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2012-09-10 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes — Christine Fulton 845-297-5771 Monday, September 10, 2012 7:30 PM Town Hall I. Call to Order Attendee Name Organization Barbara Gutzler Town of Wappinger William Beale Town of Wappinger Vincent Bettina Town of Wappinger Ismay Czarniecki Town of Wappinger Michael Kuzmicz Town of Wappinger Al Robert Town of Wappinger Bob Gray Town of Wappinger David Stolman Town of Wappinger Salute to the Flag Title Status Arrived Supervisor Present Councilman Present Councilman Present Councilwoman Present Councilman Present Attorney to the Town Present Engineer to the Town Present Town Planner Present A. Suspend the Rules Motion To: Suspend the Rules for the Purpose of a Presentation The Town Board presented Patricia "Trish" Maupin with a plaque for her 25 years of service as the Receiver of Taxes. Councilman Beale read the plaque. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: return from the suspension of the rules RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Vincent Bettina, Councilman Ismay Czarniecki, Councilwoman Gutzler, Beale, Bettina, Czarniecki, Kuzmicz III. Adoption of Agenda Motion To: add Resolution 2012-250 and 2012-251 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: adopt the agenda RESULT: ADOPTED [UNANIMOUS] .. MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Town of Wappinger Page I Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 IV. Correspondence Log V. RESOLUTION: 2012-232 Resolution Authorizing 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 -2012-232 ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Yes/Aye No/Nay Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator ❑ Accepted as Amended ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Voter ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. Minutes Approval Monday, August 13, 2012 Vote Record - Acceptance of Minutesfor August 13, 2012 7:30 PM ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Public Portion Motion To: open the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Public Comment Supervisor Gutzler opened the floor to the public. The first resident to speak was Mary Schmalz. She questioned if the United Wappinger Water Extension would be paid for in its entirety, including the engineering fees and pipes. She also questioned if New York was paying for the pipe to Chealsea as well as the pipe under the Hudson River. Supervisor Gutzler stated that the one going under the river was not part of the project. Ms. Schmalz then questioned if there was a drought who would get the water first the town or New York City. Supervisor Gutzler stated that all would be supplied, that there is the enough capacity for the supply. She added that at this point the town is in good shape. Councilman Beale stated that after the meeting the board would be happy to discuss the item more. He added that the extension will give the town an additional option for water, more water to choose from then ever before. Supervisor Gutzler added that they are working on getting the Meadowood wells on line also. They will add tremendous capacity and it is her goal to get them on line within the next year. Bob Gray, Engineer to the Town, stated that every year they do an audit of the Town's water supply and its capacity is based on a drought yield. The next resident to speak was Richard Tallman. He was concerned with the 800 foot extension of the Roberts Road pump station. He wondered if there were any plans to make that easement a connection road between Rosewood and Roberts Rd. Supervisor Gutzler stated Town of Wappinger Page 2 Printed 911912012 Town Board Meeting Minutes September 10, 2012 none what so ever. They are just replacing the pump station with a gravity feed line. Motion To: close public portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VII. Public Hearings Motion To: open the public hearing There were no comments. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 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 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) Town of Wappinger Page 3 Printed 9/19/2012 AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DEPOSE AND SAY: That on the 16th day of August, 2012, I caused to be posted on the official signboard NOON maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of Public Hearing which was a part of an Order adopted by the Town Board of said Town on August 13, 2012. A true and correct copy of such Notice of Hearing is attached hereto. Town Clerk Sworn to before me this A� day of August, 2012. 0 OtWy Yublic MEV,PA L ROOMM Neta y. TnW,Stote of 1Ve -Vwk tt% No. 91R0613s3M Drt¢hesef Copnty My COMMOeion Expires July 18,,,V13 SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/0 TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 uw� Re: Legal notice ##87661 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 on 08/29/12. i worn to before this 29th day of August, 2012 NANCY IiYDUq Notary Public, State of NEW YORK No. OIHY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION IW OTICE OFUBLICHEARING OTICE IS HEREBI IVEN that the Towr oard of the Town oappinger, Dutchess ounty, New York, wil meet In the Town Hall, In Wappingers Falls, New York, in said Town, on September 10, 2012, at 7:30 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certaln map, .plan . and report, including an es- timate of cost, in rela tion to the proposed in- crease and Im- er Sewer DI said Town, t purchase and 800 linear h oravity sewer sewer line iocateo at Rosewood Court in said Sewer Distrlct, Includ. ing land or rights -In land, original fumish- ings, equipment, appa- ratus, appurtenances, -and other incidentaHm- provements and ex.. penses in connegdon l therewith at a maxi- mum estimated cost of 5256,000. This project has been determined to be - a are avallaDie Tor inspec- tion at the Office of the Town Clerk where they may be inspected dur,l Ing normal business hours. At said public hearing said Town Board will hear all persons inter- ested in the subject matter thereof. Dated:Wappingers Falls, New York,. August 15, 2012. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK Town Clerk 7399 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 .rrr 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 29th day of Aug. 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. t ZSuribedorn to befo me thsday the ye of2012 Notary My commission expires 4 / V/ `Zb ROSE ANN SIMPSON Notary Public, State of New York No. 01 S16215893 Qualified in Dutchess County Commission Expires January 4, 2014 Town Board Meeting Minutes September 10, 2012 RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VIII. Discussions A. Presentation: ECHO Cottages adult housing Supervisor Gutzler introduced Bob Novak, a representative, of ECHO cottages. Mr. Novak gave a presentation to the board explaining what ECHO Cottages are. The cottages are designed for the elderly or handicapped person in need of care for a short period of time. The cottages are rented and brought to the resident's property, set up and removed when no longer needed. They are cheaper than assistant living facilities. He stated that some towns are working on language to pass zoning. David Stolman stated that the town already had the language in the comprehensive plan in regards to ECHO housing. He read the code. Mr. Novak fielded questions from the board. Councilman Beale questioned if it was permitted in all districts. Mr. Stolman stated that it is permitted in all districts as long as the lots are conforming. Councilman Beale stated that he would be supportive of any changes to the code to better facilitate this. Councilman Bettina stated that the fact that the master plan was worked on for a long time and it is already in there is a good thing. He thanked Mr. Stolman for thinking of it. Mr. Stolman stated that it had been in there for a long time but that a mobile home is not permitted. Mr. Novak stated that the wording would have to be changed. B. Highway Superintendent: Transfer of Funds Supervisor Gutzler stated that the Highway Superintendent sent a memo requesting a transfer of funds. Motion To: Transfer Funds for Highway blacktop ... _................... RESULT: ADOPTED [UNANIMOUS] MOVER: Barbara Gutzler, Supervisor SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz C. Recreation: Transfer of Funds Supervisor Gutzler stated that the recreation director sent a memo requesting a transfer of funds from magazine subscriptions and miscellaneous to A7620.404 to cover the Poughkeepsie Journal subscription. All board members were in favor of the transfer. D. Justice Court: Permission to attend conference Motion To: allow the attendance of conference RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czamiecki, Kuzmicz E. Refund of Water Bill Penalty iamb Supervisor Gutzler stated that she received a letter requesting a refund of the late fee on the water bill. She stated that it is her recommendation that they do not waive the fee. The policy has been consistent. The board was in favor of not waiving the fee. Town of Wappinger Page 4 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 F. Waiver of 30 day liquor license for Fresco Motion To: waive the 30 day waiting period for the liquor license. RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz IX. Resolutions RESOLUTION: 2012-233 Public Interest Order in the Matter of the Increase and Improvement of the Facilities of the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York has duly 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 proposed increase and improvement of the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York, (the "Sewer District") consisting of 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 incidental improvements and expenses in connection therewith, at a maximum estimated cost of $256,000; and WHEREAS, at a meeting of said Town Board duly called and held on August 13, 2012, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of the facilities of the United Wappinger Sewer District, in said Town at a maximum estimated cost of $256,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Wappingers Falls, New York, in said Town, on September 10, 2012 at 7:30 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York, consisting of 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 incidental improvements and expenses in connection therewith, at a maximum estimated cost of $256,000 Section 2. