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2011-11-28 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Agenda — Christine Fulton 845-297-5771 Monday, November 28, 2011 7:30 PM Town Hall I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Minutes Approval Monday, October 24, 2011 Wednesday, November 02, 2011 Wednesday, November 09, 2011 V. Correspondence Log 2011-360. Resolution Authorizing the Acceptance of the Correspondence Log VI. Discussions A. Wildwood Manor - Czarniecki VII. Public Portion VIII. Resolutions 2011-361. Resolution Authorizing Justice Court Assistance Program 2011-362. Resolution Appointing Full Time Employee to the Buildings and Grounds Department 2011-363. Resolution Adopting Certificate of Base Percentages, Current Percentages, Current Base Proportions and Certificate of Adjusted Base Proportions from the New York State Office of Real Property Services 2011-364. Confirmatory Resolution for Cider Mill Loop Water Storage Tank Demolition and Replacement Project 2011-365. Resolution Accepting Performance Bond Secured by Cash Deposit in Connection with Adams Fairacre Farms Site Plan 2011-369. Resolution Introducing Local Law _Of 2012 Which Would Amend the Town's Zoning Map for the Purpose of Rezoning Property to the Neighborhood Business (NB) Zoning District IX. Items for Special Consideration X. New Business XI. Executive Session XII. Town Board Review of Vouchers 2011-366. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-367. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-368. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIII. Adjournment Town of Wappinger Page 1 Printed 1112312011 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ^' Minutes — Christine Fulton 845-297-5771 Monday, November 28, 2011 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present 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 Absent Graham Foster Town of Wappinger Highway Superintendent Present Al Roberts Town of Wappinger Town Attorney Present Bob Grey Town of Wappinger Town Engineer Present David Stolman Town of Wappinger Town Planner Present II. Salute to the Flag III. Adoption of Agenda IV. V. Motion To: adopt the agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Paoloni Minutes Approval Monday, October 24, 2011 ✓ Vote Record - Acceptance of Minutes for October 24,20117:30 PM Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter a ❑ ❑ ❑ 0 Accepted William Beale Voter 0 ❑ ❑ ❑ El Accepted as Amended Vincent Bettina Seconder RI ❑ ❑ ❑ 1-1 Tabled Ismay Czarniecki Initiator D ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ D Wednesday, November 02, 2011 ✓ Vote Record - Acceptance of Minutes for November 2, 20116;30 PM Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter RI ❑ ❑ ❑ Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator D ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ D Wednesday, November 09, 2011 ✓ Vote Record - Acceptance of Minutes for November 9,20116:30 PM Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter 8 ❑ ❑ ❑ D Accepted William Beale Voter ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 8 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Correspondence Log RESOLUTION: 2011-360 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 Town of Wappinger Page I Printed 12/6/2011 Regular Meeting Minutes November 28, 2011 VI. Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-360 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman 0 Adopted - _Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Voter 0 ❑ ❑ 0 ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ 0 Dated: Wappingers Falls, New York November 28, 2011 The Resolution is hereby duly declared adopted. Discussions A. Wildwood Manor - Czarnecki Councilwoman Czarniecki stated that Wildwood Manor applied to use the main meeting room on December 7, 2011. The board had no objections. VII. Public Portion Motion To: open the floor to the public There were no comments RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Motion To: close the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni VIII. Resolutions RESOLUTION: 2011-361 Resolution Authorizing Justice Court