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2012-09-24 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us ^- Agenda ^ Christine Fulton 845-297-5771 Monday, September 24, 2012 7:30 PM Town Hall I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Minutes Approval �— Monday, September 10, 2012 V. Correspondence Log 2012-252. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Portion VII. Discussions A. Palmateer Memorial 9-11 Park Check presentation - Beale B. Energy Cost Comparisons form Hudson Energy - Frazier C. BBQRED Inc.Liquor License 30 waiver - Gutzler VIII, Resolutions 2012-253. A Resolution Authorizing the Issuance of $256,000 Bonds of the Town of 'Wappinger, Dutchess County, New York, to Pay the Cost of the Increase and Improvement of the Facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York 2012-254. Resolution Authorizing Refund of Unused Escrow for Villa Borghese Subdivision (Account 11-5162) 2012-255. Resolution Authorizing Refund of Unused Escrow for Villa Borghese Amended Site Plan (Account 11-3243 A/K/A 08-3153) 2012-256. Resolution Authorizing Refund of Unused Escrow for 11711 Ironworks Site Plan (Account 12-3255) 2012-257. Resolution Authorizing Refund of Unused Escrow for 228 Myers Corner Rd, LLC (Account 11-7438 ZBA) 2012-258. Resolution Authorizing Refund of Unused Escrow for T -Mobile Northeast, LLC Site Plan (Account 11-3238/4047) 2012-259. Resolution Authorizing Return of Escrow Deposits Posted by Property Owners or Builders to Insure the Proper Installation of Lawn Seeding, Retaining Walls or Driveway Paving IX. Items for Special Consideration X. New Business XI. Town Board Review of Vouchers 2012-260. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2012-261. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XII. Adjournment Town of Wappinger Page I Printed 912012012 Monday, September 24, 2012 W LTj Town of Wappinger Town Board Meeting Minutes 7:30 PM Call to Order Supervisor Gutzler called the meeting to order at 7:30 PM 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Christine Fulton 845-297-5771 Town Hall Barbara Gutzler . Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Michael Kuzmicz Town of Wappinger Councilman Present Al Roberts Town of Wappinger Attorney to the Town Present Bob Grafi Town of Wappinger 1 Engineer to the Town Present Salute to the Flag Adoption of Agenda Motion To: adopt the agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki,, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Minutes Approval Monday, September 10, 2012 iK Vote Reeord - Accepts nce otMinutes for Se tember 10 2012 7,30 PM .a.. , ,.. Yes /Aye No/Noy Abstain Absent Absent Barbara Gutzler Voter 8 ❑ ❑ ❑ D Accepted William Beale Voter EI ❑ ❑ ❑ El Accepted as Amended Vincent Bettina Voter E. D ❑ ❑ ❑ ❑ Tabled _ Ismay Czamiecki _ Initiator _.. . 8 ❑ ❑ ❑ Michael Kuzmicz Seconder ! ❑ ❑ ❑ Correspondence Log RESOLUTION: 2012-252 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote'Record r. Resolution RE572012.252 Yes/Aye No/Nay Abstain Absent RI Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter L( ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder a ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Initiator a E ❑ ` ❑ ❑ Michael Kuzmicz Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2012 The Resolution is hereby duly declared adopted. Town of Wappinger Page 1 Printed 10/1/2012 Town Board Meeting Minutes September 24, 2012 VI. Public Portion Motion To: open the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Public comment Supervisor Gutzler opened the floor for public comment. The first resident to speak was Mary Schmalz. She questioned what the "RE" referred to on the voucher in the minutes from the on" previous meeting and whether or not it means Recreation. Supervisor Gutzler stated that it is a return of escrow for what was going to be Cranberry and'the "RE" probably means real estate. Ms. Schmalz then questioned the Morris Associate amount on page 26 and 29 of the