2011-08-08 RGMTown of Wappinger 20 Middlebush Road
Wappingers Falls, NY 12590
Regular Meeting townofwappinger.us
Agenda — Chris Masterson
845-297-5771
Monday, August 8, 2011 7:30 PM Town Hall
7:30 PM Meeting called to order on August 8, 2011 at Town Hall, 20 Middlebush Rd,
Wappingers Falls, NY.
I. Call to Order
II. Salute to the Flag
III. Adoption of Agenda
IV. Discussions
A. Highway Bonding - Beale (:10)
B. Recycle Center - Beale (:20)
V. Correspondence Log
2011-271. Resolution Authorizing the Acceptance of the Correspondence Log
VI. Public Portion
VII. Resolutions
2011-259.
Resolution Appointing Members to the Town of Wappinger Ethics
Committee
2011-264.
Resolution Authorizing the Purchase of Recycle Center Supplies
2011-279.
Resolution Appointing a Marriage Officer and Alternate for the Town
of Wappinger
2011-280.
A Resolution Authorizing, Subject to Permissive Referendum, the
Reconstruction and Repaving of Roads in and Throughout the Town of
Wappinger, Dutchess County, New York, at a Maximum Estimated
Cost of $ , and Authorizing the Issuance of $
Bonds of Said Town to Pay the Cost Thereof.
2011-281.
Resolution Awarding Bid for Demolition and Replacement of Cider
Mill Loop and Water Storage Tank
2011-285.
Resolution Adopting Local Law No. —of 2011 Amending the Town
r
Code Regarding Handicap Facilities
2011-286.
Resolution Granting Woodhill Green Condominium Homeowners
Association Use of Meeting Room
2011-287.
Resolution Approving Fund Transfer for the Purpose of Dutchess
County Election Expenses
2011-288.
Resolution Authorizing Increase of Salary of Deputy Supervisor
2011-289.
Resolution to Fill Vacancy in the Office of Town Supervisor
VIII. Items for Special Consideration
IX. New Business
X. Executive Session
A. Legal Advice on Engineering and Sewer Issue - Beale
B. Legal Advice on Personnel Oversight - Roberts
XI. Town Board Review of Vouchers
2011-290. Resolution Authorizing Abstract of Claim and Warrant for Payment of
Claim Audited by Town Board
2011-291. Resolution Authorizing Abstract of Claim and Warrant for Payment of
Claim Audited by Town Board
2011-292. Resolution Authorizing Abstract of Claim and Warrant for Payment of
Claim Audited by Town Board
XII. Adjournment
Town of Wappinger Page 1 Printed 81412011
1
Town of Wappinger 20 Middlebush Road
Wappingers Falls, NY 12590
Regular Meeting townofwappinger.us
^' Minutes — Chris Masterson
845-297-5771
Monday, August 8, 2011 7:30 PM Town Hall
I. Call to Order
The Meeting was called to order by Deputy Supervisor Beale at 7:30 PM.
Attendee Name
Organization
Title
Status Arrived
William Beale
Town of Wappinger
Councilman
Present
Vincent Bettina
Town of Wappinger
Councilman
Present
Ismay Czarniecki
Town of Wappinger
Councilwoman
Present
Joseph Paoloni
Town of Wappinger
Councilman
Late 7:31 PM
II. Salute to the Flag
III. Adoption of Agenda
Motion To: approve the Agenda
RESULT: ADOPTED [UNANIMOUS]
i
MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: William Beale, Vincent Bettina, Ismay Czarnecki
ABSENT: Joseph Paoloni
IV. Discussions
A. Highway Bonding - Beale (:10)
Councilman Beale opened the discussion at 7:31 PM. He noted that the Board has
discussed this item over the past few Meetings. They have been looking for additional
information relative to budgetary impacts on the highway bonding proposal that was presented
by the Highway Superintendent, Graham Foster. Councilman Beale noted that Mr. Foster was
not present. Mr. Foster did distribute a list of options for bonding. Those options were
forwarded to the Town Accountant, Fredrick Awino. Mr. Awino was directed to prepare a
budget impact statement. Councilman Beale asked the Board for input.
Councilman Bettina noted that there are roads in Ward 2 that he would like to be looked
at. He is also concerned with the 2% tax cap. At this point, he is not willing to move forward
with the bond. Discussion followed.
Councilman Paoloni noted that he has been requesting that Edgehill Drive be paved for
years. He sees that this road is on the list to be paved, but it is now at the bottom of the list. He
has driven on the other roads and does not feel that they are in worse shape than Edgehill Drive.
Councilwoman Czarniecki noted that she has been driving in Ward 3. She would like
Mr. Foster's opinion on roads that have "spider -web" cracking.
Councilman Beale noted that Mr. Awino did forward the budget impact statement to the
Board Members. He added that the Town has a highway capital equipment purchase bond,
which was purchased recently along with the Recreation department. He feels that the Board
should look at that as well before making a decision. The Board should also get input from Mr.
Foster. The Board agreed to put this discussion off until a later date. Councilman Beale closed
the discussion at 7:36 PM.