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-233 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ as William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Voter 0 ❑ ❑ ElEl El Withdrawn Ismay Czarniecki Initiator 21 ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. Town of Wappinger Page 5 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 RESOLUTION: 2012-234 Resolution Accepting Petition and Map, Plan & Report for Extension of the United Wappinger Sewer District on Behalf of Amora, LLC, Eduardo & Lucia Lauria and Robert Tompkins WHEREAS, Amora, LLC (Aurora), Eduardo & Lucia Lauria (Lauria), Robert Tompkins (Tompkins) and the Town of Wappinger (hereinafter the "Town") have previously entered into an Agreement for the Extension of Water and Sewer Districts by Agreement dated August 30, 2012; and WHEREAS, pursuant to the aforementioned Agreement, Amora, Lauria and Tompkins have submitted to the Town pursuant to Article 12 of the Town Law a Petition for an extension of the United Wappinger Sewer District, to be known as Extension No. 2 to the United Wappinger Sewer District; and WHEREAS, Morris Associates Engineering Consultants, PLLC, has prepared a Map, Plan and Report last dated July 2012, for the United Wappinger Sewer District Extension, a copy of which is attached to the Petition; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board determines that the acceptance of the Petition and accompanying Map, Plan and Report qualifies as an engineering study and is a Type II action pursuant to 6 NYCRR 617.5(c)(18). 3. The Town Board hereby accepts the Petition for the Extension of the United Wappinger Sewer District submitted by Aurora, Lauria and Tompkins, known as UWSD Extension Number 2 and determines that the petition 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. 4. The Town Board hereby accepts the Map, Plan and Report for Extension No. 2 to the United Wappinger Sewer District prepared by Morris Associates Engineering Consultants, PLLC, last dated July 2012, a copy of which is affixed to the Petition. 5. The Town Board hereby directs the Town Clerk to file in her office the Petition to= with annexed Map, Plan and Report for the proposed Extension No. 2 to the United Wappinger Sewer District in accordance with the provisions of Article 12 of the Town Law. 6. The Town Board hereby directs the Engineer to the Town and the Attorney to the Town to provide the Petition and Map, Plan and Report to any other agencies for purposes of receiving the necessary approvals for UWSD Extension No. 2. 7. 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 United Wappinger Sewer 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 -2012-234 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ 11 Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ El Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 9/1912012 Town Board Meeting Minutes September 10, 2012 RESOLUTION: 2012-235 A Resolution Determining the Environmental Non -Significance Under the State Environmental Quality Review Law of Proposed Extension No. 2 of the United Wappinger Sewer District WHEREAS, Amora, LLC (Aurora), Eduardo & Lucia Lauria (Lauria), Robert Tompkins (Tompkins) and the Town of Wappinger (hereinafter the "Town") have previously entered into an Agreement for the Extension of Water and Sewer Districts by Agreement dated August 30, 2012; and WHEREAS, pursuant to the aforementioned Agreement, Amora, Lauria and Tompkins have submitted the Town pursuant to Article 12 of the Town Law a Petition for an extension of the United Wappinger Sewer District, to be known as Extension No. 2 to the United Wappinger Sewer District; and WHEREAS, Morris Associates Engineering Consultants, PLLC, has prepared a Map, Plan and Report last dated July 2012, for the United Wappinger Sewer District Extension, a copy of which is attached to the Petition; and WHEREAS, by Resolution the Town Board has accepted the Petition for Extension No. 2 of the UWSD, which includes the Map Plan and Report; and WHEREAS, a Short Environmental Assessment Form has been prepared for the Project; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the Action is subject to SEQR. 3. The Town Board hereby determines that Extension No. 2 of the United Wappinger Sewer District is an unlisted action under the SEQRA regulations found at 6 NYCRR Part 617 and it hereby declares itself as lead agency for purposes of an uncoordinated review. 4. The Town Board hereby determines that the Action does not involve a Federal agency, and does not involve other agencies. 5. The Town Board hereby finds and determines that: a) it has considered the Action, reviewed the full environmental assessment form, reviewed the criteria set forth in 6 NYCRR section 617.7(c), thoroughly analyzed the relevant areas of potential environmental concern, and has duly considered all of the potential project environmental impacts and their magnitude in connection with the proposed Action; b) Extension No. 2 of the UWSD will not result in any large and important environmental impacts, and, therefore, is one which will not have a significant impact on the environment; and c) the reasons supporting this determination are set forth on the attached Notice of Determination of Non -Significance with respect to this project (a copy of which said form is on file in the Office of the Town Clerk of the Town of Wappinger). 6. The Town Board, as Lead Agency with reference to the above-described project, hereby: a) adopts a negative declaration pursuant to 6 NYCRR section 617.7 with respect to the project, b) authorizes the Supervisor of the Town of Wappinger to sign a negative declaration determination of non -significance with respect to the project, and c) directs the Town Clerk to file a copy of said negative declaration determination of non -significance in the records of the Town. 7. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-235 Adopted Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter R1 ❑ ❑ ❑ ❑ Adopted as Amended ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ 111:1 ❑ Withdrawn Ismay Czarniecki Initiator - CEJ ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 9/19/2012 wi Town Board Meeting Minutes September 10, 2012 RESOLUTION: 2012-236 Order Calling Public Hearing in the Matter of the Establishment of Extension No. 2 to the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York WHEREAS, Amora LLC ("Amora"), Robert Tompkins ("STS Tire"), and Eduardo Lauria and Lucia Lauria ("Lauria") (hereinafter collectively, the "Applicants") have previously entered into an agreement amongst themselves calling for the construction, installation and extension of sewer collection lines to be connected to sewer mains owned and operated by the United Wappinger Sewer District (the "District") by Agreement dated August 30, 2012 and arm WHEREAS, a written petition (the "Petition") has been duly filed by the Applicants with the Town Board of the Town of Wappinger, Dutchess County, New York (the "Town"), in relation to the establishment of a proposed sewer district extension, to be known as Extension No. 2 to the United Wappinger Sewer District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the following: purchase and installation of 8 -inch gravity sewer collection mains for connection to the existing District sewer main located near the junction of Route 9 and Old Post Road and, including a pump station, and original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $35,000; and WHEREAS, the cost of said improvements shall be paid by the owners of the property in said Extension and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is now $15,000 (Amora), $3,000 (STS Tire) and $4,800 (Lauria), none being typical, and $-0- to a one or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property in said Extension therein is $3,760.63 (Amora), $3,760.63 (STS Tire) and $1,938.37 (Lauria), none being typical, in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and $0 to a one or two family house therein, there being none; and WHEREAS, a detailed explanation of the manner by which were computed said estimated