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2012-08-23 RGM0 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda ~ Christine Fulton 845-297-5771 Monday, August 13, 2012 7:30 PM Town Hall I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Minutes Approval Monday, July 09, 2012 V. Correspondence Log 2012-211. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Hearings Local Law No. —of the Year 2012, "Amending the Code of the Town of Wappinger by Adding a New Chapter 185 Entitled `Property Maintenance"' VII. Public Portion VIII. Discussions A. Road maintenance presentation - Foster B. Waiver of fees for the Miles of Hope Softball Tournament at Robinson Lane C. Refund of Penalty for Late Payment of Water Bill D. Sports Museum of Dutchess County event-Gutzler E. Wappinger Greenway Committee: Requestfor Carwath Chapel Usage F. Silver Fox Subdivision escrow account G. Shamrock Hills Subdivision Maintenance bond H. Martz Field Tennis Courts - Kuzmicz L Extension of Summer Hire J. Request for permission to attend the NYSAA Seminar K. Building Use - Beale L. Tree Limb Removal from Martz Field Play Area - Frazier M. Tree Removal from Conservation Easement Area on Fieldstone Loop - Frazier N. Town Hall Roof Repair/Replacement - Frazier IX. Resolutions Town of Wappinger 2012-212. Resolution Adopting Local Law No. _Of the Year 2012, "Amending the Code of the Town of Wappinger by Adding a New Chapter 185 Entitled `Property Maintenance"' 2012-213. Resolution Approving New York Certified Electrical Inspectors, LLC as an Approved Electrical Inspector for the Town of Wappinger 2012-214. Resolution Accepting Petition and Map, Plan & Report for the Extension of the United Wappinger Water District to Serve NYC DEP Site 2012-215. Resolution Authorizing Attorney to Town to Procure Title Examinations and Title Insurance for Easements and to Draft Easement for Water Line through Carnwath Farms in Connection with Proposed Extension No.2 to the United Wappinger Water District 2012-216. Resolution Authorizing Temporary Borrowing from the United Wappingers Water District 2012-217. Resolution Confirming the Authority Given to the Supervisor to Execute Inter -Governmental Agreement with the City of New York 2012-218. Resolution Authorizing Execution of Agreement for Extension of Water and Sewer Districts by Amora, LLC, Eduardo & Lucia Lauria and Robert Tompkins 2012-219. Resolution Accepting Map, Plan & Report for United Wappinger Water District Filtration System Improvements and Meadowwood/Route 9 Water Main Loops 2012-220. Resolution Accepting Map, Plan & Report for Replacement of Roberts Road Pump Station 2012-231. Order Calling Public Hearing in the Matter of the Increase and Improvement of the Facilities of the United Wappinger Sewer Districts in the Town of Wappinger, Dutchess County, New York 2012-221. Resolution Accepting Cash Security Agreement in Connection with Shamrock Hills Subdivision Page I . Printed 81912012 Town Board Meeting Agenda August 13, 2012 2012-222. Resolution Accepting and Irrevocable Letter of Credit as Replacement of the Cash Bond Previously Submitted in Connection with the Silver Fox Estates Subdivision 2012-223. Resolution Authorizing Execution of a Stipulation of Discontinuance and Acceptance of Grant of Permanent Easement for Maintenance of Stormwater Drainage Facilities in Connection with Litigation Commenced Against Mazochi and Howe X. Items for Special Consideration XI. New Business XII. Executive Session 1. Legal Advice XIII. Town Board Review of Vouchers 2012-224. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2012-225. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2012-226. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2012-227. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2012-228. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2012-229. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2012-230. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIV. Adjournment Town of Wappinger Page 2 Printed 8/912012 "M rr. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us ^' Minutes — Christine Fulton 845-297-5771 Monday, August 13, 2012 7:30 PM Town Hall I. Call to Order Supervisor Barbara Gutzler called the meeting to order at 7:30 PM. Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present 7:31 PM Vincent Bettina Town of Wappinger Councilman Present 7:47 PM Ismay Czarniecki Town of Wappinger Councilwoman Present Michael Kuzmicz Town of Wappinger Councilman Present Graham Foster Town of Wappinger Highway Superintendent Present Al Roberts Town of Wappinger Attorney to the Town Present Bob Gray Town of Wappinger Engineer to the Town Present II. Salute to the Flag III. Adoption of Agenda IV. IV Motion To: adopt the agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, Ismay Czarniecki, Michael Kuzmicz ABSENT: William Beale, Vincent Bettina Minutes Approval Monday, July 09, 2012 ✓ Vote Record - Acceptance of Minutes r July 9, 2012 7:30 PM Yes/Aye No/Nay Abstain Absent Absent Barbara Gutzler Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Voter ❑ ❑ ❑ 0 ❑ Accepted as Amended Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Initiator Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2012-211 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 -2012-211 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ 0 ❑ ❑ Tabled Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 Town of Wappinger Page 1 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 The Resolution is hereby duly declared adopted. VI. Public Hearings Local Law No. —of the Year 2012, "Amending the Code of the Town of Wappinger by Adding a New Chapter 185 Entitled `Property Maintenance"' Motion To: open the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Barbara Gutzler, William Beale, Ismay Czarniecki, Michael Kuzmicz ABSENT: Vincent Bettina A. Public Comments Town Clerk, Christine Fulton, offered for the record the Affidavits of Posting and Publication for the Public Hearing, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). The first resident to speak was Gary Lindstrom. He stated that after reading the local law he felt the terms used were mostly subjective and could be hard to enforce. He stated that there should be some informal warning first before a fine is imposed, since the law is so subjective. He felt some people may not even know that they are in violation. He added that there was an exception in the law regarding government entities. He didn't feel they should be exempt. He brought to the attention of the board a spelling error in one of the sections that should be corrected. The next resident to speak was Brian Pazzutti. He stated that the law seemed to be vague and it doesn't state what a successful or unsuccessful attempt to contact a property owner. It was his understanding that the law was to apply to abandon homes but as written it could apply to any home which concerns him because it could be miss used by someone. The next resident to speak was Ms. Palm. She stated that she agreed with Mr. Lindstrom about the subjectiveness and would also like to see specific items and quantity that should not be allowed to deteriorate on residents properties. She then gave an example of a neighbor and described the property. The next resident to speak was Adelaide Cioli. She described her neighbor's property and the mess in the yard. She stated that she has reported her neighbor several times. The zoning administrator has been out several times but nothing seems to be done about it. Supervisor Gutzler stated that she is making note of her comment and that the purpose of the law is to give them some "teeth to do something". Ms. Cioli question when the law would go into effect. Supervisor Gutzler explained that the law has to be filed with the state. The Attorney to the Town, Al Roberts, cautioned that this law is not going to protect against a messy neighbor. It is a back up to the NY State Uniform Code which will be the first law of offence to get properties to be maintained. He added that he disagreed that this law is vague. There are specific standards. He explained the process for someone to be charged. Councilman Beale stated that the problem is the penalty. The fine is not enough to change the conditions. He then questioned if the law would provide a way to provide for a penalty that is commensurate to the violation. Al Roberts explained the fines and the procedures. He added that it imposes penalties that are more severe then under the zoning codes. Councilman Beale added that it is very frustrating fielding complaints from residents and the fines are not severe enough for the situation to correct itself. He's hoping that this legislation will help. Supervisor Gutzler stated that most of the properties are in the third and forth wards and the picture in the paper is one that she sees every day. The board members are as victimized as private citizens. She hopes the law will make things more enforceable or entice people to take care of their homes. The next resident to speak was Jim Seckler. He commented on a house on Montfort Road that was burned. Supervisor Gutzler stated that it is an insurance issue and Councilman Kuzmicz it handling that matter. The next resident to speak was Ted Cohen. He stated that it was series of priorities that need to be addressed. First is safety. There's a need for a means of addressing the issues and assigning certain people to review. He then explained a situation with one of his neighbors. Councilman Beale added that he thought under the Uniform Code safety was the first and for most priority for a building being stable. Councilman Bettina stated that the building on Route 9 across from the Mercedes dealer looks terrible. He is told that the courts gave a decision and that Town of Wappinger Page 2 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 it can't be touched .Councilman Beale stated he would look into the property that the resident was talking about. Mr. Cohen questioned how the law effects the easements such as the Central Hudson ones. Councilman Bettina stated that Central Hudson has the right to use it but its the residents responsibility to maintain it. The next resident to speak was Dolores Pinto. She explained that the house next to her is abandon and with that situation she is in favor to the law. The next person to speak was Peter Claussen. He stated that according to the news paper there are only 15 homes in the town that the law effects. There are reasons why people are losing their homes. He feels people are doing the best that they can. He added that if the board want to go after the abandoned houses fine, but don't go after the people that are trying to do the best that they can. Mr. Pazzutti questioned how much the town has to gain by charging people extra taxes for not taking care of their homes when the reason they are not taking care of their homes is because they can't afford it to begin with. Supervisor Gutzler stated that if there was a situation where there is an elderly person she tries to put people in touch with a group that can help. This will be a last resort. Councilman Kuzmicz stated that there was a house on Brothers Rd that had a situation with an elderly person. It did take some time to remedy but it was resolved. The board is not looking to punish anyone. They are trying to balance interest with both the resident and the neighbors. Councilman Bettina stated that he understands what the residents are saying. He is concerned with the abandon houses and the structures that are at risk. The board is trying to be reasonable to make sure health and safety is being protected. Councilwoman Czarniecki state that there are houses where the owner has walked away and the ownership has passed to the bank. Those houses are out there. The board is not looking to make people's lives more difficult than they are. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Town of Wappinger Page 3 Printed 8/27/2012 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING "AMENDING THE CODE OF THE TOWN OF WAPPINGER BY ADDING A NEW CHAPTER 185 ENTITLED `PROPERTY MAINTENANCE"' STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) Christine Fulton, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on June 28, 2012, your deponent posted a copy of the Notice of Public Hearing on the adoption of, "Local Law No. of the Year .2012 Amending the Code of the Town of Wappinger by Adding a New Chapter 185 entitled `Property Maintenance"', on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. ME AV � J) (- 17-Z-I�mll 0 - Fulton Town Clerk Town of Wappinger Sworn to before me the 3rd day of July, 2012 NOTARY PUBLIC SOUTHERN DUTCHESS NEW NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #87551 State of NEW YORK SS: County of DUTCHESS I, CYNTHIA MCDONALD,_being duly sworn, depose and say: that I am the Publisher's Representative of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once or,j-A7/25/12. Sworn to befgVe me this 25th day of July, 2012 Notary Public, State of NEW YOR No. 01HY6221990 Qualified in DUTCHESS County, My commission expires on June 14, 20 MED InL Cif ��I[ D JUL" 2 5'20112 TOWN OF WAPPINGER -M Lz-_ - M �ough�eepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/She was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2012 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the _ 5 h day of i my in the year of 2012 and on the following dates thereafter, namely on: And ending on the day of in the year of 2012 , both days inclusive. Subsyibel and sworn to before me this 04 `' day of in the year o 2012 Notary My commission expires 1 ROSE ANN SIMPSON / Ndwy Public. b i S1tate of 3 w York CuaUW M Duldress County Commission Expires January 4, 2014 Town Board Meeting Minutes August 13, 2012 VII. Public Portion Motion To: Open the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman a AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz i Public comments �.. The first resident to speak was Mary Schmalz. She stated that in reference to the July 9th minutes regarding community day that the fact that it was hot and no rides, was not an excuse for the poor turnout. Hyde Park had over 5,000 people and Beacon had almost 4,000 turn out on the same day as Wappinger Community day. She then questioned how much the full staff for the one day of community day costo the courts.e then Shed e added that she hopes something will be done at the tennis courts have not been taken care of. The town needs to take care because people do use those courts. The next resident to speak was Joe Ennesser. He referred to the Greenway and the Sports Museum request to use Carnwath. Supervisor Gutzler state they are on the agenda and will be discussed. Motion To: close the floor to the public I RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman j SECONDER: Michael Kuzmicz, Councilman I AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VIII. Discussions �.. A. Road maintenance presentation - Foster Graham Foster, Highway Superintendent, stated that several weeks ago at the Dutchess County Highway Association The Gorman Group gave a presentation. He asked them to come and speak to the board. Ed Dennehy, Sales Representative from The Gorman Group gave a presentation regarding the proposed maintenance and infrastructure of the roads. He then fielded questions from the board Councilman Beale suggested looking into a bond to help the town stay under the Tax cap. He added that whatever is decided the board should budget for it and make it happen. Mr. Foster stated he has provided Supervisor Gutzler some options which she should be presenting to the board. Councilman Bettina questioned what Mr. Foster ideal schedule would be to get the roads on track. Mr. Foster stated he would need 10 years. B. Waiver of fees for the Miles of Hope Softball Tournament at Robinson Lane Supervisor Gutzler stated that she needed to pull this from the agenda do to a date change. C. Refund of Penalty for Late Payment of Water Bill Supervisor Gutzler explained that this is a request to waive a late payment of a water bill and the information was in the board's packets. She stated that this was something that should not be done because if you do it for one it will have to be done for all. Councilman Beale stated that this discussion has been had before. He is familiar with the resident but unfortunately there is a precedent that will be set if they make an exception. Motion To: not waive the penalty RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz D. Sports Museum of Dutchess County event -Gutzler Supervisor Gutzler explained that the Sports museum is requesting to use Carnwath Chapel on Town of Wappinger Page 4 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 August 19th. Motion To: allow the Sports Museum to use the Carnwath Chapel RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz .