2012-12-10 RGMTown of Wappinger 20 Middlebush Road
Wappingers Falls, NY 12590
Town Board Meeting townofwappinger.us
Agenda ^' Christine Fulton
845-297-5771
Monday, December 10, 2012 7:30 PM Town Hall
I. Call to Order
II. Salute to the Flag
III. Adoption of Agenda
IV. Minutes Approval
Monday, November 26, 2012
Monday, November 19, 2012
V. Correspondence Log
2012-316. Resolution Authorizing the Acceptance of the Correspondence Log
VI. Public Portion
VII. Public Hearings
Hearing in the Matter of the Increase and Improvement of the Facilities of United
Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York
VIII. Discussions
IX. Resolutions
2012-317. Resolution Rejecting Lawn Mowing Bids
2012-318. Resolution Rejecting the Request for Proposals for the Operation of the
Town Recycle Center
2012-319. Resolution Introducing Local Law_ of 2013 Which Would Amend
Chapter 122, Fees and Fines, and Chapter 137, Freshwater Wetland,
Waterbody and Watercourse Protection, of the Town Code
2012-320. Resolution Introducing Local Law_2012 Which Would Amend
Chapter 206, Soil Erosion and Sediment Control, of the Town Code
2012-321. Resolution Introducing Local Law _ 2013 Which Would Amend
Chapter 213 Stormwater Management, of the Town Code
2012-322. Resolution Introducing Local Law _2013 Which Would Amend
Chapter 214, Streets and Sidewalks, of the Town Code
2012-323. Resolution Introducing Local Law _ 2013 Which Would Amend
Chapter 122, Fee and Fines, and Chapter 240, Zoning, of the Town
Code
2012-324. Resolution Scheduling Special Meeting for the Purpose of the Annual
Reorganization Meeting
2012-325. Resolution Authorizing Employee Vacation Rollover Requests
2012-326. Resolution Authorizing Highway Department Employee Vacation
Rollover Request
X. Items for Special Consideration
XI. New Business
XII. Town Board Review of Vouchers
2012-327. Resolution Authorizing Abstract of Claim and Warrant for Payment of
Claim Audited by Town Board
2012-328. Resolution Authorizing Abstract of Claim and Warrant for Payment of
Claim Audited by Town Board
2012-329. Resolution Authorizing Abstract of Claim and Warrant for Payment of
Claim Audited by Town Board
2012-330. Resolution Authorizing Abstract of Claim and Warrant for Payment of
Claim Audited by Town Board
XIII. Adjournment
Town of Wappinger Page 1 Printed 12/5/2012
Town of Wappinger 20MiddlebushRoad
Wappingers Falls, NY 12590
Town Board Meeting townotwappinger.us
Minutes ^' Christine Fulton
845-297-5771
Monday, December 10, 2012 7:30 PM Town Hall
I. Call to Order
Supervisor Gutzler called the meeting to order at 7:30PM.
Attendee Name Organization Title Status Arrived
Barbara Gutzler Town of Wappinger Supervisor Present
William Beale Town of Wappinger Councilman 'Present
Vincent Bettina Town of Wappinger Councilman Present
Ismay Czarniecki Town of Wappinger Councilwoman Present
Michael Kuzmicz Town of Wappinger Councilman ,Present
Graham Foster Town of Wappinger
__ Highway Superintendent Present
Al Roberts _
Town of Wappinger Attorney to the Town ;Present
Bob Gray Town of Wappinger Engineer to the Town Present
David Stolman Town of Wa in er Town Planner :Present
II. Salute to the Flag
III. Adoption of Agenda
Motion To: accept the agenda as amended
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Motion To: add an executive session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: Gutzler, Beale, Bettina, Czarnieck Kuzmicz
Motion To: add to the discussion section Union Ratification
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
.SECONDER: Ismay Czarniecki, Councilwoman
AYES: Gutzler; Beale, Bettina, Czarniecki, Kuzmicz
IV. Minutes Approval
Councilman Beale added to the minutes of November 26th that Mr. Goring was also a Town
Supervisor
Monday, November 26, 2012
/ Vote Record - Acce tance of Minutes for November 26 -.3012 7:30 PM
Yes/Aye No/Nay Abstain Absent
Bazbara Gutzler Voter 0 ^ ^ ^
D Accepted William Beale Mover D ^ ^ ^
^ Accepted as Amended Vincent Bettina Seconder a ^ _
_
^ ^
^ Tabled Ismay Czarniecki Voter 8 ^ __ ^ ^
Michael Kuzmicz !Voter D ^ ^ ^
Town of Wappinger
Page 1
Printed 12/28/2012
Town Board Meeting Minutes December 10, 2012
Monday, November 19, 2012
V.
Yes/Aye No/Nay Abstain Absent
0 Accepted Barbara Gutzler Voter Q ^ ^ ^
^ Accepted asAmended William Beale Mover
- a
^
^
^
^ Tabled Vincent Bettina ;Seconder ® ^ ^ ^
Ismay Czarniecki Voter Q _ ^ ~ ^
Michael Kuzmicz Voter Q p
Correspondence Log
RESOLUTION: 2012-316
Resolution Authorizing the Acceptance of the Correspondence Log
NOW, THEREFORE, BE IT RESOLVED, that the letters and communications
itemized on the attached Correspondence Log are hereby accepted and placed on file in the
Office of the Town Clerk.
The foregoing was put to a vote which resulted as follows:
~ Vote Record -Resolution R1~S-2Q12-316
0 Adopted _ ..Yes/Aye No/Nay ' Abstain Absent
^ Adopted as Amended Barbara Gutzler Voter Q ^ ^
d William Beale Mover D ^ ^ p .."
^ Tabled Vincent Bettina Voter Q ^ ^ p
^ Withdrawn Ismay Czarniecki Seconder ® p ^ p
Michael Kuzmicz :Voter Q
^ ......
^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
VI.
Public Portion
Motion To: open the floor to the public
RESULT:. ADOPTED [UNANIMOUS]
MOVER:' William Beale, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: ' Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
A. Public comment
The first resident to speak was Gary Lindstrom. He questioned the bid process for the Lawn
Mowing Bids and the Recycle Center. He stated that in the past the process was to go out to bid,
then the board would state what the bids where. He has not seen or heard what the bids were and
now there is a resolution rejecting the bids. Supervisor Gutzler stated that the bids were
unacceptable and the board reserves the right to reject all bids. Councilman Beale stated that the
bids did not meet the specifications. Councilman Bettina added that the board has the right to
reject or accept bids or change the specifications and go out to re-bid. The next resident to speak
was Danielle Lent. She stated that the board mentioned Union Ratification and questioned if the
board would be voting on it tonight. Supervisor Gutzler stated that if the board wished to they
would. The next resident to speak was Mr. Davenport. He distributed information to the board in
regards the depositories of the Town. He discussed his letter with the board. He suggested
moving the Town's money to local banks He added that he thought this would benefit the
residents of the Town. Councilman Bettina thanked Mr. Davenport for his input. He stated that
the board would take his suggestions into consideration at the reorg-meeting. Councilman
Kuzmicz stated that generally the Town does look towards local banks, but there is a state law
that requires collateralization of the assets and many times the local banks don't have the
requirements so they can't go with them.
