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2019-05-13 Town of Wappinger Regular Meeting ~ Minutes ~ I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Angela Bettina Town of Wappinger Councilwoman Present 7:30 PM Christopher Phillips Town of Wappinger Councilman 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 David Stolman Consultant Planner Present 7:30 PM Jim Horan Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Vincent Bettina Town of Wappinger Highway Present 7:30 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda Mr. Beale said that he will be introducing a last minute item on the agenda. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Acknowledge Minutes of April 22, 2019 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz Town of Wappinger Page 1 Printed 5/23/2019 IV.Public Hearing -Hilltop UWWD In the Matter of The Increase and Improvement of the Facilities of the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York No member of the Public Appeared before the board. RESULT: CLOSED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Close Public Hearing RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz V.Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz VI. Supervisor's Report 1. MIG grant - Thurston A Municipal Innovations Grant was filed a week ago as a shared proposal with the Village and the Town of Poughkeepsie. The grant is for $195,000 for new diffusers to process sewer sludge. Our share of the cost is approximately 49%. This is one of many grants applied for in the last 2 years. Town of Wappinger Page 2 Printed 5/23/2019 2. County and State Highway Projects - Thurston The state has agreed to granting $5 million to improving the intersection at New Hackensack, Route 376, and the Northern end of All Angels Hill Road. The money will be directed to the State D.O.T. 3. Recycle Center Enforcement & Security - Thurston Town of Wappinger Page 3 Printed 5/23/2019 4. May 15, 2018 Macro Burst Follow-up - Thurston Residents are still coming in with issues from this last year storm. He asked the board to waive the permit fees for repairs tat are still being done. He also asked for trees to be put on the roadside for pickup by the highway department that are the May 15th, 2018 storm related. The board asked the attorney to look into the legality of doing work for a year old storm. VII. Discussions 1. Downey Oil Proposal Update - Al Capelli Town of Wappinger Page 4 Printed 5/23/2019 David Stolman recommended the project be allowed to go to the planning board to entertain this use in the HB district. Jody Amaden from Fairleigh, Vermont assessed the site and saw no issues with the location. A resolution will be ready for the next town board meeting. Town of Wappinger Page 5 Printed 5/23/2019 VIII.Resolutions RESOLUTION: 2019-95 Resolution Authorizing Repairs To Field Surface At Inspiration Field WHEREAS, cracks have developed in and below the surface of Inspiration Field and need to be repair to insure the safety of the players and other using the field; and WHEREAS, the Supervisor of Buildings and Grounds and the Engineers to the Town have obtained a quote to make the needed repairs to the field which are described in the attached quote from Copeland Coating & Sport Surfaces; and WHEREAS, Supervisor of Buildings and Grounds advises that the appropriations made in the adopted 2019 Budget are insufficient to pay for the needed work and recommends that a budget transfer be made to perform the work; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby accepts the quote from Copeland Coating & Sport Surfaces to make the necessary repairs to the field in the amount of $15,000.00. 2. The Town Board accepts the contract offer to repaint all the existing field markings at a cost of $2,500.00. 3. The Town Board hereby authorizes the following budget line transfers for the needed work: Amount From Line To Line $17,500.00 A0917 Unallocated A Fund A.7110.0458 Challenger Field Balance Contractual Expenses 4. The Town Board approves a contract with Copeland Coating & Sport Surfaces as set forth in its proposal and authorizes the Supervisor to sign an agreement on behalf of the Town. 5. Payments under the contract shall be paid on vouchers submitted and reviewed as required by law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-95 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Seconder Tabled Angela Bettina Voter Withdrawn Christopher Phillips Voter Next: 5/28/19 7:30 PM Michael Kuzmicz Mover Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Tabled. 