines. UJI The only way I feel we can do this and keep the Dutchess County DPW happy is to excavate a co section of water line, say 80 Lf at a time, abate the water line, excavate down to the sewer, abate the sewer, reinstall the new sewer and water first 80' in length and then do the same work four additional times in eighty foot increments until completion. I estimate this work process co including patching and restoration to be twenty five working days. Budget price for this including abatement is $390,000.00- $400,000.00 not including permits and UJI monitoring. Our price for pipe bursting and installing a liner still stands. (See Sun Up letter dated December 28, 2015 attached.) a To that price, we now have some added work which was incorporated in our remove and replace co price. ® Remove and replacement of home owner fence at Cider Mill Loop and All Angels $3,000.00 1607 ROUTE 376- WAPPINGERS FALLS, NEW YORK 12590 TELEPHONE 845-462-1800•FAX 845-462-8375 AN EQUAL, OPPORTUNITY EMPLOYER Packet Pg. 31 8.5.b January 28, 2016 All Angels Hill Road Sewer Page 2 ® Test pits at Edge Hill Road and Cider Mill Loop Performed Last week to locate water main $3,500.00 UJ ® Restoration of lawn homeowner at Cider Mill Loop and U. All Angel Hill Road in the spring $3,000.00 ® Water service to house on corner of All Angels and d Cider Mill Loop, this work was already a separate price $4,000.00 If the town elects to go with the pipe bursting option, once awarded, it will take two weeks to obtain material and one and a half weeks to perform the work. X The cost of permits and bonds to the county are not included in the above, time and material plus 10% say$1,000.00—$1,500.00 budget. CL At the request of the highway superintendent, the existing trenches should be temporarily paved and sealed while waiting for the material to come in for the bursting operation. Our price to saw cut the existing patches, excavate to a depth of 5", patch with high performance cold mix from Package Pavement and seal the edges and saw cuts with hot tar is $5,675.00. Also at his request, during the bursting operation when steel plates are set in place at the end of 00®® the work day,they are blacktopped. The costs associated with this add is $1,400.00. coe A summary is listed below: UJ Pipe bursting $101,380.00 �- Fence removal/reinstall $3,000.00 Landscape restoration $3,500.00UJ Lawn restoration $3,000.00 co Water service $4,000.00 Interim patching $5,675.00 co Blacktop plates $1,400.00 Total project price $121,955.00 Please review the above and get back to me with your decision. Once again thank you for considering Sun Up for this work. Very truly yours, a SUN UP ENTERP,�ISES, INC, H co rold W.^Buck ner President C:\Diana\MyDarumets\Wapp_Camo—Al lAngeis\Budget_28hn2016 Packet Pg. 32 SUN Ue Drainage•Site Work•Excavating•Waterlines CL Asphalt Paving Concrete Work Sanitary Sewers December 28, 2015 Uj L_ 0 Mr. Robert Grey U. Morris Associates 9 Elks Lane Poughkeepsie, NY 12601 Mr. Mike Tremper Camo Pollution Control Inc. 1610 route 376 Wappingers Falls, NY 12530 Uj Re: Pipe Bursting at Cider Mill Loop Dear Bob and Mike, As discussed an alternate method of repairing the collapsed 8" sewer main between Cider Mill Loop and Edge Hill Road is pipe bursting which in the end the existing 8" line would become eight inches in diameter. 00 Scope of Work • Excavate for, shore and plate at night pits on both Cider Mill Loop and Edge Hill Road e • Employ TAM Enterprises to perform pipe bursting and by-pass piping Uj • furnish traffic control (flag people and signage)for complete operation • Blacktop roadway with 5" of high performance hot mix from Package Pavement Uj • Clean up and restore disturbed area Uj co Lump sum price for the above work One Hundred One Thousand Three Hundred Eighty Five Dollars and No Cents ($101,385.00). Excludes cost of Dutchess County DPW permits. co Thank you for the opportunity to quote on this work. If you have any questions,feet free to contact me at my office. Very truly yours, a SUNK UP ENTERP , INC. coI d Harold W. uchn President C:\Diana\MyDocument \Ruotes_2015\Wapp_CiderMill_Pipeftrsting 1607 ROUTE 76 WAPPINGERS FALLS, NEW YORK 12590-TELEPHONE 845-462-1800-FAX 845-462-8375 AN EQUAL OPPORTUNITY EMPLOYER Packet