Town of Wappinger Page 2 Printed 12/28/2012
Minutes December 10, 2012
Town Board Meeting
_~
Motion To: close the floor to the public
_. _ _ _ _.. ._ .~ __._ _ _ _ _ ._._.___ _ .T_____..__ ~ __ ~____m
_.. _ _ I
j RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: William Beale, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
VII. Public Hearings
Town Clerk, Christine Fulton, offered for the record the Affidavits of Posting and Publication for
the Public Hearings, duly signed and notarized (These Affidavits are attached hereto and made a
part thereof the Minutes of the Public Hearing)
r..~
Page 3 Printed 12/28/2012
Town of Wappinger
AFFIDAVIT OF POSTING
STATE OF NEW y0~ ~
COUNTY OF DUTCHESS j ss.:
I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York
DEPOSE AND SAY:
That on the 27th day of November, 2012, I caused to be posted on the: official signboard
maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of Public
Hearing which ~,as a part of an Order adopted by the Town Board of said Town on November
26, 2012.
A true and correct copy of such Notice of Hearing is attached hereto.
Town Clerk
Sworn to before me this 30th day
of November, 2012.
Notary Public
~~~ ~
~Nk~ C f1~3f1
MY CasMlNfo~ °~~
~b'IA,2~t3
J
SOUTHERN DUTCHESS NEWS
NORTHERN DUTCHESS NEWS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 12590
Affidavit of Publication
To: TOWN OF WAPPINGERS FALLS
C/O TOWN CLERKS OFFICE
20 MIDDLEBUSH RD.
WAPPINGERS FALLS, NY 12590
Re: Legal notice #87892
State of NEW YORK
SS:
~oun~y 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 11/28/12.
Sworn to before m this 28th day of November, 2012
~(~Lc.
NANO H UKE
Notary Public, State of NEW YORK
No. O1HY6221990
Qualified in DUTCHESS County
My commission expires on June 14, 2014
~ough~eepzzie Journal
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi, of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says
that at the several times hereinafter mentioned he/she
was and still is the Principle Clerk of the Poughkeepsie
Newspapers Division of Gannett Satellite Information
Network, Inc., publisher of the Poughkeepsie Journal, a
newspaper published every day in the year 2012 in the
city of Poughkeepsie, Dutchess County, New York, and
that the annexed Notice was duly published in the said
newspaper for nnr~ , ^se~t~.e~s
And ending on the day of
in
the ear of 2012 ,both days inclusive.
Subscribed sworn to before me this ~_ y
~ ~ da
o the ye 2012
Notary Publ'c
My commission expires / D
~~
Nota ROSE ANN SIMPSON
ry Publk, State of Neyy York
Qualified 01St6215893
Commission in Dutchess County
Expires January q. 2014
successively, in each week, commencing on the 28th
day of Nov. in the year of 2012 'and
Town Board Meeting Minutes December 10, 2012
Public Hearing in the Matter of the Increase and Improvement of the Facilities of United
Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York
Motion To: open the floor to the public
There were no comments
! RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
~ SECONDER: William Beale, Councilman
AYES: Gutzler, Beale, Bettina, Czarnieclci, Kuzmicz
RESULT: CLOSED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: William Beale, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki Kuzmicz
VIII. Discussions
IX. Resolutions
RESOLUTION: 2012-317
Resolution Rejecting Lawn Mowing Bids
WHEREAS, the Town Board solicited bid proposals for mowing of lawns, debris
removal and trash removal in the Town of Wappinger Parks; and
WHEREAS, on Tuesday, November 13, 2012 at 2:00 PM the Town Clerk received 5
sealed bids; and
~ WHEREAS, all the bids that were received exceeded the projected budget
Lip.. appropriations; and
WHEREAS, the Town Board determines it is in the best interest of the Town to reject all
bids for mowing of lawns, debris removal and trash removal in the Town of Wappinger Parks.
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 mowing of lawns, debris
removal and trash removal for the Town of Wappinger Parks.
3. The Town Clerk is hereby directed to return all bid bonds in accordance with law.
4. The Town Board further reserves the right to reconsider solicitation of bids for
mowing of lawns, debris removal and trash removal in the Town of Wappinger
Parks during calendar year 2013.
The foregoing was put to a vote which resulted as follows:
/ Vote Record -Resolution RES 2012-3 17
Yes/Aye No/Nay Abstain Absent
0 Adopted Barbara Gutzler _
Voter 0 ^ ^ ^
^ Adopted as Amended William Beale Voter a ^ ^ ^
^ Defeated Vincent Bettina Seconder 0 ^ __
^ ^
^ Tabled Ismay Czarniecki .
Mover 8 ^ _
^ ^
^ Withdrawn Michael Kuzmicz Voter a ^ ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
RESOLUTION:. 2012-318
Resolution Rejecting the Request for Proposals for the Operation of the Town Recycle
Center
WHEREAS, the Town Board requested proposals for the operation of its Recycle
Center; and
Town of Wappinger Page 4 Printed 12/28/2012
Town Board Meeting Minutes December 10, 2012
WHEREAS, the Town of Wappinger was to receive such proposals by November 15,
2012; and
WHEREAS, only one proposal was received and it was submitted by electronic mail and
exceeded projected estimates of such operation; and
WHEREAS, the Town Board determines it is in the best interest of the Town to reject
the requested proposal for the operation of its Recycle Center.
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 the proposal for the operation of its Recycle
Center.
3. The Town Board further reserves the right to reconsider requesting proposals for
the operation of its Recycle Center during calendar year 2013.