2. Motion To: To Fix the Threshold at Inspiration Field up not to exceed $5,000 Town of Wappinger Page 6 Printed 5/23/2019 RESULT:ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz RESOLUTION: 2019-106 Resolution Approving Machinery And Equipment Rental Rates With Operators For Use By The Highway Department Pursuant To Highway Law § 143 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-106 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Mover Tabled Angela Bettina Voter Town of Wappinger Page 7 Printed 5/23/2019 Withdrawn Christopher Phillips Voter Michael KuzmiczSeconder Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-107 Resolution Introducing Local Law No. 5 Of 2019 For The Purpose Of Amending The Zoning Map In Chapter 240, Zoning, Of The Wappinger Town Code In Connection With The Rezoning Petition Known As Red Cedar Arborists & Landscapers, Inc./Swenson Town of Wappinger Page 8 Printed 5/23/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-107 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-108 Resolution Accepting MS4 Report For Period Covering WHEREAS, the Town of Wappinger is required to file an annual MS4 Report as part of its Stormwater Management Program required by the regulations of the New York State Department of Environmental Conservation; and WHEREAS the Town of Wappinger has retained the services of Stormwater Management Consultants, Inc. (SMC), for the purposes of assisting the Town in complying with its MS-4 requirements including the preparation of the annual MS4 Report; and WHEREAS, SMC has prepared the Annual Report for the period covering March 10, 2018 through March 9, 2019 and has been submitted it to the Town of Wappinger for its approval and endorsement; and WHEREAS, Walter R. Artus, CPESC, CMS4S of SMC, has fully explained the contents and details of the MS-4 Annual Report and answered all questions presented by the Town Board at a duly convened meeting of the Town Board; NOW, THEREFORE, BE IT RESOLVED: Town of Wappinger Page 9 Printed 5/23/2019 1. The Town Board has reviewed the MS4 Annual Report for the period of March 10, 2018 through March 9, 2019 and after due deliberation, hereby accepts the MS4 Annual Report and authorizes and directs the Supervisor to execute the certification on behalf of the Town of Wappinger. 2. The Town Board directs the Town Supervisor and SMC to file the MS-4 Annual Report with the New York State Department of Environmental Conservation. The Town Board further directs that a copy of the MS-4 Annual Report shall be filed in the of the Report shall be posted on the Town of Wappinger website. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-108 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-109 Resolution Authorizing Refund Of Escrow Re Clove Creek Dinner Theater Rezoning Request WHEREAS, CLOVE CREEK DINNER THEATER, LLC filed an application to the Town Board to make certain amendments to the Zoning Code; and WHEREAS, on June 17, 2014, CLOVE CREEK DINNER THEATER, LLC posted an consultants; WHEREAS, on January 28, 2015, CLOVE CREEK DINNER THEATER, LLC withdrew its application; and WHEREAS, CLOVE CREEK DINNER THEATER, LLC requested that the Town return the escrow balance; and WHEREAS, the Town Comptroller has audited the escrow account and has verified the amount due to CLOVE CREEK DINNER THEATER, LLC. NOW, THEREFORE, BE IT RESOLVED: The Town Board hereby authorizes a return of the consultant review escrow for the amended site plan application in the amount of One Thousand Four Hundred Eighty-two and 50/100 Dollars ($1,482.50) to CLOVE CREEK DINNER THEATER, LLC. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-109 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Town of Wappinger Page 10 Printed 5/23/2019 Defeated Richard Thurston Voter Tabled William H. BealeVoter Withdrawn Angela Bettina Seconder Christopher Phillips Voter Michael Kuzmicz Mover Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-110 Resolution Authorizing Supervisor To Execute Contract Wit Office For Additional Police Service The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-110 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-111 Town of Wappinger Page 11 Printed 5/23/2019 Resolution Authorizing Printing Of Town Of Wappinger Guides WHEREAS, the Town of Wappinger prepared a guide to the government services which are available to residents of the Town of Wappinger; and WHEREAS, the Dutchess County Central Services offers printing services to municipalities as a shared service; and WHEREAS, bulk printing of the Town Guides by County Central Services would result in a savings to the Town of Wappinger; NOW THEREFOR BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby authorizes the printing of 2,500 copies of the Town of Wappinger Guide. 