__........................... .............. E. Wappinger Greenway Committee: Request for Carwath Chaple Usage Supervisor Gutzler stated that the Greenway Committee has requested to use the Chapel from 11-4pm on Saturdays and 1-4pm on Sundays during the month of September. Mr. Ennesser stated that the hours are the same as the Sports Museum hours. In the Chapel various photographs of points on the Hudson will be displayed. Motion To. allow the Greenway Committee to use the Chapel RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Ismay Czarniecki, Councilwoman William Beale, Councilman Gutzler, Beale, Bettina, Czarniecki, Kuzmicz F. Silver Fox Subdivision escrow account Supervisor Gutzler stated that the information was on the dais. They are requesting a transfer from one line to another. Motion To: accept the request from Silver Fox Subdivision .. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz G. Shamrock Hills Subdividion Maintenance bond Supervisor Gutzler stated that this discussion will take place under Resolution 212. H. Martz Field Tennis Courts - Kuzmicz Councilman Kuzmicz requested Steve Frazier address the board on the issue. Steve Frazier, Buildings and Grounds Supervisor, stated that Councilman Kuzmicz asked him to investigate the repair or replacement of the two tennis courts on the barn side of Montford Road. He explained the items in need of repair. He had an contractor as well as Bob Gray, Engineer to the Town, look at the courts. The full renovation of the courts would run $40,000.00. The repair or patching the cracks would be around $4,000.00. He would still have to replace the pipe that holds the net. He added he does not have any money for the repair in his budget.. Park Lands trust could be used for the full renovation. The repair job would have to be budgeted for. Councilman Kuzmicz questioned if the cracks in the courts could be a possible liability, to which Mr. Frazier stated that it could be. Councilman Kuzmicz stated that he would not like to see them left in a state of disrepair. His recommendation would be to repair the courts to a workable condition. Then at some point go forward with a tennis court or an alternative plan. Mr. Frazier added at some point he would like to have engineering specs drawn up so if it does go out to bid everyone is held to the same specifications. Councilwoman Czarniecki asked if Mr. Frazier knew how many people used the courts. Mr. Frazier stated that it is use 75% of the time. Supervisor Gutzler questioned the pressing need to fix them and if the other courts are being used. Councilman Kuzmicz added that the issue is that the whole park needs to be maintained in good order. Mr. Frazier agreed with Councilman Kuzmicz adding his funds are limited and so is his man power. Supervisor Gutzler stated that this needs to be thought about very carefully because park land trust is not a bottomless fund. Without developments or subdivisions there isn't park land funds. Councilman Kuzmicz stated that in his opinion they have to spend funds on it. The question is what is going to be done and when. Councilwoman Czarniecki stated she was concerned with whether or not there are safety issues. Bob Gray, Engineer to the Town, stated that in this case he doesn't think that it needs to go to bid. What he would need is three quotes. They would need to get the linear footage of cracks that need to be repaired and draw up the Town of Wappinger Page S Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 specs. They should be all dealing with the same request. Supervisor Gutzler stated that Mr. Frazier could go out and get the quotes but it shouldn't cost anything for the quotes. The board authorized Mr. Frazier to lay out specs and get quotes. Extension of Summer Hire Motion To: Extend the summer hire Steve Frazier, Supervisor of Buildings and Grounds stated that one of the summers hires had to go back to school early. This left a surplus in that budget line and he would like to use that to extent the other summer hire to the week ending September 15th without any effect on the budget. RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz J. Request for permission to Attend the NYSAA Seminar The Assessor, Christian Harkins sent a request to the board for funds to attend a seminar. Councilman Beale questioned if the Town of Fishkill paid for any part of the seminar fee. Supervisor Gutzler stated that according to the letter they pay half the cost. Motion To: authorize the Assessor to attend the yearly seminar. RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz K. Building Use - Beale *NW Motion To: allow Montclair to use the Town Hall meeting room Councilman Beale stated that he would like to look at the building procedures and makes sure that it is consistent for everyone. RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz L. Tree Limb Removal from Martz Field Play Area - Frazier Steve Frazier, Supervisor of Buildings and Grounds, informed the board that at Martz Field there is a large limb that snapped off and is hanging over the play area and the rest rooms. It will require a bucket truck to take it down. Motion To: examine the contingence budget line for funds to remove tree limbs RESULT: MOVER: ! SECONDER: AYES: ADOPTED [UNANIMOUS] William Beale, Councilman Michael Kuzmicz, Councilman Gutzler, Beale, Bettina, Czarniecki, Kuzmicz M. Tree Removal from Conservation Easement Area on Fieldstone Loop - Frazier Steve Frazier, Supervisor of Building and Grounds explained that in the conservation easement on Fieldstone Loop there is a large tree that is leaning toward a house. He went out to look at it as well as Baisley Tree Service and the opinion is that it is a hazard to the home and needs to come down. Baisley gave him a quote of $1,000.00. N. Town Hall Roof Repair/Replacement - Frazier Steve Frazier, Supervisor of Building and Grounds, stated that he would like to bring in a roofing consultant to look at the roof at Town Hall and submit a proposal. It is in need of repair. uwa uj ry appinger Page 6 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 Motion To: get proposals for the Town Hall roof IX. Resolutions RESOLUTION: 2012-212 Resolution Adopting Local Law No. 8 Of the Year 2012, "Amending the Code of the Town of Wappinger by Adding a New Chapter 185 Entitled `Property Maintenance"' WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. —of the Year 2012, Amending the Code of the Town of Wappinger by Adding a New Chapter 185 entitled `Property Maintenance"'; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of the Town; and WHEREAS, the Public Hearing was held on August 13, 2012, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board made a Negative Declaration of Significance pursuant to SEQRA and the Town's Environmental Quality Review Law and has filed a Short Form EAF; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. 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 of the Town of Wappinger hereby adopts Local Law No. 8 of the Year 2012 entitled "Local Law No. 8 of the Year 2012, "Amending the Code of the Town of Wappinger by Adding a New Chapter 185 entitled `Property Maintenance"', a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-212 Yes/Aye No/Nay ' Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 8/27/2012 Last Rev. 06/20/12 LOCAL LAW NO. _ OF THE YEAR 2012 A Local Law entitled "Local Law No. _ of the Year 2012, Amending the Code of the Town of Wappinger by Adding a New Chapter 185 entitled `Property Maintenance'." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title. This Local Law shall be known and cited as Town of Wappinger "Local Law No. _ of the Year 2012, Amending the Code of the Town of Wappinger by Adding a New Chapter 185 entitled `Property Maintenance'." Section II: Amendment to the Code. The Code of the Town of Wappinger is hereby amended by the addition of a new Chapter 185, to read as follows: "Chapter 185 Property Maintenance § 185-1. Legislative Intent. Property owners who fail to maintain their property create adverse conditions that affect the general health, safety and welfare of the public. Deficient property maintenance sometimes creates impacts to the health and safety of the public that require immediate attention while other instances of deficient property maintenance create harm to the general welfare that reduces the quality of life, adversely impacts property values and facilitates the creation of blighted neighborhoods. The provisions of this Chapter are intended to supplement the provisions of the Property Maintenance Code of New York State which are enforceable under Chapter 85 of the Town of Wappinger Code. CADocuments and Settings\CFulton\Local Settings\Temporary Internet Files\Content.Outlook\4SQ2T8A4\Proposed Property Main Local Law 2012-06-07 (2).doc Pursuant to the authority of Town Law §64(5-a), the Town Board of the Town of Wappinger hereby finds that the unreasonable accumulation of brush, grass, rubbish, weeds, or poisonous shrubs creates a threat of fire, rodent infestation or disease. An unreasonable accumulation of brush, grass, rubbish, weeds, or poisonous shrubs is an immediate threat to the health and safety of the public. This local law provides procedures for the Town to act swiftly to abate the risks to the health and safety. of the public in accordance with the due process required by law. Pursuant to the authority of Municipal Home Rule Law §§ 10(1)(ii)(a) and Town Law § 64.5 and § 130, the Town Board hereby finds that the improper maintenance of the exterior of any buildings, which are visible to their neighbors and/or the traveling public, create conditions that adversely affect property values, the quality of life of their neighbors and neighborhood, and the general health, safety and welfare of the residents of the Town. Property owners who allow poisonous shrubs to grow and allow weeds, shrubs, lawns., grass, landscape plants and other vegetation to become overgrown or who allow the exterior of any buildings located on their property to deteriorate into a state of disrepair, become unsightly, dilapidated or who permit the accumulation of garbage, rubbish, debris and refuse thereon, facilitate the proliferation of pests, insects and vermin. These conditions, in turn, result in a general deterioration of property values and foster blight in the surrounding neighborhoods and community in general. The Town Board further finds that property owners, tenants or persons in possession of real property who keep or maintain junked, inoperable or unregistered motor vehicles on their property, contribute to blight by promoting unsightly, unsanitary and unsafe conditions. The Town Board hereby determines that in order to protect and promote the public health, safety and welfare of the residents of the Town, to prevent blight within the Town and to -2- prohibit the proliferation thereof, it is necessary to establish standards for the exterior maintenance of property, yards and any buildings or structures thereon, and to provide standards for the general exterior maintenance of yards, buildings and structures and to provide for the removal of any poisonous weeds or shrubs, overgrown vegetation, including lawns, grass, landscape shrubbery, ornamental shrubs, garbage, debris, rubbish, and junked or inoperable vehicles on properties so that all properties shall be maintained in accordance with the standards enunciated in this Chapter. This Chapter authorizes the Town through its Code Enforcement Officials to enter onto the property containing the offending condition, in accordance with the provisions of this Chapter and to remove the same where the property owner fails or neglects to cure the violation. By reason of the establishment of these regulations and restrictions as herein set forth in this Chapter, the proliferation of blight may be prevented and the general public health, safety and welfare protected and fostered. § 185-2. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: A. Debris - All materials resulting from the construction, excavation, renovation, equipping, remodeling, repair or demolition of structures, property or roads, or resulting from the """ preparation therefor as well as materials consisting of vegetation resulting from land clearing and grubbing, utility line maintenance, and seasonal and storm related clean up, except when such materials are organized in piles or structures for purposes of composting. Such materials include, but are not limited to: masonry; such as bricks, concrete blocks, mortar and concrete; soil; rock; wood; wall coverings; floor coverings; plaster; drywall; plumbing fixtures; insulation; roofing materials; siding; pavement; glass; window frames; electrical wiring and components; -3- plastics; carpeting; foam padding; linoleum; metals; or any combination thereof which are incidental to construction, excavation, renovation, equipping, remodeling, repair or demolition. B. Garbage - All putrescible animal and vegetable waste resulting from growing, processing, marketing and preparation of food items, including containers in which it is packaged, except when such wastes are organized in piles or structures for purposes of composting. C. Junked Vehicle - Any motor vehicle which is either unregistered, dismantled (in whole or in part), or in such a damaged condition or state of disrepair that such vehicle cannot be operated without extensive repair or for which the cost of such repair exceeds the value of the motor vehicle. Lack of a license plate or an incorrect license plate affixed to the motor vehicle shall be presumptive evidence that the vehicle is not registered. D. Person — a natural person, corporation, partnership, limited liability company, unincorporated association, or any other business organization of two or more persons. E. Owner - A Person having legal title to premises; a mortgagee or vendee in possession; a trustee in bankruptcy; a receiver or any other Person having legal ownership or control of premises. Where the owner of the property cannot be determined, the Person whose name is listed as the owner on the most current tax roll of the Town is deemed to be the Property Owner. "No' F. Rubbish - All discarded or worthless non-putrescible solid wastes consisting of both combustible and non-combustible wastes, including but not limited to paper and paper products, rags, wrappings, cardboard, tin cans, wood, glass, metals, plastics, tires, bedding, cloth, crockery, furniture, appliances and similar items. -4- G. Tenant - Any person who uses or occupies a property or building, other than the owner, and who occupies same pursuant to a written or oral lease agreement, or otherwise with the consent and permission of the owner thereof. H. Enforcement Official - This Chapter shall be enforced by the following Town of Wappinger Officials: Code Enforcement Officers, the Fire Inspector, the Zoning Administrator, Town Constables, the Dutchess County Sheriff's Office, any police agency having jurisdiction in the Town of Wappinger, and such other persons as may be designated by the Town Board of the Town of Wappinger by resolution. § 185-3. Standards for Maintenance of Yards No owner, lessee, tenant, occupant or other person having charge of any premises shall cause, permit or allow such premises to be used or maintained in violation of any of the following standards: A. Surface and subsurface water shall be appropriately drained away from buildings to protect the buildings and structures from water damage; grading shall be designed, constructed and maintained to prevent the development of stagnant ponds or pools of water which facilitate the breeding of mosquitoes or other insects, except in accordance with a grading permit, subdivision plan, site plan approved by the Town, or a validly approved Storm Water Pollution Prevention Plan (SWPPP). B. Subsurface, stormwater pipes and appurtenances, or such similar devises, constructed and installed for the purposes of transporting, disposing or dispersing surface or subsurface water, and approved in connection with a site plan, subdivision plat, or plot plan approved by the Town of Wappinger Planning Board or Engineer to the Town in connection with the issuance of any land use permit or building permit, shall -5- be maintained and kept in proper working order and condition and fit for the purposes intended, so as to maintain the free flow of said surface or subsurface water. C. All landscaping facilities and plantings, whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed, and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses and weeds shall not exceed ten (10) inches in height. D. The accumulation of any debris, garbage or rubbish upon any premises, is not permitted except in compliance with Article III of Chapter 210 of the Town of Wappinger Code. E. Premises shall be maintained in such manner that will prevent debris, garbage and rubbish from blowing about the neighborhood. F. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions: Any paved surfaces such as parking lots and driveways shall be maintained to prevent potholes or other hazards. All off-street parking facilities shall be swept at least twice a year. G. No junked vehicle may be parked or stored on any premises unless such vehicle is """ parked or stored inside a building, or inside a structure screening the junked vehicle from neighbors and the public, unless the junked vehicle is otherwise permitted to be in an unenclosed area under Chapter 240 "Zoning" of the Town Code. § 185-4. Standards for Exterior Maintenance of Buildings and Structures. No owner, lessee, tenant, occupant or other person having charge of any premises shall cause, permit or allow any building or structure to be maintained in violation of the following standards: I A. All exterior surfaces of any building or structure not inherently resistant to degradation or deterioration from weather or the elements shall be treated, sealed or coated with a protective covering such as paint, or other weather protective coating so as to prevent such exposed surfaces from degradation, deterioration or weathering. B. Exterior walls, including doors and windows, roofs and areas around doors, windows, chimneys and other parts of a building or structure shall be maintained so as to keep %No water from entering the building. Exposed surfaces of any building or structure which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replenished and refinished in a workman like manner and treated with appropriate protective covering such as paint, stain or other weather retardant material. Exterior walls, roofs and other parts of a building or structure shall be free from loose and unsecured objects or materials such as siding, mortar, bricks, blocks, etc. C. Vacant structures and their adjoining yards shall be maintained in a clean, safe, secure and sanitary condition so as not to cause a blighting problem or adversely affect the public health or safety. f. § 185-5. Exceptions. This Chapter shall not apply to: A. A property licensed as a junk yard pursuant to Chapter 153 of the Town Code of the Town of Wappinger. B. Any properties used, occupied or operated by a governmental entity or municipal subdivision. -7- § 185-6. Enforcement; Administrative Remedy. In the event that the owner, lessee, tenant, occupant or other person having charge of any premises shall fail to comply with the standards enumerated in this Chapter, the Town may institute enforcement proceedings as follows: A. Inspection and Report. Any Enforcement Official, upon his or her own investigation or upon a written complaint that property appears to be maintained in violation of any NOW of the standards enumerated in § 185-3. and § 185-4 above, may conduct an investigation and inspection of such premises and shall prepare a written report of his or her findings. If necessary, the Enforcement Official is authorized to apply for a search warrant to a court of competent jurisdiction to enter onto the premises if there is reasonable suspicion to believe that there is a violation of this Chapter. The Enforcement Official is further authorized to take such further steps that are necessary to effectuate the execution and return of a duly ordered search warrant. B. Order to Remedy. If the Enforcement Official determines that a violation exists after conducting an inspection, the Enforcement Official is authorized to issue an Order to Remedy directing the owner, lessee, tenant, occupant or other person having charge of any premises to bring such premises into compliance with the provisions of this Chapter. The Enforcement Oficial shall provide the Town Board with a copy of the Order to Remedy together with an Affidavit of Service and a copy of his or her report of findings from the inspection of the property. C. Contents of Order to Remedy. The notice shall contain the following information: 1. The Tax Parcel Identification Number, if there is one; 2. The street address of the property, if there is one; as 3. The owner of the property as shown in the records of the Town; 4. A statement of the condition of the property and the standards of this Chapter which have been violated; 5. The date and time the violations are alleged to have occurred; 6. The specific corrective action that needs to be taken to bring the property into full compliance with the standards of this Chapter; NOW 7. The specific date by which the corrective action must be completed. The time to take corrective action stated in the notice shall be: a) for violations of the standards set forth in § 185-3, 7 days from the date of the Order to Remedy, or b) for violations of the standards set forth in § 185-4, 30 days from the date of the Order to Remedy, 8. The date, time and place of a public hearing to be held before the Town Board to determine whether the property is in compliance with the standards of this Chapter and a statement that the owner, lessee, tenant, occupant or other law person having charge of any premises has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of this Chapter or that additional time is needed to take corrective action to cure the violation; 9. A statement that if the property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with the order to Remedy, that the Town intends to enter onto the property, take corrective M action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. D. Service of Order to Remedy. The Order to Remedy shall be served on the owner by registered or certified mail at the address shown on the last preceding tax assessment roll of the Town or by personal service in accordance with in any manner provided for service of process by article three of the Civil Practice Law and Rules of the State of New York. Service upon a lessee, tenant, occupant or person in charge of the premises shall be made by registered or certified mail to the address of the property or by personal service as shown above. A copy of such Order to Remedy may also be served on any mortgagee or lienor of record in the same manner. A copy of the Order to Remedy shall also be conspicuously posted on the property. E. Imminent Threat. Whenever the Town Board finds that there exists on premises a condition that poses an imminent threat to the public health or safety which requires immediate remedial action, the Town Board may, in its discretion, order the owner, lessee, tenant, occupant or other person having charge of any premises to remove or abate such public nuisance, or direct Town employees or agents of the Town to remove or abate such public nuisance, and, notwithstanding any provision of this .010 Chapter to the contrary, no public hearing shall be required to be held before the time fixed in the order for compliance, or before the Town removes or abates such public nuisance, and the time for compliance provided in paragraph C subparagraph 6 of this section shall not apply to an order issued pursuant to this subdivision. Notice of an order or direction issued pursuant to this subdivision shall be served in the manner prescribed in paragraph D of this section, provided, that if the Town Board -10- determines that service in such manner would result in delay prejudicial to the public health or safety, then the Town Board may serve such order or direction by delivery of a copy thereof to a person of suitable age and discretion in actual or apparent control of the premises to which it relates, or, if service cannot be made in such manner, by copy posted upon the premises to which it relates. An order or direction served in the manner prescribed in this subdivision shall take effect when delivered or when posted. After such order or direction takes effect, the Enforcement Official shall serve such order or direction in the manner prescribed in paragraph D of this section. Such additional service shall include notice of the earlier service of such order or direction. F. Public Hearing. The public hearing shall be held at a regularly scheduled or special Town Board meeting at least 7 days but not more than 20 days after service of the Order to Remedy as set forth above. 1. After the public hearing, if the property is determined by the Town Board to be in non-compliance with the standards enumerated in this Chapter, the Town Board may authorize employees of the Town, its agents or contractors, %MW to enter onto the property to undertake such measures as to bring the property into compliance with this- Chapter and assess the cost of such remediation against the property as described below. G. Assistance Allowed. The Town may request the assistance of any county, state or federal agency to perform work on its behalf pursuant to this Chapter. -11- 0 H. Assessment of Costs and Expenses and Lien. 1. The expenses incurred by the Town with respect to any work performed by or on behalf of the Town to bring the property into compliance shall be a debt recoverable from the owner, lessee, tenant, occupant or other person having charge of any premises and shall constitute a lien upon the premises, including the land and buildings, with respect to which such work was performed. 2. The Town shall keep a record of all work performed on the property by or on behalf of the Town. Such records shall be accessible to the public during business hours. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to this section. The property owner woo shall have 10 days, after a copy of the notice establishing the costs and "Me expenses, to challenge any of the costs incurred by the Town. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise -12- satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. 