B. Recycle Center - Beale (:20)
Councilman Beale opened the discussion at 7:37 PM. He noted that the Board has
discussed this topic for many Meetings and is now to the point of finalizing the permit process.
The Board has discussed many different types of permits. He went on to mention some of the
types. He pointed out that the Town Clerk, Chris Masterson, has contacted Foam & Wash to see
what bar code stickers they are using. Mr. Masterson explained that Foam & Wash uses a bar
code sticker with a back-up paper bar code for their records. The cost of the stickers is $114 for
10,000 bar code stickers. Two sets could be ordered so that residents could permit multiple
vehicles.
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Councilman Bettina claimed that several constituents have told him that they do not want
stickers on their cars. Those residents don't want people to know that they live in Wappinger and
want the Town to respect their privacy. He added that some residents don't drive. He would like
to have a placard that could be passed around. He also commented on the cost of the placard.
Councilwoman Czarniecki stated that she has visited the Recycle Center and has spoken
with employees of the Recycle Center. She claims that the employees at the site do not want to
have to question people as they come in to use the site. She would like to make sure that there is
a way to control how many times someone uses the site. She went on to say that the Board
should charge a fee to dispose of computers and refrigerators.
Councilman Paoloni feels that they could use bar codes and a scanner to monitor who is
using the site and how often. He noted that the bar code does not need to be attached to the car.
He went on to say that abuses of the site need to be stopped. He is glad to see that the bar code
option is back under consideration. Councilman Bettina asked if a resident would need three bar
codes if they have three vehicles. He added that plenty of residents are given vehicles to use as
part of their job. If the permit is in the form of a placard, it could be used in any vehicle.
Discussion about the enforcement of the rules followed.
Councilwoman Czarniecki stated that she does not want any stickers on her car.
However, she wouldn't have a problem with a static cling that would go on the windshield. She
also feels it would be more cost effective. She agreed with Councilman Paoloni that the
enforcement of the site should be addressed. She assumes that the person doing the scanning
would enforce the rules. Councilman Paoloni agreed. Councilman Bettina noted that there are
residents of the 2nd Ward that would like to comment.
The first resident to speak was James Finger. He noted that he does not want stickers on
his car. He went on to ask how many permits would be issued if residents have several cars. He
has three vehicles and a trailer. He added that the Board has only addressed a fee for a one -axle
trailer. He owns a two -axle trailer. Councilwoman Czarniecki asked if the resident would be
using the trailer every week. Mr. Finger answered that he would not. Councilwoman Czarniecki
recommended having a single -use fee. She feels that the single -use fee should be revisited. Mr.
Finger replied that he disagrees with having to obtain the single -use stickers ahead of time.
Councilwoman Czarniecki recommended selling single -use tickets in a book at the time that the
annual permit is obtained. Councilman Beale agreed that some of the elements of the plan need
to be revisited. Discussion followed.
Councilman Paoloni noted that the Town could use a driver's license reader. That would
solve the complaints about having a sticker on the car, it would solve the residency issue and it
would track abuses. He warned about designing a program based on the exceptions. The
exceptions could be approved as they go. Discussion followed.
Councilman Beale recommended discussing this issue again in a roundtable format. He
added that Resolution 2011-221 was approved on June 13`h. That Resolution needs to be
revisited. There were no further comments. Councilman Beale closed the discussion at 7:58
PM.
V. Correspondence Log
RESOLUTION: 2011-271
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 -2011-271
IZ Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
William Beale
Voter
0
0
❑
0
❑ Defeated
Vincent Bettina
Initiator
p
0
❑
0
❑ Tabled
Ismay Czarniecki
Voter
p
0
❑
❑ Withdrawn
Joseph Paoloni
Seconder
0
❑
0
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution is hereby duly declared adopted.
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Paaidnr Maatina Minutes August 8, 2011
A. Public Portion
Motion To: open up the public portion
RESULT: ADOPTED [UNANIMOUS]
1 MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: William Beale, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni
Public Comments
The first resident to speak was Gary Lindstrom. He pointed out that there is a typo in
Resolution 2011-281. Councilman Beale noted that the typo will be fixed.