2. The Town Board hereby authorizes and directs the Town Supervisor to sign the attached printing proposal from Dutchess County Central Services for printing said guides.§ 3. The Town Board hereby authorizes the following budget line transfer to effectuate the purpose of this resolution: Amount From Line To Line $2,900.00 A0915 Unassigned Fund Balance A6410.400 Printing & Advertisement Contract Expense The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-111 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-112 Resolution Amending Town Board Schedule of Meetings WHEREAS, the Town Board has heretofore established a Schedule of Town Board Meetings for Calendar Year 2019; and WHEREAS, the Town Board scheduled meetings for the second and fourth Monday of every month, and WHEREAS, the Supervisor has requested that the Schedule of Town Board Meetings for the months of June, July and August be amended. 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 Meeting scheduled for July 22th, 2019 and August 26th, 2019 at 7:30 p.m. are hereby cancelled. Town of Wappinger Page 12 Printed 5/23/2019 th 3. The Town Board Meeting scheduled for August 12, 2019 is moved to August 5th, 2019 at 7:30 p.m., 4. The Town Clerk is hereby directed to publish the new dates of the Board meetings on the Town Hall Bulletin Board and request that the schedule be updated on the town website. 5. The regularly scheduled Town Board Meetings heretofore established by the th Town Board shall be resumed commencing with the September 9, 2019 Town Board Meeting. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-112 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Voter Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-113 Resolution Authorizing The Transfer Of Funds For Town Hall Shuffleboard Court Resurfacing AmountFrom LineTo Line $2,200.00 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-113 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York Town of Wappinger Page 13 Printed 5/23/2019 May 13, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-114 AResolution Authorizing Engineers To The Town To Design Water And Sewer Mains For Old Hopewell Road (Cr-28) Improvement Project WHEREAS, the Dutchess County Department of Public Works has scheduled an improvement project for Old Hopewell Road (CR-28) between Route 9 and All Angels Hill Rd (CR-94) in the Town of Wappinger and the design work for the project is ongoing; and various locations, but there are also areas where there are gaps in the distribution and collection systems; and WHEREAS, it would be very cost effective to install water and sewer pipes as part of the proposed DCDPW improvement project as utility work within the right of way is being conducted as part of that project; and WHEREAS, the Engineer to the Town and the Town Supervisor have consulted with the include the installation of water and sewer mains in the improvement project if the Town provides the needed design specifications; and WHEREAS, the Town Board determines that the most cost effective way to fill the gaps in the UWWD and the UWSD in the area along Old Hopewell Road will be to install the pipes as part of the DCDPW Improvement Project; and WHEREAS, the Town Board determines that the installation of the mains will provide redundant systems that will benefit the UWWD and the UWSD on the whole and it is therefore proper to charge the design work for the improvements as a district wide expense; NOW THEREFOR BE IT RESOLVED THAT: 1. The Engineers to the Town, CPL, are directed to prepare design plans, specifications and cost estimates for water mains and sewer mains that shall interconnect the existing facilities of the UWWD and the UWSD along Old Hopewell Road. 2. The following budget transfers are hereby authorized for the design services: Amount From Line To Line $90,000 WU9950.900 UWWD H New Capital Account Old Hopewell Interfund Transfer Road Water Improvement $137,500 SU9950.900 UWWD H New Capital Account Old Hopewell Interfund Transfer Road Sewer Improvement 3. The Engineers to the Town shall report to the Town Board the estimated construction costs for the proposed work along Old Hopewell Road as soon as possible. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-114 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Mover Tabled Angela Bettina Voter Withdrawn Christopher Phillips Voter Town of Wappinger Page 14 Printed 5/23/2019 Michael Kuzmicz Seconder Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-115 Resol Town Of Wappinger Of May 2, 2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-115 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Mover Tabled Christopher Phillips Seconder Withdrawn Michael Kuzmicz Voter Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. 13. Motion To: Police Officers Recognition Town of Wappinger Page 15 Printed 5/23/2019 RESULT:ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz RESOLUTION: 2019-116 Resolution Appointing Seasonal Laborers In Buildings And Grounds Department WHEREAS, in its 2019 Budget, the Town Board funded Seasonal Laborer positions in the Buildings and Grounds Department to assist with the repairs and maintenance of Town Buildings and Grounds; and WHEREAS, the Rules of the Dutchess County Department of Human Resources authorizing the appointment of seasonal employees by the Town as a temporary appointment for a limited duration; and WHEREAS, the Supervisor of Buildings recommends the appointment of a returning seasonal worker and two new seasonal workers; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Tom Johnston as Seasonal Laborer effective April 23, 2019 who shall be compensated at $15.00 per hour out of budget line A.7110.0103. 2. The Town Board hereby appoints Stefano Federico as Seasonal Laborer effective April 23, 2019 who shall be compensated at $15.00 per hour out of budget line A.7110.0105. 3. The Town Board hereby appoints James McCarthy as Seasonal Laborer effective April 23, 2019 who shall be compensated at $15.00 per hour out of budget line A.7110.0106. 4. The appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 5. The appointment is subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-116 Yes/Aye No/Nay Abstain Absent Richard Thurston Adopted Adopted as Amended William H. Beale Defeated Angela Bettina Tabled Withdrawn Christopher Phillips Michael Kuzmicz Town of Wappinger Page 16 Printed 5/23/2019 Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Withdrawn. 15. Motion To: To add $16,380 to Line A7110.104 to reflect for an additional seasonal position to be hired by Steve Frazier RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 16. Motion To: Authorize Director of Buildings and Grounds to Hire the Individual that Meets Qualifications by Civil Service Standars Line A7110.104 RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz RESOLUTION: 2019-117 Resolution Declaring Highway Equipment Surplus And Authorizing Its Sale At Public Auction Town of Wappinger Page 17 Printed 5/23/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-117 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Voter Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-118 Resolution Authorizing An Amendment To The Agreement For Expenditure Pursuant To Highway Law § 284 by the adoption of Resolution 2018-144 on June 11, 2018, the Town Board authorized the issuance of $1,600,000 in serial bonds for paving work and the Town Comptroller advises that $970,000 of the borrowed funds is available to expend for paving work; Town of Wappinger Page 18 Printed 5/23/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-118 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Seconder Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted as Amended. RESOLUTION: 2019-119 Resolution Authorizing Engineers To The Town To Proceed To Steps 4 And 5 Of Phase IIA Chelsea Hamlet Connections WHEREAS, the New York City through its Department of Environmental Protection Agreement dated August 31, 2012, as amended by Amendment Nos. 1 through 4 (the onstruct a water main to NYC distribution system in the Chelsea Hamlet , which would expand the existing water district and connect properties in the hamlet to the UWWD water system; and WHEREAS, Phase IIIA of the project authorizes the Town to repave a portion of River Road North and to connect certain properties to the UWWD Chelsea Hamlet Water Extension; and WHEREAS, the Engineers to the Town contacted eligible property owners