3. Such lien shall have a priority over all other liens and encumbrances on the premises except for the lien of taxes and assessments as authorized by Town Law §64(5-a). ,,, I. Action for Recovery. In addition to establishing a lien, the Town may recover such expenses and interest by bringing an action against the owner, lessee, tenant, occupant or other person having charge of any premises. The institution of such action shall not suspend or bar the right to pursue any other remedy provided by law for the recovery of such debt. J. Other Remedies Available. Nothing contained in this section shall be construed to restrict authority to provide for the abatement of a public nuisance conferred upon any agency of the Town by any other provision of law. § 185-7. Penalties for Offenses. A. Every person violating any provision of this Chapter shall also be subject to a civil penalty: 1. For the first offense —a civil penalty in a minimum amount of $100.00 and a maximum amount of $500.00; 2. For the second and subsequent offenses — a civil penalty in a minimum amount of $500.00 and a maximum amount of $5,000.00; and 3. Each week's violation shall be deemed a separate violation. -13- Section III: Authority. This Local Law is enacted in order to protect the health, safety, and welfare of its residents pursuant to the authority granted to the Town pursuant to the New York State Constitution, § 10 of the Municipal Home Rule Law, and pursuant to Town Law § 64.5-a and § 130. Section IV: Numbering for Codification. It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section V. Separability. If any part or provision of this local law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remained of this local law or the application thereof to other persons or circumstance, and the Town Board of the Town of Wappinger hereby declares that it would have passed this local law or the remainder thereof had such invalid application or invalid provision been apparent. -14- Section VI: Effective Date. This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. -15- Town Board Meeting Minutes Auguct 1:t '3ni RESOLUTION: 2012-213 Resolution Approving New York Certified Electrical Inspectors, LLC as an Approved Electrical Inspector for the Town of Wappinger WHEREAS, Chapter 114 of the Town Code of the Town of Wappinger requires all electrical installations to be in conformity with the National Electrical Code and the New York State Uniform Code ; and WHEREAS, Section 114-4. permits the Town Board to authorize and approve qualified electrical inspection agencies to make inspections, re -inspections, and to approve or disapprove any electrical installations within the Town of Wappinger to insure compliance with the National Electrical Code and the New York State Uniform Code; and WHEREAS, Jerry Caliendo and John C. Metsger are certified electrical inspectors in the State of New York; and WHEREAS, Jerry Caliendo and John C. Metsger are senior electrical inspectors for New York Certified Electrical Inspectors, LLC; and WHEREAS, New York Certified Electrical Inspectors, LLC, has requested to be an approved electrical inspection agency for the Town of Wappinger; and WHEREAS, Salvatore Morello I11, Code Enforcement Officer for the Town of Wappinger has reviewed the qualifications of Jerry Caliendo and John C. Metsger in their capacity as senior electrical inspectors of New York Certified Electrical Inspectors, LLC, to act as electrical inspectors for the Town of Wappinger and said Salvatore Morello III has determined that the aforesaid organization meets all criteria required by the National Electrical Code to qualify as an electrical inspection agency and recommends that New York Certified Electrical Inspectors, LLC be approved as an electrical inspection agency for the Town of Wappinger for all electrical installations within the Town of Wappinger to insure compliance with the National Electrical Code and the New York State Uniform Code. 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. New York Certified Electrical Inspectors, LLC, through its senior electrical inspectors Jerry Caliendo and John C. Metsger is hereby approved to be a qualified electrical inspector for the Town of Wappinger and is hereby authorized to provide ministerial electrical inspection services for all electrical installations within the Town of Wappinger to insure compliance with the National Electrical Code and the New York State Uniform Code. 3. New York Certified Electrical Inspectors, LLC is further appointed as an agent of the Town of Wappinger to make electrical inspections and any necessary re - inspections of all electrical installations made in the Town of Wappinger, in accordance with Chapter 114 of the Code of the Town of Wappinger, provided it maintains the required liability insurance naming the Town of Wappinger as a certificate holder thereof. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2012-213 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter p 0 ❑ ❑ ❑ Defeated William Beale Voter p 0 ❑ 0 ❑ Tabled Vincent Bettina Initiator p ❑ ❑ p ❑ Withdrawn Ismay Czamiecki Seconder p p ❑ p Michael Kuzmicz Voter El 0 0 0 Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-214 Resolution Accepting Petition and Map, Plan & Report for the Extension of the United Wappinger Water District to Serve NYC DEP Site WHEREAS, by Resolution 2012-194 on June 25, 2012, the Town Board approved the execution of an Agreement with the City of New York to extend the United Wappinger Water Town of Wappinger Page 8 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 District (UWWD) and construct a 12 inch water main from a point of connection with the UWWD water system in and around Old Hopewell Road and Seneca Drive to the Shaft 6B Site on River Road owned by the City of New York (City) and operated through its Department of Environmental Protection (DEP); and WHEREAS, the 12 inch water pipe is designed to deliver in excess of 170,000 gallons of water per day to be used in connection with the construction of the By -Pass Tunnel and Shaft 6B as part of the project being undertaken by the DEP called "Water for the Future: Delaware Aqueduct Rondout West Branch Tunnel Repairs;" and WHEREAS, pursuant to the aforementioned Agreement, DEP has submitted a Petition pursuant to Article 12 of the Town Law to the Town for a no cost extension of the United Wappinger Water District, to be known as Extension No. 2 to the United Wappinger Water District (Extension No.2); and WHEREAS, on June 25, 2012 by Resolution 2012-191 the Town Board authorized Morris Associates PLLC to prepare a Map, Plan and Report for a no cost extension of the UWWD to the Shaft 6B site on River Road; and WHEREAS, Morris Associates PLLC has prepared a Map, Plan and Report dated July 2012 for Extension No. 2 to the United Wappinger Water District, a copy of which is attached to the Petition; and WHEREAS, the Town Board has previously determined that Extension No. 2 is a Type 1 action and has declared its intent to serve as lead agency for purposes of under 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 hereby accepts the Petition for Expansion of Water District submitted by DEP and determines that it satisfies the criteria of Town Law § 191 in that it is signed by all of the owners of taxable real property situate in the proposed extension. 3. The Town Board hereby accepts the Map, Plan and Report for Extension No. 2 to the United Wappinger Water District prepared by Morris Associates PLLC dated July 2012, a copy of which is affixed to the Petition. 4. The Town Board hereby directs the Town Clerk to file in her office the Petition with annexed Map, Plan and Report for the proposed Extension No. 2 to the United Wappinger Water District in accordance with the provisions of Article 12 ' of the Town Law. 5. The Town Board hereby directs the Engineer to the Town and the Attorney to the Town to provide the Petition and Map, Plan & Report to any necessary parties or agencies for purposes of conducting an environmental review of Extension No. 2 and to circulate for Lead Agency status in accordance with SEQRA. 6. The Town Board directs that the Town Clerk forward a certified copy of this resolution together with a copy of the Petition with exhibits, including the Map, Plan and Report above mentioned, to Orrick, Herrington & Sutcliffe, LLP, to prepare the necessary proceedings, findings and public interest order necessary to extend the Water District in accordance with the subject Petition, the attached Map, Plan and Report and Article 12 of the Town Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-214 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-215 Resolution Authorizing Attorney to Town to Procure Title Examinations and Title Insurance for Easements and to Draft Easement for Water Line through Carnwath Farms in Connection with Proposed Extension No.2 to the United Wappinger Water District WHEREAS, by Resolution 2012-194 adopted on June 25, 2012, the Town Board Town of Wappinger Page 9 Printed 8/27/2012 Town Board Meeting Minutes Auauct 1'4 xni,) authorized the execution of an Inter -Governmental Agreement (IGA) with the City of New York to extend the United Wappinger Water District (UWWD) and construct a 12 inch water main from a point of connection with the UWWD water system in and around Old Hopewell Road and Seneca Drive to the Shaft 6B Site on River Road owned by the City of New York (City) and operated through its Department of Environmental Protection (DEP); and WHEREAS, by separate Resolution, the Town Board has accepted the Petition of the DEP and the Map, Plan and Report for the proposed Extension No.2 to the United Wappinger Water District (UWWD) in accordance with the aforementioned IGA; and WHEREAS, it will be necessary to obtain numerous easements from various property owners along the route of the proposed 12 inch water main; and WHEREAS, because of the acknowledged time constraints in constructing the 12 inch water main, the Town Board authorizes the Attorney to the Town to make arrangements for the procurement of title examinations and title insurance for all the easements necessary to construct the 12 inch water main as determined by the Engineer to the Town. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Attorney to the Town to procure title examinations and title insurance for all needed easements as determined by the Engineer to the Town in connection with the construction of the above mentioned 12 inch water main to be constructed in accordance with proposed Extension No.2 to the UWWD. 3. The Attorney to the Town is also authorized to draft an easement from the Town of Wappinger to the Town of Wappinger on behalf of the UWWD for the construction of the aforementioned 12 inch water main, portions of which are to be constructed through the Town owned property known as Carnwath Farms. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2012-215 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 0 ❑ 0 ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ 0 0 ❑ Withdrawn IsmayCzarniecki Voter 0 ❑ ❑ Michael Kuzmicz Voter 0 Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-216 Resolution Authorizing Temporary Borrowing from the United Wappingers Water District WHEREAS, by Agreement dated May 15, 2012, the Town Board entered into an Agreement in Principle (AIP) with the City of New York through its Department of Environmental Protection (DEP) for the construction of a 12 inch water main to the property owned by the City of New York located on River Road in the Chelsea portion of the Town of Wappinger (known as Extension No.2 of the United Wappingers Water District [UWWD]) ; and WHEREAS, the 12 inch water pipe is designed to deliver up to 170,000 gallons of water per day to be used in connection with the construction of the By -Pass Tunnel and Shaft 6B as part of the WATER FOR THE FUTURE PROJECT, Delaware Aqueduct Rondout West Branch Tunnel Repairs being undertaken by the DEP; and WHEREAS, the terms of the AIP were formally incorporated in an Inter -Governmental Agreement (IGA) between the Town Board and City of New York through its DEP; and WHEREAS, one of the provisions of the IGA requires the DEP to reimburse the Town for all costs it incurs in connection with the establishment of Extension No.2 of the UWWD; and WHEREAS, the DEP has advised the Town that the IGA is in the process of being registered with the New York City Comptroller's Office and upon such registration will be executed by the DEP shortly thereafter; and WHEREAS, by Resolution adopted by the Town Board on July 9, 2012, the Town Board authorized the issuance of Bonds in the maximum amount of $350,000 to pay for the cost of interim engineering and design studies, including any incidental expenses related thereto, which will be incurred in connection with the establishment of Extension No. 2 of the UWWD; Town of Wappinger Page 10 Printed 8/27/2012 woo T... Rnnrrl hAnntina Minutes August 13, 2012 and WHEREAS, the Accountant to the Town has advised the Town Board that there are fund balances within the UWWD Accounts which could be temporarily loaned to the Town's General Fund to pay for the aforementioned interim costs of engineering and design studies, including incidental expenses related thereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations incorporated above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board, rather than go through the expenses of issuing bonds to fund the payment of the interim costs of engineering and design studies, including any incidental expenses related thereto for the establishment of Extension No. 2 of the UWWD hereby authorizes the Supervisor to temporarily borrow up to $350,000 from the UWWD accounts to pay for said interim costs. 3. The Town Board directs that any funds temporarily borrowed from the UWWD accounts shall be reimbursed to said UWWD accounts prior to December 31, 2012 together with interest at the rate of .3% per annum pro -rated to date of payment. 4. In the event any sums borrowed from the UWWD account are not reimbursed by DEP prior to December 31, 2012, the Town shall issue Serial Bonds in accordance with the Resolution of July 9, 2012 to pay for the costs of interim engineering and design studies, including any incidental expenses related thereto and shall thereupon immediately reimburse the UWWD for all sums borrowed. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-216 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator D ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter D ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-217 Resolution Confirming the Authority Given to the Supervisor to Execute Inter - Governmental Agreement with the City of New York WHEREAS, by Resolution adopted on May 15, 2012, the Town Board ratified the Supervisor's execution of an Agreement in Principle (AIP) which outlined the terms and conditions pursuant to which the Town of Wappinger (Town) through the United Wappinger Water District (UWWD) will construct a 12 inch water main from a point of connection with the UWWD water system to the Chelsea Shaft 6B Site owned by the City of New York (City) and operated through its Department of Environmental Protection (DEP); and WHEREAS, the AIP contemplated the City and the Town entering into a formal Inter - Governmental Agreement (IGA) specifying in greater detail the terms, conditions and obligations of the parties with respect to the construction of the 12 inch water main to the Shaft 6B Site with the expressed understanding that upon execution of said IGA, the IGA would be submitted to the City Comptroller for registration as required by the City Charter; and WHEREAS, by Resolution adopted on June 25, 2012, the Town Board authorized Supervisor Gutzler to execute an IGA by and behalf of the Town of Wappinger and further authorized the Supervisor, the Town Attorney and the Town Engineer to negotiate and modify the terms, conditions and obligations contained in the IGA as deemed appropriate; and WHEREAS, subsequent to the execution of the AIP, the Supervisor, with consultation from the Town Engineer, Robert J. Gray, and the Town Attorney, Albert P. Roberts, have negotiated the terms of a formal IGA, a copy of which is affixed hereto; and WHEREAS, the New York City Department of Law has approved the terms and conditions set forth in the IGA and the Town has been informed that the IGA has been forwarded to the City Comptroller for registration. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set Town of Wappinger Page I I Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 forth and adopted herein. 2. The Town Board hereby confirms the authority given to Supervisor, Barbara A. Gutzler to negotiate and enter into a formal IGA by and on behalf of the Town of Wappinger and UWWD with the DEP for the construction of a 12" water main from a point of connection with UWWD to the Chelsea Shaft 6B site, upon terms and conditions more particularly set forth and contained in the IGA, a copy of which is affixed hereto. 3. The Town Board members individually confirm that they have each read the IGA, understand the terms thereof, and concur with the terms and conditions stated therein. 4. The Town Board, by and on behalf of itself and UWWD, hereby ratifies and confirms the authority given to Supervisor, Barbara A. Gutzler to execute the IGA in the form attached hereto, in four (4) original counterparts and to forward same "o for execution by the New York City Department of Environmental Protection on behalf of the City of New York. 5. The Town Board further acknowledges that the IGA is to be submitted to the City Comptroller for registration. The foregoing was put to a vote which resulted as follows: ✓ Vote Record- Resolution RES -2012-217 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Seconder [a ❑ ❑ 0 ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-218 Resolution Authorizing Execution of Agreement for Extension of Water and Sewer r.r Districts by Amora, LLC, Eduardo & Lucia Lauria and Robert Tompkins WHEREAS, AMORA is the owner of certain real property located at 114 Old Post Road, Town of Wappinger, Dutchess County, New York, also identified by tax grid # 135689- 6157-04-623465 (hereinafter referred to as the "Aurora Parcel"); and WHEREAS, LAURIA is the owner of certain real property located at 102 Old Post Road, Town of Wappinger, Dutchess County, New York, also identified as tax grid # 135689- 6157-04-625489 (hereinafter referred to as the "Lauria Parcel"); and WHEREAS, TOMPKINS is the owner of certain real property located at 124 Old Post Road, Town of Wappinger, Dutchess County, New York, also identified as tax grid # 135689- 6157-04-630435 (hereinafter referred to as the "Tompkins Parcel"); and WHEREAS, the Tompkins Parcel is located to the immediate south of the Amora Parcel and is adjacent and contiguous thereto; and WHEREAS, the Lauria Parcel is located to the immediate north of the Amora Parcel and is adjacent and contiguous thereto; and WHEREAS, the Town of Wappinger, through the United Wappinger Water District and the United Wappinger Sewer District are the owners of certain water and sewer mains which are located on Old Post Road and are located immediately in front of a parcel owned by MDA Associates (hereinafter referred to as "MDA"), a New York General Partnership, with an address of 134 Old Post Road, Town of Wappinger, Dutchess County, New York, also identified as tax grid # 135689-6157-04-633403; and WHEREAS, the Tompkins Parcel is located to the immediate north of the MDA Parcel and is adjacent and contiguous thereto; and WHEREAS, the MDA Parcel is connected to the municipally owned water and sewer mains; and WHEREAS, AMORA, LAURIA and TOMPKINS are about to or have entered into a "Water and Sewer Easement Agreement" with MDA to connect to the water and sewer lines located within the MDA Parcel, which will permit connection of the Amora, Lauria and Tompkins Parcels to the municipally owned water and sewer mains located in Old Post Road adjacent to the MDA Parcel; and Town of Wappinger Page 12 Printed 8/2712012 Town Board Meeting Minutes August 13, 2012 WHEREAS, the Attorney to the Town, in consultation with the Town Supervisor, Engineer to the Town, and Michael Tremper of Camo Pollution Control, have negotiated the terms and conditions pursuant to which the AMORA, LAURIA and TOMPKINS parcels will be permitted to connect to the water and sewer lines respectively operated by UWWD and UWSD, consistent with Town Codes, Rules and Regulations, all as set forth in the "Agreement for Extension of Water and Sewer Districts" (hereinafter "Extension Agreement"); and WHEREAS, the Town Board members represent that they have each reviewed the aforementioned Extension Agreement, 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 of the Town of Wappinger in its capacity as the governing body of the Town of Wappinger, has reviewed and examined the proposed Extension Agreement between the Town Board of the Town of Wappinger by and on behalf of the United Wappinger Water District and the United Wappinger Sewer District, and Amora, LLC, Eduardo & Lucia Lauria and Robert Tompkins, and concurs with the provisions contained therein, and authorizes the Town Supervisor, Barbara A. Gutzler, to execute the Extension Agreement in the same format as attached hereto and made a part hereof, marked and designated Exhibit "I". The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-218 Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-219 Resolution Accepting Map, Plan & Report for United Wappinger Water District Filtration System Improvements and Meadowwood/Route 9 Water Main Loops WHEREAS, on June 25, 2012 by Resolution 2012-193, the Town Board authorized Morris Associates PLLC to prepare a Map, Plan and Report for necessary improvements to the United Wappinger Water District, specifically including improvements necessary to interconnect the Meadowood Wells to the United Wappinger Water District, to construct a water main loop that will connect to the recently constructed water main service in the Adams Fairacre Farms Project located on Old Post Road in the Town of Wappinger as well as to construct the required filtration systems to the Hilltop Wells and Atlas Wells serving the United Wappinger Water District; and WHEREAS, Morris Associates PLLC has prepared the Map, Plan and Report, authorized by Resolution 2012-193, 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 accepts the Map, Plan and Report entitled "United Wappinger Water District Filtration System Improvements and Meadowwood/Route 9 Water Main Loops, Town of Wappinger, Dutchess County, New York" dated August 2012 and hereby directs the Town Clerk to file a copy of the same in her office in accordance with the provisions of Article 12 of the Town Law. 3. The Town Board hereby directs the Engineer to the Town to prepare a Full Environmental Assessment Form for the above noted project and submit the same to the Town Board so that it may review the proposed action under SEQRA and under WEQRA. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 13 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 ✓ Vote Record - Resolution RES -2012-219 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ 0 Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-220 Resolution Accepting Map, Plan & Report for Replacement of Roberts Road Pump Station WHEREAS, the United Wappinger Sewer District (UWSD) operates the Roberts Road Sewage Pump Station; and WHEREAS, the Engineer to the Town, Morris Associates, PLLC and the Sewer Operator, CAMO Pollution Control, have noted that the pump station is of an obsolete design, is over 20 years old, and is in need of replacement; and WHEREAS, on June 11, 2012 by Resolution 2012-185 the Town Board authorized Morris Associates PLLC to prepare a Map, Plan and Report for the replacement of the Roberts Road Pump Station; and WHEREAS, the Engineer to the Town has determined that it is more cost effective to replace the Roberts Road Pump Station with a gravity sewer main that connects Roberts Road to the sewer main in Rosewood Court; and WHEREAS, Morris Associates PLLC has prepared a map, plan and report, including an estimate of cost pursuant to Section 202-b of the Town Law relating to the increase and improvement of the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York (the "Sewer District"), being the purchase and installation of approximately 800 linear feet of 8" gravity sewer line along with manholes from the existing sewer line by the Roberts Road Pump Station to the existing sewer line located at Rosewood Court in said Sewer District, including land or rights -in -land, original furnishings, ftow equipment, apparatus, appurtenances, and other incidental improvements and expenses in connection therewith, at a maximum estimated cost of $256,000; and WHEREAS, there are sufficient amounts in the unallocated fund balance of the UWSD to pay for installation of the gravity sewer line and removal of the pump station; and WHEREAS, the Town Board determines that this project is a Type II Action as defined by 6 NYCRR 617.5(SEQR) and Chapter 117 of the Code of the Town of Wappinger (WEQR) and, accordingly, the Town Board hereby expressly determines that this is an action that does not require environmental review pursuant to the provisions of either SEQR or WEQR. WHEREAS, the Town Board, by separate Resolution, intends to schedule a Public Hearing in accordance with Section 202-b of the Town Law. 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 accepts the Map, Plan and Report for Replacement of the Roberts Road Pump Station prepared by Morris Associates PLLC dated July 2012, a copy of which is affixed hereto. 3. The Town Board hereby directs the Town Clerk to file in her office the Map, Plan and Report Extension No. 2 to the United Wappinger Water District in accordance with the provisions of Article 12 of the Town Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-224 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ El ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Initiator 0 ❑ ❑ 0 Dated: Wappingers Falls, New York August 13, 2012 Town of Wappinger Page 14 Printed 8/27/2012 TAU/n Rnarri MPptinE Minutes August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-231 Order Calling Public Hearing in the Matter of the Increase and Improvement of the Facilities of the United Wappinger Sewer Districts in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York (the "Sewer District"), by replacing the Roberts Road pump station with the purchase and installation of approximately 800 linear feet of 8" gravity sewer line along with manholes from the existing sewer line by the Roberts Road Pump Station to the existing sewer line located at Rosewood Court in said Sewer District, including land or rights -in -land, original furnishings, equipment, apparatus, appurtenances, and other incidental improvements and expenses in connection therewith, at a maximum estimated cost of $256,000; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to 6 NYCRR 617.5, the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA") and Chapter 117 of the Code of the Town of Wappinger ("WEQRA"), the implementation of which as proposed, such regulations provide will not result in any significant environmental effects and the documentation relating to SEQRA/WEQRA is available in the office of the Town Clerk for inspection during normal office hours; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Sewer District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. Section 1. A public hearing will be held in the Town Hall, 20 Middlebush Road, in ..r Wappingers Falls, New York, in said Town, on September 10, 2012, at 7:30 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. 2. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. 3. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. 4. Section 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-231 Yes/Aye No/Nay Abstain Absent 8 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 10 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. Town of Wappinger Page 15 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 RESOLUTION: 2012-221 Resolution Accepting Cash Security Agreement in Connection with Shamrock Hills Subdivision WHEREAS, by Resolution dated August 22, 2011 the Town Board accepted the roads and other public improvements associated with the Shamrock Hills Subdivision and associated improvements and landscaping constructed in conjunction with the Storm Water Pollution Prevention (SWPP) Plan approved by the Town of Wappinger Planning Board in connection with the approval of the subdivision; and WHEREAS, Toll Land VI Limited Partnership, as owner and developer of the Shamrock Hills Subdivision, posted a Maintenance Agreement dated August 17, 2011, secured by a Surety Bond issued by Hartford Fire Insurance Company, bearing number 39BVSBFUO in favor of the Town of Wappinger in the sum of One Million, Three Hundred Four Thousand Dollars ($1,304,000.00), to guarantee the quality and workmanship of the improvements made in connection with said subdivision, including associated landscaping; and WHEREAS, Toll Land VI Limited Partnership is required to guarantee the quality and workmanship of the roads, sewer system, water system and drainage pipes for a period of one (1) years from the date of acceptance; and WHEREAS, Toll Land VI Limited Partnership is obligated to guarantee the maintenance of the plantings in the drainage basins will be maintained in a vigorous growing condition consistent with the New York State Storm Water Management Design Manual for a period of five (5) years from the date of original acceptance of the work; and WHEREAS, the original Maintenance Agreement posted by Toll Land VI Limited Partnership expires August 17, 2012; and WHEREAS, the Highway Superintendent and the Engineer to the Town have determined that a number of catch basins constructed by Toll Land VI Limited Partnership are in a state of disrepair and need to be reconstructed; and WHEREAS, Toll Land VI Limited Partnership .has agreed to make repairs to the catch basins no later than September 1, 2012 and to post a cash security of Twenty Thousand Dollars ($20,000.00) until June 1, 2013 to guarantee that the repairs to the catch basins will be free from defects, materials and workmanship through June 1, 2013; and WHEREAS, Toll Land VI Limited Partnership has executed a Cash Security Agreement Uwe secured by a cash deposit in the sum of Twenty Thousand Dollars ($20,000000) issued by Hartford Fire Insurance Company in favor of the Town, to guarantee that associated landscaping will be maintained in good operating and working condition and that any landscaping will be maintained in a vigorous growing condition consistent with the New York State Storm Water Management Design Manual, dated October 2001, for a period of five (5) years after acceptance of the work, however, Toll Land VI Limited Partnership reserves the right to apply to the Planning Board to reduce the five (5) year maintenance period for the plantings. 