Motion To: close the floor
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: William Beale, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni
VII. Resolutions
RESOLUTION: 2011-264
Resolution Authorizing the Purchase of Recycle Center Supplies
WHEREAS, the Town Board adopted a Fee Schedule for the Town of Wappinger
Recycle Center on June 13, 2011, through Resolution 2011-221; and
WHEREAS, the Town Supervisor solicited bids from various entities to include the
County of Dutchess, internet printing companies and local printing firms for the purchase of the
quantity of 2500 passenger vehicle and 250 trailer plastic window visor hanging insignias; and
WHEREAS, the Town Supervisor presented such bids through Resolution 2011-253, at
a cost not to exceed Eight Hundred Ninety -Four Dollars and 09/100 ($894.09); and
WHEREAS, the Town Board, after deliberation, and with advice from the Highway
Superintendent, chose to alter the permit from plastic window visor hanging insignias to stickers
affixed to the vehicle or trailer; and
WHEREAS, the Town Supervisor was authorized by the Town Board on July 11, 2011,
through the motion of the Town Board, to gain estimates of cost for stickers that affix to the
permitted vehicle; and
WHEREAS, the Town Supervisor gained from the Town Clerk an invoice for printing
the formerly utilized Town of Wappinger Recycle Center stickers in the amount of $347 for 500
stickers, or $.69/sticker; and
WHEREAS, the Town Supervisor has gained the following estimates of cost for 2" x 3"
"white plus 1 color polyester parking static cling stickers":
Ouantity Purpose Unit Cost Total
2500 Passenger/Truck $.15 $375.00
250 Trailer $.74 $185.00
Total $560.00
WHEREAS, the Town Board hereby authorizes the Acting Town Supervisor and/or
Town Clerk to solicit bids for the purchase of 2500 passenger/truck vehicle and 250 trailer 2" x
3" "white plus 1 color polyester parking static cling stickers" in substantial conformance with
Addendum 1 as provided with this resolution; and
WHEREAS, the Town Board hereby authorizes the issuance of a Purchase Order to
purchase 2500 passenger/truck vehicle and 250 trailer 2" x 3" "white plus 1 color polyester
parking static cling stickers" in accordance with the Town of Wappinger Procurement Policy,
Chapter 46, of the Town of Wappinger Town Code, in an amount not to exceed Six Hundred
Dollars ($600.00) from Budget Line A8162.400 (Recycle Center/Contract).
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby authorizes the Acting Town Supervisor and/or Town
Clerk to solicit bids for the purchase of 2500 passenger/truck vehicle and 250
trailer 2" x 3" "white plus 1 color polyester parking static cling stickers."
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Regular Meeting Minutes August 8, 2011
3. The Town Board hereby authorizes the issuance of a Purchase Order to purchase
2500 passenger/truck vehicle and 250 trailer 2" x 3" "white plus 1 color polyester
parking static cling stickers" in accordance with the Town of Wappinger
Procurement Policy, Chapter 46, of the Town of Wappinger Town Code, in an
amount not to exceed Six Hundred Dollars ($600.00) from Budget Line
A8162.400 (Recycle Center/Contract).
The foregoing was put to a vote which resulted as follows:
The Resolution is hereby tabled.
RESOLUTION: 2011-279
Resolution Appointing a Marriage Officer and Alternate for the Town of Wappinger
NOW, THEREFORE, BE IT RESOLVED, that Cheryl Hait be and she hereby is
appointed as a Marriage Officer for the Town of Wappinger, and Matthew Alexander be and he
hereby is appointed as an Alternate Marriage Officer for the Town of Wappinger, pursuant to
Article 3 Section l lc of the Domestic Relations Law, to serve at the pleasure of the Town Board;
and
BE IT FURTHER RESOLVED, that neither Cheryl Hait nor Matthew Alexander shall
receive a salary for said position, however, both may accept gratuities up to $75.00 per ceremony
at which she or he officiates.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2011-279
❑ Adopted
❑ Adopted
❑ Adopted as Amended
William Beale
Voter
Yes/Aye
p
No/Nay
❑
Abstain
Absent
Seconder
❑ Defeated
Vincent Bettina
Initiator
a
❑
❑
❑
❑
❑
❑
0 Tabled
❑
Ismay Czamiecki
Seconder
p
❑
❑
❑
p
Withdrawn
Jose h Paoloni
Voter
p
p
❑
❑
❑
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution is hereby tabled.
RESOLUTION: 2011-279
Resolution Appointing a Marriage Officer and Alternate for the Town of Wappinger
NOW, THEREFORE, BE IT RESOLVED, that Cheryl Hait be and she hereby is
appointed as a Marriage Officer for the Town of Wappinger, and Matthew Alexander be and he
hereby is appointed as an Alternate Marriage Officer for the Town of Wappinger, pursuant to
Article 3 Section l lc of the Domestic Relations Law, to serve at the pleasure of the Town Board;
and
BE IT FURTHER RESOLVED, that neither Cheryl Hait nor Matthew Alexander shall
receive a salary for said position, however, both may accept gratuities up to $75.00 per ceremony
at which she or he officiates.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2011-279
❑ Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
William Beale
Seconder
a
❑
❑
l7
® Defeated
Vincent Bettina
Voter
❑
a
❑
p
❑ Tabled
Ismay Czamiecki
Voter
❑
p
❑
p
❑ Withdrawn
Joseph Paoloni
Initiator
8
❑
❑
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution is hereby defeated.
RESOLUTION: 2011-280
A Resolution Authorizing, Subject to Permissive Referendum, the Reconstruction and
Repaving of Roads in and Throughout the Town of Wappinger, Dutchess County, New
York, at a Maximum Estimated Cost of $ , and Authorizing the Issuance of
$ Bonds of Said Town to Pay the Cost Thereof.