Assistance Program WHEREAS The Town of Wappinger Justice Court is eligible for a grant from the State Of New York Unified Court System through the Justice Court Assistance Program, and WHEREAS Town of Wappinger Justices Carl S. Wolfson and Heather L. Kitchen, and the Town of Wappinger Justice Court Chief Clerk, Cheryl Hait, have recommended an application for such a grant be made, and WHEREAS Justice Heather L. Kitchen and Chief Clerk Cheryl Hait have prepared an application to the Justice Court Assistance Program Grant in the form attached 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 authorizes application to be made on behalf of the Town of Wappinger Justice Court pursuant to the Justice Court Assistance Program for a grant to cover the costs of purchasing 6 Dell Optiplex Computers with battery back up units and printer, Teller style reception window, and photocopier. 3. The Town Board authorizes said application to be signed by Supervisor Barbara Gutzler as well as Town Justice Heather L Kitchen, and further authorizes and ratifies the actions of Supervisor Barbara Gutzler, who signed the certification Town of Wappinger Page 2 Printed 121612011 RPai lnr Meeting Minutes November 28, 2011 attached to the application dated November 15th, 2011. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-361 Yes/Aye Yes/Aye No/Nay Abstain Absent El Adopted Barbara Gutzler Voter ❑ ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator ❑ ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York November 28, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-362 Resolution Appointing Full Time Employee to the Buildings and Grounds Department WHEREAS, by Resolution 2011-63, adopted by the Town Board on February 14, 2011, John Sullivan was hired as a seasonal employee in the Town of Wappinger Buildings and Grounds Department; and WHEREAS, the Town of Wappinger Buildings and Grounds Department currently has a vacancy in their department for a full time laborer; and WHEREAS, Steve Frazier, Supervisor of Buildings and Grounds, by memo dated September 20, 2011 to Barbara Gutzler, Town Supervisor has made a request to appoint John Sullivan as a full time laborer to fill the current vacancy in the Buildings and Grounds Department. 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 appoints John Sullivan as a full time laborer in the lr.. Buildings and Grounds Department at an hourly rate of $11.88, with benefits as offered by the Town, with his hourly work week set at 35 hours per week, effective immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-362 Yes/Aye No/Nay Abstain Absent D Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator RI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter a ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder a ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York November 28, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-363 Resolution Adopting Certificate of Base Percentages, Current Percentages, Current Base .. Proportions and Certificate of Adjusted Base Proportions from the New York State Office of Real Property Services WHEREAS, the Town has received a Certificate of Base Percentages, Current Percentages, Current Base Proportions and Certificate of Adjusted Base Proportions for the Assessment Roll from the New York State Office of Real Property Services, dated October 11, 2011; and WHEREAS, the Town CAP Assessor has attested to the accuracy of the Certificate of Base Percentages, Current Percentages and Current Base Proportions for the Assessment Roll from the New York State Office of Real Property Services, dated October 11, 2011. NOW, THEREFORE, BE IT RESOLVED, as follows: Town of Wappinger Page 3 Printed 121612011 Regular Meeting Minutes November 28, 2011 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby accepts and adopts the Certificate of Base Percentages, Current Percentages and Current Base Proportions for the Assessment Roll from the New York State Office of Real Property Services, dated October 11, 2011, a copy of which has been provided to the Town Board in support of this Resolution. 