Pg. 33 8.6.a TOWN OF WAPPINGER ZONING ADMINISTRATOR .r'� • �., SUPERVISOR Barbara Roberti - Ext. 128 Lori Jiava PLANNING BOARD &ZONING B BOARD OF APPEALS SECRETARY TOWN BOARD cc Bea Ogunfi—Ext 122 William H. Beale 0 ° William Ciccarelli U. as _...,__...r John Fenton ZONING DEPARTMENT Michael Kuzmicz 20 MIDDLEBUSH ROAD IL WAPPINGERS FALLS,NY 12590 (845)297-1373 Ext. 2 Fax(845)297-0579 www.townofwappinger.us U Memorandum To: Lori Jiava, Supervisor Joseph Paoloni Al Roberts Date: February 2, 2016 cs From: Barbara Roberti, Zoning Administrator Re: Architectural Submissions to the Planning Board 0 I respectfully ask that this be added to the Town Board agenda for discussion next Monday, February 8, 2016. This has been discussed with the Chairman of the planning board and also E with the whole board last night under new and old business. co Architectural review is in the purview of the planning board and as such any changes to a commercial facade or site must be submitted to the planning board for approval. While a major change should and does require amended site plan review, I believe minor changes should be fast tracked with the board. e Minor changes could include: as 1. Color change—building a 2. Sign changes 3. Window changes 0 4. Facade changes if only a portion of the building is being updated The application could be similar to a conceptual application except in the narrative, the applicant would describe the changes being proposed and include pictures of what currently exists and then show a rendition of the proposal that will be considered. Also samples of colors and Packet Pg. 34 8.6.a materials if it applies should also be included. I propose a fee of$150.00, no escrow, as the consultants would not have to review the minor E2 architectural submissions. as This minor Architectural Change application would be just for the planning board members and not the consultants although they could weigh in at the meeting and this could literally be approved the same night if the planning board liked the idea presented. The board could simply 0 motion to accept the changes and have it recorded for the record in the minutes. Many times in the past, a commercial property owner or tenant would like to update a property but the cost and time it has taken with the planning board has been costly and time consuming. I feel it is very important to promote businesses and encourage commercial properties to update their sites. What I'm seeing is either they try changes without approvals because of the time and expense(therefore no inspections or oversight is done) or don't bother for the same reasons. Hopefully changes such as this will promote business owners to move forward in beautifying and updating their property and in turn will encourage neighboring properties to do the same. Perhaps Al could have a resolution prepared should the board be in favor of the streamlining of minor architectural changes. e Note: Other than painting, all signage and structural changes still require a building permit to be applied for. co Attached: A sample of the proposed architectural application. 0 co e 0 Packet Pg. 35 8.6.b TOWN OF WAPPINGER PLANNING BOARD Application No. 0 Date Received: Fee Received: APPLICATION FOR A MINOR ARCHITECTURAL REVIEW 0 (NO ESCROW RECEIVED) co TITLE OF PROJECT: NAME &ADDRESS OF APPLICANT(Corporation or Individual): Street Town State Zip U. as Contact Person Phone Number Fax Number 0 NAME &ADDRESS OF OWNER(Corporation or Individual): IL E Street Town State Zip Contact Person Phone Number Fax Number Grid No. 0 Please specify use or uses of building. Existing Design: e cm Proposed Change to exterior of building or Signage: co Materials to be used: as Proposed cost of construction: cm Location of Property: Zoning District: Acreage: Existing No. of Parking Spaces: Proposed No. of Parking Spaces: e Type Name (Corporation, LLC, Individual, etc.) Date Owner or representative's signature Owner's Telephone No. Type Name and Title *** Owner's Address Packet Pg. 36 8.6.b ***If this is a Corporation or LLC please provide documentation of authority to sign. Note: co • THERE IS A $ 150.00 APPLICATION FEE • Application Fees are non-refundable. • ATTACH A TYPED NARRATIVE DESCRIBING YOUR PROPOSED PROJECT