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental Quality Review
Act as a Type II Action, have been performed; and
WHEREAS, it is now desired to authorize such capital project and its financing;
NOW, THEREFORE,BE IT RESOLVED, by the Town Board of the Town of
Wappinger, Dutchess County, New York, as follows:
Section 1. The reconstruction and repaving of roads in and throughout the Town of
Wappinger, Dutchess County, New York, including sidewalks, curbs, gutters, landscaping,
grading or improving the rights of way, as well as incidental improvements and expenses in
connection therewith, is hereby authorized, subject to permissive referendum, at a maximum
estimated cost of $ Such roads to specifically include, but not be
limited to, the following: I _
and
t own of Wappinger Page 4 Printed 8/10/2011
Regular Meeting Minutes August 8, 2011
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by
the issuance of $ bonds of said Town, hereby authorized to be issued
therefor pursuant to the provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph
a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New
York, are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made
in each year sufficient to pay the principal of and interest on such bonds becoming due and
payable in such year unless paid from other revenues. There shall annually be levied on all the
taxable real property of said Town, a tax sufficient to pay the principal of and interest on such
bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor
of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the
provisions of the Local Finance Law.
Section 6. All other matters except as provided herein relating to the bonds herein
authorized including the date, denominations, maturities and interest payment dates, within the
limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also the ability to issue bonds with substantially level or
declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of
such Town. Such bonds shall contain substantially the recital of validity clause provided for in
Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such
recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the
Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 7. The validity of such bonds and bond anticipation notes may be contested
only if:
1. Such obligations are authorized for an object or purpose for which said Town is
not authorized to expend money, or
2. The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
3. Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose described herein.
Section 9. Upon this resolution taking effect, the same shall be published in full or
summary form in the official newspaper(s) of said Town for such purpose, together with a notice
of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE
REFERENDUM.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2011-280
❑ Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑ Defeated
Vincent Bettina
Initiator
a
❑
❑
❑
• Tabled
lsmay Czarniecki
Seconder
El
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Voter
a
❑
❑
❑
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution is hereby tabled.
Town of Wappinger Page 5 Printed cY/!U/LU/ l
Regular Meeting Minutes Aiiaiic+ R )ni i
Motion To: amend Resolution 2011-281 to remove the second appearance of the word "and"
in the title of the Resolution
RESULT: ADOPTED [UNANIMOUS]
MOVER: Joseph Paoloni, Councilman
SECONDER: Ismay Czamiecki, Councilwoman
AYES: William Beale, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni
RESOLUTION: 2011-281
Resolution Awarding Bid for Demolition and Replacement of Cider Mill Loop Water
Storage Tank
WHEREAS, by Resolution No. 2009-213, adopted by the Town Board on June 8, 2009, as
amended by Resolution No. 2011-140, adopted by the Town Board on March 28, 2011, the Town Board
authorized the solicitation of bids for the Cider Mill Loop Water Storage Tank Demolition and
Replacement Project, as set forth in the aforementioned Resolutions and related bid specifications; and
WHEREAS, bids and specifications were prepared by Robert J. Gray, P.E., of Morris Associates,
Engineer Consultants, PLLC, Engineer to the Town, for the aforementioned work; and
WHEREAS, advertisements for bids were duly published and the following bids were received:
Comaanv Total
Sun -Up Enterprises, Inc. $809,129.00
Arold Construction Co., Inc. $875,190.00
Standard Construction, Corp. $946,000.00
WHEREAS, by letter dated August 2, 2011, Morris Associates Engineering Consultants, PLLC,
Engineers to the Town, has reported that the lowest responsible bidder is Sun -Up Enterprises, Inc., in the
amount of $809,129.00.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town of Wappinger hereby awards the bid for the demolition and replacement of the
Cider Mill Loop Water Tank in the amount of $809,129.00, as recommended by Morris
Associates Engineering Consultants, PLLC, Engineer to the Town, by letter dated August
2, 2011, to the Town Board.
3. The Town Board hereby authorizes the Deputy Supervisor to execute the contract
documents as prepared by Morris Associates Engineering Consultants, PLLC, to issue the
Notice of Award and Notice to Proceed to Sun -Up Enterprises, Inc., after the Attorney to
the Town has confirmed that Sun -Up Enterprises, Inc., has signed the contract documents
and has supplied the necessary documents as required by the bid specifications, including
but not limited to the required Performance Bond, Payment Bond, and proofs of required
insurance coverages.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2011-281
® Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
William Beale
Voter
a
❑
❑
0
❑ Defeated
Vincent Bettina
Voter
lZ
❑
❑
11
❑ Tabled
Ismay Czarniecki
Initiator
2
p
p
❑
❑ Withdrawn
Joseph Paoloni
Seconder
21
❑
❑
0
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution is hereby duly declared adopted.
RESOLUTION: 2011-285
Resolution Adopting Local Law No. 19 of 2011 Amending the Town Code Regarding
Handicap Facilities
WHEREAS, the Town Board of the Town of Wappinger has determined that the
Town Code should be amended so as to allow handicap ramps in required yards and to
waive application review fees for the approval and/or installation of handicap facilities (the
"Proposed Action"); and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
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1
Rauidnr MPPting
Minutes
August 8, 2011
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action; and
WHEREAS, the proposed Local Law has been on the desks of the members of the
Town Board for at least seven (7) days, exclusive of Sunday, prior to the adoption of this
resolution.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
The Town Board hereby adopts and incorporates the recitations and
statements set forth above as if fully set forth and resolved herein.