The foregoing was put to a vote which resulted as follows:
/ Tote Record -Resolution RES-2012-318
a Adopted Yes/Aye No/IVay Abstain Absent
^ Adopted as Amended Barbara Gutzler Voter p ^ ^
^ Defeated William Beale
- - :Voter 0
^
^ Tabled Vincent Bettina Mover ® ^ ^
^ Withdrawn Ismay Czarniecki Seconder p ^ ^
Michael Kuzmicz Voter 8 ^ p p
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
RESOLUTION: 2012-319
Resolution Introducing Local Law_ of 2013 Which Would Amend Chapter 122, Fees and
Fines, and Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of
the Town Code
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013
which would amend Chapter 122, Fees and Fines, and Chapter 137, Wetland, Waterbody
and Watercourse Protection, of the Town Code; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and
statements set forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law _ of 2013 in the form
annexed hereto; except as specifically modified by the amendments contained
therein, the Town Code as originally adopted and amended from time to time
thereafter is to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
3. The Town Board hereby schedules a public hearing regarding the adoption of
the annexed proposed Local Law _ of 2013 for 7:30 PM on the 28th day of
January 2013 and the Town Clerk is hereby directed to publish notice thereof
in the Town's official newspapers not less than ten (10) days prior to said
public hearing date.
4. The Town Board hereby directs the Town Clerk to serve a copy of this
resolution, the annexed proposed Local Law, and the public hearing notice to
the municipal clerk of each abutting municipality not less than ten (10) days
prior to said public hearing.
Town of Wappinger Page 5 Printed 12/28/2012
Tn~nin Rnarrl MPPtInE
Minutes
December 10, 2012
The foregoing was put to a vote which resulted as follows:
/ Vote Record -Resolution RIES-2012-3 19
Yes/Aye No/Nay Abstain Absent
8 Adopted Barbaza Gutzler Voter a ^ ^ ^
^ Adopted as Amended William Beale Voter 0 ^ ^ ^
^ Defeated Vincent Bettina Mover 0 ^ ^ ^
^ Tabled Ismay Czamiecki Seconder 0 ^ ^ ^
^ Withdrawn Michael Kuzmicz Voter 0 ^ ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
RESOLUTION: 2012-320
Resolution Introducing Local Law_2013 Which Would Amend Chapter 206, Soil Erosion
and Sediment Control, of the Town Code
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013
which would amend Chapter 206, Soil Erosion and Sediment Control, of the Town Code;
and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and
statements set forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law _ of 2013 in the form
annexed hereto; except as specifically modified by the amendments contained
therein, the Town Code as originally adopted and amended from time to time
thereafter is to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
3. The Town Board hereby schedules a public hearing regarding the adoption of
the annexed proposed Local Law _ of 2013 for 7:30 PM on the 28th day of
January 2013 and the Town Clerk is hereby directed to publish notice thereof
in the Town's official newspapers not less than ten (10) days prior to said
public hearing date.
4. The Town Board hereby directs the Town Clerk to serve a copy of this
resolution, the annexed proposed Local Law, and the public hearing notice to
the municipal clerk of each abutting municipality not less than ten (10) days
prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
Vofe Record -Resolution RES-?012-320
Yes/Aye No/Nay ,Abstain Absent
a Adopted -
Barbara Gutzler Voter .,,
a ^ ^ ^
^ Adopted as Amended William Beale Voter _
0 ^ ^ ^
^ Defeated Vincent Bettina Mover 8 ^ __
_
^ ^
^ Tabled Ismay Czarniecki Seconder a ^ ^ ^
^ Withdrawn Michael Kuzmicz Voter B ^ ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
Town of Wappinger
Page 6
Printed 12/28/2012
Town Board Meeting Minutes December 10, 2012
RESOLUTION: 2012-321
Resolution Introducing Local Law _ 2013 Which Would Amend Chapter 213 Stormwater
Management, of the Town Code
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013
which would amend Chapter 213, Stormwater Management, of the Town Code; and
WHEREAS, the Town Board has determined that the Proposed Action. is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and
statements set forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law _ of 2013 in the form
annexed hereto; except as specifically modified by the amendments contained
therein, the Town Code as originally adopted and amended from time to time
thereafter is to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
3. The Town Board hereby schedules a public hearing regarding the adoption of
the annexed proposed Local Law _ of 2013 for 7:30 PM on the 28th day of
January 2013 and the Town Clerk is hereby directed to publish notice thereof
in the Town's official newspapers not less than ten (10) days prior to said
public hearing date.
4. The Town Board hereby directs the Town Clerk to serve a copy of this
resolution, the annexed proposed Local Law, and the public hearing notice to
the municipal clerk of each abutting municipality not less than ten (10) days
prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
/ Vote Record -Resolution RES 2812-321 -
® Adopted - Yes/Aye No/Nay Abstain Absent
^ Adopted as Amended Bazbaza Gutzler Voter a p ^ ^
^ Defeated William Beale Voter D ^ ^
^ Tabled Vincent Bettina Mover a ' ^ ^
^ Withdrawn Isma Czarniecki
y -- Seconder D ^ ^
Michael Kuzmicz -Voter m ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
RESOLUTION: 2012-322
Resolution Introducing Local Law _2013 Which Would Amend Chapter 214, Streets and
Sidewalks, of the Town Code
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013
which would amend Chapter 214, Streets and Sidewalks, of the Town Code; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
Town of Wappinger Page 7 Printed 12/28/2012
Tnwn Rnard Meetln!? Minutes December 10, 2012
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and
statements set forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law _ of 2013 in the form
annexed hereto; except as specifically modified by the amendments contained
therein, the Town Code as originally adopted and amended from time to time
thereafter is to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
3. The Town Board hereby schedules a public hearing regarding the adoption of
the annexed proposed Local Law _ of 2013 for 7:30 PM on the 28th day of
January 2013 and the Town Clerk is hereby directed to publish notice thereof
in the Town's official newspapers not less than ten (10) days prior to said
public hearing date.
4. The Town Board hereby directs the Town Clerk to serve a copy of this
resolution, the annexed proposed Local Law, and the public hearing notice to
the municipal clerk of each abutting municipality not less than ten (10) days
prior to said public
The foregoing was put to a vote which resulted as follows:
/ v'dte Record -Resolution RES-2012-322
Yes/Aye No/Nay Abstain Absent
8 Adopted Bazbara Gutzler Voter 0 ^ ^ ^
^ Adopted as Amended William Beale Voter _
0 ^ ^ ^
^ Defeated Bettina
Vincent Mover a ^ ^ ^
^ Tabled .
Ismay Czazniecki Seconder 0 ^ _
^ _ ^
^ Withdrawn Michael Kuzmicz Voter 0 ^ ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
RESOLUTION: 2012-323
Resolution Introducing Local Law _ 2013 Which Would Amend Chapter 122, Fee and
Fines, and Chapter 240, Zoning, of the Town Code
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013
which would amend Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town
Code; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and
statements set forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law _ of 2013 in the form
annexed hereto; except as specifically modified by the amendments contained
therein, the Town Code as originally adopted and amended from time to time
thereafter is to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
3. The Town Board hereby schedules a public hearing regarding the adoption of
Town of Wappinger Page 8 Printed 12/28/2012
Town Board Meeting Minutes December 10, 2012
the annexed proposed Local Law of 2013 for 7:30 PM on the 28th day of
January 2013 and the Town Clerk is hereby directed to publish notice thereof
in the Town's official newspapers not less than ten (10) days prior to said
public hearing date.