3. Christine Fulton, Town Clerk, is hereby authorized to certify on behalf of the Town the Certificate of Adjusted Base Proportions for the 2011 Assessment Roll. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-363 0 Adopted Yes/Aye No/Nay Abstain Absent 11 Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ Tabled Vincent Bettina Seconder El ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ p Joseph Paoloni Voter ❑ ❑ ❑ p Dated: Wappingers Falls, New York November 28, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-364 Confirmatory Resolution for Cider Mill Loop Water Storage Tank Demolition and Replacement Project WHEREAS, pursuant to Public Interest Resolution dated October 23, 2000, the Town Board caused the formation of the Wappinger Water Improvement Area 1999-2(R) (hereinafter "99-2(R)")which authorized, among other things, a number of water system improvements to the Town's central water system; and WHEREAS, among the improvements authorized by 99-2(R) was the construction of a new 600,000 gallon glass lined tank, and the refurbishing of an existing 1,000,000 gallon steel tank; and WHEREAS, repairs were made to the existing 1,000,000 gallon steel water tank in or about calendar year 2001; and WHEREAS, commencing in calendar year 2009, Michael Tremper of Camo Pollution Control, the Town's Water System Manager, and Robert J. Gray, Engineer to the Town, advised the Town that additional repairs and rehabilitative work were needed to the 1,000,000 gallon steel water tank; and WHEREAS, based on reports submitted by Robert J. Gray, Engineer to the Town, it was determined that the cost of repairs and rehabilitative work to the 1,000,000 gallon steel water tank would almost equal the cost of a new 1,100,000 gallon glass lined water tank; and WHEREAS, by Resolution 2009-213, adopted by the Town Board on June 8, 2009, the Town Board authorized the solicitation of bids for the demolition and replacement of the 1,000,000 gallon steel water tank with a new 1,100,000 gallon glass lined water tank; WHEREAS, by Resolution 2011-281, adopted by the Town Board on August 8, 2011, the Town Board awarded the bid to Sun Up Enterprises, Inc. in the amount of $809,129.00; and WHEREAS, by Resolution 2011-352, adopted by the Town Board on November 14, 2011, the Town Board authorized Change Order No. 1 which increased the contract amount by $11,135.00 resulting in a revised contract amount of $820,264.00; and WHEREAS, the Accountant to the Town has confirmed that there were sufficient unexpended funds from the 99-2(R) bond authorization to pay for the cost of the demolition and replacement of the 1,000,000 gallon steel water tank with a new 1,100,000 gallon glass lined water tank. 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 confirms that the cost of the contract for the demolition and replacement of the 1,000,000 gallon steel water tank with a new 1,100,000 gallon glass lined water tank is to be paid from the existing funds left over from the 99-2(R) project which was authorized by the Town Board by Public Interest Resolution dated October 23, 2000. Town of Wappinger Page 4 Printed 12/612011 ■ Regular Meetine Minutes November 28, 2011 3. The Town Accountant has advised that the unexpended funds from the 99-2(R) project are contained in the following accounts and the Town Board hereby authorizes that all costs for the demolition and replacement of the 1,000,000 gallon steel water tank with a new 1,100,000 gallon glass lined water tank be paid and appropriated from them as follows: 99-2(R) HN - in the approximate amount of $580,000.00 99-2(R) HNC - in the approximate amount of $290,000.00. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-364 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 C1 ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York November 28, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-365 Resolution Accepting Performance Bond Secured by Cash Deposit in Connection with Adams Fairacre Farms Site Plan WHEREAS, Adams-Wappinger, LLC had made application to the Town of Wappinger Planning Board for Amended Site Development Plan and Wetlands Permit Approvals for the construction of a 71,754 square foot facility, including a grocery store and garden center, warehouse, tropical green house, poly house, shade house, outdoor nursery and offices; and WHEREAS, on October 19, 2009, the Town of Wappinger Planning Board adopted the First Resolution of Amended Site Development Plan and Wetlands Permit Approvals for this project; and WHEREAS, on March 21, 2011, the Town of Wappinger Planning Board adopted the Second Resolution of Amended Site Development Plan and Wetlands Permit Approvals for this project; and WHEREAS, on June 3, 2011, a Building Permit, Permit No.: 2011-0396, was issued for the construction of this project; and WHEREAS, after the Second Resolution of Amended Site Plan Approval was adopted by the Planning Board, the applicant proposed various changes to the approved Amended Site Plan; and WHEREAS, on September 19, 2011, the Town of Wappinger Planning Board adopted the Third Amended Site Development Plan and Wetlands Permit Approvals for this project; and WHEREAS, Barbara Roberti, Zoning Administrator, by letter dated October 26, 2011, certified compliance of site plan approval except for various landscaping and cosmetic features that were not deemed essential to the functioning of the site; and WHEREAS, the issuance of a Certificate of Occupancy was authorized subject to the execution of a Performance Bond secured by an amount determined by the Engineer for the Town to guarantee that all the obligations set forth in the various Resolutions of Approval will be completed in a timely manner; and WHEREAS, by letter dated October 27, 2011, Greg W. Bolner, P.E. of Clark Lee Patterson, the Town's engineer for this project, determined that the amount of $71,000.00 was a sufficient amount to guarantee the completion of all of the items identified in the Zoning Administrator's report of October 26, 2011; and WHEREAS, to secure the obligation to guarantee the completion of the various landscaping and decorative items that remain incomplete, Adams-Wappinger, LLC, has executed a Performance Bond dated October 28, 2011 secured by a Cash Deposit in the amount of Seventy -One Thousand Dollars ($71,000.00) posted with the Town of Wappinger as security to guarantee the completion of the items identified in the Zoning Administrator's report of October 26, 2011; and WHEREAS, Adams-Wappinger, LLC hereby agrees to complete all of the required landscaping and decorative items as outlined in the Zoning Administrator's certification dated October 26, 2011 and agrees to complete all of the obligations set forth in the Resolutions of Approval no later than July 28, 2012, unless Adams-Wappinger, LLC obtains permission from Town of Wappinger Page 5 Printed 12/6/2011 Regular Meeting Minutes NnvPmhar ?R ')nl 1 the Town of Wappinger Planning Board that completion of such items is not necessary; and WHEREAS, Adams-Wappinger, LLC covenants and warrants to the Town of Wappinger that in the event Adams-Wappinger, LLC fails to fully perform and complete all of said items, then, upon the demand of the Town of Wappinger, the Town of Wappinger shall have the right to draw upon said deposit in an amount equal to the cost necessary to complete the said incomplete items; and WHEREAS, it is understood that the Town of Wappinger shall have the right to use said security toward the completion of any items certified in the aforementioned Zoning Administrator's Certification and the Engineer's Estimate (as determined in the sole judgment of the Zoning Administrator) upon the default of Adams-Wappinger, LLC to remedy the same after the first given written notice to Adams-Wappinger, LLC to do so within thirty (30) days of receipt of said notice from the Town of Wappinger; and WHEREAS, the Performance Bond executed by Adams-Wappinger, LLC further binds its heirs, executors, administrators, successors or assigns for the faithful performance of its obligations hereunder. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the Performance Bond executed by Adams-Wappinger, LLC and secured by a Cash Deposit in the sum of Seventy - One Thousand Dollars ($71,000.00), securing the obligations to guarantee the completion of the incomplete items identified in the Zoning Administrator's report of October 26, 2011, is acceptable and sufficient to guarantee the completion of said work no later than July 28, 2012. 