Pursuant to the State Environmental Quality Review regulations, the Town
Board hereby adopts a Negative Declaration, attached hereto, on the
grounds that the Proposed Action will not result in any significant adverse
environmental impacts.
The Town Board of the Town of Wappinger hereby adopts proposed Local
Law No. 19 of 2011; except as specifically modified by the amendments
contained therein, the Town Code, as originally adopted and amended from
time to time thereafter is to remain in full force and effect.
2.
3.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2011-285
6
0 Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑ Defeated
Vincent Bettina
Initiator
0
❑
❑
❑
❑ Tabled
Ismay Czamiecki
seconder
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution is hereby duly declared adopted.
RESOLUTION: 2011-286
Resolution Granting Woodhill Green Condominium Homeowners Association Use of
Meeting Room
WHEREAS, The Woodhill Green Condominium Homeowner's Association has
requested use of the Main Meeting Room on Wednesday, August 10th, at 6:30pm; and
WHEREAS, an application has been duly filed with the Town Clerk and a fee of $100
has been remitted.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the
Woodhill Green Condominium Homeowner's Association to use the Meeting Room at the
requested date and time.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2011-2
6
0 Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
0
❑
❑
❑
❑ Tabled
Ismay Czarniecki
Initiator
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Seconder
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 08, 2011
Town of Wappinger
The Resolution is hereby duly declared adopted.
Page 7
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Regular Meeting Minutes August 8, 2011
RESOLUTION: 2011-287
Resolution Approving Fund Transfer for the Purpose of Dutchess County Election
Expenses
NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger Town Board
authorizes the transfer of $3,193.00 from A1930.0400 (Judgments and Claims) to A1450.0400
(Elections) for the purpose of remitting payment of $56,193 to the Dutchess County
Commissioner of Finance for shared election costs.
The foregoing was put to a vote which resulted as follows:
"Vote Record -Resolution RES -2011-287
El Adopted
❑
Yes/Aye
No/Nay
Abstain
Absent
Adopted as Amended
William Beale
Voter
p
❑
p
❑
❑ Defeated
Vincent Bettina
Initiator
®
❑
❑
p
❑ Tabled
Ismay Czarniecki
Seconder
p
❑
0
0
❑ Withdrawn
Joseph Paoloni
Voter
a
❑
0
0
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution is hereby duly declared adopted.
RESOLUTION: 2011-288
Resolution Authorizing Increase of Salary of Deputy Supervisor
WHEREAS, Christopher J. Colsey, having been a duly elected Supervisor of the Town
of Wappinger; and
WHEREAS, by written resignation, Christopher J. Colsey, resigned as Supervisor of the
Town of Wappinger, effective July 31, 2011, at 11:59 p.m.; and
WHEREAS, pursuant to §42 of the Town Law of the State of New York, William Beale,
a Town Council Member, had been previously duly appointed to Deputy Supervisor of the Town
of Wappinger by said Christopher J. Colsey; and
WHEREAS, said William Beale, in his capacity of Deputy Supervisor, has agreed to
devote as much time as is necessary to fulfill the duties of Supervisor of the Town Board,
pending the Town Board's appointment of a Supervisor to fulfill the unexpired term of
Christopher J. Colsey; and
WHEREAS, the Town Board acknowledges that the present salary of the Deputy
Supervisor is inadequate to compensate him for the additional time, energy and duties he will
assume pending the appointment of a new Supervisor to fill the unexpired term of the said
Christopher J. Colsey.
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. Pursuant to the authority vested in the Town Board, pursuant to Town Law §42,
the Town Board hereby agrees to increase the salary of the Deputy Supervisor to
the same salary as established for the Supervisor, as budgeted for calendar year
2011, less the Deputy Supervisor's regular salary as Town Council Member and
his regular stipend as Deputy Supervisor, pro -rated daily for a five (5) day work
week, said increase to continue to the date and time that the Town Board appoints
a successor Supervisor to fulfill the unexpired term of Christopher J. Colsey, or,
until August 15th, 2011, whichever date occurs first.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2011-288
0 Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
William Beale
Voter
❑
0
p
0
❑ Defeated
Vincent Bettina
Initiator
10
❑
El
p
❑ Tabled
Ismay Czamiecki
Seconder
0
0
❑
0
❑ Withdrawn
Joseph Paoloni
Voter
El
❑
❑
0
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution is hereby duly declared adopted.
t own oj wapptnger Page 8 Printed 8/10/2011
Regular Meeting Minutes August 8, 2011
RESOLUTION: 2011-289
Resolution to Fill Vacancy in the Office of Town Supervisor
WHEREAS, a vacancy exists in the Office of the Supervisor of the Town of Wappinger,
Dutchess County, New York, by virtue of the resignation of Christopher J. Colsey, who resigned
as Supervisor effective July 31, 2011, at 11:59 p.m.; and
WHEREAS, pursuant to Town Law § 64(5), the Town Board, or the majority Members
thereof, are authorized to fill such vacancy for the remainder of the unexpired term of the
Supervisor.