first-year costs to the typical property has been filed in the office of the Town Clerk where the same are available during regular office hours by any person interested therein for examination by any person interested in the subject manner thereof, and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and Chapter 117 of the Code of the Town of Wappinger, and a short Environmental Assessment Form has been prepared in connection therewith and is on file in the office of the Town Clerk where it may be inspected during regular office hours by any person interested therein, and it has been determined that said capital project will not result in any significant adverse environmental effects; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of said Extension, the petition therefore, and the improvements proposed therefore, all pursuant to Section 193 of the Town Law; mom NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. Section 2. The Town Board hereby accepts the Petition for an extension of the United Wappinger Sewer District as proposed in the aforementioned Petition, which is Petition was duly signed by Amora LLC, Robert Tompkins, and Eduardo Lauria (the "Applicants"), and further acknowledges receipt of the aforesaid map, plan and report for an extension to the United Wappinger Sewer District to provide sewer service to the aforementioned parcels owned by the Applicants located on Old Post Road in the Town of Wappinger, a copy of which map, plan and report is affixed to the Petition, and which is on file in the office of the Town Clerk. Town of [Vappinger Page 8 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 Section 3. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 10th day of October, 2012, at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of a sewer district extension in said Town as described in the preambles hereof, to be known as Extension No. 2 to the United Wappinger Sewer District, the petition therefore, and the improvements proposed therefore, and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 4. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the official newspaper(s) of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 5. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2012-236 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-237 Resolution Accepting Petition and Map, Plan & Report for Extension of the United =40 Wappinger Water District on Behalf of Amora, LLC, Eduardo & Lucia Lauria and Robert Tompkins WHEREAS, Amora, LLC (Aurora), Eduardo & Lucia Lauria (Lauria), Robert Tompkins (Tompkins) and the Town of Wappinger (hereinafter the "Town") have previously entered into an Agreement for the Extension of Water and Sewer Districts by Agreement dated August 30, 2012; and WHEREAS, pursuant to the aforementioned Agreement, Amora, Lauria and Tompkins have submitted a Petition to the Town for an extension of the United Wappinger Water District, to be known as Extension No. 3 to the United Wappinger Water District; and WHEREAS, Morris Associates Engineering Consultants, PLLC, has prepared a Map, Plan and Report last dated July 2012, for the United Wappinger Water District Extension, a copy of which is attached to the Petition; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board determines that the acceptance of the Petition and accompanying Map, Plan and Report qualifies as an engineering study and is a Type II action pursuant to 6 NYCRR 617.5(c)(18). 3. The Town Board hereby accepts the Petition for the Extension of the United Wappinger Sewer District submitted by Amora, Lauria and Tompkins, known as UWWD Extension Number 3 and determines that the petition 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. 4. The Town Board hereby accepts the Map, Plan and Report for Extension No. 3 to the United Wappinger Water District prepared by Morris Associates Engineering Consultants, PLLC, last dated July 2012, a copy of which is affixed to the Petition. The Town Board hereby directs the Town Clerk to file in her office the Petition with annexed Map, Plan and Report for the proposed UWWD Extension Number 3 in accordance with the provisions of Article 12 of the Town Law. Town of Wappinger Page 9 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 6. The Town Board hereby directs the Engineer to the Town and the Attorney to the Town to provide the Petition and Map, Plan and Report to any other agencies for purposes of receiving the necessary approvals for UWWD Extension No. 3. 7. 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 United Wappinger 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 -2012-237 Yes/Aye No/Nay Abstain Absent 8 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder RI ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-238 A Resolution Determining the Environmental Non -Significance Under the State Environmental Quality Review Law of Proposed Extension No. 3 of United Wappinger Water District WHEREAS, Amora, LLC (Aurora), Eduardo & Lucia Lauria (Lauria), Robert Tompkins (Tompkins) and the Town of Wappinger (hereinafter the "Town") have previously entered into an Agreement for the Extension of Water and Sewer Districts by Agreement dated August 30, "' 2012; and WHEREAS, pursuant to the aforementioned Agreement, Amora, Lauria and Tompkins have submitted to the Town pursuant to Article 12 of the Town Law a Petition for an extension of the United Wappinger Water District, to be known as Extension No. 3 to the United Wappinger Water District; and WHEREAS, Morris Associates Engineering Consultants, PLLC, has prepared a Map, Plan and Report last dated July 2012, for the United Wappinger Water District Extension, a copy of which is attached to the Petition; and WHEREAS, by Resolution the Town Board has accepted the Petition for Extension No. 3 of the UWWD, which includes the Map Plan and Report; and WHEREAS, a Short Environmental Assessment Form has been prepared for the Project; NOW, THEREFORE, BE IT RESOLVED, as follows: 1) The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2) The Town Board hereby determines that the Action is subject to SEQR. 3) The Town Board hereby determines that Extension No. 3 of the United Wappinger Water District is an unlisted action under the SEQRA regulations found at 6 NYCRR Part 617 and it hereby declares itself as lead agency for purposes of an uncoordinated review. 4) The Town Board hereby determines that the Action does not involve a Federal agency, and involves the New York State Department of Environmental Conservation which needs to issue a water supply permit. 5) The Town Board hereby finds and determines that: a) it has considered the Action, reviewed the full environmental assessment form, reviewed the criteria set forth in 6 NYCRR section 617.7(c), thoroughly analyzed the relevant areas of potential environmental concern, and has duly considered all of the potential project environmental impacts and their magnitude in connection with the proposed Action; b) Extension No. 3 of the UWWD will not result in any large and important environmental impacts, and, therefore, is one which will not have a significant impact on the environment; and c) the reasons supporting this determination are set forth on the attached Notice Town of Wappinger Page 10 Printed 9/19/2012 Town Board Meeting Minutes Sentemher in gni9 of Determination of Non -Significance with respect to this project (a copy of which said form is on file in the Office of the Town Clerk of the Town of Wappinger). 6) The Town Board, as Lead Agency with reference to the above-described project, hereby: a) adopts a negative declaration pursuant to 6 NYCRR section 617.7 with respect to the project, b) authorizes the Supervisor of the Town of Wappinger to sign a negative declaration determination of non -significance with respect to the project, and c) directs the Town Clerk to file a copy of said negative declaration determination of non -significance in the records of the Town. 7) This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-238 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter p ❑ ❑ Defeated William Beale Seconder ❑ ❑ Tabled Vincent Bettina Voter p p ❑ Withdrawn Ismay Czarniecki Initiator D ❑ ❑ ❑ Michael Kuzmicz Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUT[ON: 2012-239 Order Calling Public Hearing in the Matter of the Establishment of Extension No.3 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York WHEREAS, Amora LLC ("Amora"), Robert Tompkins ("STS Tire"), and Eduardo Lauria and Lucia Lauria ("Lauria") (hereinafter collectively, the "Applicants") have previously entered into an agreement amongst themselves calling for the construction, installation and extension of service lines to be connected to water lines owned and operated by the United Wappinger Water District (the "District") by Agreement dated August 2012 and WHEREAS, a written petition (the "Petition") has been duly filed by the Applicants with the Town Board of the Town of Wappinger, Dutchess County, New York (the "Town"), in relation to the establishment of a proposed water district extension, to be known as Extension No. 3 to the United Wappinger Water District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the following: purchase and installation of 4 -inch water distribution mains for connection to the existing District water