4. The Town Board hereby directs the Town Clerk to act as follows with respect
to the proposed Local Law:
a. To serve a copy of this resolution, the annexed proposed Local Law,
and the public hearing notice to the municipal clerk of each abutting
municipality not less than ten (10) days prior to said public hearing;
b. To serve a copy of this resolution, the annexed proposed Local Law,
and the public hearing notice to the Dutchess County Department of
Planning and Development for advisory review in accordance with
Section 239 of the General Municipal Law; and
c. To distribute a copy of this resolution, the annexed proposed Local
Law, and the public hearing notice to the Town of Wappinger
Planning Board for its review and recommendation pursuant to Section
240-112 of the Zoning Law prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
Vote Reeord - Resoiution RES-2012-323
® Adopted - Yes/Aye No/Nay Abstain Absent
^ Adopted as Amended Barbara Gutzler Voter 0 ^ ^ p
^ Defeated William Beale Voter a ^ ^
^ Tabled Vincent Bettina Mover a ^ ^ p
^ Withdrawn Ismay Czamiecki Seconder D ^ ^
Michael Kuzmicz Voter ® p
^
^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
RESOLUTION: 2012-324
Resolution Scheduling Special Meeting for the Purpose of the Annual Reorganization
Meeting
WHEREAS, the Town of Wappinger annually schedules a Reorganization Meeting prior
to the first regular business meeting of the new fiscal year; and
WHEREAS, the meeting shall be open to the public in accordance with applicable State
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 annual Town Board Reorganization Meeting for 2013 is hereby scheduled for
Monday, January 7, 2013, at 7:30 p.m. at Town Hall.
3. The Town Board hereby authorizes the Town Clerk to publish and post a special
meeting notice for the purpose of a Reorganization Meeting on Monday, January
7, 2013, at 7:30 p.m. at Town Hall, as well as post the special meeting notice on
the Town's website.
The foregoing was put to a vote which resulted as follows:
/ Vote Record - Resoiution RES-2012-324
® Adopted _ Yes/Aye No/Nay Abstain Absent
^ Adopted as Amended Barbara Gutzler Voter 0 ^ ^ ^
^ Defeated Wiliiam Beale Voter 0 ^ ^ ^
^ Tabled Vincent Bettina Seconder 8 ^ ^
^ Withdrawn Ismay~ Czarniecki Mover a ^ ^
Michael Kuzmicz
Voter
p
^
^ ..............
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
Town of Wappinger Page 9 Printed 12/28/2012
Tnwn R~ard Meetinr? Minutes December 10, 2012
9. Motion To: approve Resolution 2012-325 as amended
Graham Foster requested to add Karol Kelly and her 15 vacation days to resolution 2012-325
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ismay Czarniecki, Councilwoman
SECONDER: Vincent Bettina, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
RESOLUTION: 2012-325
Resolution Authorizing Employee Vacation Rollover Requests
WHEREAS, the Town of Wappinger Personnel Manual authorizes any non-union
employee to carry over up to 15 unused vacation days to the following year; and
WHEREAS, several Town of Wappinger non-union employees have requested to
carryover unused vacation days into calendar year 2013.
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 approves the following requests made by Town of
Wappinger non-union employees to carryover unused vacation days into calendar
year 2013:
Name
Regina Dauzat
Michelle D. Gale
Susan Randall
Debra A. Brown
Karol Kelly
Date of Request
12/4/12
12/5/12
12/5/12
12/5/12
The foregoing was put to a vote which resulted as follows:
Number of Carryover
Vacation Days
2
5
4
3
15
/ Vote Record -Resolution ICES-2012-325
~'es/Aye No/Nay Abstain Absent
D Adopted Barbara Gutzler Voter ~ ^ ^ ^
^ Adopted as Amended William Beale Voter a ^ ^ ^
^ Defeated _
Vincent Bettina _
Seconder _
a ^ __
^ ^
^ Tabled Ismay Czarniecki Mover 0 ^ ^ ^
^ Withdrawn Michael Kuzmicz .
Voter 0 ^ ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
RESOLUTION: 2012-326
Resolution Authorizing Highway Department Employee Vacation Rollover Request
WHEREAS, several Town of Wappinger Highway Department union employees have
requested to carryover unused vacation days into calendar year 2013.
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 approves the following requests made by the Town of
Wappinger Highway Department employees to carry unused vacation days into
calendar year 2013 as follows:
Town of Wappinger Page 10 Printed 12/28/2012
Town Board Meeting Minutes Decemhar 1r1 ~n~~
Name
Craig Bova
Christopher Heady
John Barry
David Montfort
Kevin C. Brower
David Varco
Michael Sheehan
Number of Carry Over
Date of Request Vacation Days
12/4/12 ~ 10
12/4/12 7
12/4/12 10
12/4/12 6
12/5/12 10
12/5/12 6
12/5/12 10
The foregoing was put to a vote which resulted as follows:
/ Vote Record -Resolution RES-212-326
® Adopted Yes/Aye No/Nay Abstain Absent
^ Adopted as Amended Barbara Gutzler Voter 0 ^ ^ p
^ Defeated William Beale Voter a ^ ^ p
^ Tabled Vincent Bettina Seconder D
.. ^
^ Withdrawn Ismay Czarniecki Mover ® ^ ^ _ p
Michael Kuzmicz Voter 0 ^ ^ p
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
X.
Items for Special Consideration
A. Supervisor Gutzler
RESOLUTION: 2012-335
Resolution Authorizing the Appropriation and Condemnation of Any and All Easements
Necessary to for Extension Number 2 to the United Wappinger Water District Under the
Eminent Domain Proceedings Law
WHEREAS, the Town Board of the Town of Wappinger determined that the
construction of Extension Number 2 to the United Wappinger Water District and the
improvements in accordance with said extension would not result in any significant adverse
environmental impact on October 9, 2012 by Resolution 2012-276; and
WHEREAS, the Town Board of the Town of Wappinger Established Extension Number
2 to the United Wappinger Water District and authorized the improvements in accordance with
said extension on October 9, 2012 by Resolution 2012-282; and
WHEREAS, Engineer to the Town, Morris Associates, P.L.L.C. has prepared plans for
construction of such improvements consisting of the installation of a 12 inch water distribution
main with laterals, hydrants, valves and other appurtenances, and
WHEREAS, the preferred route for the water distribution mains commences at a
connection point with the existing District water main located at the junction of Route 9 and Old
Hopewell Road and extending approximately 20,000 linear feet along Old Hopewell Road,
thence along New Hamburg road to Wheeler Hill Road, thence along Wheeler Hill Road to
Carnwath Farms, thence through Carnwath Farms to the Central Hudson Gas & Electric
Danskammer to Pleasant Valley Right of Way, thence along said right of way to River Road and
thence along River Road to the New York City Department of Environmental Protection Shaft
6B on River Road; and .
