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2013-03-25 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us -• Agenda — Christine Fulton 845-297-5771 Monday, March 25, 2013 7:30 PM Town Hall I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Minutes Approval Monday, March 04, 2013 Monday, March 11, 2013 V. Correspondence Log 2013-108. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Portion VII. Discussions A. Grinnell Library Presentaion:Library District B. Roberts Road Pump Station: Authorize Bid Process C. Highway Superintendent Update of Activities D. Recreation Update of Activities/Events VIII. Resolutions 2013-109. Resolution Authorizing Change Order No.1 for Little League Challenger Field Project Funded by Community Development Block Grant IX. Items for Special Consideration X. New Business XI. Executive Session XII. Town Board Review of Vouchers 2013-110. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2013-111. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by'Town Board Yr.. XIII. Adjournment Town of Wappinger Page I Printed 312212013 1 Town of Wappinger Town Board Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Christine Fulton 845-297-5771 Monday, March 25, 2013 7:30 PM Town Hail Call to Order Attendee Name Organization Title Status Arrived Barbara Gutzler Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Michael Kuzmicz Town of Wappinger Councilman Present Graham Foster Town of Wappinger Highway Superintedent Present Bob Gray Town of Wappinger Engineer to the Town Present Al Roberts Town of Wappinger Attoney to the Town Present Jim Horan Town of Wappinger,. Attorney to the Town Present Salute to the Flag Adoption of Agenda Motion To: adopt the agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Minutes Approval 1. Monday, March 04, 2013 2. a ✓ Vote Record - Acceptance of Minutes for March 4 2013 7:30 PM Yes/Aye No/Nay Yes/Aye No/Nay Abstain Absent 0 Barbara Gutzler Voter 0 ❑ ❑ ❑ 8 Accepted William Beale Seconder a ❑ 13 13 ❑ Accepted as Amended Vincent Bettina Voter 0 ❑ 11❑ ❑ ❑ Tabled Ismay Czamiecki Mover a ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Monday, March 11, 2013 ✓ Vote Record - Acceptance of Minutes for March 11 2013 7:30 ISM Yes/Aye No/Nay Abstain Absent Barbara Gutzler Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Seconder El ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter a ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Mover a ❑ ❑ ❑ Michael Kuzmicz Voter El ❑ ❑ ❑ Correspondence Log RESOLUTION: 2013-108 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. Town of Wappinger Page 1 Printed 4/4/2013 Town Board Meeting Minutes March 25, 2013 VI. The foregoing was put to a vote which resulted as follows: Vote Record -Resolution RES -2013-108 ® Adopted Yes/Aye No/Nay Abstain Absent 11Adopted as Amended Barbara Gutzler -- Voter 63 El❑ 11 Defeated William Beale Seconder 8 p ❑ 0 ❑ Tabled Vincent Bettina Mover 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czarniecki Voter ® ❑ ❑ Michael Kuzmicz Voter p Dated: Wappingers Falls, New York March 25, 2013 The Resolution is hereby duly declared adopted. Public Portion Motion To: open the floor to the public RESULT ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER; Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czamiecki, Kuzmicz Public Comment Supervisor Gutzler informed the residents that if they had any questions about the formation of the Grinnell Library District, they could pose their questions during the public portion and the representatives from the library district would answer them during their presentation. Gary Lindstrom asked a question about the legal notice sent out for the Grinnell Library vote, he pointed out that there were six possible candidates for the Library Trustee positions and nine seats on the board of trustees. He asked how the other spots would be filled. Joseph Incoronato, a County Legislator, spoke on what was actually going to be voted on at the Grinnell Library vote. He stated that there were going to be three votes taking place: one for the budget, one for the trustees, and one vote on the formation of the district. Supervisor Gutzler stated that she had believed that there were three separate votes, but that she has since learned that was incorrect. There will be only two votes taking place. There would be one vote that would decide if the district would be formed and would set the budget. The second vote would be the election of the trustees. Mr. Incoronato said that he hopes that the new library budget would stay within the 2% tax cap. 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. Grinnell Library Presentaion:Library District Roger Higgins, current trustee of the Grinnell Library Association thanked the Board for inviting him to speak and he then read a list of the current library trustees. Mr. Higgins explained that the process of forming the legislative Grinnell Library Districts has been taking place over the past two years. He then discussed the reasons for wanting to form a legislative library district. First, there are many other legislative library districts in the area. Also, currently 8 out of 14 members on the current board of trustees do not live within the library district. The board is an autonomous board that has to answer to no one. Mr. Higgins pointed out that the fact that the current library board is not accountable to anyone should be worrisome to all. If the district is Town of Wappinger Page 2 Printed 4/4/2013 Town Board Meeting Minutes March 25, 2013 approved, that will change. Trustees will be elected by the residents. Since only six people are running for the nine spots on the board, there will be the