main located near the junction of Route 9 and Old Post Road, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $35,000; and WHEREAS, the cost of said improvements shall be paid by the owners of the property in said Extension and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $10,000 (Aurora), $2,000 (STS Tire) and $3,200 (Lauria), none being typical, and $-0- to a one or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property in said Extension therein is $1,443.09 (Aurora), $745.13 (STS Tire) and $659.40 (Lauria), none being typical, in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and $0 to a one or two family house therein, there being none; and Town of Wappinger Page 11 Printed 9/1912012 Town Board Meeting Minutes September 10, 2012 WHEREAS, a detailed explanation of the manner by which were computed said estimated first-year costs to the typical property has been filed in the office of the Town Clerk where the same are available during regular office hours by any person interested therein for examination by any person interested in the subject manner thereof, and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and Chapter 117 of the Code of the Town of Wappinger, and a short Environmental Assessment Form has been prepared in connection therewith and is on file in the office of the Town Clerk where it may be inspected during regular office hours by any person interested therein, and it has been determined that said capital project will not result in any significant adverse environmental ..� effects; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of said Extension, the petition therefore, and the improvements proposed therefore, all pursuant to Section 193 of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. Section 2. The Town Board hereby accepts the Petition for an extension of the United Wappinger Water District as proposed in the aforementioned Petition, which is Petition was duly signed by Amora LLC, Robert Tompkins, and Eduardo Lauria (the "Applicants"), and further acknowledges receipt of the aforesaid map, plan and report for an extension to the United Wappinger Water District to provide water service to the aforementioned parcels owned by the Applicants located on Old Post Road in the Town of Wappinger, a copy of which map, plan and report is affixed to the Petition, and which is on file in the office of the Town Clerk. Section 3. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the day of October 09, 2012, at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of a water district extension in said Town as described in the preambles hereof, to be known as Extension No. 3 to the United Wappinger Water District, the petition therefore, and the improvements proposed therefore, and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter �. thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 4. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the official newspaper(s) of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 5. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-239 Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter Z ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 10 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Voter R1 ❑ ❑ ❑ Michael Kuzmicz Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-240 Resolution Authorizing Application for Grant to Justice Court Assistant Program WHEREAS, the Town of Wappinger Justice Court is eligible for a grant from the State of New York Unified Court System through the Justice Court Assistance Program; and WHEREAS, Town of Wappinger Justices Carl S. Wolfson and Heather L. Kitchen, and the Town of Wappinger Justice Court Chief Clerk, Cheryl Hait, have recommended an Town of Wappinger Page 12 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 application for such a grant be made; and WHEREAS, Justice Carl S. Wolfson and Chief Clerk Cheryl Hait have prepared an application to the Justice Court Assistance Program Grant in the form attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes application to be made on behalf of the Town of Wappinger Justice Court pursuant to the Justice Court Assistance Program for a grant to cover the costs of purchasing seven (7) computers, a printer, a photocopier, a flat screen monitor with DVD, and three (3) hands free telephone head sets. 3. The Town Board authorizes said application to be signed by Supervisor Barbara snow Gutzler as well as Town Justice Carl S. Wolfson, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-240 " 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ 11❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-241 Resolution Authorizing Refund of Unused Escrow for Cranberry Hills Subdivision Account 08-5138) WHEREAS, on or about January 8, 2008, Lester Greenberg, an authorized representative of Wappingers RE, LLC, (hereinafter the "Applicant") filed an application for Subdivision Approval under Application Number 08-5138; and WHEREAS, on or about January 8, 2008, the Applicant deposited Fifty -Two Thousand, Five Hundred Dollars ($52,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, the project has been withdrawn by the Applicant by letter dated August 14, 2012; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Forty -Nine Thousand, One Hundred Ninety -Four and 70/100 Dollars ($49,194.70) remains in escrow account number 08-5138 and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount due to the Applicant. 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 a refund to the Applicant in the amount of Forty -Nine Thousand, One Hundred Ninety -Four and 70/100 Dollars ($49,194.70) in escrow account number 08-5138, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-241 0 Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter 0 ❑ ❑ 11El Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ El Defeated ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Initiator 0 ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Town of Wappinger Page 13 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-242 Resolution Authorizing Transfer of Funds to Town Clerk General Code Budget Line to Cover Costs Associated with Codification of Local Laws WHEREAS, Christine Fulton, Town Clerk, by email to Barbara Gutzler, a copy of sum which is affixed hereto, requested a transfer of funds to Town Clerk General Code budget line item A1410.404 to cover costs associated with the codification of local laws. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the amount of $2,340.00 to be transferred from budget line item A1620.450 to Town Clerk General Code budget account A1410.404 to pay the costs associated with the codification of local laws. 3. The Town Board further authorizes the Supervisor for calendar year 2012 to transfer up to $2,500.00 from budget line item A1620.450 to A1410.404 to pay code publishers for any additional costs associated with updating the Town Code whenever the Town Board adopts new Town Codes or amends existing Code provisions. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-242 Yes/Aye No/Nay Abstain Absent D Adopted Barbara Gutzler Voter D ❑ ❑ ❑ ❑ Adopted as Amended Beale Voter D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Vincent Voter Z ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-243 Resolution Authorizing Refund of Escrow Posted in Connection with Spooge, Inc. Site Plan (Account 11-0134) WHEREAS, in connection with the completion of improvements required by the Resolution of Site Plan Approval for Spooge, Inc., an escrow deposit in the total sum of Three Thousand Dollars ($3,000.00) was posted with the Town of Wappinger under escrow account 11-0134 to ensure the installation of the wrought iron fence and enclosed dumpster; and WHEREAS, the escrow of Three Thousand Dollars ($3,000.00) was posted One Thousand, Five Hundred Dollars ($1,500.00) by Michael Witkowski, an officer of Spooge, Inc., and One Thousand, Five Hundred Dollars ($1,500.00) by Thomas Brickner, a contractor for Spooge, Inc.; and WHEREAS, a site inspection on July 20, 2012, conducted by Susan Dao, Building Inspector, confirmed that the improvements required by the Site Plan have in fact been completed and met the specifications set forth in the Site Plan; and WHEREAS, Michael Witkowski and Thomas Brickner have each requested the return of their portion of the escrow each as posted. 