minutes. Supervisor Gutzler stated that a lot of the amounts paid to Morris Associates are done through escrow accounts which are a special account set up for each project. Ms. Schmalz questioned page 28 and what MHDEV means. Councilman Bettina added that it might be Mid Hudson Development. Supervisor Gutzler added that she looks at hundreds of vouchers and that she can't remember every single one. Councilman Bettina stated that if Ms. Schmalz has specific question maybe she can get them to the board ahead of time so they can be answered. Councilman Beale added that he didn't think they can be expected to explain ever single bill from the dais. There are hundreds and thousands of bills and they don't have all the information in front of them. Supervisor Gutzler stated that she should FOIL the information and they will get her the information. Discussion continued. Motion To: close the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VII. Discussions A. Palmateer Memorial 9-11 Park Check presentation - Beale Councilman Beale stated that Marci Meybohm and Lisa Turner, who are committee members of the Sgt. Mark Palmateer Tournament, will be presenting the town with a donation check to the Sgt. Palmateer memorial fund in the amount of $4,500.00. Councilman Beale then presented the check to the Supervisor. Supervisor Gutzler thanked them for the contributions. She also thanked Councilman Beale for his efforts and his memorial ceremony on 9-11. Councilman Beale stated that the designs for the park were on display on 9-11 and he will be putting the sketches in the Town Hall display case. B. Energy Cost Comparisons form Hudson Energy - Frazier Supervisor Gutzler introduced Steve Frazier, Buildings and Grounds Supervisor to talk about the energy cost comparison from Hudson Energy. Mr. Frazier explained that he was approached by a representative from Hudson Energy. They are a supplier of energy that provides gas and electric, potentiality eliminating Central Hudson as the middle man. They will provide the electric and gas for the town. He then explained the charts he handed out. He explained that the Town Hall and the Emergency Building would have a cost saving of $979.00 and a total savings of about $6,000.00 for the entire town. Supervisor Gutzler questioned if the quote included the lights at Robinson Lane. Mr. Frazier stated that it did. He added that the price is adjusted daily because it is a commodity and it is based on the market. They will guarantee the price for one year. Councilman Beale questioned how it worked to switch. Mr. Frazier stated that I was just a matter of making a phone call and the bill will come from Hudson Energy rather than Central Hudson. Central Hudson will still be the carrier. Discussion continued. Town of Wappinger Page 2 Printed 10/1/2012 Town Board Meeting Minutes September 24, 2012 Motion To: allow the Supervisor to contact Hudson Energy and inquire about service as well as to speak to other towns that are using this company RESULT:ADOPTED [UNANIMOUS] MOVER Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina,Czarniecki, Kuzmicz C. BBQRED Inc.Liquor License 30 waiver - Gutzler Supervisor Gutzler stated that the letter requesting the waiver is in the correspondence log. Motion To: waive the 30 day period for BBQRED Inc. liquor license RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VIII. Resolutions RESOLUTION: 2012-253 A Resolution Authorizing the Issuance of $256,000 Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Increase and Improvement of the Facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Section 202-b of the Town Law, the Town Board of the Town of Wappinger, Dutchess County, New York has determined to make an increase and improvement of the facilities of the United Wappinger Sewer District; and WHEREAS, said capital project as hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, said regulations provide will not result in any significant environmental effects; and WHEREAS, it is now desired to authorize the financing of the improvements proposed for such Sewer District; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The improvements proposed for said United Wappinger 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 are hereby authorized, at a maximum estimated cost of $256,000. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of $256,000 bonds of said Town hereby authorized to be NOW issued pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said United Wappinger Sewer District, in the manner provided by law, there shall annually be levied on all the taxable Town of Wappinger Page 3 Printed 10/1/2012 Town Board Meeting Minutes September 24, 2012 real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New mow York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby further authorized, at her sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities. Section 9. The power to issue and sell notes to the New York State Environmental Facilities corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Town of Wappinger Page 4 Printed 10/1/2012 Town Board Meeting Minutes September 24, 2012 The foregoing was put to a vote which resulted as follows: y vot6 ttecord T Resolution'RES-2012=253 " Yes/Aye Yes/Aye No/Nay Abstain Absent 8 Adopted Barbara Gutzler Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 _ ❑ El❑_ ❑ Defeated El ❑ Defeated incenttBettina' Voter [� ❑ ❑ ❑ [I Tabled Ismay rniecki Seconder D 11 El ❑ ❑ Withdrawn Michael Kuzmiez . Initiator ❑ ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-254 Resolution Authorizing Refund of Unused Escrow for Villa Borghese Subdivision (Account 11-5162) WHEREAS, on or about October 12, 2011, Widmer Inn Restaurant Corp. (hereinafter the "Applicant") filed an application for Subdivision Approval under Application Number 11- 5162; and WHEREAS, on or about October 19, 2011, the Applicant deposited Three Thousand, Seven Hundred Fifty Dollars ($3,750.00) 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 application was approved and the Resolution of Approval was signed by the Planning Board Chairman on February 6, 2012; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of One Thousand, Nine Hundred Sixty -Eight and 90/100 Dollars ($1,968.90) remains in escrow account number 11-5162 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 One Thousand Nine Hundred Sixty -Eight and 90/100 Dollars ($1,968.90) from escrow account number 11-5162, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: Vote Record'- Resolution RES=2012-254 Yes/Aye No/Nay Abstain Absent D Adopted Barbara Gutzler Voter a ❑ El❑ ❑ Adopted as Amended William Beale Seconder - a ❑ ❑ ❑ ❑ Defeated El Vincent Bettina Voter Cif El ❑ Tabled ❑ Withdrawn Ismay Czarniecki Initiator ❑ ❑ ❑ Michael Kuzmicz Voter m ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-255 Resolution Authorizing Refund of Unused Escrow for Villa Borghese Amended Site Plan (Account 11-3243 A/K/A 08-3153) WHEREAS, on or about October 12, 2011, Widmer Inn Restaurant Corp. (hereinafter the "Applicant") filed an application for Amended Site Plan Approval under Application Number 11-3243 a/k/a 08-3153; and WHEREAS, on or about January 25, 2008, the Applicant deposited Three Thousand, Seven Hundred Fifty Dollars ($3,750.00) into an escrow account with the Town of Wappinger Town of Wappinger Page 5 Printed 101112012 Town Board Meeting Minutes September 24. 2012 for payment of the fees of the Town's professionals to review the application; and WHEREAS, additional deposits in the amounts of Four Thousand, Nine Hundred Eighty -Six and 50/100 Dollars ($4,986.50), Three Thousand, Four Hundred Ninety -Eight and 10/100 Dollars ($3,498.10), Eight Thousand, Five Hundred Dollars ($8,500.00), Four Thousand Dollars ($4,000.00), Four Thousand Dollars ($4,000.00), and Three Thousand, Three Hundred Dollars ($3,300.00), One Thousand, Two Hundred Three and 10/100 Dollars ($1,203.10), One Thousand, Seven Hundred Ninety Dollars ($1,790.00), Three Thousand, Seven Hundred Fifty