3. The Town Board hereby accepts the Performance Bond dated October 28, 2011, executed by Adams-Wappinger, LLC, secured by a Cash Deposit in the total sum of Seventy -One Thousand Dollars ($71,000.00), posted with the Town of Wappinger as security for the faithful performance of the completion of the obligations secured by and set forth in the Performance Bond and Resolutions of Approval and as identified in the Zoning Administrator's report dated October 26, 2011, with the understanding that said items will be completed no later than July 28, 2012, or, in the alternative, Adams-Wappinger, LLC obtains permission from the Town of Wappinger Planning Board that completion of the items is not necessary. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-365 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 0 0 0 ❑ Defeated William Beale Voter 0 0 0 0 ❑ Tabled Vincent Bettina Initiator 0 0 ❑ 0 ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ Joseph Paoloni Voter ❑ ❑ 0 0 Dated: Wappingers Falls, New York November 28, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-369 Resolution Introducing Local Law _Of 2012 Which Would Amend the Town's Zoning Map for the Purpose of Rezoning Property to the Neighborhood Business (NB) Zoning District WHEREAS, the Town Board is considering the adoption of Local Law _ of 2012 which would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning property to the Neighborhood Business (NB) zoning districts; and WHEREAS, the property to be rezoned is part of Tax Parcel 6158-04-951382, which is located to the rear of the Villa Borghese parcel on Widmer Road (the "Subject Property"); and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the rezoning of the Subject Property, site development plan approval for the improvement of the Subject Property as an additional parking area for Villa Borghese, and a lot line realignment to add the Subject Property to the Villa Borghese parcel; and WHEREAS, the Proposed Action is a Type I action under the Wappinger Environmental Quality Review (WEQR) law and the Town of Wappinger Planning Board has declared its intent to Town of Wappinger Page 6 Printed 121612011 Regular Meeting Minutes November 28, 2011 become the Lead Agency for the Proposed Action in accordance with SEQRA; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law —of 2012 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law _ of 2012 for 7:30 PM on the 9th day of January, 2012 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and c. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-369 Yes/Aye No/Nay Abstain Absent RI p Adopted - Barbara Gutzler Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder EI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator fa ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York November 28, 2011 The Resolution is hereby duly declared adopted. IX. Items for Special Consideration X. New Business A. Councilwoman Czarniecki Councilwoman Czarniecki asked for an update on the sign for the Town Hall. Councilman Beale stated that he was waiting for an email from Sign Language and as soon as he received one he would let Councilwoman Czarniecki know. Councilman Bettina question why it was taking so long. Councilman Beale added that it had to be artistically created and that there is no extra cost. He also stated that he would like to continue to be the point of contact. B. Supervisor Gutzler Supervisor Gutzler explained that the salt that was ordered through the Highway department contained large rocks. Graham Foster, Highway Superintendent, explained that he ordered salt and in his first shipment there were large rocks. He stopped the shipment, took pictures and had it analyzed. He has to use the state contract and commit to buy from them by April 1St every year. He added that the state contract allows 5% of rock. By raising the issue of too large rocks in the salt with the vender, they have rescreened the salt and now the rocks should be less than half inch. While they spread salt this year, if they hit cars or windshields there's going to be