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 accepts the Cash Security Agreement executed by Toll Land VI Limited Partnership, secured by a deposit of Twenty Thousand Dollars ($20,000.00) in the form as annexed hereto and made a part hereof, marked and designated as Exhibit "1 ". 3. The Twenty Thousand Dollar ($20,000.00) cash deposit shall remain on file with the Town of Wappinger through June 1, 2013. 4. The acceptance of the Cash Security Agreement was made on the written assurance that Daniel Zalinsky, Division Senior Vice President of Toll Land VI Limited Partnership, will personally guarantee the obligations set forth in the Cash Security Agreement. 5. The Town Board hereby authorizes the release of the Surety Bond issued by Hartford Fire Insurance Company, bearing number 39BSBFUO and issued in vow favor of the Town of Wappinger in the sum of One Million Three Hundred Four Thousand Dollars ($1,304,000.00) upon receipt of a cash deposit in the sum of Twenty Thousand Dollars ($20,000.00) securing the obligations set forth in the Cash Security Agreement referenced herein. 6. The Town Board hereby authorizes the Town Clerk to release the Surety Bond in the sum of One Million Three Hundred Four Thousand Dollars ($1,304,000.00) posted as security for the Maintenance Agreement dated August 17, 2011, upon receipt of the Cash Security Agreement and cash deposit in the sum of Twenty Thousand Dollars ($20,000.00) securing the obligations set forth in the Cash Town of Wappinger Page 16 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 Security Agreement. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2012-221 Yes/Aye No/Nay .Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ - ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ - - ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter 0 ❑ ❑ ❑ am Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-222 Resolution Accepting and Irrevocable Letter of Credit as Replacement of the Cash Bond Previously Submitted in Connection with the Silver Fox Estates Subdivision WHEREAS, the Town of Wappinger Planning Board received an application from Chris Sallecito for a subdivision of lands more particularly described in a Subdivision Plat entitled Silver Fox Estates, prepared by Lawrence J. Paggi, P.E., last dated September 21, 2011 (the "Project"); and WHEREAS, by Resolution dated June 4, 2012 (the "Approval Resolution"), the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval for the Project subject to certain conditions set forth therein, including, among other things, completion of certain public improvements and provision of security to the Town therefor; and WHEREAS, the Applicant previously deposited with the Town a check in the amount of One Hundred Thirty Thousand dollars and no/100 ($130,000.00) as security for completion of the public improvements as required (the "Original Security"); and WHEREAS, the Applicant previously submitted, and the Town Board accepted, a Performance Agreement and Bond, secured by the Original Security, as a guaranty of Applicant's completion of the public improvements as required by the Approval Resolution and NYS Town Law §277 (the "Original Performance Agreement"); and WHEREAS, the Applicant now desires to substitute and replace the Original Security with an irrevocable letter of credit in the amount of One Hundred Thirty thousand dollars and no/100 ($130,000.00); and WHEREAS, Applicant has offered to the Town Irrevocable Standby Letter of Credit, No. 21207204 from Rhinebeck Bank, having an address at 2 Jefferson Plaza, Poughkeepsie, New York 12601 in favor of the Town of Wappinger, and in the amount of one hundred and thirty thousand dollars and no/100 ($130,000.00) (the "Letter of Credit"); and WHEREAS, the Applicant has offered the Town a new Performance Agreement and Bond to be secured by the Letter of Credit (the "Replacement Performance Agreement") and which shall replace the previously accepted Original Performance Agreement secured by the Original Security; and WHEREAS, Scott L. Volkman, the attorney for the Town, has reviewed the Letter of Credit and has found it to be satisfactory; 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. Rhinebeck Bank Irrevocable Standby Letter of Credit No. 21207204 dated August 8, 2012 in favor of the Town of Wappinger, is hereby accepted as security for the obligations set forth in the Approval Resolution, in the Performance Agreement Now and pursuant to Town Law §277. 3. The Replacement Performance Agreement signed by the Applicant on August 8, 2012 and secured by the Letter of Credit is hereby accepted by the Town Board. 4. The Town Clerk is hereby authorized and directed to return the Original Security in the amount of $130,000, and the Original Performance Agreement, to the Applicant, having been replaced by the Letter of Credit and Replacement Performance Agreement. 5. The Town Clerk is hereby directed to retain the Letter of Credit and Replacement Performance Agreement in her official files until such time as it may be drawn upon or released. Town of Wappinger Page 17 rrineeu oiz lIzu1 Town Board Meeting Minutes August 13, 2012 The foregoing was put to a vote which resulted as follows: • r utc nccoru - Kesoiution KES-2012-222 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Barbara Gutzler William Beale Vincent Bettina Ismay Czamiecki Michael Kuzmicz Voter Voter Initiator Seconder Voter Yes/Aye p 23 p 0 p No/Nay 0 p ❑ ❑ p Abstain ❑ 0 ❑ Absent 0 ❑ ❑ - Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-223 Resolution Authorizing Execution of a Stipulation of Discontinuance and Acceptance of Grant of Permanent Easement for Maintenance of Stormwater Drainage Facilities in Connection with Litigation Commenced Against Mazochi and Howe WHEREAS, the Town of Wappinger brought an action in State of New York, Supreme Court, Dutchess County, against Donald A. Mazochi and Catherine A. Mazochi (hereinafter collectively referred to as "Mazochi") and Richard J. Howe and Theresa C. Howe (hereinafter collectively referred to as "Howe"), property owners on Adams Street, for failure to maintain the contours on their property as required on their approved Final Plot Plans submitted in connection with the construction of single-family residences on their respective properties located on Adams Street in the Town of Wappinger; and WHEREAS, the failure to maintain the approved contours on their respective properties has resulted in an accumulation of water or "ponding" on Adams Street, to the detriment of the Town and neighboring property owners; and WHEREAS, by Resolution dated June 25, 2012, the Town Board authorized a settlement of the aforementioned Supreme Court action, however, two of the Defendants rejected this settlement proposal; and WHEREAS, after much deliberation and negotiation, the Town, Mazochi and Howe have agreed to settle their differences by entering into a Stipulation of Discontinuance, which, among other things, requires Mazochi and Howe to Grant a Permanent Easement for Maintenance of Stormwater Drainage Facilities to the Town which requires both Howe and Mazochi to maintain swales on their respective properties to drain surface and stormwater away from Adams Street to a rivulet located on the Mazochi parcel, which rivulet in turn discharges into Hunter's Creek, and upon the failure of Howe or Mazochi to properly maintain the swales, the Town, or its agents, may enter onto the property of either Howe or Mazochi, as the case may be, to maintain the free flow of surface or stormwater and charge the costs thereof to the respective property owners, in accordance with the terms and conditions as stated in the Stipulation of Discontinuance, a copy of which is attached as Exhibit "A", and in accordance with the Grant of Permanent Easement for Maintenance of Stormwater Drainage Facilities, a copy of which is attached as Exhibit `B". 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, after -weighing all of the facts and circumstances surrounding this matter, that the terms and conditions set forth in the Stipulation of Discontinuance, attached as Exhibit "A", and the terms and conditions of the Grant of Permanent Easement for Maintenance of Stormwater Drainage Facilities, attached as Exhibit `B", are reasonable and acceptable and the Town Board hereby agrees to be bound by the terms and conditions stated therein. 3. The Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, to execute the Stipulation of Discontinuance in the form annexed hereto, marked and designated as Exhibit "A", by and on behalf of the Town of Wappinger and have same filed with the Supreme Court, and the Town Board hereby agrees to be bound by the terms and conditions stated therein. 4. As a condition of the Stipulation of Discontinuance, the Town Board agrees to accept the terms and conditions of the Grant of Permanent Easement for Maintenance of Stormwater Drainage Facilities, in the form attached hereto as Town of Wappinger Page 18 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 X. " XI. Exhibit "B", which Grant of Easement is to be executed by the Defendants Mazochi and the Defendants Howe and recorded in the Dutchess County Clerk's Office as soon as practicable. 5. The Town Board further authorizes Highway Superintendent Graham Foster, or his designee, to negotiate any further terms to the Grant of Permanent Easement for Maintenance of Stormwater Drainage Facilities he deems necessary to facilitate the free flow of surface or stormwater away from Adams Street. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-223 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter Rl ❑ ❑ ❑ ❑ Defeated William Beale Initiator Z ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder a ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter a ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. Items for Special Consideration Councilman Beale Councilman Beale stated that the board received an email from the Town Clerk requesting a transfer of funds. He wanted to know if they needed to act on it right away. Christine Fulton, Town Clerk, stated that it did not have to be acted on right away they can put it into a resolution for the next meeting. He then stated that he would like to review the plans for September 11 ceremony with the Supervisor. New Business Supervisor Gutzler Supervisor Gutzler stated that she was invited by the Sikh Cultural society to attended a candle light vigil on Route 9 and Smithtown Rd to remember the victims of the shooting at the Sikh temple in Wisconsin. She was honored to represent the Town and sends her condolences and support to their community. Councilman Bettina Councilman Bettina thanked Graham Foster, Highway Superintendent, for the traffic slowing device on Chealsea Rd. He also thanked Legislator Incoronato for getting the road on Osborne Hill and Ketchamtown Rd cut down. The county is going to look at it and cut it down. They're have been a lot a accidents there. XII. Executive Session Motion To: go into executive session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Legal Advice Motion To: extend comp time for an employee Supervisor Gutzler stated that the board discussed in executive session the extension of comp time for an employee. Motion moved by Councilman Beale seconded by Kuzmicz all were in favor Town of Wappinger Page 19 Printed 8/2712012 Town Board Meeting Minutes August 13, 2012 MOVER: William Beale, Councilman SECONDER: RESULT: ADOPTED [UNANIMOUS] Gutzler, Beale, Bettina, Czarniecki, Kuzmicz MOVER: William Beale, Councilman Kmart SECONDER: Michael Kuzmicz, Councilman i AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: come out of executive session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz XIII. Town Board Review of Vouchers RESOLUTION: 2012-224 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: 2012 -NN Vendor A (General Townwide) B (General PartTown DB (Highway) HWN (Water Request) Central Hudson $2,762.62 Kmart $142.09 NyComco $126.00 NyComco $1,496.00 Southern Dtc News $900.00 Southern Dtc News $325.89 Sedore & Company $2,396.00 Al Roberts $1,633.50 Al Roberts Al Roberts $33.00 $1,699.50 Al Roberts $5,419.88 $5,753.00 Al Roberts $330.00 Al Roberts $726.00 Al Roberts Al Roberts $280.50 Al Roberts $198.00 Al Roberts $2,832.50 Al Roberts $33.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $17,570.53 Healthquest $65.00 $130.00 $130.00 Mark Price -Petty Cash $107.91 Mark Price $79.94 Bostwick Sales $103.03 EnviroClean $12,383.27 Arkel Motors $32.04 Arkel Motors $16.48 NYS Town Clerk $75.00 Tilcon $2,774.11 Business Autom Sery $1,400.00 David Varco $400.00 David Varco $52.97 Wells Fargo $349.65 Town of Wappinger Page 20 Printed 8/27/20/2 ..r mow Town Board Meeting Minutes August 13, 2012 Town of Wappinger Page 21 Printed 8/27/2012 Aflac Dick's Sporting Goods Stormwater Mgmnt Stormwater Mgmnt Great America Leasing Delta Dental PVE Sheffler $443.78 $580.50 $1,383.02 1$480.75 $1,425.00 $322.10 Totals 1 $14,970.21 $17,566.95 $17,284.87 $17,570.53 Vendor LC (Cameli) LD (Chelsea) LH SU (Hughsonvle) (Wapp United) Central Hudson $80.48 $858.36 $2,456.74 Kmart NyComco NyComco Southern Dtc News Southern Dtc News Sedore & Company Al Roberts Al Roberts $198.