Dollars ($3,750.00), and Seven Thousand, Four Hundred Eighty -Two and 60/100 Dollars ($7,482.60) were respectively made on September 5, 2008, May 19, 2009, December 22, 2009, January 20, 2010, December 3, 2010, February 22, 2011, October 4, 2011, October 19, 2011, January 17, 2012 and February 24, 2012; and WHEREAS, the application was approved and the Resolution of Approval was signed by the Planning Board Chairman on February 6, 2012; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Eight Hundred Eighty -Nine and 50/100 Dollars ($889.50) remains in escrow account number 11-3243 a/k/a 08-3153 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 Eight Hundred Eighty -Nine and 50/100 Dollars ($889.50) from escrow account number 11-3243 a/k/a 08-3153, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RM2012 255 8 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter a 0 ❑ ❑ El Defeated William Beale Seconder 8 ❑ ❑ 0 ❑ Tabled Vincent Bettina Initiator ® ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 8 ❑ ❑ ❑ Michael Kuzmicz Voter 8 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-256 Resolution Authorizing Refund of Unused Escrow for B7B Ironworks Site Plan (Account 12-3255) WHEREAS, on or about March 13, 2012, Airport Drive Properties, LLC (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 12- 3255;and WHEREAS, on or about March 26, 2012, the Applicant deposited One Thousand, Five Hundred Dollars ($1,500.00) 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, an additional deposit in the amount of One Thousand, Two Hundred Fifty - Three and 50/100 Dollars ($1,253.50) was made on May 10, 2012; and WHEREAS, the application was approved and the Resolution of Approval was signed by the Planning Board Chairman on April 2, 2012; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Nine Hundred Ninety -Three and 75/100 Dollars ($993.75) remains in escrow account number 12-3255 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. Town of Wappinger Page 6 Printed 10/1/2012 Town Board Meeting Minutes September 24, 2012 2. The Town Board hereby authorizes a refund to the Applicant in the amount of Nine Hundred Ninety -Three and 75/100 Dollars ($993.75) from escrow account number 12- 3255, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2012.256 0 Adopted _ Yes/Aye .. , No/Nay Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Adopted as Amended • William Beale Voter 0 '_ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter Ismay Czarniecki El ❑ ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-257 Resolution Authorizing Refund of Unused Escrow for 228 Myers Corner Rd, LLC (Account 11-7438 ZBA) WHEREAS, on or about May 10, 2011, 228 Myers Corner Rd, LLC (hereinafter the "Applicant") filed an application for an Interpretation by the Zoning Board of Appeals under Application Number 11-7438 ZBA; and WHEREAS, on or about June 6, 2011, the Applicant deposited Three Thousand, Dollars ($3,000.00) 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, all reviews have been completed and an Interpretation by the Zoning Board of Appeals has been given; and WHEREAS, all professional fees incurred during the review of the application have ... been paid and a balance of Two Thousand, Six Hundred Seventy Dollars ($2,670.00) remains in escrow account number 11-7438 ZBA 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 Two Thousand, Six Hundred Seventy Dollars ($2,670.00) in escrow account number 11-7438 ZBA, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record ='Resolution RES 2012-257 ' 0 Adopted _ Yes/Aye .. , No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 . ❑ Defeated William Beale Voter a ❑ El ❑ ❑ Tabled Vincent Bettina Voter 0 f ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2012 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 10/1/2012 Town Board Meeting Minutes September 24, 2012 RESOLUTION: 2012-258 Resolution Authorizing Refund of Unused Escrow for T -Mobile Northeast, LLC Site Plan (Account 