in Steps 2 and 3 of Phase IIIA and prepared construction plans for connecting the properties interested in obtaining water service; and WHEREAS, the Town solicited and received bids for the Phase IIIA, Steps 1-3 work and there is approximately $419,000.00 in funds remaining which would allow the Town to proceed to the work in Step 4 \[Sky Top Drive\] and Step 5 \[Stenger Court\]; and WHEREAS, it is in the interest of the residents of the UWWD to connect the properties in Steps 4 and 5 to the UWWD; NOW, THEREFORE, BE IT RESOLVED, as follows: Town of Wappinger Page 19 Printed 5/23/2019 1. The Town Board hereby authorizes the Engineers to the Town to determine what property owners located in Steps 4 and 5 are interested in connecting to the UWWD and to draw up plans and specifications for such connections. 2. The Engineers to the Town shall submit all plans and specifications to the NYC DEP as required by the Agreement. 3. The Engineers to the Town shall provide plans approved by NYC DEP to the Town Board so that it may take further action. Expenses for the design work shall be paid in accordance with the provisions of the Agreement. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-119 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Seconder Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-121 Resolution Authorizing Community Garden At Carnwath Farms And Transfer Of Funds For Fence The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 20 Printed 5/23/2019 Vote Record - Resolution RES-2019-121 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Seconder Tabled Angela Bettina Voter Withdrawn Christopher Phillips Voter Next: 5/28/19 7:30 PM Michael Kuzmicz Mover Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Tabled. 21. Memorial Day Report - Fulton RESOLUTION: 2019-122 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-122 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York May 13, 2019 Town of Wappinger Page 21 Printed 5/23/2019 The Resolution is hereby duly declared Adopted. IX. Executive Session - Planning Board & ZBA interviews, senior tax proposal, employee hearing, Hughsonville Fire District update 1. Motion To: Enter Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz X.Resolutions Approved After Executive Session 1. Motion To: Planning and Zoning Board Appointments Markos Peratikos, of 12 Booth Boulevard, was appointed to the Full Term of the Planning Board. Paul Freno, of 196, Smithtown Road, was appointed to the Unexpired Term of the Planning Board. Shailesh C. Shah, of 90, Shamrock Hills, was appointed to the Full Term of the Zoning Board of Appeals. Robert Haas, of 65 DeGarmo Hills Rd, was appointed to the Unexpired Term of the Zoning Board of Appeals. Alfred Casella, of 21 Sabra Lane, was appointed to the Chair of the Zoning Board of Appeals. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz RESOLUTION: 2019-120 In the Matter of The Increase and Improvement of the Facilities of the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York Town of Wappinger Page 22 Printed 5/23/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-120 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York May 13, 2019 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 23 Printed 5/23/2019 XI. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:32 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz Town of Wappinger Page 24 Printed 5/23/2019 8.1.a Attachment: WAPPINGERS FALLS STEVE (RES-2019-95 : Resolution Authorizing Repairs To Field Surface At Inspiration Field) Packet Pg. 25 8.3.a HIGHWAY SUPERINTENDENT TOWN OF WAPPINGER SUPERVISOR Vincent Bettina Dr Richard Thurston 845-297-4158 Main 10 HIGHWAY DRIVE WAPPINGERS FALLS, NY 12590 TOWN BOARD William H. Beale Email : Vbettina@townofwappinger.us Angela B. Bettina (845) 297-9451 Office Robert Johnston (845) 298-0524 Fax Michael Kuzmicz SECRETARY Karol Kelly TOWN CLERK Joseph Paoloni Office of the Superintendent of Highways Attachment: TOW EQUIP RENTAL RATE 2019 (RES-2019-106 : Approving Machinery & Equipment Rental Rates With Operators For Use By The Packet Pg. 26 8.3.a Attachment: TOW EQUIP RENTAL RATE 2019 (RES-2019-106 : Approving Machinery & Equipment Rental Rates With Operators For Use By The Packet Pg. 27 8.4.a NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County City Wappinger of Town Village 5 19 Local Law No. of the year 20 NO.5OF2019FORTHEPURPOSEOFAMENDINGTHEZONINGMAP A local law (Insert Title) IN CHAPTER240,ZONING,OFTHEWAPPINGERTOWNCODEINCONNECTION WITH THEREZONINGPETITIONKNOWNASREDCEDARARBORISTS& LANDSCAPERS, INC./SWENSON TownBoard Be it enacted by the of the (Name of Legislative Body) County City Wappinger of as follows: Town Village (Deletethislineoftextandentertextoflocallawhere) Attachment: Local Law 5 NYS Filing (RES-2019-107 : Introducing Local Law No. 5 Of 2019 - Red Cedar Rezone) (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 05/05) Packet Pg. 28Page 1 of 3 8.4.a (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1.