damage. He added that the Office of General Services (OGS) stated that this is what everyone in the state will be spreading on the roads and there is nothing that can be done about it. He wanted Town of Wappinger Page 7 Printed 12/6/2011 Regular Meeting Minutes November 28, 2011 to make the board aware of the situation. Councilman Bettina questioned if Mr. Foster consulted with the association of Highway Superintendents. Mr. Foster stated that Dutchess County D.P.W. had a snow and Ice meeting with all the Highway Superintendents in Dutchess County and everyone is aware of the situation. He added that if they change the contract next year it could be different, but this year that is what they are getting. Councilwomen Czarniecki was concerned with it being on the roads and picking it up in the spring. Mr. Foster suggested that as a board they may want to contact OGS to ask them to review the specs. for 2013 and tighten up their specs. Councilman Bettina agreed and would like the Supervisor to memorialize the letter. Discussion continued. C. Councilman Beale A resident contacted Councilman Beale in regards to the maintenance of the Route 9 median. He added that there is garbage, the grass has grown through the cracks and the state has backed off on the maintenance. He stated that although it is a state highway it is a gateway to the community and wondered if there was anything that could be done to be more proactive as a community. Councilman Bettina recommended memorializing a letter to the State elected officials making them aware of the concern. Councilman Beale offered to do so. XI. Executive Session Motion To: go into executive session for litigation .. ....................................... ...... _ RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Motion To: come out of executive session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Motion To: add resolution to the agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-370 Resolution Authorizing Execution of Contract with Enviro Clean Services, LLC for Compliance with Petroleum Bulk Storage (PBS) Regulations and for Removal of Underground Storage Tank at Carnwath Farms WHEREAS, Joseph Jordan of Enviro Clean Services, LLC, (Enviro Clean) has submitted a proposed contract to the Town to perform tank installation and closure services for an existing 15,000 gallon underground storage tank (UST) at Carnwath Farms as well as to comply with other Federal and State regulations with respect to the closure and previous removal of a10,000 gallon tank as well as the removal of the 15,000 gallon tank at Carnwath Farms, and the installation of a 1,000 gallon above ground tank; all of which is set forth in a letter dated September 14, 2011 to the Town Board of the Town of Wappinger, Attn: Barbara Gutzler, Supervisor, a copy of which is affixed hereto as Exhibit "1"; and WHEREAS, the estimated total cost of this project is Twenty Nine Thousand Dollars ($29,000.00); and WHEREAS, the proposed contract is exempt from the competitive bidding requirements of § 103 of General Municipal Law as well as the Town of Wappinger Procurement Policy pursuant to Town Code §§46-3(A) because this is a professional service contract subject to state licensing and/or testing requirements that requires substantial formal training; and WHEREAS, the Town Board has determined that the authorization of this work and the Town of Wappinger Page 8 Printed 121612011 W] o,,—I, r nnnn+ina Minutes November 28, 2011 execution of the proposed contract is a Type Il action pursuant to 6 NYCRR 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). 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 determines that it is essential that the underground storage tanks previously located or presently located at Camwath Farms be brought into regulatory compliance with applicable Federal and State regulations. 3. The Town Board has determined that it is in the best interest of all concerned, especially in view of the limited use of the facilities at Camwath Farms, to remove the 15,000 gallon underground storage tank and replace same with a new 1,000 gallon above ground tank to be constructed in accordance with applicable regulations. 