11-3238/4047) WHEREAS, on or about July 21, 2011, Matthew Kerwin„ authorized representative for Orange County -Poughkeepsie Limited Partnership d/b/a Verizon Wireless and T -Mobile Northeast, LLC (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 11-3238/4047; and WHEREAS, on or about July 22, 2011, the Applicant deposited Three Thousand, Seven Hundred Fifty Dollars ($3,750.00) 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 April 11, 2012; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Two Thousand, Three Hundred Eighty Dollars ($2,380.00) remains in escrow account number 11-3238/4047 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 Two Thousand, Three Hundred Eighty Dollars ($2,380.00) in escrow account number 11-3238/4047, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓' Vote Record -Resolution RES -2012-258 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 8 ❑ ❑ ❑ ❑ Defeated William Beale Voter ® ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 8 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Initiator RI ❑ ❑ ❑ Michael Kuzmicz Seconder El ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-259 Resolution Authorizing Return of Escrow Deposits Posted by Property Owners or Builders to Insure the Proper Installation of Lawn Seeding, Retaining Walls or Driveway Paving WHEREAS, various property owners or builders, hereinafter enumerated, have posted escrow monies with the Town of Wappinger to insure the satisfactory installation of lawn seeding, retaining walls or driveway paving; and WHEREAS, the Engineer to the Town has confirmed that the property owners or builders have satisfactorily completed the work for which the escrow was established. NOW, THEREFORE, BE IT RESOLVED: I . 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 escrow monies to the property .ma owners or builders hereinafter enumerated as follows: A. One Thousand Dollars ($1,000.00) to Rodney Alan Little, 54 Red Hawk Hollow Road, BP #2001-688, for lawn seeding; B. One Thousand, Five Hundred Dollars ($1,500.00) to Mid Hudson Development Corp., Lot 5 Keenan Acres, BP #04-0387, for lawn seeding; C. One Thousand, • Five Hundred Dollars ($1,500.00) to Morgan Homes, Inc., 40 St. Nicholas Road, BP #2004-0712, for lawn seeding; D. One Thousand, Five Hundred Dollars ($1,500.00) to Frank Straub (Kim Town of Wappinger Page 8 Printed 10/1/2012 Town Board Meeting Minutes September 24, 2012 Residence), 11 Carmel Heights, BP #04-0808, for lawn seeding; E. Two Thousand, Five Hundred Dollars ($2,500.00) to T.J. Home Developers, Inc., 299 All Angels Hill Road, BP #2004-0425, for driveway paving; F. Thirteen Thousand, Twenty Dollars ($13,020.00) to Toll Brothers, Inc., 177 Shamrock Hills, BP 92008-0455, for lawn seeding and construction of retaining wall; G. Three Thousand, Two Hundred Thirty -One Dollars ($3,231.00) to Toll Brothers, Inc., 144 Shamrock Hills, BP #2008-0696, for lawn seeding; H. Eight Thousand, Five Hundred Dollars ($8,500.00) to Lisa Roy, 4 Maloney Drive, BP #09-861, for lawn seeding; I. Two Thousand, Five Hundred Dollars ($2,500.00) to Wappinger Airport Drive, LLC, 26 Don Bosco Boulevard, BP #11-008, for lawn seeding; J. Three Thousand, Dollars ($3,000.00) to Zvi Segal, 18 Carmel Heights, BP #2010-0273, for paved driveway apron; and K. Two Thousand, Dollars ($2,000.00) to Jason Cobb, 93 Smith Crossing Road, BP #11-0595, for lawn seeding. The foregoing was put to a vote which resulted as follows: V vote Record - Resolution RgS4012-259' Yes/Aye No/Nay Abstain Absent 0 Adopted Barbara Gutzler Voter 0 El 1i ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Initiator 0 ❑ ❑ ❑ Tabled 11 Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2012 The Resolution is hereby duly declared adopted. New Business A. Councilman Beale Councilman Beale stated that there has been an issue with the alarms at the Emergency Services Building going off at 3 am. They reset them and they will go off again, The State Police and the Fire Inspector are aware of it, but it has