IN COMPLETE DETAIL: • ATTACH A SKECTCH PLAN AND/OR COLOR PHOTOS, RENDITIONS 0 OF BEFORE AND AFTER (INCLUDE 12 COPIES ) U. • ATTACH AN OWNER'S CONSENT 0 E e co e e Packet Pg. 37 11.4.a TOWN OF WAPPINGER ZONING ADMINISTRATOR ' ~„'°,., SUPERVISOR 0 Barbara Roberti - Ext. 128 ""�� Lori Jiava PLANNING BOARD &ZONING BOARD OF APPEALS SECRETARY TOWN BOARD Bea Ogunti—Ext 122 William H. Beale ° William Ciccarelli * . John Fenton 2 ZONING DEPARTMENT Michael Kuzmicz 20 MIDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590 (845)297-1373 Ext. 2 Fax(845)297-0579 www.townofwappinger.us LM To: Lori Jiava, Supervisor Joseph Paoloni Al Roberts Date: February 2, 2016 0 From: Barbara Roberti, Zoning Administrator Re: 5 Diddell Road and 277 Myers Corners Road e co e As we have discussed,these two properties have become very problematic. Both are beyond a simple UJI ticket to our justice court for a fine at this point. I believe these two properties should be discussed with the town board for action to the Supreme Court for compliance. 0 6359-03-077200—John Mason 5 Diddell Road: The office received complaints from neighboring properties that cargo containers were being brought into the property along with many cars. After getting permission to enter the property at 7 0 Diddell Road, the home of Joseph Lombardi I conducted my first inspection on Friday,January 22, 2016 at approximately 3:15pm. I observed 3 cargo containers, one with car parts on its roof,many cars and scattered debris. It appeared that many trees were taken down and loud noises were coming from the 2 back of the containers. Being alone I felt it prudent to come back the following Monday with another person. "m Monday,January 27, 2016. Revisited the site with Sal Morello at approximately 3:10 pm, again with permission to access 7 Diddell Road. Upon walking into the rear yard of 7 Didddell Road we were able to take pictures of what appears to be 5 cargo containers(now side by side),multiple sheds (at least 5), 0 over 30 tires stacked up in the rear,multiple car parts and various car parts, drums, debris and trash. A toppled over tree and brush piled up behind the cargo containers. They have also added a large shed addition to the house that has a sliding door from the exiting house on the second floor opening onto the roof of this shed without railings (no permit applied for). This property has become a dangerous site and our fear is that they may also be leaking oils and gasoline into the soil. Order to remedy sent on February 1, 2016. E Packet Pg. 38 11.4.a 6258-02-974597— Charles D Hulsair 277 Myers Corners Road: - My office received a complaint of construction equipment being stored in M the woods behind the homes on Valley Road on May 7, 2015 from Mr. Robert Ferin of 32 Valley Road. My initial inspection revealed very little because of the trees being in bloom. I could see construction through the trees but the camera really couldn't capture it. I sent an OTR to Mr.Hulsair regarding an illegal construction yard on his property but never heard from him. Again on July 22, 2015 another complaint came in and again I went out and couldn't really capture all the trucks clearly. Another OTR was sent out without a reply from the homeowner. I did not follow this up with a ticket because of the a� lack of proof as to the enormity of the construction yard. Mr. Ferin and I discussed waiting for the leaves to fall. January 7, 2016,Mr. Robert Ferin called my office about this illegal activity. He resides at 32 Valley Road. He proceeded to send me many pictures now that it is the dead of winter. He then sent me additional pictures on January 27, 2016. He is also in possession of videos of the men working back there. Besides the construction yard in his back yard,his concerns are the loud noises, and the dirt they are bringing in and piping that may be going on. In one of the pictures it was possible to make out a septic truck from Hopewell Septic. Once I googled the company it was clear that Hopewell Septic is using this residential property as the company construction yard. Mr. Ferin is scheduled to meet with Al Roberts this week to give a deposition as to what he has witnessed firsthand over the last few years. 0 e M co 0 8!i 0 8!i 0 U Packet Pg. 39