4. The Town Board hereby authorizes Supervisor Barbara A. Gutzler to enter into the proposed contract submitted by Enviro Clean, a copy of which is affixed as Exhibit "2", subject to any modifications recommended by the Attorney to the Town. 5. The Town Board hereby authorizes Joseph Jordan of Enviro Clean Services, LLC to install a temporary fuel storage tank pending compliance with DEC regulations. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011=370 A (General Townwide) B (General PartTown) DB (Highway) CBG (Challenger Field) CAMO Pollution $620.00 Yes/Aye No/Nay Abstain Absent. ❑ Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ 0 Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York November 28, 2011 The Resolution is hereby duly declared adopted. XII. Town Board Review of Vouchers RESOLUTION: 2011-366 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 -III Vendor A (General Townwide) B (General PartTown) DB (Highway) CBG (Challenger Field) CAMO Pollution $620.00 CAMO Pollution $520.00 Central Hudson $1,778.22 Central Hudson $70.52 Empire $2,908.23 $939.47 $8,515.44 Poughkeepsie Jrnl $49.97 Royal Carting $16,308.67 Southern Dtc News $134.65 Southern Dtc News $79.27 Home Depot $2.78 West Payment Center $152.00 Al Roberts $198.00 Al Roberts $1,914.00 Al Roberts $3,804.89 Town of Wappinger Page 9 Printed 12/6/2011 Regular Meeting Minutes November 28, 2011 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Mark Price Mark Price CSEA M. Liebermann- NYSBOC Tilcon Staples Reserve Account Cablevision Wells Fargo NYS Retirement WB Mason Orrick, Herrington, Sut Joanne Fenton Morris Associates Morris Associates Morris Associates Morris Associates Verizon Wireless WilsonOil Delta Dental $4,988.50 $119.73 $116.15 $211.05 $3,000.00 $284.65 $369.53 $157,262.51 $339.90 $100.00 $3,049.64 $397.75 $398.75 $1,346.37 $1,020.00 $940.50 $5,336.86 $62.11 $50.00 $373.56 $51,281.24 $10,034.00 $325.93- 325.93Wilson $225.38 $99.00 $2,538.02 $3,060.35 $133,331.25 $1,075.00 $1,218.00 $66.00 Totals $196,258.95 $74,855.83 $149,837.06 $66.00 HFT (Fuel Tanks) HNC (Cider Mill Loop) SU (Wapp United) WU (Wapp United) T92 (Escrows) $4,112.23 $66.00 $1,320.00 $165.00 $82.50 Town of Wappinger Page ! 0 Printed 121612011 Regular Meeting Minutes November 28, 2011 Pay Board riom $620.00 $520.00 $1,778.22 $70.52 $12,363.14 $49.97 $16,308.67 $134.65 $79.27 $2.78 $152.00 $4,310.23 $1,914.00 $3,804.89 $1,020.00 $1,386.00 $940.50 $165.00 $10,572.86 $181.84 $116.15 $2,538.02 $50.00 $3,060.35 $211.05 $3,000.00 $284.65 $743.09 $339.90 $1,075.00 $100.00 $27,539.74 $5,375.46 $723.68 $341,875.00 $392.50 $402.50 Town of Wappinger Page I I Printed 12/6/2011 $7,900.00 $69.00 $1,448.60 $3,820.50 $1,693.00 $699.26 $2,983.20 $392.50 $402.50 $82.50 1$7,966.00 1$1,927.00 $3,467.86 $11,710.93 Pay Board riom $620.00 $520.00 $1,778.22 $70.52 $12,363.14 $49.97 $16,308.67 $134.65 $79.27 $2.78 $152.00 $4,310.23 $1,914.00 $3,804.89 $1,020.00 $1,386.00 $940.50 $165.00 $10,572.86 $181.84 $116.15 $2,538.02 $50.00 $3,060.35 $211.05 $3,000.00 $284.65 $743.09 $339.90 $1,075.00 $100.00 $27,539.74 $5,375.46 $723.68 $341,875.00 $392.50 $402.50 Town of Wappinger Page I I Printed 12/6/2011 Regular Meeting Minutes November 28, 2011 $398.75 $1,571.75 $446,172.13 $23,471.82 $80,030.31 $342,670.00 I, Christine Fulton, Deputy 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 November 28, 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 -2011-366 A (General Townwide) B (General PartTown) DB (Highway) HBM (Blacktop Maint.) Assoc of Towns 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 0 0 0 ❑ Defeated William Beale Seconder 0 ❑ ❑ 0 ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ 0 p $636.00 Jose h Paoloni Voter ❑ 0 ❑ Dated: Wappingers Falls, New York November 28, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-367 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-JJJ Vendor A (General Townwide) B (General PartTown) DB (Highway) HBM (Blacktop Maint.) Assoc of Towns $200.00 Assoc of Towns $1,500.00 Central Hudson $69.16 Central Hudson $67.48 Central Hudson $504.35 Central Hudson $73.08 Verizon $25.66 Pitney Bowes $636.00 Home Depot $73.90 Home Depot $161.42 Home Depot $99.92 Home Depot $59.76 Home Depot $11.97 Home Depot $5.97 Vellano Brothers $297.00 DC Sheriff $2,190.33 $19,588.03 DC Sheriff $3,980.18 $13,364.64 Mid Hudson Fasteners $559.82 Mid Hudson Fasteners $1,013.40 James Baisley $1,000.00 Carquest $295.11 Town of Wappinger Page 12 Printed 12/6/2011 Regular Meeting Minutes November 28, 2011 Selective Automotive $46.86 Frederick Clark $4,950.00 Frederick Clark Frederick Clark Ruge's Parts Center $379.39 Arkel Motors $257.42 Arkel Motors $188.60 Thalle Industries $25,690.04 Thalle Industries $143,507.07 Noco Distribution $1,333.99 Noco Distribution $1,407.85 Troncillito Brothers $180.00 Dutchess Metal Supply $235.00 Tire King $119.90 Tire King $148.80 Tire King $135.85 Hillman Signs $802.50 Hudson Riv Truck Equip $1,939.30 Tilcon $1,299.65 Tilcon $808.61 Zee Medical $44.79 Chris Heady $400.00 Standard Glass $250.00 Snap On Tools $69.95 Poland Springs $163.35 All State Wilson Oil $361.47 Wilson Oil $2,428.61 Desmond Hotel $230.00 MDA Associates Uni-Select $3.82 Grassland $11.55 Totals $11,804.24 $38,049.45 $13,312.14 $170,005.72 T14 (All State) T92 (Escrows) $809.28 $24,113.65 $262.50 $1,184.92 $809.28 $25,561.07 $259,541.90 Pay Board Hold $200.00 $1,500.00 Town of [Vappinger Page 13 Printed 12/6/2011 Regular Meeting Minutes November 28, 2011 $69.16 $67.48 $504.35 $73.08 $25.66 $636.00 $73.90 $161.42 $99.92 $59.76 $11.97 $5.97 $297.00 $21,778.36 $17,344.82 $559.82 $1,013.40 $1,000.00 $295.11 $46.86 $4,950.00 $24,113.65 $379.39 $257.42 $188.60 $25,690.04 $143,507.07 $1,333.99 $1,407.85 $180.00 $235.00 $119.90 $148.80 $135.85 $802.50 $1,939.30 $1,299.65 $808.61 $44.79 $400.00 $250.00 $69.95 $163.35 $809.28 $361.47 $2,428.61 $230.00 $1,184.92 $262.50 $3.82 $11.55 $6,590.01 1 $252,689.39 1 $262.50 12 40 1 Town of Wappinger Page 14 Printed 12/6/2011 Regular Meeting Minutes November 28, 2011 I, Christine Fulton, Deputy 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 November 28, 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 -2011-367 A B DB (General (General (Highway) Townwide) Yes/Aye No/Nay Abstain Absent.. 0 Adopted Barbara Gutzler Initiator 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York November 28, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-368 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 -KKK Vendor A B DB (General (General (Highway) Townwide) PartTown) Camo Pollution $25.00 Camo Pollution $25.00 Camo Pollution $30.00 Central Hudson $152.21 Central Hudson $34.04 Central Hudson $515.42 Central Hudson $448.13 Poughkeepsie Jrnl $55.52 MVP $22,728.80 $5,010.11 $16,374.50 MVP Gold $2,842.10 First Unum Life $232.99 $50.65 $162.08 Matthew Meybohm $75.67 Staples $76.10 C. Fulton -Petty Cash $39.03 Oriental Trading $77.25 Paetec $632.12 $36.82 Sarjo Industries $9.14 Airport Vet Center $2,895.00 Airport Vet Center $510.00 Totals $31,272.33 $5,153.10 $16,612.25 Pay Board $25.00 $25.00 $30.00 $152.21 • •� Town of Wappinger Page 15 Printed 121612011 Regular Meeting Minutes November 28, 2011 $0.00 I, Christine Fulton, Deputy 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 November 28, 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 -2011-368 $34.04 $515.42 Yes/Aye $448.13 Abstain Absent ❑ Adopted as Amended Barbara Gutzler $55.52 D ❑ $44,113.41 ❑ ❑ Defeated William Beale $2,842.10 D ❑ ❑ $445.72 ❑ Tabled Vincent Bettina Voter a $75.67 ❑ ❑ Withdrawn $76.10 Initiator RI ❑ $39.03 Joseph Paoloni $77.25 ❑ ❑ $668.94 a $9.14 $2,895.00 $510.00 $53,037.68 $49,219.97 $3,817.71 $0.00 I, Christine Fulton, Deputy 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 November 28, 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 -2011-368 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter D ❑ ❑ ❑ ❑ Defeated William Beale Seconder D ❑ ❑ ❑ Tabled Vincent Bettina Voter a ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator RI ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ a Dated: Wappingers Falls, New York November 28, 2011 The Resolution is hereby duly declared adopted. XIII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Christine Fulton Town Clerk Town of Wappinger Page 16 Printed 12/6/2011