happened three times and needs to be looked into. The alarm company should be contacted and made aware of the situation. Also at Carnwath Farm there is an alarm system that is connected to Appa Alarm Security. In the past it would ring in to them and now it doesn't ring to anyone. He requested Mr. Frazier look into that. Councilman Beale stated that the traffic light at Middlebush Rd and Old Route 9 has a light out. He requested that someone contact the Highway Department and have it replaced. Discussion continued. B. Councilman Bettina Councilman Bettina questioned if the cameras were ever installed. Steve Frazier, Buildings and Grounds Supervisor, stated that they are not installed. He has it on the to-do list. Councilman Bettina stated that there has been a lot of break ins on Osborne Hill Rd. He would like to talk to Sergeant Begor. He added that there may be a black top scam going on that he will also be talking to the Sergeant about. C. Councilwoman Czarniecki Motion To: allow Wildwood to use Town Hall Main Meeting room - _ ._.,.._..... �.. - RESULT: ADOPTED [UNANIMOUS] MOVER. Ismay Czarniecki, Councilwoman, SECONDER: William Beale, Councilman AYESt Gutzler, Beale, Bettina, Czarniecki, Kuzmicz D. Councilman Kuzmicz Councilman Kuzmicz requested Steve Frazier to update the board on the tennis court situation. Mr. Frazier stated that he has the signs and they will be up within the next day or two. Supervisor Gutzler questioned if there was a gate and a lock there. Mr. Frazier stated that there is Town of Wappinger Page 9 Printed 101112012 Town Board Meeting Minutes September 24, 2012 but if they lock it then the tennis players couldn't use it. Supervisor Gutzler added that something will have to be worked out to get that locked. X. Town Board Review of Vouchers RESOLUTION: 2012-260 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 -YY Vendor A (General Town wide) AM (Ambulance) B (General PartTown DB (Highway) CAMO Pollution CAMO Pollution Central Hudson $3,163.36 Central Hudson $70.31 NyComco $126.00 NyComco $1,496.00 NYSAA $175.00 Poughkeepsie Jrnl $77.44 Southern Dtc News $83.21 Home Depot $144.44 Home Depot $2.32 Home Depot $5.74 Home Depot $39.85 Signal Graphics $119.34 Sedore and Company $2,396.00 Carquest $16.76 GC Bostwick Sales $66.00 GC Bostwick Sales $213.98 Arkel Motors $152.83 Adams Power Equip $4.40 Donald Seifts $67.65 DC Truck Parts $324.63 Software Consult $1,300.00 Assoc Reserve Account $5,000.00 Gellert & Klein $82.50 Transcare $32,916.66 WB Mason $114.29 Stormwater Mgmnt $150.00 Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Crown Trophy $238.80 Great America Leas $580.50 Inter City Tire $30.45 Sam's Club $165.76 Darrell Flynn $55.50 Total Secur Systems $3,679.00 BJ's Wholesale $50.00 Crowne Plaza $750.00 Totals $15,087.39 $32,916.66 1$3,796.80 1 $2,057.87 Vendor LC LD (Chelsea) LH SF (Cameli) (Hughsonvie) (Fleetwood) CAMO Pollution $8,150.00 Town of Wappinger Page 10 Printed 10/1/2012 Town Board Meetin.R Minutes September 24, 2012 CAMO Pollution Central Hudson Central Hudson NyComco NyComco NYSAA Poughkeepsie Jrnl Southern Dtc News Home Depot Home Depot Home Depot Home Depot Signal Graphics Sedore and Company Carquest GC Bostwick Sales GC Bostwick Sales Arkel Motors Adams Power Equip Donald Seifts DC Truck Parts Software Consult Assoc Reserve Account Gellert & Klein Transcare WB Mason Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Crown Trophy Great America Leas Inter City Tire Sam's Club Darrell Flynn Total Secur Systems BJ's Wholesale Crowne Plaza Totals Vendor CAMO Pollution CAMO Pollution Central Hudson Central Hudson NyComco NyComco NYSAA Poughkeepsie Jrnl Southern Dtc News Home Depot Home Depot Home Depot Home Depot Signal Graphics Sedore and Company Carquest GC Bostwick Sales GC Bostwick Sales Arkel Motors Adams Power Equip Donald Seifts DC Truck Parts Software Consult Assoc Reserve Account Gellert & Klein Transcare WB Mason Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Crown Trophy $87.26 $961.33 $2,764.70 $87.26 $961.33 $2,764.70 SM SU (Wapp SW (Mid Point) United) (Wildwood) $9,666.67 $55,750.00 $13,116.67 $8,150.00 WF (Fleetwood) $2,233.33 Town of Wappinger Page 11 Printed 10/1/2012 Town Board Meeting Minutes September 24, 2012 Great America Leas Inter City Tire Sam's Club Darrell Flynn Total Secur Systems BJ's Wholesale Crowne Plaza Totals Vendor CAMO Pollution CAMO Pollution Central Hudson Central Hudson NyComco NyComco NYSAA Poughkeepsie Jrnl Southern Dtc News Home Depot Home Depot Home Depot Home Depot Signal Graphics Sedore and Company Carquest GC Bostwick Sales GC Bostwick Sales Arkel Motors Adams Power Equip Donald Seifts DC Truck Parts Software Consult Assoc Reserve Account Gellert & Klein Transcare WB Mason Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Crown Trophy Great America Leas Inter City Tire Sam's Club Darrell Flynn Total Secur Systems BJ's Wholesale Crowne Plaza Totals Vendor CAMO Pollution CAMO Pollution Central Hudson Central Hudson NyComco NyComco NYSAA Poughkeepsie Jrnl Southern Dtc News Home Depot Home Depot Home Depot Home Depot Signal Graphics Sedore and Company Carquest $9,666.67 $55,750.00 $13,116.67 $2,233.33 WH WT (Tall WU T92 (Watch Hill) Trees) (Wapp United) (Escrow) $1,541.67 $2,908.33 $66,500.00 $1,666.50 $400.00 $200.00 $25.00 $475.00 $1,541.67 $2,908.33 $66,500.00 $2,766.50 T96I Pay Board (Escrow) $86,683.34 $73,183.33 $6,976.65 $70.31 $126.00 $1,496.00 $175.00 $77.44 $83.21 $144.44 $2.32 $5.74 $39.85 $119.34 $2,396.00 $16.76 Town of Wappinger Page 12 Printed 10/1/2012 Town Board Meeting Minutes September 24, 2012 GC Bostwick Sales GC Bostwick Sales Arkel Motors Adams Power Equip Donald Seifts DC Truck Parts Software Consult Assoc Reserve Account Gellert & Klein Transcare WB Mason Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Crown Trophy Great America Leas Inter City Tire Sam's Club Darrell Flynn Total Secur Systems BJ's Wholesale Crowne Plaza Totals Vendor CAMO Pollution CAMO Pollution Central Hudson Central Hudson NyComco NyComco NYSAA Poughkeepsie Jrnl Southern Dtc News Home Depot Home Depot Home Depot Home Depot Signal Graphics Sedore and Company Carquest GC Bostwick Sales GC Bostwick Sales Arkel Motors Adams Power Equip Donald Seifts DC Truck Parts Software Consult Assoc Reserve Account Gellert & Klein Transcare WB Mason Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt Stormwater Mgmnt $600.00 $600.00 Hold $5,000.00 $66.00 $213.98 $152.83 $4.40 $67.65 $324.63 $1,300.00 $1,749.00 $32,916.66 $114.29 $150.00 $400.00 $200.00 $25.00 $475.00 $238.80 $580.50 $30.45 $165.76 $55.50 $3,679.00 $50.00 $750.00 $220,905.18 $17,231.46 $203,073.72 7 33 Town of Wappinger Page 13 Printed 1011/2012 Town Board Meeting Minutes September 24, 2012 Stormwater Mgmnt $600.00 Stormwater Mgmnt Crown Trophy Great America Leas Inter City Tire Sam's Club Darrell Flynn Total Secur Systems BJ's Wholesale Crowne Plaza Totals $600.00 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 24, 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 -2012-260 A (General Town wide B (General PartTown) CBG(Challenger field) DB (Highway) CAMO Pollution $585.00 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 ❑ ❑ ❑ $10,351.09 Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2012 The Resolution is hereby duly declared adopted. RESOLUTION: 2012-261 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 -ZZ Vendor A (General Town wide B (General PartTown) CBG(Challenger field) DB (Highway) CAMO Pollution $585.00 CAMO Pollution $620.00 Central Hudson $101.54 Central Hudson $2,445.97 Verizon $34.37 Poughkeepsie Journal $268.16 Royal Carting $15,967.08 DC Sheriff's Office $4,227.41 $10,351.09 Bottini Fuel $897.69 Milton Alley Inc. $138.00 Pine Bush Equipment $139.87 PBE Auto Parts $4.33 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $280.50 Al Roberts Town of Wappinger Page 14 Printed 10/1/2012 Town Board Meeting Minutes September 24, 2012 Vendor CAMO Pollution CAMO Pollution Central Hudson Central Hudson Verizon Poughkeepsie