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 a refund of the escrow posted in connection with the Spooge, Inc. Site Plan as follows: One Thousand, Five Hundred Dollars ($1,500.00) to Michael Witkowski from escrow account number 11- 0134; and One Thousand, Five Hundred Dollars ($1,500.00) to Thomas Brickner from escrow account number 11-0134; and Town of Wappinger Page 14 Printed 9119/2012 Town Board Meeting Minutes September 10, 2012 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-243 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ 0 ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ 0 0 Michael Kuzmicz Initiator 0 ❑ 0 Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-244 Order Calling Public Hearing in the Matter of the Establishment of Extension No. 2 to the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York WHEREAS, New York City owns and its Department of Environmental Protection ("DEP") operates New York City's water supply system, which provides, on average, 1 billion gallons of high quality drinking water to the residents of New York City and other municipalities; and WHEREAS, New York City's drinking water is supplied by three (3) primary aqueducts, one of which is the Delaware aqueduct which passes through the Town of Wappinger after transversing approximately 600 feet below the Hudson River; and WHEREAS, DEP has identified two leaks in a section of the Delaware Aqueduct and has undertaken a project to address the leaks to assure the long term sustainability of its ability to supply water to New York City; and WHEREAS, the aqueduct repair project is known as the "Water for the Future" Project ("WFF Project") which involves, among other things, the construction of a bypass tunnel that will cross underneath the Hudson River and continue through portions of the Town of Wappinger, Dutchess County, New York (the "Town"); and WHEREAS, as a component of the WFF Project, DEP will construct a new shaft on the an" eastern side of the Hudson River on New York City property located in the Hamlet of Chelsea in said Town and otherwise referred to as the "Chelsea Shaft 6B Site" located at the Hudson River on River Road North in the Town of Wappinger; and WHEREAS, for the construction of the bypass tunnel and the new Shaft 6B, DEP will require approximately 169,200 gallons of water per day commencing in the fall of 2013; and WHEREAS, in the future, the Town expects that it will need to provide a source of good quality water to the Chelsea Hamlet area geographically to the south of the proposed Extension No. 2, where many of the residents are located on small parcels that currently use individual well sources that have become unreliable; and WHEREAS, DEP proposes to contract with the Town for the construction of a 12 inch water main utilizing the water facilities of the United Wappinger Water District (the "District"); and WHEREAS, after the conclusion of the WFF Project, the water main can be used to supply water to the residents of the Chelsea Hamlet area as well as other residents of the Town of Wappinger along the pipeline route in future extensions to the United Wappinger Water District which residents cannot be served simultaneously with the WFF Project due to constraints in water supply and therefore cannot be benefitted by the Extension herein described; and WHEREAS, the Town and DEP have entered into. an Agreement in Principal, outlining the terms and conditions pursuant to which the Town of Wappinger will construct a 12 inch water main from the point of connection with the District water system located near Route 9 and Old Hopewell Road to the Chelsea Shaft 6B Site, each in said Town; and WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed water —� district extension, to be known as Extension No. 2 to the United Wappinger Water District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report accompanying each part and together constituting the map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and Town of Wappinger Page 15 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the following: purchase and installation of 12 -inch water distribution mains for connection to the existing District water main located at the junction of Route 9 and Old Hopewell Road and extending approximately 20,000 linear feet through to Wheeler Hill Road and then southward to Carnworth Farms to the Chelsea Shaft 6B Site located in the Hamlet of Chelsea, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $9,000,000; and WHEREAS, the cost of said improvements shall be paid by the owner of the property in boom said Extension and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension having a sole parcel being the Chelsea Shaft 6B Site is $-0-, and $-0- to a one or two family home therein, there being none; and WHEREAS, the estimated cost of said Extension to the typical property in said Extension therein having a sole parcel being the Chelsea Shaft 6B Site is $99,150 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and $0 to a one or two family house therein, there being none; and WHEREAS, a detailed explanation of the manner by which were computed said estimated first-year costs to the typical property has been filed in the office of the Town Clerk where the same are available during regular office hours by any person interested therein for examination by any person interested in the subject manner thereof; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (SEQRA); and WHEREAS, the Town Board has caused the preparation of a full EAF to be prepared in connection therewith, which is on file in the Office of the Town Clerk where it may be inspected during regular office hours by any person interested therein; and WHEREAS, the Town Board has declared itself to be Lead Agency for the purposes of SEQRA review; and WHEREAS, the Town Board has not made a Determination of Significance pursuant to ._ SEQRA, and hereby reserves the right to made such Determination after the conclusion of the Public Hearing hereinafter established; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of said Extension, the petition therefore, and the improvements proposed therefore, all pursuant to Section 193 of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 9th day of October, 2012, at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of a water district extension in said Town as described in the preambles hereof, to be known as Extension No. 2 to the United Wappinger Water District, the petition therefore, and the improvements proposed therefore, and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the official newspaper(s) of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than �• twenty days before the day set for the hearing as aforesaid. Section 3. This Order shall take effect immediately. Town of Wappinger Page 16 Printed 911912012 Town Board Meeting Minutes September 10, 2012 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-244 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czamiecki Voter 0 0 ❑ p Michael Kuzmicz Seconder 0 0 ❑ El Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-245 Resolution Establishing Town Board as Lead Agency for State Environmental Quality Review (SEQR) of Type I Action Extension of United Wappinger Water District to NYC DEP and Chelsea Hamlet WHEREAS, the Town Board of the Town of Wappinger has entered into an Agreement in Principle with the New York City Department of Environmental Protection to prepare design plans and specifications and a Map, Plan and Report for the United Wappinger Water District water main extension to the NYCDEP Shaft 6 parcel on River Road; and WHEREAS, the extension of the water district and construction of the water main are subject to compliance with the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder at 6 NYCRR, Part 617 (SEQR); and WHEREAS, the Town Board has caused to be prepared Part 1 of a Full Environmental Assessment Form; WHEREAS, by Resolution 2012-184, the Town Board authorized the circulation of notices of its intent to serve as lead agency for the proposed action; and WHEREAS, no agencies have responded to the circulated notices; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the Action is subject to SEQR and establishes itself as Lead Agency for coordinated review of the action pursuant to 6 NYCRR 617.6. 3. After comparing the thresholds contained in 6 NYCRR 617.4 and 5, the Town Board hereby determines that Extension No. 2 of the United Wappinger Water District to the NYC DEP Parcel and to the Chelsea Hamlet is a Type 1 action under the SEQRA regulations found at 6 NYCRR Part 617. 4. The Town Board shall defer its determination of significance until the October 9, 2012 meeting. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-245 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ 11 Michael Kuzmicz Voter 0 ❑ ❑ El Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-250 Resolution Rejecting Bids and Authorizing the Solicitation of New Bids in Connection with the Challenger Little League Field Project WHEREAS, Gregory W. Bolner, P.E., is the design engineer for the Wappinger Town of Wappinger Page 17 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 Challenger Field for calendar year 2012; and WHEREAS, on behalf of the Town of Wappinger, Gregory W. Bolner, P.E. solicited bids for additional construction work at the Challenger Field located at the Robinson Lane Recreation Fields; and WHEREAS, all the bids that were received exceeded the available budget appropriations; and WHEREAS, the Town Board hereby wishes to reject all bids and to solicit bids fora reduced scope of work at the Challenger Field. 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 rejects all bids received for work at the Challenger Field located at the Robinson Lane Recreation Complex which bids were opened on August 21, 2012. 3. The Town Board hereby authorizes Gregory W. Bolner, P.E. to produce a reduced scope of work for the Challenger Field and to advertise for bids for such reduced scope of work as set forth in the "ADVERTISEMENT FOR BIDS" attached as Exhibit "A" hereto. 4. The Town Board hereby directs the Town Clerk to post the "ADVERTISEMENT FOR BIDS" in the form annexed hereto as Exhibit "A" and to publish same in the Southern Dutchess News and the Poughkeepsie Journal as required by law, said publications to commence on or before September 19, 2012 in furtherance of a bid opening on October 10, 2012. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-250 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 September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-251 Resolution Commemorating Patricia "Trish" Maupin's 25 Years of Service WHEREAS, Patricia "Trish" Maupin has dutifully served as Receiver of Taxes for the Town of Wappinger for 25 years; and WHEREAS, the Town Board wishes to acknowledge, commemorate and thank her for her 25 years of exemplary and outstanding service to the Town. 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 formally acknowledges and recognizes Patricia "Trish" Maupin for her 25 years of dutiful service to the Town of Wappinger as Receiver of Taxes. To commemorate and recognize this achievement, the Town Board hereby presents her with a plaque engraved with the words: "Present to Patricia "Trish" Maupin In recognition of her 25 years of service to the Residents of the Town of Wappinger. With our gratitude and thanks! September, 2012" Town of Wappinger Page 18 Printed 9/19/2012 Town Board Meeting Minutes September 10. 2012 U XI. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2012-251 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder p ❑ ❑ p ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ p Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. Items for Special Consideration A. Bond Maintenance Report Supervisor Gutzler stated that Bond maintenance will be added to the agenda on a monthly basis. Al Roberts, Attorney to the Town, stated that in the past the report has been part of the correspondence log. There is one item that has been problematic. BRH subdivision is a 3 lot subdivision, which is off of Ech Rd. The bond needs to be renewed. If it is not renewed it will have to be called. He has reached out to Mr. Barger, who has been ill, but he will need the Supervisors authorization to call the bond. Bob Gray, Engineer to the Town, added he would reach out to Mr. Barger again. Supervisor Gutzler stated that the Bond Maintenance Report will be a separate item and will be available in the board's packets if they have any questions. Councilman Beale asked about the site restoration bonds. Al Roberts stated that he believed they were all under control. Councilman Beale questioned if resolutions need to be past to release them. Al Roberts stated that Villa Borghese may be one needs a resolution. New Business Councilman Kuzmicz Councilman Kuzmicz requested Steve Frazier, Building and Grounds Supervisor to update the board on Martz Field. There has been damage to the tennis courts do to skateboarding. Mr. Frazier stated that he met with the Town Engineer, Bob Gray and a contractor to assess the cracks in the old tennis courts. The repairs would cost about $9,800.00. When he was cleaning it, he found that the old courts are damaged by skateboards and bicycles. Councilman Kuzmicz question if there was any way to prevent the damage being done. Mr. Frazier stated he ordered new signage that is more specific then what is there. He spoke with Sergeant Begor who stated that without passing a local law they would not be able to issue citations. Councilman Kuzmicz stated that the law is something that should be consider. Al Roberts, Attorney for the Town, stated that the board does have the right to establish the use of town property which could be done by motion and posting of signs. In order to invoke a fine or civil sanction then a local law will have to be passed. Councilman Beale question if the town patrols really wants to write tickets to twelve year olds riding their bikes around. Councilman Kuzmicz stated that the offenders would be able to be escorted off the property. Mr. Frazier added that his concern was repeat offenders. He has tried to talk to them and have not gotten a very good response. Al Roberts stated that the board could adopt a motion prohibiting the use of the tennis courts. Councilman Kuzmicz stated that he would like to make the motion. All were in favor. Discussion continued. Motion To: post signs stating that the Town Board prohibits the use of the town tennis courts for anything other than tennis play. Specifically prohibits its use for skateboarding, roller- skating, roller hockey or any other activities that could damage the surface of the tennis courts. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Town of Wappinger Page 19 Printed 9/19/2012 Town Board Meetinp, Minutes September 10, 2012 Motion To: allow the recreation department to post signs at the tennis courts ..................................... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Councilman Kuzmicz then asked Mr. Frazier to continue with his next item for discussion. Mr. Frazier stated that a few weeks ago he sent a memo to the board looking to replace a back pack blower that was stolen from the town truck. He needs board approval to replace the blower. He explained that it is a basic piece of equipment that any grounds maintenance crew needs. Councilman Kuzmicz questioned how much it costs. Mr. Frazier stated that it was about $350.00 and that he does have that amount in his budget line. Councilman Beale questioned how bad the item was needed. Mr. Frazier stated that there were three basic tools needed to do grounds maintenance, a mower, string trimmer, and a back pack blower. Supervisor Gutzler stated that she spoke to Mr. Frazier previously and he preferred not to come before the board. She suggested talking to the town board and that he knows her feeling. Mr. Frazier stated that he did not get enough of a response from the memo. She questioned who responded. Councilman Beale stated he responded. That as long as it was a necessary item and there was money in the budget; he didn't have a problem with it. Councilman Bettina questioned if a report was filed. Mr. Frazier stated a report was filed and it falls under the insurance deductible. Councilwoman Czarniecki questioned what provisions would be made to prevent it from happen again. Mr. Frazier responded that he can equip the truck with a steel cable that can run through the handle and locked. He added that he didn't expect anything like that to happen in Wappinger. The men were less than 50 feet away doing string trimming on the Rail Trail. A passer by drove up and stole it out of the truck. Another person on the trail witnessed it and alerted the men. Councilman Beale stated that his position was that there is a department head that has money in his budget to replace an item that he needs. He doesn't see why there would be any objection. Councilman Kuzmicz stated that his concern was that the blower will be needed in the future; as fall comes they need it to do the leaves. He questioned what other alternative there was. Mr. Frazier state the other alternative would be rakes and brooms. Supervisor Gutzler stated that Mr. Frazier knows where she stands. He didn't want to bring it up to the board and here he was bringing it up. Councilman Beale asked what the Supervisors feelings where in regard to this. She stated that she feels it was an act of carelessness. Budget times are tight. Just because money exists in budget lines doesn't mean it has to be moved to other lines. She added that there are plenty of people at home that have problems with equipment and have to go without. The end of the year is almost here and the guys will have to work harder with a broom and rake, or they will have to make do. The town is going to lose almost $200,000.00 in sale tax revenue and whatever money that can be carried over to next year will have to be. She is looking at it from a fiscal stand point. Councilman Beale stated that this was the reason he voted against the procurement policy. He feels that this is micro management. The department head has a need for a piece of equipment the he has money in his budget for. He needs it to maintain the Dutchess County Rail Trail which is a county park. It was stolen out of a vehicle and the department head has to come before the town board to get town board approval to purchase a $350.00 item. Councilman Beale added which he feels is ludicrous. Supervisor Gutzler stated that Mr. Frazier really didn't need town board approval and she did not want him to come before the board. She told him to contact the board members and if he could get three to approve it, then he could go ahead and get the equipment. Councilman Beale stated that that was not the proper way to do things. Supervisor Gutzler added that she this was the way she was discussing it with Steve so they could avoid any major debate. She thought that was a better way to handle it. She added Councilman Beale might call it micro management, she calls it responsible stewardship. She feels that they are in a real fix with the budget but respect's the board opinion. It is her opinion that they have to do without, but if the board votes to do with then so be it. Councilman Kuzmicz stated that he respects the Supervisors opinion but feels it will cost more money in man hours to do it manually with rakes than it would to just purchase this piece of equipment. Councilwoman Czarniecki questioned if the equipment could be purchased used. Mr. Frazier stated that it was not a piece of