(Final adoption by local legislative body only.) 5 19 I hereby certify that the local law annexed hereto, designated as local law No. of 20of Wappinger the (County)(City)(Town)(Village) of was duly passed by the 19 TownBoard June10 on 20 , in accordance with the applicable (Name of Legislative Body) provisions of law. 2.(Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3.(Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)( not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4.(Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. Attachment: Local Law 5 NYS Filing (RES-2019-107 : Introducing Local Law No. 5 Of 2019 - Red Cedar Rezone) *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 (Rev. 05/05) Packet Pg. 29Page 2 of 3 8.4.a 5.(City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20, became operative. 6.(County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in 1 paragraph , above. Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body (Seal)Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County City of Town Village Date: Attachment: Local Law 5 NYS Filing (RES-2019-107 : Introducing Local Law No. 5 Of 2019 - Red Cedar Rezone) DOS-239 (Rev. 05/05) Packet Pg. 30Page 3 of 3 8.4.b Attachment: Red Cedar - Swenson rezoning map (RES-2019-107 : Introducing Local Law No. 5 Of 2019 - Red Cedar Rezone) Packet Pg. 31 8.4.c Attachment: red cedar- swenson 923 rezoning ph notice (RES-2019-107 : Introducing Local Law No. 5 Of 2019 - Red Cedar Rezone) Packet Pg. 32 8.6.a Attachment: Clove Creek Dinner Theater Escrow Analysis (RES-2019-109 : Resolution Authorizing Refund Of Escrow Re Clove Creek Dinner Packet Pg. 33 8.6.a Attachment: Clove Creek Dinner Theater Escrow Analysis (RES-2019-109 : Resolution Authorizing Refund Of Escrow Re Clove Creek Dinner Packet Pg. 34 8.6.a Attachment: Clove Creek Dinner Theater Escrow Analysis (RES-2019-109 : Resolution Authorizing Refund Of Escrow Re Clove Creek Dinner Packet Pg. 35 8.6.a Attachment: Clove Creek Dinner Theater Escrow Analysis (RES-2019-109 : Resolution Authorizing Refund Of Escrow Re Clove Creek Dinner Packet Pg. 36 8.7.a Attachment: 2019 DC Sheriff Contract (RES-2019-110 : Authorizing Supervisor Execute Contract w/ Dutchess County’s Sheriff For Additional Packet Pg. 37 8.7.a Attachment: 2019 DC Sheriff Contract (RES-2019-110 : Authorizing Supervisor Execute Contract w/ Dutchess County’s Sheriff For Additional Packet Pg. 38 8.7.a Attachment: 2019 DC Sheriff Contract (RES-2019-110 : Authorizing Supervisor Execute Contract w/ Dutchess County’s Sheriff For Additional Packet Pg. 39 8.7.a Attachment: 2019 DC Sheriff Contract (RES-2019-110 : Authorizing Supervisor Execute Contract w/ Dutchess County’s Sheriff For Additional Packet Pg. 40 8.7.a Attachment: 2019 DC Sheriff Contract (RES-2019-110 : Authorizing Supervisor Execute Contract w/ Dutchess County’s Sheriff For Additional Packet Pg. 41 8.7.a Attachment: 2019 DC Sheriff Contract (RES-2019-110 : Authorizing Supervisor Execute Contract w/ Dutchess County’s Sheriff For Additional Packet Pg. 42 8.7.a Attachment: 2019 DC Sheriff Contract (RES-2019-110 : Authorizing Supervisor Execute Contract w/ Dutchess County’s Sheriff For Additional Packet Pg. 43 8.7.a Attachment: 2019 DC Sheriff Contract (RES-2019-110 : Authorizing Supervisor Execute Contract w/ Dutchess County’s Sheriff For Additional Packet Pg. 44 8.7.a Attachment: 2019 DC Sheriff Contract (RES-2019-110 : Authorizing Supervisor Execute Contract w/ Dutchess County’s Sheriff For Additional Packet Pg. 45 8.10.a Attachment: Shuffleboard (RES-2019-113 : Resolution Authorizing The Transfer Of Funds For Town Hall Shuffleboard Court Resurfacing) Packet Pg. 46 8.10.a Attachment: Shuffleboard (RES-2019-113 : Resolution Authorizing The Transfer Of Funds For Town Hall Shuffleboard Court Resurfacing) Packet Pg. 47 Attachment: January2019USD (RES-2019-113 : Resolution Authorizing The Transfer