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Healthquest ,,,m Mark Price -Petty Cash Mark Price Bostwick Sales EnviroClean Arkel Motors Arkel Motors NYS Town Clerk Tilcon Business Autom Sery David Varco David Varco Wells Fargo Aflac Dick's Sporting Goods Stormwater Mgmnt Stormwater Mgmnt Great America Leasing Delta Dental PVE Sheffler Totals $80.48 $858.36 $2,456.74 $198.00 Vendor WU (Wapp T16 (Aflac) T33 T92 United) (Parkland (Escrow) Trust) Central Hudson Kmart ohm NyComco NyComco Southern Dtc News Southern Dtc News Sedore & Company Al Roberts Al Roberts Al Roberts $33.00 Al Roberts Al Roberts Al Roberts Al Roberts $792.00 Al Roberts Town of Wappinger Page 21 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 Al Roberts Al Roberts Al Roberts AI Roberts Al Roberts Al Roberts Al Roberts Al Roberts Healthquest Mark Price -Petty Cash Mark Price Bostwick Sales EnviroClean Arkel Motors Arkel Motors NYS Town Clerk Tilcon Business Autom Sery David Varco David Varco Wells Fargo Aflac $291.30 Dick's Sporting Goods Stormwater Mgmnt Stormwater Mgmnt Great America Leasing Delta Dental PVE Sheffler Totals $792.00 $291.30 Vendor IT96 Central Hudson Kmart NyComco NyComco Southern Dtc News Southern Dtc News Sedore & Company Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Healthquest Mark Price -Petty Cash Mark Price Bostwick Sales EnviroClean Arkel Motors Arkel Motors NYS Town Clerk Tilcon Business Autom Sery David Varco David Varco $33.00 Pay $6,158.20 $1,237.50 $82.50 $957.00 $1,072.50 $99.00 $3,448.50 Town of Wappinger Page 22 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 Wells Fargo Aflac Dick's Sporting Goods Stormwater Mgmnt Stormwater Mgmnt Great America Leasing Delta Dental PVE Sheffler Totals vw. Vendor Central Hudson Kmart NyComco NyComco Southern Dtc News Southern Dtc News Sedore & Company Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Healthquest Mark Price -Petty Cash Mark Price Bostwick Sales EnviroClean Arkel Motors Arkel Motors NYS Town Clerk Tilcon Business Autom Sery David Varco David Varco Wells Fargo Aflac Dick's Sporting Goods Stormwater Mgmnt •• Stormwater Mgmnt Great America Leasing Delta Dental PVE Sheffler Totals $525.00 $525.00 $76,075.94 Board Hold $142.09 $126.00 $1,496.00 $900.00 $325.89 $2,396.00 $1,633.50 $198.00 $1,765.50 $11,172.88 $330.00 $726.00 $792.00 $280.50 $198.00 $2,832.50 $1,270.50 $82.50 $957.00 $1,072.50 $99.00 $17,570.53 $325.00 $107.91 $79.94 $103.03 $12,383.27 $32.04 $16.48 $75.00 $2,774.11 $1,400.00 $400.00 $52.97 $443.78 $1,425.00 $525.00 $480.75 $49,239.14 1 $17,752.03 35 3 $349.65 $291.30 $580.50 $1,705.12 $9,084.77 5 I, Christine Fulton, 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 August 13, Town of Wappinger Page 23 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 2012, 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 -2012-224 A (General Townwide) B (General PartTown) SU (Wapp United HME (Motor Vehicle CAMO Pollution $600.00 Yes/Aye No/Nay Abstain Absent D Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ El Tabled Ismay Czawiecki Voter D ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Seconder a ❑ ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-225 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: 2012-00 Vendor A (General Townwide) B (General PartTown) SU (Wapp United HME (Motor Vehicle CAMO Pollution $600.00 CAMO Pollution $520.00 Central Hudson $3,947.75 Central Hudson $72.65 Poughkeepsie Jrnl $44.44 Poughkeepsie Jrnl $34.04 Poughkeepsie Jrnl $277.60 Royal Carting $16,711.26 Home Depot $4.91 Home Depot $14.98 Bottini Fuel $680.90 West Payment Center $158.00 Tri Muni Sewer Comm $178,237.50 Aladdin Tent Rental $717.00 Coffee Systems $60.73 Pine Plains Tractor $4.41 Adams Power $126.05 Equipmnt NYSBOC $25.00 Staples $240.25 Comm of Finance $105.71 Brownell Motors $49.78 Cablevision $89.85 Cablevision $284.65 Wells Fargo $369.53 $373.56 Southwest Sand Art $1,600.00 Big Top Portable $78.50 Toilets Big Top Portable $409.50 Toilets Big Top Portable $274.00 Toilets Big Top Portable $234.00 Toilets Big Top Portable $117.00 Toilets Town of Wappinger Page 24 Printed 8/2712012 Town Board Meeting Minutes August 13, 2012 Big Top Portable $58.50 Toilets $105.71 Hudson River Tours $700.00 $89.85 Verizon Wireless $330.58 $496.42 Inter City Tires $129.00 $1,600.00 Inter City Tires $33.58 $78.50 Grassland Equip $394.92 Crystal Clear $2,035.00 $234.00 Mechanical $117.00 Crystal Clear $1,951.86 $700.00 Mechanical Donna Lenhart $12.57 $33.58 Totals $32,793.64 1$1,525.06 Vendor CAMO Pollution CAMO Pollution Central Hudson Central Hudson Poughkeepsie JmI Poughkeepsie Jrnl Poughkeepsie Jrnl Royal Carting Home Depot Home Depot Bottini Fuel West Payment Center Tri Muni Sewer Comm Aladdin Tent Rental Coffee Systems Pine Plains Tractor Adams Power Equipmnt NYSBOC Staples Comm of Finance Brownell Motors Cablevision Cablevision Wells Fargo Southwest Sand Art Big Top Portable Toilets Big Top Portable Toilets Big Top Portable Toilets Big Top Portable Toilets Big Top Portable Toilets Big Top Portable Toilets Hudson River Tours Verizon Wireless Inter City Tires Inter City Tires Grassland Equip Crystal Clear Mechanical Crystal Clear Mechanical Donna Lenhart Pay $3,947.75 $72.65 $680.90 1 $178,237.50 1 $49.78 Board Hold $600.00 $520.00 $44.44 $34.04 $277.60 $16,711.26 $4.91 $14.98 $158.00 $178,237.50 $717.00 $60.73 $4.41 $126.05 Town of Wappinger Page 25 Printed 8/27/20]2 $25.00 $240.25 $105.71 $49.78 $89.85 $284.65 $743.09 $1,600.00 $78.50 $409.50 $274.00 $234.00 $117.00 $58.50 $700.00 $827.00 $129.00 $33.58 $394.92 $2,035.00 $1,951.86 $12.57 Town of Wappinger Page 25 Printed 8/27/20]2 Town Board Meeting Minutes August 13, 2012 Totals $212,605.98 1 $8,245.89 $204,360.09 1 $0.00 8 31 0 I, Christine Fulton, 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 August 13, 2012, 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 -2012-225 A (General Townwide B (General PartTown CBA (Greenway) DB (Highway) Central Hudson $2,511.23 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-226 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: 2012 -PP Vendor A (General Townwide B (General PartTown CBA (Greenway) DB (Highway) Central Hudson $2,511.23 Montfort Brothers $649.26 Verizon $32.42 Empire $2,996.45 $977.81 $9,213.72 Home Depot $23.65 DC Sheriff $4,649.25 $14,244.81 James Baisley $1,335.00 MVP $21,966.49 $5,840.80 $17,649.37 MVP Gold $3,689.40 NYS Unemployment $4,538.38 Brady's Power Equip $108.60 Frederick Clark $6,516.18 Frederick Clark Frederick Clark Frederick Clark Frederick Clark Frederick Clark Frederick Clark Baright Enterprises $3.50 $24.50 $3.50 CSEA $2,626.18 Troncillito Brothers $700.00 NYSBOC $25.00 Dutchess Metal Supply Village of Fishkill Hillman Signs $1,634.40 Hillman Signs $153.30 Hudson Riv Trk Equip Justice Court Fund $22,334.75 Tilcon $1,469.87 Grainger $79.98 Dan Barry $180.50 EJ Prescott Town of Wappinger Page 26 Printed 8/27/2012 now Town Board Meeting Minutes August 13, 2012 Vendor Telvent HWN (Water WF $606.00 (Mech Equip) Wells Fargo $327.56 (Wapp $13,187.98 Home Depot Mad Science United) $800.00 James Baisley Poland Springs $137.97 MVP $45,456.66 MVP Gold WB Mason $5.87 $16.58 $4,538.38 Empire Hudson River Valley $4,055.00 Home Depot Tours DC Sheriff Hannafords $34.72 James Baisley Hopewell Auto Parts MVP Hudson Valley Cedar 1$292.00 NYS Unemployment Totals 1 $68,006.64 1$28,445.68 1$2,079.70 $33,921.98 Brady's Power Equip Vendor HME HWN (Water WF WU (Mech Equip) Request) (Fleetwood) (Wapp $13,187.98 Home Depot United) Central Hudson James Baisley Montfort Brothers MVP $45,456.66 MVP Gold Verizon $3,689.40 NYS Unemployment $4,538.38 Empire Home Depot DC Sheriff James Baisley MVP MVP Gold NYS Unemployment Brady's Power Equip Frederick Clark Frederick Clark $3,673.50 Frederick Clark Frederick Clark Frederick Clark Frederick Clark Frederick Clark Baright Enterprises CSEA Troncillito Brothers NYSBOC Dutchess Metal Supply $50.00 Village of Fishkill $7,264.45 Hillman Signs Hillman Signs Hudson Riv Trk Equip $350.00 Justice Court Fund Tilcon Grainger Dan Barry EJ Prescott $1,471.32 Telvent Wells Fargo Mad Science Poland Springs WB Mason Hudson River Valley Tours Hannafords Hopewell Auto Parts $67.25 Hudson Valley Cedar Totals $467.25 $3,673.50 $7,264.45 $1,471.32 Vendor T92 Pay (Escrow) Central Hudson $2,511.23 Montfort Brothers Verizon $32.42 Empire $13,187.98 Home Depot DC Sheriff James Baisley MVP $45,456.66 MVP Gold $3,689.40 NYS Unemployment $4,538.38 Brady's Power Equip Town of Wappinger Page 27 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 Frederick Clark Board Frederick Clark Montfort Brothers Frederick Clark $24,006.60 Frederick Clark $1,709.50 Frederick Clark $1,934.50 Frederick Clark $729.00 Frederick Clark $1,333.50 Baright Enterprises MVP CSEA MVP Gold Troncillito Brothers NYS Unemployment NYSBOC Brady's Power Equip Dutchess Metal Supply Frederick Clark Village of Fishkill Frederick Clark Hillman Signs Frederick Clark Hillman Signs Frederick Clark Hudson Riv Trk Equip Frederick Clark Justice Court Fund Frederick Clark Tilcon Frederick Clark Grainger Baright Enterprises Dan Barry CSEA EJ Prescott Troncillito Brothers Telvent NYSBOC Wells Fargo Dutchess Metal Supply Mad Science Village of Fishkill Poland Springs Hillman Signs WB Mason Hillman Signs Hudson River Valley Tours Hannafords Hopewell Auto Parts Hudson Valley Cedar Totals 1 $29,713.10 Vendor Board Central Hudson Montfort Brothers $649.26 Verizon Empire Home Depot $23.65 DC Sheriff $18,894.06 James Baisley $1,335.00 MVP MVP Gold NYS Unemployment Brady's Power Equip $108.60 Frederick Clark $6,516.18 Frederick Clark Frederick Clark $24,006.60 Frederick Clark Frederick Clark Frederick Clark Frederick Clark Baright Enterprises $31.50 CSEA Troncillito Brothers $700.00 NYSBOC $25.00 Dutchess Metal Supply $50.00 Village of Fishkill Hillman Signs $1,634.40 Hillman Signs $153.30 Hudson Riv Trk Equip I $350.00 $175,043.62 Hold $3,673.50 $1,709.50 $1,934.50 $729.00 $1,333.50 $2,626.18 $7,264.45 $22,334.75 $327.56 $101,969.01 10 Town of Wappinger Page 28 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 Justice Court Fund Tilcon Grainger Dan Barry EJ Prescott Telvent Wells Fargo Mad Science Poland Springs WB Mason Hudson River Valley Tours Hannafords Hopewell Auto Parts Hudson Valley Cedar Totals $1,469.87 $79.98 $180.50 $1,471.32 $606.00 $800.00 $137.97 $22.45 $4,055.00 $34.72 $67.25 $292.00 $63,694.61 1 $9,380.00 $73,074.61 26 5 I, Christine Fulton, 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 August 13, 2012, 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 -2012-226 A (General Townwide B (General PartTown DB (Highway) T14 (All State) Camo Pollution $25.00 Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter R ❑ ❑ ❑ ❑ Defeated Marshall & Sterling $4,142.80 ❑ Tabled Vincent Bettina Initiator RI ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter RI ❑ ❑ ❑ Pine Bush Equip Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-227 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: 2012-00 Vendor A (General Townwide B (General PartTown DB (Highway) T14 (All State) Camo Pollution $25.00 Camo Pollution $25.00 Camo Pollution $42.00 Central Hudson $40.45 Central Hudson $41.44 Central Hudson $511.46 Marshall & Sterling $4,142.80 Poughkeepsie Jrnl $82.64 Southern Dtc News $88.88 Bottini Fuel $2,822.27 Pine Bush Equip $138.11 Anaconda Sports $1,406.00 Victor Fanuele $20.54 Chemung Supply $2,230.00 M. Price -Petty Cash $13.74 Adams Power Equip $14.05 Town of Wappinger Page 29 Printed 8/27/20/2 Town Board Meeting Minutes August 13, 2012 NY Tech Supply T33 (Parklnd Trst) T98 (Friends of Carnwath Craig Bova Tilcon Staples $327.90 Staples $93.99 Staples $66.26 S & S Worldwide $2,175.31 Snap On Tools CDW-G $220.00 R. Costa All State Paetec $603.51 $25.16 AI Casella $31.57 Dutchess ProPoint $29.80 Heena Palwala $55.00 Friends of Carnwath Helen Wiejaczkza $30.00 Diana Aguilar $30.00 Christine Taylor $150.00 Mercedes Ordonez $45.00 Olowatosin Gidado $45.00 Christine Kidd $30.00 Valerie Luppino $30.00 Jeff Polanco $30.00 Louis Romasco $30.00 Lynne Volkmann 1$30.00 Totals 1$6,658.86 1 $3,873.64 All State Vendor T33 (Parklnd Trst) T98 (Friends of Carnwath Camo Pollution Camo Pollution Camo Pollution Central Hudson Central Hudson Central Hudson Marshall & Sterling Poughkeepsie Jrnl Southern Dtc News Bottini Fuel Pine Bush Equip Anaconda Sports Victor Fanuele Chemung Supply M. Price -Petty Cash Adams Power Equip NY Tech Supply Craig Bova Tilcon Staples Staples Staples S & S Worldwide Snap On Tools CDW-G R. Costa $4,575.00 All State Paetec Al Casella Dutchess ProPoint Heena Palwala Friends of Carnwath $500.00 $46.50 $5.00 $3,833.70 $73.50 $809.28 149.08 1 $809.28 Town of Wappinger Page 30 Printed 8/27/2012 Town Board Meeting Helen Wiejaczkza Diana Aguilar Christine Taylor Mercedes Ordonez Olowatosin Gidado Christine Kidd Valerie Luppino Jeff Polanco Louis Romasco Lynne Volkmann Totals Vendor Camo Pollution Camo Pollution Camo Pollution Central Hudson Central Hudson Central Hudson Marshall & Sterling Poughkeepsie Jrnl Southern Dtc News Bottini Fuel Pine Bush Equip Anaconda Sports Victor Fanuele Chemung Supply M. Price -Petty Cash Adams Power Equip NY Tech Supply Craig Bova Tilcon Staples Staples Staples S & S Worldwide Snap On Tools CDW-G R. Costa All State Paetec Al Casella Dutchess ProPoint Heena Palwala Friends of Carnwath Helen Wiejaczkza Diana Aguilar Christine Taylor Mercedes Ordonez Olowatosin Gidado Christine Kidd Valerie Luppino Jeff Polanco Louis Romasco Lynne Volkmann Totals Minutes 575.00 $500.00 $25,565.86 Pay Board Hold $25.00 $25.00 $42.00 $40.45 $41.44 $511.46 $4,142.80 $82.64 $88.88 $2,822.27 $138.11 $1,406.00 $20.54 $2,230.00 $13.74 $14.05 $46.50 $5.00 $3,833.70 $327.90 $93.99 $66.26 $2,175.31 $73.50 $220.00 $4,575.00 $809.28 $628.67 $31.57 $29.80 $55.00 $500.00 $30.00 $30.00 $150.00 $45.00 $45.00 $30.00 $30.00 $30.00 $30.00 $30.00 $5,828.57 $19,737.29 $0.00 17 25 0 August 13, 2012 I, Christine Fulton, 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 August 13, 2012, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is Town of Wappinger Page 31 Printed 8/27/2012 Minutes Town Board Meeting Department for payment. hereby authorized to submit such claims to the Accounting p The foregoing was put to a vote which resulted as follows: Vote Reeord - Resolution► RES -2Q12-227 p Adopted Barbara Gutzler ❑ Adopted as Amended William Beale ❑ Defeated Vincent Bettina ❑ Tabled Ismay Czarniecki ❑ Withdrawn Michael Kuz=icz_ Dated: Wappingers Falls, New York August 13, 2012 August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-228 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: 2012 -RR Vendor Yes/Aye No/ ay Abstain Absent (General (General (Highway) ❑ Voter 0 ❑ ❑ Request) Voter $78.02 ❑ ❑ ❑ Initiator 0 ❑ Voter 013p ❑ ❑ Central Hudson $377.92 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-228 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: 2012 -RR Vendor A B DB HWN (General (General (Highway) (Water Townwide PartTown) Request) Central Hudson $78.02 Central Hudson $34.65 Central Hudson $77.91 Central Hudson $377.92 Central Hudson $3,130.11 DC Div of Aging $1,406.25 Home Depot $101.91 Bottini Fuel $899.23 Aladdin Tent Rental $717.00 Brady's Power Equip $59.99 Mark Price -Petty Cash $40.00 Mark Price -Petty Cash $112.48 Staples $75.55 Staples $23.78 Zee Medical $72.05 Atlas Star $41.04 Cablevision $89.85 WB Mason $95.12 Duality Inc. $1,508.75 CDW-Govermmnt $152.33 Big Top Port Toilets $215.50 Big Top Port Toilets $351.00 Morris Associates $3,774.14 $1,617.51 $3,234.95 Morris Associates Morris Associates Morris Associates Morris Associates $1,372.00 Morris Associates Morris Associates Morris Associates $39,545.30 Morris Associates Sam's Club $489.47 Totals $13,496.23 $1,985.34 $4,666.94 $39,545.30 Vendor SU (Wapp WU T92 T96 United) (Wapp (Escrow) (Escrow) Town of Wappinger Page 32 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 United) Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson DC Div of Aging Home