WHEREAS, most of the construction shall occur within the public rights of way, but
some easements are required over private property in order to construct these improvements; and
WHEREAS, the Town has entered into an agreement with the City of New York,
through its Department of Environmental Protection which contains a specific construction
schedule that must be adhered to and the easements necessary for construction must be obtained
promptly; and
WHEREAS, the Town has acquired easements from various property owners along the
water main route and has attempted to acquire easements from others; and
WHEREAS, negotiations with some landowners for easements have been unsuccessful
Town ojWappinger Page II Printed 12/28/2012
Town Board Meetin>; Minutes December 10, 2012
and the Town requires easements from these owners to construct the improvements; and
WHEREAS, because of road closures, drainage structures, gas pipelines, mature trees,
stone walls, and other obstructions, there are no alternative location other than over said
properties; and
WHEREAS, the Town Board has determined that it is necessary to commence
proceedings in accordance with the Eminent Domain Proceedings Law in order to acquire the
necessary easements over the affected properties to proceed with construction of the water main;
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 commencement of Eminent Domain
proceedings in the Supreme Court, State of New York, County of Dutchess with
respect to the affected properties pursuant to the Eminent Domain Proceedings
Law of the State of New York pursuant to Town Law §64(2).
3. The Town Board hereby authorizes Albert P. Roberts, Attorney to the Town, or
any member of his firm, Stenger, Roberts, Davis & Diamond, LLP to represent
the Town of Wappinger on behalf of the United Wappinger Water District
Extension Number 2 in conjunction with all proceedings to appropriate the
necessary easements in accordance with the Eminent Domain Proceedings Law
and to take all necessary actions with respect to such proceedings.
4. The Attorney to the Town is hereby directed to obtain the necessary appraisals for
the affected properties from McGrath & Company, Inc.; the retention of such firm
was previously authorized by resolution of the Town Board which also authorized
conducting the necessary title examination for the real property along the route of
the water line and related work.
5. The Town Board hereby authorizes the Engineer to the Town to prepare all
necessary takings maps and any other documents necessary to assist the Attorney
to the Town with respect to the eminent domain proceedings.
6. The Attorney to the Town is authorized to make an offer of settlement to all
property owners pursuant to the Eminent Domain Proceedings Law, for the
appraised value of the property to be appropriated.
7. 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 7th day of January 2013 at 7:30 o'clock P.M.,
Prevailing Time, for the purpose of holding a public hearing to consider whether
such property should be acquired by eminent domain 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.
8. In accordance with Eminent Domain Proceedings Law § 202(A), the Town Clerk
is hereby authorized and directed to cause a copy of the attached Notice of Public
Hearing to be published in the Poughkeepsie Journal, an official newspaper of the
Town published daily, for five consecutive days, and in the Southern Dutchess
News, an official newspaper of said Town published weekly, one time, the first
publication thereof to be not less than ten nor more than thirty 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
thirty days before the day set for the hearing as aforesaid.
9. In accordance with Eminent Domain Proceedings Law § 202(C), the Town Clerk
is hereby authorized and directed to notify, either by personal service or certified
mail, return receipt requested, the affected property owners not less than ten nor
more than thirty days before the day set herein for the hearing as aforesaid.
The foregoing was put to a vote which resulted as follows:
Vote Record -Resolution RES-2012-335 ,
Yes/Aye No/Nay Abstain Absent
D Adopted - -
Barbara Gutzler _
Voter _
~ ^ ,.
^ ^
^ Adopted as Amended William Beale Mover 8 ^ ^ ^
^ Defeated Vincent Bettina Seconder a ^ ^ ^
^ Tabled Ismay Czartiecki Voter a ^ ^ ^
^ Withdrawn Michael Kuzmicz 'Voter B ^ ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
Town of Wappinger Page 12 Printed 12/28/2012
Town Board Meeting Minutes I~aramhar 1f1 ~n17
RESOLUTION: 2012-334
Resolution Authorizing Refund of Escrow for Osborne Square (Performance Agreement)
(Account 10-3206)
WHEREAS, on or about June 9, 2010, Kevin Lund for Osborne Square, (hereinafter
the "Applicant") filed a Performance Agreement for site restoration under Application Number
10-3206; and
WHEREAS, on or about June 9, 2010, the Applicant deposited Eighteen Thousand
Dollars ($18,000.00) into an escrow account with the Town of Wappinger to guarantee required
site restoration, as needed; and
WHEREAS, the Applicant was granted Conditional Site Plan Approval by the Planning
Board; and
WHEREAS, the Zoning Administrator, has determined that the site restoration bond is
no longer required and has authorized a release of the Eighteen Thousand Dollars ($18,000.00)
to Applicant; 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
Eighteen Thousand Dollars ($18,000.00) from escrow
The foregoing was put to a vote which resulted as follows:
Vote Record -Resolution R1ES-2012-334
0 Adopted Yes/Aye No/Nay Abstain Absent
^ Adopted as Amended Barbara. Gutzler Voter 0 ^ ^ ^
^ Defeated William Beale Voter 0 ^ ^
^ Tabled Vincent Bettina Seconder a ^
^ Withdrawn Ismay Czarniecki Mover D _ ^ ^ p
Michael Kuzmicz Voter ' m ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
RESOLUTION: 2012-331
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
"District" or "Sewer District") to pay the District's share of the cost of improvements to the
Wappingers Creek Pump Station located at the corner of Market Street and Franklindale Avenue in
the Village of Wappingers Falls, a facility of Tri-Municipal Sewer Commission, including original
furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and
expenses in connection therewith, at a maximum estimated cost of $385,000; and
WHEREAS, at a meeting of said Town Board duly called and held on November 26, 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 $385,000, 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 December 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
Town of Wappinger Page 13 Printed 12/28/2012
Town Board Meeting Minutes December 10, 2012
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 District's share of the cost of improvements to the Wappingers Creek Pump
Station located at the corner of Market Street and Franklindale Avenue in the Village of Wappingers
Falls, a facility of Tri-Municipal Sewer Commission, including original furnishings, equipment,
machinery, apparatus, appurtenances, and incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $385,000.