equipment you want to buy used. Supervisor Gutzler stated that they were moving toward executive session and that it could be extensive so if the board wished to vote on giving the approval she would entertain the motion. Councilman Beale stated that he wasn't sure what they were doing was even right. As a town board they passed a budget giving the department of Buildings and Ground the appropriate funds to do things including buying equipment and now, as a result of a procurement policy, that changed midyear blocking the budget passed by the town board, they are voting on this. He questioned how that was legal and how a procurement Town of Wappinger Page 20 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 policy can block a department's ability to purchase a piece of equipment that is needed to fulfill a responsibility. Al Roberts, Attorney to the Town, stated that under General Municipal Law, the board is obligated to adopt a procurement policy which takes precedent as to how town money can be sent. Councilman Beale agreed added that it was consequent to the budget being approved. He stated that in a sense a veto situation has been created. Al Roberts explained that the procurement was a mandate under General Municipal Law that sets the standard for which the town can spend its money. Within the confines of the procurement policy staff members and department heads can spend the money. Councilman Beale stated not in this town, that in this town every single purchases from a pack of staples to a leaf blower has to be approved by the Town Supervisor. Al Roberts added that it was perfectly legitimate under General Municipal Law. He did not have the procurement policy in front of him but thought there was certain exclusions under one thousand dollars. Councilman Beale again questioned how it was not micro management. Supervisor Gutzler stated that the bottom line was that Mr. Frazier came to her, she gave him her opinion. She suggested settling the matter with a vote. Councilman Beale made the motion to allow Building and Grounds department supervisor to purchase a $350 Leaf blower needed to use to complete his responsibilities, seconded by Councilman Kuzmicz. Town Clerk, Christine Fulton called the roll call. Councilman Beale - Aye, Councilman Bettina - Nay, Councilwoman Czarniecki - Nay, Councilman Kuzmicz - Aye and Supervisor Gutzler - Nay. Motion did not pass. Councilman Beale state that is was a disservice to the town. Supervisor Gutzler stated his comment was noted for the record. Motion To: allow Buildings and Grounds to purchase a $350.00 back pack leaf blower RESULT: DEFEATED [2 TO 31 MOVER: William Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: William Beale, Michael Kuzmicz NAYS: Barbara Gutzler, Vincent Bettina, Ismay Czarniecki XII. Executive Session A. Legal Advice Motion To: go into executive session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czamiecki, Kuzmicz Motion To: come out of executive session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz XIII. Town Board Review of Vouchers RESOLUTION: 2012-246 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-UU Vendor I A I B I DB Town of Wappinger Page 21 Printed 9119/2012 Town Board Meeting Minutes September 10, 2012 Sheriff of Dutchess NYCOMCO Pine Bush Equipment Co Inc Wells Fargo JESCO New York Board Central Hudson Central Hudson Home Depot Pine Plains Tractor Hudson Valley Office Furniture Staples Holiday Inn Albany Hudson River Valley Tours LLC Hudson River Valley Tours LLC Inter City Tire Central Hudson Central Hudson Central Hudson Cablevision Verizon Adams Power Equipment Tech Air of Wappingers Falls Tech Air of Wappingers Falls Staples CAMO Pollution CAMO Pollution CAMO Pollution Williamson Law Book Pine Bush Equipment Co Inc West Payment Center Carquest Of Wappingers Falls Clifford Thorpe Printing (General (General Town wide) PartTown 9,772.45 3,905.36 349.65 2,277.12 25.53 14.79 95.61 41.96 1,432.00 795.00 1,100.00 28.00 37.05 476.81 79.60 299.65 33.08 54.34 70.50 127.88 161.04 620.00 520.00 447.42 121.58 158.00 229.00 (Highway) 1,496.00 314.75 71.83 100.00 161.34 Town of Wappinger Page 22 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 Tilcon of New York Inc Grainger Staples Staples Staples Staples Staples Fishkill Plains Garage Commissioner of Finance DC D&D Doors Inc Snap on Tools Snap on Tools WB Mason Big Top Portable Toilets Dutchess Pro Print Jonathan Kruk Merrill Office Products totals Vendor Sheriff of Dutchess NYCOMCO Pine Bush Equipment Co Inc Wells Fargo JESCO New York Board Central Hudson Central Hudson Home Depot Pine Plains Tractor Hudson Valley Office Furniture Staples Holiday Inn Albany Hudson River Valley Tours LLC Hudson River Valley Tours LLC Inter City Tire Central Hudson Central Hudson Central Hudson Cablevision Verizon Adams Power Equipment Tech Air of Wappingers Falls Tech Air of Wappingers Falls Staples CAMO Pollution CAMO Pollution CAMO Pollution Williamson Law Book Pine Bush Equipment Co Inc West Payment Center Carquest Of Wappingers Falls Clifford Thorpe Printing 140.00 76.95 191.99 32.28 25.58 56.91 200.00 11.99 78.50 18.63 350.00 328.90 10,033.73 14,651.42 WU (Wapp SU (Wapp United) United) 859.62 35.19 21.00 83.05 205.95 3,248.73 T92 (Escrow) 130.00 Town of Wappinger Page 23 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 Tilcon of New York Inc Grainger Staples Staples Staples 4.82 4.82 Staples Staples Fishkill Plains Garage Commissioner of Finance DC D&D Doors Inc Snap on Tools Snap on Tools WB Mason Big Top Portable Toilets Dutchess Pro Print Jonathan Kruk Merrill Office Products Totals 4.82 4.82 130.00 Vendor Sheriff of Dutchess NYCOMCO Pine Bush Equipment Co Inc Wells Fargo JESCO New York Board Central Hudson Central Hudson Home Depot Pine Plains Tractor Hudson Valley Office Furniture Staples Holiday Inn Albany Hudson River Valley Tours LLC Hudson River Valley Tours LLC Inter City Tire Central Hudson Central Hudson Central Hudson Cablevision Verizon Adams Power Equipment Tech Air of Wappingers Falls Tech Air of Wappingers Falls Staples CAMO Pollution CAMO Pollution CAMO Pollution Williamson Law Book Pay Board Hold 13,677.81 1,496.00 314.75 349.65 71.83 100.00 2,277.12 25.53 14.79 95.61 229.00 41.96 1,432.00 795.00 1,100.00 28.00 37.05 476.81 79.60 299.65 33.08 54.34 70.50 127.88 161.04 130.00 620.00 520.00 Town of Wappinger Page 24 Printed 9/1912012 Town Board Meeting Pine Bush Equipment Co Inc West Payment Center Carquest Of Wappingers Falls Clifford Thorpe Printing Tilcon of New York Inc Grainger Staples Staples Staples Staples Staples Fishkill Plains Garage Commissioner of Finance DC D&D Doors Inc Snap on Tools Snap on Tools WB Mason Big Top Portable Toilets Dutchess Pro Print Jonathan Kruk Merrill Office Products Totals Vendor Sheriff of Dutchess NYCOMCO Pine Bush Equipment Co Inc Wells Fargo JESCO New York Board Central Hudson Central Hudson Home Depot Pine Plains Tractor Hudson Valley Office Furniture Staples Holiday Inn Albany Hudson River Valley Tours LLC Hudson River Valley Tours LLC Inter City Tire Central Hudson Central Hudson Central Hudson Cablevision Verizon Adams Power Equipment Tech Air of Wappingers Falls Minutes September 10, 2012 447.42 121.58 158.00 61.34 40.00 859.62 35.19 28.073.52 76.95 191.99 9.64 32.28 25.58 21.00 56.91 200.00 83.05 205.95 11.99 78.50 18.63 350.00 328.90 3,578.49 24,158.59 1336.44 b 3/ 5 Town of Wappinger Page 25 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 Tech Air of Wappingers Falls Staples CAMO Pollution CAMO Pollution CAMO Pollution Williamson Law Book Pine Bush Equipment Co Inc West Payment Center Carquest Of Wappingers Falls Clifford Thorpe Printing Tilcon of New York Inc Grainger Staples Staples Staples Staples Staples Fishkill Plains Garage Commissioner of Finance DC D&D Doors Inc Snap on Tools Snap on Tools WB Mason Big Top Portable Toilets Dutchess Pro Print Jonathan Kruk Merrill Office Products 24,495.03 >om 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 September 10, 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 -2012-246 A B DB HWN (General (General (Highway) (Water Req) Yes/Aye No/Nay Abstain Absent D Adopted - Barbara Gutzler Voter 0 ❑ El 11 ❑ Adopted as Amended William Beale Seconder 0 El ❑ El Defeated Vincent Bettina Voter 0 El ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-247 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 -VV Vendor A B DB HWN (General (General (Highway) (Water Req) Town wide PartTown Town of Wappinger Page 26 Printed 9119/2012 Town Board Meeting Minutes September 10, 2012 CAMO Pollution $240.00 CAMO Pollution $25.00 CAMO Pollution $25.00 Marshall & Sterling $3,723.00 Empire $2,996.45 $977.81 $9,213.72 Pitney Bowes $636.00 Mid Hudson Fasteners $71.90 MVP $21,966.49 $5,840.80 $17,649.37 MVP Gold $3,689.40 West Payment $254.40 Coffee Systems $121.46 Brady's Power Equip $303.00 Arkel Motors $541.20 CSEA $2,626.18 Village of Wapp $78.57 Momma's Towing $85.00 Kearns Electric $174.18 Williams Lumber $36.80 Hudson River Tr Eq $518.69 Angel's Power Equip $27.95 Staples $0.00 Mid Hud Dev Corp S & S Worldwide $414.34 Wells Fargo $327.56 Poland Springs $246.44 Northeas Cash $16.50 Register All State Jaclyn Smith-Imm $178.71 Morris Associates $3,774.14 $1,617.51 $4,097.45 Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates $294.00 Morris Associates Morris Associates $84,061.25 Morris Associates Hudson River Vly $3,987.00 Tours Verizon Wireless $346.62 $432.78 Amazon $55.18 Amazon $129.99 Amazon $4.99 Paetec $531.49 $20.59 Valenti Concrete $810.00 Extreme Glow $146.25 Merrill $74.21 Merrill $87.10 Hopewell Auto Parts $7.62 Wappinger RE Jillian Smith $63.83 Michael Witkowski Tom Brickner Carmen Malave I$100.00 Totals $43,706.15 1 $9,690.26 $36,190.26 $84.061.25 Vendor CAMO Pollution CAMO Pollution CAMO Pollution Marshall & Sterling Empire Pitney Bowes Mid Hudson Fasteners WU (Wapp SU United) (Wapp United) T14 (All State) T93 (Escrow) Town of Wappinger Page 27 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 MVP MVP Gold West Payment Coffee Systems Brady's Power Equip Arkel Motors CSEA Village of Wapp Momma's Towing Kearns Electric Williams Lumber Hudson River Tr Eq Angel's Power Equip Staples Mid Hud Dev Corp S & S Worldwide Wells Fargo Poland Springs Northeas Cash Register All State Jaclyn Smith-Imm Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Morris Associates Hudson River Vly Tours Verizon Wireless Amazon Amazon Amazon Paetec Valenti Concrete Extreme Glow Merrill Merrill Hopewell Auto Parts Wappinger RE Jillian Smith Michael Witkowski Tom Brickner Carmen Malave Totals $3,718.16 $3,718.16 $2,377.44 $5,642.40 $8,019.84 Vendor T94 T92 (Other) (Escrow) CAMO Pollution CAMO Pollution CAMO Pollution Marshall & Sterling Empire Pitney Bowes Mid Hudson Fasteners MVP MVP Gold West Payment Coffee Systems Brady's Power Equip Arkel Motors CSEA Village of Wapp Momma's Towing Kearns Electric Williams Lumber Hudson River Tr Eq Angel's Power Equip Staples $809.28 $809.28 $1,500.00 $1,500.00 $3,000.00 Pay $13,187.98 $636.00 $45,456.66 $3,689.40 $2,626.18 $78.57 Town of Wappinger Page 28 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 Mid Hud Dev Corp $130,000.00 S & S Worldwide Wells Fargo Poland Springs Northeas Cash Register All State Jaclyn Smith-Imm Morris Associates $2,306.90 Morris Associates $41.40 Morris Associates $1,104.00 Morris Associates $1,699.40 Morris Associates $2,187.30 Morris Associates $331.20 Morris Associates $110.40 Morris Associates Morris Associates $27.60 Hudson River Vly Tours Verizon Wireless Amazon Amazon Amazon Paetec Valenti Concrete Extreme Glow Merrill Merrill Hopewell Auto Parts Wappinger RE $49,194.70 Jillian Smith Michael Witkowski Tom Brickner Carmen Malave Totals $130,000.00 $57,002.90 Vendor CAMO Pollution CAMO Pollution CAMO Pollution Marshall & Sterling Empire Pitney Bowes Mid Hudson Fasteners MVP MVP Gold West Payment Coffee Systems Brady's Power Equip Arkel Motors CSEA Village of Wapp Momma's Towing Kearns Electric Williams Lumber Hudson River Tr Eq Angel's Power Equip Staples Mid Hud Dev Corp S & S Worldwide Wells Fargo Board $240.00 $25.00 $25.00 $3,723.00 $71.90 $254.40 $121.46 $303.00 $541.20 $85.00 $174.18 $36.80 $518.69 $27.95 $0.00 $130,000.00 $414.34 .m e $376,198.10 $327.56 $809.28 $779.40 $552.08 $49,194.70 $1,500.00 $1,500.00 $100.00 $120,437.81 14 Town of Wappinger Page 29 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 Poland Springs $246.44 Northeas Cash $16.50 Register All State Jaclyn Smith-Imm $178.71 Morris Associates $17,891.60 Morris Associates ❑ Adopted as Amended Morris Associates Voter Morris Associates ❑ Morris Associates Morris Associates $6,267.60 Morris Associates 0 Morris Associates ❑ Morris Associates ❑ Tabled Hudson River Vly $3,987.00 Tours ❑ Verizon Wireless ❑ Amazon $55.18 Amazon $129.99 Amazon $4.99 Paetec Valenti Concrete $810.00 Extreme Glow $146.25 Merrill $74.21 Merrill $87.10 Hopewell Auto Parts $7.62 Wappinger RE Jillian Smith $63.83 Michael Witkowski Tom Brickner Carmen Malave Totals $166,528 32 94 $41.40 $1,104.00 $1,699.40 $2,187.30 $110.40 $84,061.25 $27.60 7 1.35 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 September 10, 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 RCS -2012-247 Adopted Yes/Aye No/Nay Abstain I Absent ❑ Adopted as Amended Barbara Gutzler Voter a ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki hritiator El ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-248 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 -WW Vendor I A I B I DB I WU Town of Wappinger Page 30 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 Vendor T92 Pay (Escrow) CAMO Pollution """ CAMO Pollution $250.00 Central Hudson (General Town wide (General PartTown) (Highway) (Wapp United) CAMO Pollution $271.12 $422.20 Central Hudson $517.32 CAMO Pollution $132.08 Signal Graphics Central Hudson $88.22 Central Hudson $3,082.29 Central Hudson $35.06 Central Hudson $422.20 Central Hudson $517.32 Central Hudson $132.08 Signal Graphics $249.35 Bottini Fuel $10,029.44 Healthquest $65.00 $130.00 $130.00 EMS Associates $195.74 Conklin Services $403.75 First Unum Life $263.38 $60.78 $162.08 Carquest $53.95 $148.47 Michael Sheehan $263.64 Arkel Motors $1,228.05 Highland Radiator $118.00 Linda Walters $40.00 Kurt Adler $531.62 Craig Bova $5.00 General Code $3,271.00 Tech Air $55.50 Cheryl Hait $40.00 Tilcon $618.83 Grainger $102.12 Staples $163.58 Staples $27.88 Staples $29.34 Zee Medical $95.95 Cablevision $89.85 Wells Fargo $168.97 WB Mason $299.90 Big Top Portable $215.50 Toilets Big Top Portable $175.50 Toilets Big Top Portable $117.00 Toilets Big Top Portable $58.50 Toilets Riverbank Banjo $500.00 Band Merrill Office Products $69.19 Jesco $70.78 Hopewell Auto Parts $3.86 Eveline Dehn $30.00 Carnival Savers $90.80 Totals $10,425.23 $1,083.85 1 $13,162.16 $249.35 Vendor T92 Pay (Escrow) CAMO Pollution """ CAMO Pollution $250.00 Central Hudson $88.22 Central Hudson $3,082.29 Central Hudson $35.06 Central Hudson $422.20 Central Hudson $517.32 Central Hudson $132.08 Signal Graphics Town of Wappinger Page 31 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 Bottini Fuel Healthquest EMS Associates Conklin Services First Unum Life Carquest Michael Sheehan Arkel Motors Highland Radiator Linda Walters Kurt Adler Craig Bova General Code Tech Air Cheryl Hait Tilcon Grainger Staples Staples Staples Zee Medical Cablevision Wells Fargo WB Mason Big Top Portable Toilets Big Top Portable Toilets Big Top Portable Toilets Big Top Portable Toilets Riverbank Banjo Band Merrill Office Products Jesco Hopewell Auto Parts Eveline Dehn Carnival Savers Totals Vendor CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Signal Graphics Bottini Fuel Healthquest EMS Associates Conklin Services First Unum Life Carquest Michael Sheehan Arkel Motors Highland Radiator Linda Walters Kurt Adler Craig Bova General Code Tech Air Cheryl Hait $250.00 Board $271.12 $250.00 $249.35 $325.00 $195.74 $403.75 $202.42 $263.64 $1,228.05 $118.00 $40.00 $5.00 $3,271.00 $55.50 $40.00 Hold $25,170.59 $10,029.44 $486.24 $531.62 $89.85 $108.97 $500.00 $16,083.29 12 Town of Wappinger Page 32 Printed 911912012 Town Board Meeting Minutes September 10, 2012 Tilcon $618.83 Grainger $102.12 Staples $163.58 Staples $27.88 Staples $29.34 Zee Medical $95.95 Cablevision 0 Adopted Wells Fargo Voter WB Mason $299.90 Big Top Portable $215.50 Toilets William Beale Big Top Portable $175.50 Toilets ❑ Big Top Portable $117.00 Toilets Voter Big Top Portable $58.50 Toilets ❑ Riverbank Banjo Pblishers Band Merrill Office Products $69.19 Jesco $70.78 Hopewell Auto Parts $3.86 Eveline Dehn $30.00 Carnival Savers $90.80 Totals $9,087.30 $0.00 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 September 10, 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 -2012-248 A B DB T16 (General (General (Highway) Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter wide ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter D EI❑ ❑ ❑ Tabled Pblishers ❑ Withdrawn Ismay Czarniecki Initiator ❑ ❑ ❑ Michael Kuzmicz Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-249 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 -XX Vendor A B DB T16 (General (General (Highway) (Aflac) Town PartTown) wide CAMO Pollution $87.02 Royal Carting $320.00 General Code $1,816.80 Pblishers Town of Wappinger Page 33 Printed 9/19/2012 Town Board Meeting Minutes September 10, 2012 Hillman Signs $130.50 Tilcon Yes/Aye $2,092.12 Abstain Wells Fargo ❑ Adopted as Amended $349.65 Voter 0 ❑ Wells Fargo ❑ $435.00 William Beale Seconder 0 Aflac 0 ❑ ❑ Tabled Vincent Bettina $291.30 Gellert & Klein ❑ $33.00 $297.00 $132.00 Ismay Czarniecki Gellert & Klein 0 $3,223.25 ❑ 0 Duality Voter $1,933.75 ❑ ❑ 0 Don Kortright $138.00 Per Jensen $40.00 Totals $8,238.47 1 $297.00 1$2,492.62 1$291.30 Vendor Pay Board Hold CAMO Pollution $87.02 Royal Carting $320.00 General Code $1,816.80 Pblishers Hillman Signs $130.50 Tilcon $2,092.12 Wells Fargo $349.65 Wells Fargo $435.00 Aflac $291.30 Gellert & Klein $462.00 Gellert & Klein $3,223.25 Duality $1,933.75 Don Kortright $138.00 Per Jensen $40.00 Totals $11,319.39 $0.00 1 $11,319.39 1 $0.00 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 September 10, 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 -2012-249 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ 0 ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ 0 0 ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ 0 Michael Kuzmicz Voter Rl ❑ ❑ 0 Dated: Wappingers Falls, New York September 10, 2012 The Resolution is hereby duly declared adopted. XIV. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Christine Fulton Town Clerk Town of Wappinger Page 34 Printed 9/19/2012