Depot Bottini Fuel Aladdin Tent Rental Brady's Power Equip Mark Price -Petty Cash Mark Price -Petty Cash Staples Staples Zee Medical Atlas Star Cablevision WB Mason Duality Inc. CDW-Govermmnt Big Top Port Toilets Big Top Port Toilets Morris Associates $8,017.84 Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Sam's Club Totals $8,017.84 Vendor Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson DC Div of Aging Home Depot Bottini Fuel Aladdin Tent Rental Brady's Power Equip Mark Price -Petty Cash Mark Price -Petty Cash Staples Staples Zee Medical Atlas Star Cablevision WB Mason Duality Inc. CDW-Govermmnt Big Top Port Toilets Big Top Port Toilets Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Sam's Club $2,658.96 $3,151.00 $989.00 $116.00 $8,751.50 $828.00 $805.00 $276.00 $27.60 $2,658.96 $13,955.10 $989.00 Pay $78.02 $34.65 $77.91 $377.92 $3,130.11 $899.23 $41.04 $89.85 Board $1,406.25 $101.91 $717.00 $59.99 $40.00 $112.48 $75.55 $23.78 $72.05 $95.12 $1,508.75 $152.33 $215.50 $351.00 $22,454.40 $2,200.00 $489.47 Hold $989.00 $116.00 $8,751.50 $805.00 $39,545.30 $276.00 $27.60 Town of Wappinger Page 33 Printed 8127/2012 Town Board Meeting Minutes August 13, 2012 Totals $85,314.71 $4,728.73 $30,075.58 $50,510.40 8 17 7 I, Christine Fulton, 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 August 13, 2012, 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: 0 Adopted A (General Townwide) AM (Transcare) Yes/Aye No/Nay Abstain Absent El Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ 0 0 ❑ Tabled Vincent Bettina Initiator 0 0 0 ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ 0 Signal Graphics Michael Kuzmicz Seconder 0 ❑ ❑ 0 J Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-229 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: 2012 -SS Vendor A (General Townwide) AM (Transcare) B (General PartTown CBA (Greenway) CAMO Pollution CAMO Pollution CAMO Pollution Poughkeepsie Jrnl $62.12 Southern Dtc News $61.45 Signal Graphics $85.85 Signal Graphics $312.50 Signal Graphics $115.11 Wapp Central Sch Dis $1,417.50 Mid Hudson Fasteners West Publishing $249.48 West Publishing $127.20 First Unum Life $263.38 $60.78 Carquest Pine Plains Tractor $7.92 Arkel Motors Adams Power Equip $39.05 Adams Power Equip $101.57 Don Seifts Don Seifts Village of Wapp Falls Williams Lumber $552.31 DC Town Clerk $60.00 Perma $21,707.36 $6,783.55 Hud Riv Truck Equip $17.75 Tilcon Staples $41.96 Reserve Acct $4,500.00 Fishkill Plains Garage Wells Fargo $168.97 Wells Fargo $435.00 Gellert & Klein $1,666.50 Town of Wappinger Page 34 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 Vendor CAMO Pollution CAMO Pollution CAMO Pollution Poughkeepsie JmI Southern Dtc News Signal Graphics Signal Graphics Signal Graphics Wapp Central Sch Dis Mid Hudson Fasteners West Publishing West Publishing First Unum Life Carquest Pine Plains Tractor Arkel Motors Adams Power Equip Adams Power Equip Don Seifts Don Seifts Village of Wapp Falls Williams Lumber DC Town Clerk Perma Hud Riv Truck Equip Tilcon Staples Reserve Acct Fishkill Plains Garage Wells Fargo Wells Fargo Gellert & Klein Gellert & Klein Gellert & Klein Transcare Town of East Fishkill C & C Hydraulics C & C Hydraulics Northeastern Cash Reg Big Top Portable Big Top Portable Fredrick Awino Inter City Tire DC Mass Transit Airport Vet Center Airport Vet Center Grassland Hopewell Auto Parts Hopewell Auto Parts Totals Vendor DB (Highway) $280.04 $162.08 $440.45 $108.40 $206.77 $100.00 $105,823.38 $147.00 $33.00 $527.66 $622.56 HNC (Cider Mill) $1,076.28 SF SM (Mid (Fleetwood) Point) $8,150.00 $9,666.67 $108,451.34 $1,076.28 $8,150.00 $9,666.67 SU SW WF WH Town of Wappinger Page 35 Printed 8/27/2012 Gellert & Klein $313.50 Gellert & Klein $4,398.75 Transcare $32,916.66 Town of East Fishkill $100.00 C & C Hydraulics C & C Hydraulics Northeastern Cash $95.00 Reg Big Top Portable $78.50 Big Top Portable $58.50 Fredrick Awino $150.96 mom Inter City Tire $83.74 DC Mass Transit $13,915.00 Airport Vet Center $2,609.00 Airport Vet Center $343.00 Grassland $122.13 Hopewell Auto Parts $61.85 Hopewell Auto Parts $61.94 Totals $51,719.30 1 $32,916.66 1 $9,197.38 $312.50 Vendor CAMO Pollution CAMO Pollution CAMO Pollution Poughkeepsie JmI Southern Dtc News Signal Graphics Signal Graphics Signal Graphics Wapp Central Sch Dis Mid Hudson Fasteners West Publishing West Publishing First Unum Life Carquest Pine Plains Tractor Arkel Motors Adams Power Equip Adams Power Equip Don Seifts Don Seifts Village of Wapp Falls Williams Lumber DC Town Clerk Perma Hud Riv Truck Equip Tilcon Staples Reserve Acct Fishkill Plains Garage Wells Fargo Wells Fargo Gellert & Klein Gellert & Klein Gellert & Klein Transcare Town of East Fishkill C & C Hydraulics C & C Hydraulics Northeastern Cash Reg Big Top Portable Big Top Portable Fredrick Awino Inter City Tire DC Mass Transit Airport Vet Center Airport Vet Center Grassland Hopewell Auto Parts Hopewell Auto Parts Totals Vendor DB (Highway) $280.04 $162.08 $440.45 $108.40 $206.77 $100.00 $105,823.38 $147.00 $33.00 $527.66 $622.56 HNC (Cider Mill) $1,076.28 SF SM (Mid (Fleetwood) Point) $8,150.00 $9,666.67 $108,451.34 $1,076.28 $8,150.00 $9,666.67 SU SW WF WH Town of Wappinger Page 35 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 CAMO Pollution CAMO Pollution CAMO Pollution Poughkeepsie Jrnl Southern Dtc News Signal Graphics Signal Graphics Signal Graphics Wapp Central Sch Dis Mid Hudson Fasteners West Publishing West Publishing First Unum Life Carquest Pine Plains Tractor Arkel Motors Adams Power Equip Adams Power Equip Don Seifts Don Seifts Village of Wapp Falls Williams Lumber DC Town Clerk Perma Hud Riv Truck Equip Tilcon Staples Reserve Acct Fishkill Plains Garage Wells Fargo Wells Fargo Gellert & Klein Gellert & Klein Gellert & Klein Transcare Town of East Fishkill C & C Hydraulics C & C Hydraulics Northeastern Cash Reg Big Top Portable Big Top Portable Fredrick Awino Inter City Tire DC Mass Transit Airport Vet Center Airport Vet Center Grassland Hopewell Auto Parts Hopewell Auto Parts Totals Vendor CAMO Pollution CAMO Pollution CAMO Pollution Poughkeepsie JmI Southern Dtc News Signal Graphics Signal Graphics Signal Graphics Wapp Central Sch Dis Mid Hudson Fasteners West Publishing West Publishing First Unum Life Carquest Pine Plains Tractor Arkel Motors Adams Power Equip Adams Power Equip Don Seifts Don Seifts Village of Wapp Falls Williams Lumber (United (Wildwood) (Fleetwood) (Watch Hill) Wapp) $55,750.00 $13,116.67 $2,233.33 $1,541.67 $1,296.38 $57,046.38 $13,116.67 $2,233.33 $1,541.67 WT (Tall WU (Wapp T33 T92 Trees) United) (Parkland (Escrow) Trst) $2,908.33 $66,500.00 Town of Wappinger Page 36 Printed 8/27/2012 Town of Wappinger Page 37 Printed 812712012 August 13, 2012 Town Board Meeting Minutes DC Town Clerk $1,356.71 Perma Hud Riv Truck Equip $281.42 Tilcon Staples Reserve Acct Fishkill Plains Garage Wells Fargo Wells Fargo Gellert & Klein $826.73 Gellert & Klein Gellert & Klein Transcare Town of East Fishkill "" C & C Hydraulics C & C Hydraulics Northeastern Cash Reg Big Top Portable Big Top Portable Fredrick Awino Inter City Tire DC Mass Transit Airport Vet Center Airport Vet Center Grassland Hopewell Auto Parts Hopewell Auto Parts $2,908.33 $67,856.71 $281.42 $826.73 Totals Pay Board Hold Vendor $86,683.34 CAMO Pollution $73,183.33 CAMO Pollution $1,076.28 CAMO Pollution $62.12 Poughkeepsie Jrnl Southern Dtc News $61.45 Signal Graphics $85.85 Signal Graphics $312.50 ir.. Signal Graphics $115.11 Wapp Central Sch Dis $1,417.50 Mid Hudson Fasteners $280.04 West Publishing $249.48 West Publishing $127.20 First Unum Life $486.24 $440.45 Carquest $7.92 Pine Plains Tractor $108.40 Arkel Motors Adams Power Equip $39.05 Adams Power Equip $101.57 $206.77 Don Seifts $100.00 Don Seifts $1,296.38 Village of Wapp Falls Williams Lumber $552.31 DC Town Clerk $60.00 Perma $135,671.00 Hud Riv Truck Equip $17.75 $281.42 Tilcon $41.96 Staples Reserve Acct $4,500.00 woo* Fishkill Plains Garage $147.00 Wells Fargo $168.97 Wells Fargo $435.00 Gellert &Klein $1,699.50 $1,140.23 Gellert &Klein $4,398.75 Gellert & Klein Transcare $32,916.66 Town of East Fishkill $100.00 C & C Hydraulics $527.66 Town of Wappinger Page 37 Printed 812712012 Town Board Meeting Barbara Gutzler Voter Minutes C & C Hydraulics August 13, 2012 Northeastern Cash Reg $622.56 Big Top Portable $95.00 Big Top Portable $78.50 Fredrick Awino $58.50 Inter City Tire $150.96 DC Mass Transit $83.74 Airport Vet Center $13,915.00 Airport Vet Center $2,609.00 Grassland $343.00 Hopewell Auto Parts $122.13 Hopewell Auto Parts $61.85 Totals $61.94 ...r $367,301.37 $174,177.87 $193,123.50 $0.00 Seconder 6 43 0 I, Christine Fulton, 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 August 13, 2012, 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: 0 Adopted ❑ Adopted as Amended Barbara Gutzler Voter Yes ye 0 No/Na -Y Abstain Absent ❑ Defeated William Beale Voter 0 O 0 ❑ ❑ ❑ Tabled Vincent Bettina Initiator p ❑ ❑ 0Poughkeepsie ❑ Withdrawn Ismay Czamiecki Voter 0 $109.36 ❑ ❑ $16,743.19 Michael Kuzmicz Seconder p ❑ ❑ ❑ ❑ Town of Fishkill Sedore & Company ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-230 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: 2012 -TT Vendor A DB H4 WN (Highway) (Water Sunoly $685.00 $1,025.00 $1,188.00 Town of Wappinger Page 38 Printed 8/27/2012 EMI al wn Central Hudson .31 Central Hudson fGenera' t Central Hudson NyComCo 0Poughkeepsie Jrnl Reardon Briggs $109.36 Royal Carting $16,743.19 Southern Dtc News $95.47 Town of Fishkill Town of Fishkill Sedore & Company $2,396.00 James Baisley James Baisley Corbin Excavating Al Roberts Al Roberts Al Roberts $2,134.50 Al Roberts $1,831.50 DB H4 WN (Highway) (Water Sunoly $685.00 $1,025.00 $1,188.00 Town of Wappinger Page 38 Printed 8/27/2012 EMI vs. Town Board Meeting ►I Roberts ►I Roberts ►I Roberts ►I Roberts 0 Roberts d Roberts d Roberts d Roberts ki Roberts kI Roberts kI Roberts =nviro Clean krkel Motors krkel Motors (Villiams Lumber Justice Court Fund Filcon Nells Fargo Ulac )urants Party Rental 3tormwater Mgmnt 3tormwater Mgmnt 3tormwater Mgmnt 3reat America _easing )elta Dental Joe Johnson Equip 4merican AED rotais Vendor Central Hudson Central Hudson Central Hudson NyComCo Poughkeepsie Jrnl Reardon Briggs Royal Carting Southern Dtc News Town of Fishkill Town of Fishkill Sedore & Company James Baisley James Baisley Corbin Excavating Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Enviro Clean Arkel Motors Arkel Motors Williams Lumber Justice Court Fund Tilcon Wells Fargo Aflac Durants Party Rental Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Town of Wappinger Minutes $66.00 $2,095.50 $247.50 $3,945.15 $4,863.69 $759.00 $17,285.00 $369.53 $373.56 $125.70 $1,825.00 $580.50 $1,383.02 $322.10 $283.98 $45.335.85 $16,001.33 LC LD $83.97 $905.26 Page 39 $32,922.02 $1,515.21 $283.41 $51.44 $1,811.81 1$117.08 August 13, 2012 $5,701.88 $7,687.03 .97 1 $13,388.91 LH SH $2,595.69 $4,622.54 Printed 8/27/2012 Town Board Meeting Minutes August 13, 2012 Great America Leasing T33 (Parkland Trst T92 (Escrow) T96 (Escrow) Central Hudson Delta Dental Central Hudson Joe Johnson Equip Central Hudson American AED NyComCo Totals $83.97 $905.26 $2,595.69 $4,622.54 Vendor SU (Wapp WH WU (Wapp T16 (Aflac) United) (Watch Hill) United) Central Hudson Town of Fishkill Central Hudson Sedore & Company Central Hudson James Baisley NyComCo James Baisley Poughkeepsie Jrnl Corbin Excavating Reardon Briggs Royal Carting Southern Dtc News Town of Fishkill Town of Fishkill $2,834.37 Sedore & Company James Baisley James Baisley Corbin Excavating Al Roberts $3,241.90 Al Roberts $660.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $231.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Enviro Clean Arkel Motors Arkel Motors Williams Lumber Justice Court Fund Tilcon Wells Fargo Aflac $291.30 Durants Party Rental Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Great America Leasing Delta Dental Joe Johnson Equip American AED Totals $891.00 $2,834.37 $3,241.90 $291.30 Vendor T33 (Parkland Trst T92 (Escrow) T96 (Escrow) Central Hudson Central Hudson Central Hudson NyComCo Poughkeepsie Jrnl Reardon Briggs Royal Carting Southern Dtc News Town of Fishkill Town of Fishkill Sedore & Company James Baisley James Baisley Corbin Excavating Al Roberts Town of Wappinger Page 40 Printed 8/27/2012 Now TMAin Rnarrl MPPtinL Minutes Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts AI Roberts $16.50 Al Roberts Al Roberts $1,996.50 Al Roberts $5,511.00 Al Roberts $33.00 Al Roberts $132.00 Al Roberts Enviro Clean Arkel Motors Arkel Motors Williams Lumber Justice Court Fund Tilcon Wells Fargo Aflac Durants Party Rental Stormwater Mgmnt Stormwater Mgmnt $25.00 Stormwater Mgmnt $550.00 Great America Leasing Delta Dental Joe Johnson Equip American AED Totals 1$16.50 1$7,697.50 $550.00 Pay $6,520.23 Board Hold Vendor Central Hudson Central Hudson $172.70 Central Hudson $169.92 NyComCo $126.00 Poughkeepsie Jrnl $98.00 Reardon Briggs $109.36 Royal Carting $16,743.19 Southern Dtc News $95.47 Town of Fishkill $4,622.54 Town of Fishkill $2,834.37 Sedore & Company $2,396.00 James Baisley $685.00 James Baisley $1,025.00 Corbin Excavating $1,188.00 Al Roberts $3,241.90 Al Roberts $660.00 Al Roberts $2,134.50 Al Roberts $1,831.50 Al Roberts $66.00 Al Roberts $2,095.50 Al Roberts $247.50 Al Roberts $231.00 Al Roberts $8,825.34 Al Roberts $5,701.88 Al Roberts $2,755.50 Al Roberts $5,511.00 Al Roberts $33.00 Town of Wappinger Page 41 August 13, 2012 $138,055.09 rrintea ai. iiz vi z Town Board Meeting Al Roberts Al Roberts Enviro Clean Arkel Motors Arkel Motors Williams Lumber Justice Court Fund Tilcon Wells Fargo Aflac Durants Party Rental Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Great America Leasing Delta Dental Joe Johnson Equip American AED I, Christine Fulton, 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 August 13, 2012, 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: 0 Adopted Minutes August 13, 2012 Yes/Aye $132.00 $7,687.03 Absent $32,922.02 Barbara Gutzler $1,515.21 0 p $283.41 ❑ Defeated $51.44 William Beale $17,285.00 0 p ❑ $1,811.81 ❑ Tabled $743.09 Vincent Bettina Initiator $291.30 ❑ ❑ 0 $125.70 Ismay Czarniecki $1,825.00 0 ❑ $25.00 ..n $550.00 $580.50 0 ❑ $1,705.12 $117.08 $283.98 $34,924.77 $83,515.41 $19,614.91 10 29 6 I, Christine Fulton, 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 August 13, 2012, 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: 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 p ❑ ❑ Defeated William Beale Voter 0 p ❑ 0 ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ Dated: Wappingers Falls, New York August 13, 2012 The Resolution is hereby duly declared adopted. XIV. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz aujuulucu at 1 V:JGYlvl Christine Fu n Town Clerk Town of Wappinger Page 42 Printed 8/27/2012