Section 2. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
/ Vote Record -Resolution RES-2012-331
Yes/Aye No/Nay .,Abstain Absent
8 Adopted -
Barbara Gutzler Voter 0 ^ ^ ^
^ Adopted as Amended William Beale _
Voter a ^ ^ ^
^ Defeated Vincent Bettina Seconder 0 ^ ^ ^
^ Tabled Ismay Czarniecki Voter 0 ^ _
^ ^
^ Withdrawn Michael Kuzmicz Mover _
0 ^ ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
RESOLUTION: 2012-332
A Resolution Authorizing the Issuance of $385,000 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. Improvements to the United Wappinger Sewer District consisting of the
District's share of the cost of improvements to the Wappingers Creek Pump Station located at
the corner of Market Street and Franklindale Avenue in the Village of Wappingers Falls, a
facility of Tri-Municipal Sewer Commission, including original furnishings, equipment,
machinery, apparatus, appurtenances, and incidental improvements and expenses in connection
therewith, are hereby authorized at a maximum estimated cost of $385,000.
Section 2. It is hereby determined that the plan for the financing of said specific
object or purpose is by the issuance of $385,000 bonds of said Town hereby authorized to be
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, there shall annually be levied on all the taxable real property of said Town, a tax
sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Town of Wappinger Page 14 Printed 12/28/2012
Town Board Meeting
Minutes
December 7 ~_ ~n1 ~
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
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.
The foregoing was put to a vote which resulted as follows:
/ Vole Record -Resolution RES-2012-332
® Adopted Yes/Aye No/Nay Abstain Absent
^ Adopted as Amended Barbara Gutzler Voter (~ ^ ^ ^
^ Defeated William Beale Seconder D ^ ^ p
^ Tabled Vincent Bettina Voter 0 ^ ^
^ Withdrawn IsmayCzarniecki
__ Mover_ ® ^ ^ ^
Michael Kuzmicz Voter (~ ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
J
Town of Wappinger Page 1 S Printed 12/28/2012
Town Board Meeting
Minutes
December 10, 2012
XI. New Business
A. Councilman Beale
Councilman Beale stated that K104 was collecting for the displace residents from the Goring
building at the Grinnell Library. People may drop off thing there to help those who have lost
everything.
XII. Executive Session
Motion To: go into Executive session for legal negotiations
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Motion To: come out of Executive Session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Councilman
SECONDER: Ismay Czarnieck, Councilwoman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
RESOLUTION: 2012-333
Resolution Ratifying a Collective Bargaining Agreement Between the Town of Wappinger
and Teamsters Union Number 445, International Brotherhood of Teamsters, on Behalf of
the Town Hall Employees
WHEREAS, the Town of Wappinger ("the Town") is signatory to a Recognition
Agreement dated February 9, 2010 recognizing the International Brotherhood of Teamsters,
Loca1445 ("Loca1445") as the exclusive collective bargaining representative of various Town
employees; and
WHEREAS, following negotiations between the Town and Loca1445 for a Collective
Bargaining Agreement ("CBA"), the respective negotiating teams have agreed upon a CBA, in
the form attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Wappinger ratifies the Collective Bargaining Agreement that is attached to this Resolution and
authorizes Town Supervisor, Barbara Gutzler, to execute the Collective Bargaining Agreement
on behalf of the Town of Wappinger.
The foregoing was put to a vote which resulted as follows:
Vote.. Record -Resolution RES-2012-333
YeslAye No/Nay Abstain Absent
0 Adopted Barbara Gutzler _
Voter _
8 ^ ^ ^
^ Adopted as Amended William Beale Voter ^ Ei ^ ^
^ Defeated Vincent Bettina Seconder 0 ^ ^ ^
^ Tabled Ismay Czamiecki Mover a ^ ^ ^
^ Withdrawn Michael Kuzmicz :Voter ! ^ 0 ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
XIII. Town Board Review of Vouchers
Town of Wappinger Page 16 Printed 12/28/2012
Town Board Meeting
Minutes
December 10, 2012
RESOLUTION: 2012-327
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-KKK
Vendor A
(General
Town wide B
(General
PartTown DB
(Highway) HWN
NYC Dep
Central
Hudson 24.54
Central $70.19
Hudson ,
Central $70.19
Hudson
Central $42.07
Hudson
Central $437.94
Hudson
Central $68.74
Hudson
Morris Assoc
Fredrick P Clark $387.50
AI Roberts $17,104.40
AI Roberts $9,042.00
Morris Assoc $67,088.70
AI Roberts
MVP Health $21,966.49 $5,840.80 $17,649.37
Plan
MVP Gold $3,689.40
First Unim Life $263.38 $60.78 $151.95
Cablevision $89,75
Paetec $590.43 $24.09
Poland Spring $145.93
Totals $27,459.05 $5,925.67 $17,801.32 $93,622.60
Vendor T92 Pay Board Hold
Central Hudson
24.54
Central Hudson 70.19
Central Hudson 70.19
Central Hudson 42.07
Central Hudson 437.94
Central Hudson 68.74
Morris Assoc $126.50 126.50
Fredrick P Clark 387.50
AI Roberts 17,104.40
AI Roberts 9,042.00
Morris Assoc 67,088.70
AI Roberts $33.00 33.00
MVP Health Plan 45,456.66
MVP Gold 3,689.40
First Unim Life 476.11
Cablevision 89.75
Paetec 614.52
Poland Spring 145.93
Totals $159.50 $144,968.14 $0.00 $0.00
18 0 0
$144,968.14
$144, 968.14
i
f
J
rrrl~
Town of Wappinger Page 17 Printed 12/28/2012