Of Funds For Town 8.10.b Packet Pg. 48 Attachment: January2019USD (RES-2019-113 : Resolution Authorizing The Transfer Of Funds For Town 8.10.b Packet Pg. 49 Attachment: January2019USD (RES-2019-113 : Resolution Authorizing The Transfer Of Funds For Town 8.10.b Packet Pg. 50 Attachment: January2019USD (RES-2019-113 : Resolution Authorizing The Transfer Of Funds For Town 8.10.b Packet Pg. 51 8.17.a HIGHWAY SUPERINTENDENT TOWN OF WAPPINGER SUPERVISOR Vincent Bettina Dr. Richard Thurston 845-297-4158 Main 10 HIGHWAY DRIVE WAPPINGERS FALLS, NY 12590 TOWN BOARD William H. Beale Email : Vbettina@townofwappinger.us Angela Bettina (845) 297-9451 Office Robert Johnston (845) 298-0524 Fax Michael Kuzmicz SECRETARY Karol Kelly TOWN CLERK Joseph Paoloni Office of the Superintendent of Highways Attachment: tow equipment auction 2019 (RES-2019-117 : Resolution Declaring Highway Equipment Surplus And Authorizing Its Sale At Public Packet Pg. 52 8.18.a Attachment: 2019 284 Agreement Amendment 1 (RES-2019-118 : Resolution Authorizing An Amendment To The Agreement For Expenditure Packet Pg. 53 8.18.a Attachment: 2019 284 Agreement Amendment 1 (RES-2019-118 : Resolution Authorizing An Amendment To The Agreement For Expenditure Packet Pg. 54 8.18.b TOWN OF WAPPINGER HIGHWAY SUPERINTENDENT SUPERVISOR Vincent Bettina Richard Thurston 10 HIGHWAY DRIVE 845-297-4158 Main WAPPINGERS FALLS, NY 12590 TOWN BOARD Email : Vbettina@townofwappinger.us William H. Beale Angela Bettina (845) 297-9451 Office Christopher Phillips . (845) 298-0524 Fax Michael Kuzmicz Office of The SECRETARY Superintendent of Highways Karol Kelly TOWN CLERK Joseph Paoloni Attachment: LETTERHEAD 2018 (RES-2019-118 : Resolution Authorizing An Amendment To The Agreement For Expenditure Pursuant To Packet Pg. 55 8.18.b Attachment: LETTERHEAD 2018 (RES-2019-118 : Resolution Authorizing An Amendment To The Agreement For Expenditure Pursuant To Packet Pg. 56 8.18.b Attachment: LETTERHEAD 2018 (RES-2019-118 : Resolution Authorizing An Amendment To The Agreement For Expenditure Pursuant To Packet Pg. 57 8.18.b Attachment: LETTERHEAD 2018 (RES-2019-118 : Resolution Authorizing An Amendment To The Agreement For Expenditure Pursuant To Packet Pg. 58 8.19.a Attachment: 2019 284 Agreement (RES-2019-119 : Authorizing Engineers To The Town To Proceed To Steps 4 & 5 Of Phase IIA Chelsea Hamlet Packet Pg. 59 8.19.a Attachment: 2019 284 Agreement (RES-2019-119 : Authorizing Engineers To The Town To Proceed To Steps 4 & 5 Of Phase IIA Chelsea Hamlet Packet Pg. 60 8.19.b TOWN OF WAPPINGER HIGHWAY SUPERINTENDENT SUPERVISOR Vincent Bettina Richard Thurston 10 HIGHWAY DRIVE 845-297-4158 Main WAPPINGERS FALLS, NY 12590 TOWN BOARD Email : Vbettina@townofwappinger.us William H. Beale Angela Bettina (845) 297-9451 Office Christopher Phillips . (845) 298-0524 Fax Michael Kuzmicz Office of The SECRETARY Superintendent of Highways Karol Kelly TOWN CLERK Joseph Paoloni Attachment: LETTERHEAD 2018 (RES-2019-119 : Authorizing Engineers To The Town To Proceed To Steps 4 & 5 Of Phase IIA Chelsea Hamlet Packet Pg. 61 8.19.b Attachment: LETTERHEAD 2018 (RES-2019-119 : Authorizing Engineers To The Town To Proceed To Steps 4 & 5 Of Phase IIA Chelsea Hamlet Packet Pg. 62 8.19.b Attachment: LETTERHEAD 2018 (RES-2019-119 : Authorizing Engineers To The Town To Proceed To Steps 4 & 5 Of Phase IIA Chelsea Hamlet Packet Pg. 63 8.19.b Attachment: LETTERHEAD 2018 (RES-2019-119 : Authorizing Engineers To The Town To Proceed To Steps 4 & 5 Of Phase IIA Chelsea Hamlet Packet Pg. 64 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 65 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 66 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 67 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 68 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 69 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 70 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 71 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 72 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 73 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 74 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 75 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 76 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 77 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 78 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 79 Attachment: 2019-05-13 (RES-2019-122 : Correspondence Log) 8.22.a Packet Pg. 80