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. Pursuant to the authority vested in the Town Board, pursuant to Town Law
§64(5), Barbara Gutzler of and residing at 5 Russett Lane, a duly qualified
resident of the Town of Wappinger, is hereby appointed to fill the vacancy
existing in the Office of the Supervisor of the Town of Wappinger. This
appointment is effective August 15, 2011, and the said Barbara Gutzler shall hold
office until December 31, 2011.
3. Those Council Members voting in favor of such appointment shall hereby execute
the Certification of Appointment in the form attached hereto.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2011-289
Yes/Aye
No/Nay
Abstain
Absent
0 Adopted
❑ Adopted as Amended
William Beale
Voter
El
❑
❑
❑
❑
❑ Defeated
Vincent Bettina
Seconder
a
❑
❑
❑
❑ Tabled
Ismay Czamiecki
Initiator
❑
❑
❑ Withdrawn
Joseph Paoloni
Voter
❑
RI
❑
❑
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution is hereby duly declared adopted.
VIII. Items for Special Consideration
Motion To: add a Resolution for a Town Hall sign to the Agenda by unanimous consent
RESULT: DEFEATED [3 TO 11
MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: William Beale, Vincent Bettina, Ismay Czarniecki
NAYS: Joseph Paoloni
IX. New Business
Mary Schmalz Update on the Hudson River Valley Ramble
Mary Schmalz gave the Town Board an update on the 12" Annual Hudson Valley River
Ramble.
Deputy Supervisor Beale New Business
Councilman Beale noted that the Town received a $5,000 grant from the NYS DOS for
security cameras. He would like this to be explored, as there is a need for security cameras at
some of the parks. Councilman Paoloni added that cameras are needed at the Recycle Center as
well.
Councilman Beale then noted that the Town also received a grant for $20,000 for the
Town Court. The Town Court is going to be doing security upgrades over the next few
weekends. Those upgrades could be discussed under Executive Session.
Councilman Beale then discussed a memo received from the Recreation Director about
fees for the use of a field at Robinson Lane. That item will be put on a future Agenda.
Councilman Beale then noted that he visited the Rail Trail recently. He went on to say
that the Diddell Road trailhead is incredible. He went on to discuss the Town's obligations
Town of Wappinger Page 9 rrtntea aii uuuf i
Regular Meeting Minutes August 8, 2011
pertaining to the upkeep of the parking lot and the Town's portion of the Rail Trail. Councilman
Beale asked if they were going to have problems with determining if the upkeep is going to be
taken care of by Highway or Maintenance. Councilman Beale answered that he feels it would be
a Buildings & Grounds responsibility. He has spoken to the Buildings and Grounds Supervisor,
Steve Frazier.
X. Executive Session
Motion To: go into Executive Session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: William Beale, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni
............................. - .
A. Legal Advice on Engineering and Sewer Issue - Beale
B. Legal Advice on Personnel Oversight - Roberts
Motion To: come out of Executive Session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: William Beale, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni
XI. Town Board Review of Vouchers
RESOLUTION: 2011-290
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board
The following claims have been duly audited and allowed by the Town Board of the Town of
Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each
claimant the amount allowed upon his claim as hereinafter set forth:
Claim Packet: 2011 - MM
Vendor
A
B
DB
CBG
SH
(General
(General
(Highway)
(Challenger
(Watch Hill)
Townwide)
PartTown)
Field)
CAMO Pollution
$25.00
CAMO Pollution
$25.00
Central Hudson
$71.10
Central Hudson
$3,129.68
Central Hudson
$32.83
Central Hudson
$457.17
Central Hudson
$40.82
Central Hudson
$38.17
DC Div of Aging Sery
$937.50
FedEx
$283.22
Signal Graphics
$388.53
Town of Fishkill
Town of Fishkill
$4,743.29
Zep Sales & Services .