Town Board Meeting Minutes December 10, 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 December 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 Reeord -Resolution RES-2012-327
Yes/Aye No/Nay Abstain Absent
8 Adopted Barbara Gutzler Voter 0 ^ ^ ^
^ Adopted as Amended William Beale Voter B ^ ^ ^
^ Defeated Vincent Bettina Mover 0 ^ ^ ^
^ Tabled Ismay Czarniecki Seconder 8 ^ ^ ^
^ Withdrawn Michael Kuzmicz Voter I 0 ^ _
^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
RESOLUTION: 2012-328
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-LLL
Vendor A AM B DB
(General (Ambulance (General (Highway)
Town Fund) PartTown)
wide)
Southern Dut News
Camo $25.00
Camo $25.00
DC Sheriff $4,844.27
James Baisley
James Baisley
Bottini Fuel
Bottini Fuel $628.09
D&D Doors $245.00
Corbin Excavating
West Payment $170.00
Center
West Payment $254.40
Center
Meadowbrook Farm $202.07
Meadowbrook Farm $35.94
Meadowbrook Farm $59.50
Capital Market $2,100.00
Advisors
Carquest
Arkel Motors
Adams Power Equip $24.40
Dut Co Truck Parts
Tilcon
Grainger $106.05
Staples $41.96
Staples $54.98
Atlas Star $83,92
Matt Moss
Healey Brothers $261.73
Chevy
Big Top Portable $58.50
Toilets
Morris Assoc
75.63
$8,922.42
$1,250.00
$525.00
$9,906.13
$594.00
$417.54
$331.44
$1,055.60
$493.26
$400.00
Town of Wappinger Page I S Printed 12/28/2012
Town Board Meeting
Minutes
December 10, 2012
Morris Assoc
Morris Assoc
Morris Assoc
Francis Malafronte
Amazon
Otis Elevator
American Printing
Morris Assoc
Transcare
Wells Fargo
Wells Fargo
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
Totals
Vendor
Southern Dut News
Camo
Camo
DC Sheriff
James Baisley
James Baisley
Bottini Fuel
Bottini Fuel
D&D Doors
Corbin Excavating
West Payment
Center
West Payment
Center
Meadowbrook Farm
Meadowbrook Farm
Meadowbrook Farm
Capital Market
Advisors
Carquest
Arkel Motors
Adams Power Equip
Dut Co Truck Parts
Tilcon
Grainger
Staples
Staples
Atlas Star
Matt Moss
Healey Brothers
Chevy
Big Top Portable
Toilets
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Francis Malafronte
$109.39
$15.29
$435.00
$168.97
$1,204.50
$214.50
$5,800.50
$5,862.00
030.96
CBG
(Challenger
Field)
$32,916.66
916.66
T92 (Plann/Zon
Escrows)
$26, 089.80
$69.00
$575.00
$245.00
$26.53
$82.50
$1, 072.50
$66.00
$345.90
$297.00 $33.00
10,888.48 I $15,005.97
WU (United SU (United
Wapp.Water Sewer fund)
Fund)
J
J
Town of Wappinger Page 19 Printed 12/28/2012
Town Board Meeting
Minutes
December 10, 2012
Amazon
Otis Elevator
American Printing
Morris Assoc
Transcare
Wells Fargo
Wells Fargo
AI Roberts
AI Roberts $148.50
AI Roberts
AI Roberts
AI Roberts $181.50
AI Roberts
AI Roberts $198.00
AI Roberts $214.50
AI Roberts $33.00
AI Roberts $2,260.50
AI Roberts
AI Roberts $709.50
AI Roberts
AI Roberts
AI Roberts
Totals $709.50 $29,470.30 $214.50 $330.00
Vendor T33 HWN PaY
Parkland (NYC Dep
Trust Waater
Main)
~.
,.:
~r
Southern Dut News
Camo
Camo
DC Sheriff
James Baisley
James Baisley
Bottini Fuel
Bottini Fuel
D&D Doors
Corbin Excavating
West Payment
Center
West Payment
Center
Meadowbrook Farm
Meadowbrook Farm
Meadowbrook Farm
Capital Market
Advisors
Carquest
Arkel Motors
Adams Power Equip
Dut Co Truck Parts
Tilcon
Grainger
Staples
Staples
Atlas Star
Matt Moss
Healey Brothers
Chevy
Big Top Portable
Toilets
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Francis Malafronte
Amazon
Town of Wappinger Page 20 Printed 12/28/2012
Town Board Meeting Minutes December 10, 2012
Otis Elevator $2,600.00
American Printing
Morris Assoc $59,513.50
Transcare 32,916.66
Wells Fargo 435.00
Wells Fargo 168.97
AI Roberts .
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts
AI Roberts $11, 594.00
AI Roberts $544.50
Al Roberts $1,663.00
Totals $2,600.00 $73,315.00 $33,520.63
3
$188,481.37
Vendor Board Hold
Southern Dut News 75.63
Camo 25.00
Camo 25.00
DC Sheriff 13,766.69
James Baisley 1,250.00
James Baisley 525.00
Bottini Fuel 9,906.13
Bottini Fuel 628.09
D&D Doors 245.00
Corbin Excavating 594.00
West Payment 170.00
Center
West Payment 254.40
Center
Meadowbrook Farm 202.07
Meadowbrook Farm 35.94
Meadowbrook Farm 59.50
Capital Market 2,100.00
Advisors
Carquest 417.54
Arkel Motors 331.44
Adams Power Equip 24.40
Dut Co Truck Parts 1,055.60
Tilcon 493.26
Grainger 106.05
Staples 41.96
Staples 54.98
Atlas Star 83.92
Matt Moss 400.00
Healey Brothers 261.73
Chevy
Big Top Portable 58.50
Toilets
Morris Assoc 26,089.80
Morris Assoc 69.00
Morris Assoc 575.00
Morris Assoc 245.00
Francis Malafronte 26.53
Amazon 109.39
Otis Elevator 2,600.00
American Printing 15.29
Morris Assoc 59,513.50
Transcare
Wells Fargo
Wells Fargo
Town of Wappinger Page 21 Printed 12/28/2012
Town Board Meeting Minutes December 10, 2012
AI Roberts 1,204.50
AI Roberts 148.50
AI Roberts 82.50
AI Roberts 214.50
AI Roberts 181.50
AI Roberts 1,072.50
AI Roberts
AI Roberts 214.50
AI Roberts
AI Roberts 2,326.50
AI Roberts 6,146.40
AI Roberts 6,901.50
AI Roberts 11,594.00
AI Roberts 544.50
AI Roberts 1,663.00
Totals $153,840.74
47
$188,481.37
198.00
33.00
120.00
3
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 December 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 Reeord -Resolution RES-2012-328
Yes/Aye No/Nay Abstaiq Absent
a Adopted Barbara Gutzler Voter 8 ^ ^ ^
^ Adopted as Amended William Beale Voter 8 ^ ^ ^
^ Defeated _
Vincent Bettina Mover a ^ ^ O
^ Tabled
Ismay Czamiecki ;
Seconder
a
^
^ _.