Journal Royal Carting DC Sheriffs Office Bottini Fuel Milton Alley Inc. Pine Bush Equipment PBE Auto Parts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts w..,. Al Roberts Al Roberts Carquest Pine Plains Tractor Thalle Thalle CSEA Williams Lumber Staples Wells Fargo Financial Wells Fargo Financial Snap On Tools HWN (NYC SU WU (Wapp DEP) (Wapp United) United) $9,242.59 $214.50 $990.00 $987.61 $8.49 T92 (Escrow) $1,841.00 $1,600.50 $66.00 $709.50 $1,897.50 $264.00 Town of Mappinger Page 15 Printed 101112012 Al Roberts Al Roberts $1,831.50 Al Roberts $1,376.00 Al Roberts Al Roberts $313.50 $2,927.43 $33.00 Al Roberts $1,765.50 Al Roberts $6,420.81 $594.00 Carquest $118.20 Pine Plains Tractor $5.82 Thalle $16,459.26 Thalle $76,220.05 CSEA $2,626.18 "" Williams Lumber $54.77 Staples Wells Fargo $369.53 $373.56 Financial Wells Fargo $327.56 Financial Snap On Tools $481.70 Verizon Wireless $346.97 $228.27 Ultimate Pest Control $50.00 Auto Zone $104.87 Delta Dental $1,383.02 $322.10 Inter City Tire $56.90 Inter City Tire $158.00 Abbott Products $213.72 Conrad Geoscienct $2,500.00 Corp C.B.M. Office Products $39.54 Totals 1 $36,525.651 $21,312.06 1 $33.00 $95,892.06 Vendor CAMO Pollution CAMO Pollution Central Hudson Central Hudson Verizon Poughkeepsie Journal Royal Carting DC Sheriffs Office Bottini Fuel Milton Alley Inc. Pine Bush Equipment PBE Auto Parts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts w..,. Al Roberts Al Roberts Carquest Pine Plains Tractor Thalle Thalle CSEA Williams Lumber Staples Wells Fargo Financial Wells Fargo Financial Snap On Tools HWN (NYC SU WU (Wapp DEP) (Wapp United) United) $9,242.59 $214.50 $990.00 $987.61 $8.49 T92 (Escrow) $1,841.00 $1,600.50 $66.00 $709.50 $1,897.50 $264.00 Town of Mappinger Page 15 Printed 101112012 Town Board Meeting Minutes September 24, 2012 Verizon Wireless Ultimate Pest Control Auto Zone Delta Dental Inter City Tire Inter City Tire Abbott Products Conrad Geoscienct Corp C.B.M. Office Products Totals $9,242.59 $1,202.11 $998.49 $6,378.50 Vendor Pay Board Hold CAMO Pollution $585.00 CAMO Pollution $620.00 Central Hudson $101.54 Central Hudson $2,445.97 Verizon $34.37 Poughkeepsie Journal $268.16 Royal Carting $15,967.08 DC Sheriffs Office $14,578.50 Bottini Fuel $897.69 Milton Alley Inc. $138.00 Pine Bush Equipment $139.87 PBE Auto Parts $4.33 Al Roberts $1,841.00 Al Roberts $9,242.59 Al Roberts $1,600.50 $66.00 Al Roberts $709.50 Al Roberts $2,178.00 Al Roberts $214.50 Al Roberts $990.00 Al Roberts $1,831.50 Al Roberts $1,376.00 Al Roberts $1,251.61 Al Roberts $3,273.93 Al Roberts $1,765.50 Al Roberts $7,014.81 Carquest $118.20 Pine Plains Tractor $5.82 Thalle $16,459.26 Thalle $76,220.05 CSEA $2,626.18 Williams Lumber $54.77 Staples $8.49 Wells Fargo Financial $743.09 Wells Fargo Financial $327.56 Snap On Tools $481.70 Verizon Wireless $575.24 Ultimate Pest Control $50.00 Auto Zone $104.87 Delta Dental $1,705.12 Inter City Tire $56.90 Inter City Tire $158.00 Abbott Products $213.72 Conrad Geoscienct Corp $2,500.00 C.B.M. Office Products $39.54 Totals $171,584.46 $9,422.39 $160,255.07 $1,907.00 8 35 2 "W* Town of Wappinger Page 16 Printed 10/1/2012 Town Board Meeting Minutes September 24, 2012 I, Christine Fulton, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting September 24, 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: ✓VdteRee6ed 'Resolution RES -2012-261 •, Yes/Aye No/Nay Abstain Absent D Adopted Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder Rl ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ` ❑ ❑ ❑_ ❑ Tabled Ismay Czamiecki Initiator _0 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter [� ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2012 The Resolution is hereby duly declared adopted. XI. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYESt Gutzler, Beale, Bettina, Czarniecki, Kuzmicz ...... .... ......... ....._ .. ..._.. ..... .. The meeting adjourned at 8:20 PM. Christine Fulton Town Clerk Town of Wappinger Page 17 Printed 101112012