$1,134.94
EMS Associates
$127.50
Anaconda Sports
$119.00
Conklin Services
$55.00
HO Penn Machinery
$510.75
Town ofWappinger Page 10 Printed 8/10/2011
Regular Meeting Minutes August 8, 2011
I � i
0
First Unum Life
$253.25
$50.65
Pine Plains Tractor
$52.96
CAMO Pollution
Brady's Power Equip
Frederick Clark
CAMO Pollution
$7,396.00
Frederick Clark
Frederick Clark
Mark Price
$109.98
$10.52
Arkel Motors
Global Translation
$140.00
Momma's Towing Sery
DC Town Clerk Assoc
$25.00
Dutchess Metal Supply
$515.00
Central Hudson
Village of Fishkill
Hillman Signs
$225.00
Justice Court Fund
$28,637.50
Tilcon
$59.49
Tilcon
FedEx
Barry Petrillo
$800.00
Staples
$30.56
Telvent
S & S Worldwide
$2,045.98
S & S Worldwide
$2,897'07
$1,638.24
Standard Glass
$250.00
Donald Magill
$20.00
Loretta Brunello
$585.85
Dick's Sporting Goods
$99.95
Diamond Snake Excav
$450.00
Johnny Dell
$800.00
Big Top Portable
$78.50
Toilets
Don Kortright
Clark Patterson Lee
Clark Patterson Lee
$187.50
Clark Patterson Lee
Clark Patterson Lee
Sam's Club
$19.81
George Schwartz
$50.00
Pina Perrone
$55.00
Bhupinder Kaur
$55.00
Christine Maurer
$30.00
Totals
$38,565.84
$11,836.42
$162.08
$183.68
$85.00
$1,499.64
$591.00
$4,355.85
$745.00
$745.00 1$4,743.29
Vendor
T96
(Escrow)
T92
(Escrow)
WF
(Fleetwood)
WH
(Watch Hill)
CAMO Pollution
CAMO Pollution
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
DC Div of Aging Sery
FedEx
Signal Graphics
Town of Fishkill
$2,897'07
Town of Wappinger Page 11 Printed 8/1012011
Regular Meeting Minutes August 8, 2011
Town of Fishkill
Zep Sales & Services
EMS Associates
Anaconda Sports
Conklin Services
HO Penn Machinery
First Unum Life
Pine Plains Tractor
Brady's Power Equip
Frederick Clark
Frederick Clark
Frederick Clark
Mark Price
Arkel Motors
Global Translation
Momma's Towing Sery
DC Town Clerk Assoc
Dutchess Metal Supply
Village of Fishkill
Hillman Signs
Justice Court Fund
Tilcon
Tilcon
Barry Petrillo
Staples
Telvent
S & S Worldwide
S & S Worldwide
Standard Glass
Donald Magill
Loretta Brunello
Dick's Sporting Goods
Diamond Snake Excav
Johnny Dell
Big Top Portable
Toilets
Don Kortright
Clark Patterson Lee
Clark Patterson Lee
Clark Patterson Lee
lark Patterson Lee
Sam's Club
3eorge Schwartz
Bina Perrone
3hupinder Kaur
'hristine Maurer
$990.00
$10,124.50
$3,974.70
$1,187.50
$250.00
$7,264.45
Totals $990.00 $15,536.70 $7,264.45 $2,897.07
I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers
listed above were audited by a majority of the Town Board at the public meeting of August 8,
2011, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is
hereby authorized to submit such claims to the Accounting Department for payment.
Town of Wappinger Page 12 Printed 8/10/2011
Regular Meeting
Minutes August 8, 2011
The foregoing was put to a vote which resulted as follows:
Vote Record -Resolution RES -2011-290
$152.64
yes/Aye
No/Nay
Abstain
Absent
El Adopted _
❑ Adopted as Amended William Beale
Voter
El
❑
❑
❑
❑
❑
❑ Defeated Vincent Bettina
Seconder
❑
❑
❑
❑ Tabled Ismay Czamiecki
Initiator
❑ -
❑
❑ Withdrawn Joseph Paoloni
Voter
Bottini Fuel
$5,920.33
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution is hereby duly declared adopted.
RESOLUTION: 2011-291
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board
The following claims have been duly audited and allowed by the Town Board of the Town of
Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each
claimant the amount allowed upon his claim as hereinafter set forth:
Claim Packet: 2011 - NN
Vendor
A B
(General (General
Townwide) PartTown)
DB HNC LC
(Highway) (Cider
Mill
Loop)
Central Hudson
$152.64
Central Hudson
Central Hudson
$430.82
Poughkeepsie Journaj$65.27
$34.99
Home Depot
$83.08
Home Depot
$6.94
Home Depot
$14.56
Williamson Law Book
$279.81
Williamson Law Book
Bottini Fuel
$5,920.33
George Silvestri
$247.95
Philip Ortiz
$100.00
American Red Cross
$250.00
Pine Plains Tractor
$65.99
Bostwick Sales
$15.00
Enviro Clean
$850.00
Hud Vly NYSBOC
$25.00
Tilcon
$2,847.51
Staples
Wells Fargo
$168.97
Community Energy
John Masterson
$65.63
WB Mason
$14.95
Michael Krisko
$106.78
All State
Morris Associates
$2,465.00
$9,345.60 $754.00
Morris Associates
$1,132.50
Morris Associates
Morris Associates
Morris Associates
Drake, Loeb,Hellner
$108.30
Wilson Oil
$4,665.61
$4,005.00
$1.71
Town of Wappinger
Page 13 Printed 811012011
Regular Meeting Minutes
August 8, 2011
Hannafords $25.65
Paetec $764.20 $167.12
Sam's Club $97.84
Continental Screen $660.00
Print
Totals $7,567.15 $9,822.71 $14,542.18 $4,005.00 $1.71
Vendor LD
LH SU T14
T92
(United (All State)
Central Hudson
Sewer)
Central Hudson
(Parkland
Trst)
Central Hudson
(Escrow)