^
^ Withdrawn Michael Kuzmicz :Voter EI ^ ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
RESOLUTION: 2012-329
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-MMM
Vendor A
(General
Town
wide) B
(General
PartTown) HWN
(NYC
DEP
Water
Main LC
Cameli
Lighting
Camo
Camo
Central Hudson $3,037.06 $85.45
Central Hudson $175.74
Poughkeepsie Jour
Southern Dut News
AI Roberts $3,799.00
AI Roberts $3,705.67
AI Roberts $1,765.00
Petty Cash M. Price $46.74
Safeguard $39.00
Dutchess Metal $30.00
E.J. Prescott
Wells Fargo $349.65
Gellert & Klein $$2.50
Town of Wappinger Page 22 Printed 12/28/2012
Town Board Meeting Minutes December 10, 2012
Gellert & Klein $594.00 $214.50
Gellert & Klein $5,461.50
W. B. Mason $8.31
R. Costa Electric $126.90
Big Top Portable $58.50
Roberts IT $1,678.75
Consultin
Totals $8,651.59 $3,251.56 $9,269.67 $85.45
Vendor LD Chelsea LH SF SM
Lighting Hughsonville Fleetwood Midpoint
Lighting Sewer sewer
Camo 8,150.00 9,666.67
Camo
Central Hudson $931.20 $2,668.94
Central Hudson
Poughkeepsie Jour
Southern Dut News
AI Roberts
AI Roberts
AI Roberts
Petty Cash M. Price
Safeguard
Dutchess Metal
E.J. Prescott
Wells Fargo
Gellert & Klein
Gellert & Klein
Gellert & Klein
W. B. Mason '
R. Costa Electric
Big Top Portable
Roberts IT
Consulting
Totals $931.20 $2,668.94 $8,150.00 $9,666.67
Vendor SU United SW
Wapp Sewer Watch Hill
Sewer
Camo 55,750.00 13,116.67
Camo
Central Hudson
Central Hudson
Poughkeepsie Jour $82.64
Southern Dut News $86.45
AI Roberts
AI Roberts
AI Roberts
Petty Cash M. Price
Safeguard
Dutchess Metal
E.J. Prescott
Wells Fargo
Gellert & Klein
Gellert & Klein
Gellert & Klein
W. B. Mason
R. Costa Electric
Big Top Portable
Roberts IT
Consulting
WF WH
Fleetwood Watchill
Water Water
$2,233.33 $1,541.67
J
Totals $55,919.09 $13,116.67 $2,233.33 $1,541.67
Vendor WT (Tall WU
Trees Water) (Wapp United
Water)
Camo
Camo $2,908.33 $66,500.00
Pay
Town of Wappinger Page 23 Printed 12/28/2012
Town Board Meeting Minutes December 10, 2012
Central Hudson 6,722.65
Central Hudson 175.74
Poughkeepsie Jour
Southern Dut News
AI Roberts
AI Roberts
AI Roberts
Petty Cash M. Price
Safeguard
Dutchess Metal
E.J. Prescott $2,100.58
Wells Fargo 349.65
Gellert & Klein
Gellert & Klein
Gellert & Klein
W. B. Mason
R. Costa Electric
Big Top Portable
Roberts IT
Consulting
Totals $2,908.33 $68,600.58 $7,248.04
3
$186,994.75
Vendor Board Hold
Camo 86,683.34
Camo 73,183.33
Central Hudson
Central Hudson
Poughkeepsie Jour 82.64
Southern Dut News 86.45
AI Roberts 3,799.00
AI Roberts 3,705.67
AI Roberts 1,765.00
Petty Cash M. Price 46.74
Safeguard 39.00
Dutchess Metal 30.00
E.J. Prescott 2,100.58
Wells Fargo
Gellert & Klein 82.50
Gellert & Klein 808.50
Gellert & Klein 5,461.50
W. B. Mason 8.31
R. Costa Electric 126.90
Big Top Portable 58.50
Roberts IT 1,678.75
Consultin
Totals $179,746.71 $0.00
18 0
$186,994.75
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 December 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 fore>?oins? was nut to a vote which resulted as follows:
/ Vate Record -Resolution RES-2012-329
Y'es/Aye No/Nay Abstaiq Absent
~ Adopted _.
-
Barbara Gutzler
Voter
8
^
^
^
^ Adopted as Amended William Beale Voter a ^ ^ ^
^ Defeated Vincent Bettina Mover 0 ^ ^ ^
^ Tabled
^ Withdrawn Ismay Czamiecki Seconder 0 ^ ^ ^
Michael Kuzmicz Voter 0 ^ ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
Town of Wappinger Page 24 Printed 12/28/2012
Town Board Meeting Minutes December 10, 2012
RESOLUTION: 2012-330
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-NNN
Vendor A
(General
Town
wide B
(General
PartTown) DB
Highway
Fund T92
Escrows
Home Depot 93.35
Home Depot $26.86
Home Depot $5,72
Home Depot $9.97
Terry Glass $400.00
Corbin Excava $1,188.00
Safeguard $39.00
Conklin Serv $166.25
Conklin Serv $213.75
Frederick P $306.00
Clark
Frederick P $4,576.50
Clark
Frederick P $1, 054.00
Clark
Frederick P $326.50
Clark
Frederick P $2, 914.00
Clark
Frederick P $16,740.50
Clark
Arkel Motors $653.34
Snap on Tools $244.84
Aflac
Totals $174.90 $2,914.00 $2,866.18 $23,003.50
Vendor T16 Aflac Pay
Home Depot
Board
Hold
Home Depot
Home Depot
Home Depot
Terry Glass
Corbin Excava
Safeguard
Conklin Serv
Conklin Serv
Frederick P
Clark
Frederick P
Clark
Frederick P
Clark
Frederick P
Clark
Frederick P
Clark
Frederick P
Clark
Arkel Motors
93.35
26.86
5.72
9.97
400.00
1,188.00
39.00
166.25
213.75
2,914.00
16,740.50
653.34
306.00
4,576.50
1, 054.00
326.50
k
Town of Wappinger Page 25 Printed 12/28/2012
Town Board Meeting Minutes December 10, 2012
Snap on Tools
Aflac $241.50
Totals
$241.50
$29,200.08
241.50
244.84
0.00
0.00
0.00
$241.50 $22,695.58 $6,263.00
1 16 4
$29,200.08
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 December 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 - Resolatian ltl's-2012-330
a Adopted Yes/Aye No/Nay .Abstain Absent
^ Adopted as Amended Bazbaza Gutzler Voter 0 ^ ^
^ Defeated Wiiliam Beale _ Voter _ 8 _ ^ ^
^ Tabled Vincent Bettina Mover 0 ^ ^ [7
^ Withdrawn Ismay Czazniecki Seconder B ^ ^ ^
Michael Kuzmicz ;Voter a ^ ^ ^
Dated: Wappingers Falls, New York
December 10, 2012
The Resolution is hereby duly declared adopted.
XIV. Adjournment
XV. Motion To: Wappinger Adjournment & Signature
The meeting adjourned at 9:26 PM. _
,~ - '~,
Christine on
Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Beale, Councilman
SECONDER: Ismay Czarniecki, Councilwoman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kttzmicz
Town of Wappinger Page 26 Printed 12/28/2012