Poughkeepsie Journal
Home Depot
Home Depot
Home Depot
Central Hudson
Williamson Law Book
Williamson Law Book
Bottini Fuel
George Silvestri
Philip Ortiz
American Red Cross
Pine Plains Tractor
Bostwick Sales
Enviro Clean
Hud Vly NYSBOC
Tilcon
Staples
$23.88
Wells Fargo
Community Energy $42.45
$125.62
John Masterson
WB Mason
Michael Krisko
All State
$809.28
Morris Associates
$276.00
Morris Associates
$745.00
Morris Associates
Morris Associates
Morris Associates
Drake, Loeb,Hellner
Wilson Oil
Hannafords
Paetec
Sam's Club
Continental Screen
Print
Totals $42.45 $125.62
$1,044.88 $809.28
Vendor
T33
T92
T96
WU
Central Hudson
(Parkland
Trst)
(Escrow)
(Escrow)
(Wapp
United)
Central Hudson
Central Hudson
Town of Wappinger
Page 14 Printed 8/10/2011
Regular Meeting
Minutes August 8, 2011
'oughkeepsie Journal
-tome Depot
tome Depot
-tome Depot
Nilliamson Law Book
"illiamson Law Book
Bottini Fuel
George Silvestri
Philip Ortiz
American Red Cross
Pine Plains Tractor
Bostwick Sales
Enviro Clean
Hud My NYSBOC
Tilcon
Staples
Wells Fargo
Community Energy
John Masterson
WB Mason
Michael Krisko
All State
Morris Associates
Morris Associates
Morris Associates
Morris Associates
Morris Associates
Drake, Loeb,Hellner
Wilson Oil
Hannafords
Paetec
Sam's Club
Continental Screen
Print
Totals
$196.00
$2,937.60
$6,224.70
$345.00
$325.60
$2,310.16
$703.80
$19.6.00 $12,143.06 $703.80
$422.26
$23.88
$2,320.00
$2,766.14
I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers
listed above were audited by a majority of the Town Board at the public meeting of August 8,
2011, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is
hereby authorized to submit such claims to the Accounting Department for payment.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2011-291
Yes/Aye
No/Nay
Abstain
Absent
8 Adopted
❑ Adopted as Amended William Beale Voter
0
❑
❑
❑
❑
❑
El❑
❑ Defeated Vincent Bettina Seconder
El
0
0 0-
❑
❑ Tabled Ismay Czarniecki Initiator
0
❑
❑
❑ Withdrawn Joseph Paoloni Voter
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution is hereby duly declared adopted.
Town of Wappinger
Page 15 Printed 811012011
Regular Meeting Minutes
August 8, 2011
RESOLUTION: 2011-292
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board
The following claims have been duly audited and allowed by the Town Board of the Town of
Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each
claimant the amount allowed upon his claim as hereinafter set forth:
Claim Packet: 2011 - 00
CAMO Pollution
CAMO Pollution
Montfort Brothers
GC Bostwick Sales
Chemung Supply
Williams Lumber
Mid Hudson
NYSBOC
Staples
Staples
Staples
Staples
Dell
Municipal Energy
Sery
Wells Fargo
Gellert & Klein
Gellert & Klein
Gellert & Klein
Gellert & Klein
John Masterson
Big Top Portable
Toilets
Jillian Montross
Darrell Flynn
A n$22,479.00
(General
Townwide)
$36.00
$24.58
$25.00
$106.12
$97.89
$25.91
$37.82
$670.40
$53.56
$435.00
$677.73
$346.50
$1,749.00
$180.00
$58.50
$907.50
$202.47
$149.43
$1,962.13
Vendor
WF
WH
WT
WU
(Fleetwood)
(Watch
(Tall
(Wapp
Hill)
Trees)
United)
CAMO Pollution
CAMO Pollution
CAMO Pollution
$2,200.00
$1,516.67
$2,875.00
$65,840.41
Montfort Brothers
GC Bostwick Sales
Chemung Supply
Williams Lumber
Mid Hudson
NYSBOC
Staples
Staples
Staples
Staples
Dell
Municipal Energy
Sery
Wells Fargo
Gellert & Klein
Gellert & Klein
Gellert & Klein
Gellert & Klein
John Masterson
Big Top Portable
Toilets
Jillian Montross
Darrell Flynn
Totals
$2,200.00
$1,516.67
$2,875.00
$65,840.41
SF SM SW SU
(Fleetwood) (Mid (Wildwood) (United
Point) Sewer)
$8,008.33 I $9,583.33 I $13,091.67
1.67
I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers
listed above were audited by the Town Board at the public meeting of August 8, 2011, and
allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby
$54,833.33
Town of Wappinger Page 16
Printed 8/10/2011
T92
(Es )
$66.00
R11
Regular Meeting
Minutes August 8, 2011
authorized to submit such claims to the Accounting Department for payment.
The foregoing was put to a vote which resulted as follows:
Record - Resolution RES -2011-292
Yes/Aye
No/Nay
Abstain
Absent
VoterAdopted as Amended William Beale
SeconderDefeated
IRIAdopted
Vincent Bettina
InitiatorTabled Ismay Czarniecki
Withdrawn Jose h Paoloni Voter
Dated: Wappingers Falls, New York
August 08, 2011
The Resolution
is hereby duly
declared
adopted.
XII. Adjournment
0
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Joseph Paoloni, Councilman
Vincent Bettina, Councilman
William Beale, Vincent Bettina, Ismay Czarniecki, Joseph Paoloni
The meeting adjourned at 9:20 PM.
4ohn C. Masterson
Town Clerk
Town of Wappinger
Page 17 Printed 8/1012011