opportunity for write in candidates. If on election night, the vacant spots on the board are not filled, the board members that were elected by the vote will appoint members to the vacant positions. Another reason for the formation of the legislative library district is the budget. The amount of funding for the library provided by the Town of Wappinger has not increased since the year 2008. If formation of the district is approved, the budget will be approved by the residents every year. That budget will be created by the board of trustees and will allow the library to stop working under a stagnant budget. Mr. Higgins stated that any increases to the library district's budget would be subject to the 2% tax cap. Finally, Mr. Higgins stated that the formation of the Library district would help solve tax inequity problems. Some residents within the Village of Wappingers Falls have been paying taxes to support the Adriance Memorial Library in Poughkeepsie and also the Grinnell Library through the taxes they were paying to the Village of Wappingers Falls. These residents however, were not actually living within the boundaries of the Grinnell Library area. Councilman Beale and Councilman Bettina pointed out that there are other areas within the Town of Wappinger and the Village of Wappingers Falls that are subject to double taxation for library services. Councilman Bettina stated that the residents in his district that live in the Beacon School District are double taxed, once for the Grinnell Library Association and once for the Beacon School District Library System. These, residents living within the Beacon School District are not eligible to vote in the upcoming Grinnell Library vote despite currently being taxed as part of the library area. However, Councilman Bettina pointed out that if the Library District was approved and formed, these residents living in the Beacon School District would no longer be taxed as part of the Grinnell Library District. Councilman Bettina stated that he was pleased that if the district formation was approved, Library Trustees would be required to live within the library district. He then asked; what would happen with unfilled seats after the election? Mr. Higgins answered that the elected trustees would have the right to appoint trustees to the unfilled seats, but that those people would still have to live within the library district. Councilwoman Czarniecki asked how much the increase would be on residents' tax bills. Mr. Higgins said that he believed the increase would be between $15 and $20 on a $250,000 home. He also reminded the Board again that there had not been an increase in the library's budget over the past five years. Supervisor Gutzler stated that residents were interested in the demographics of who uses the Grinnell Library the most. Jessica Gonzales, Director of the Grinnell Library stated that residents from all over the Town and the Village use the services provided by the library. Supervisor Gutzler asked if the budget passed; when would it take effect? Ms. Gonzales said that the Budget would run January through December. So, the Budget would go into effect and the trustees would take their seats in January of 2014. Supervisor Gutzler stated that she had been asked by residents; how the Library would be working to control their expenses? Ms. Gonzales said that since she was hired two years ago she has restructured the personnel and has not always replaced staff members who have left. Ms. Gonzales has tried to reduce the cost of the programs offered by the library without reducing the programming. Mr. Higgins described some of the fundraising activities of the Library, such as the annual gala. Councilwoman Czarniecki asked about where the funding would come from if the library district was approved. Ms. Gonzales explained that the funding given by the Town of Wappinger, Village of Wappingers Falls, and Town of Poughkeepsie would disappear, and residents would be taxed directly by the library district. Supervisor Gutzler pointed out that those funds would still be collected by the towns and village, but that it would no longer be counted with the Town's budget. Councilman Beale explained that he felt it was a "cleaner process" to have library special district created, so residents are taxed equally. He also stated that since many of the people on the current board of trustees do not live within the library district, the board would lose a lot of talent, since they could no longer serve under the new legislative library district. He expressed that he hoped these people would stay involved in the library in some way. Councilman Bettina asked how people were informed about the vote and how information about the election had been dispersed. Jessica Gonzales said that a mailer had gone out to residents but that some residents had not received it. However, it was also posted in the local newspapers as well as on the library's website. Jim Horan, Attorney to the Town asked about the requirements to be able to vote. Ms. Gonzales stated that they would have to be a registered voter living within the proposed library district. Supervisor Gutzler then asked if all of the residents' questions had been answered. B. Roberts Road Pump Station: Authorize Bid Process Supervisor Gutzler stated that the pump at the Roberts Road Station was in dire need of repair. She stated that residents have been very cooperative in allowing access to the site. The design process is finished and has been approved by the health department and the DEC. Now, the Town needs to go to bid for the construction of the new pump station. Councilwoman Czarniecki Town of Wappinger Page 3 Printed 4/4/2013 Town Board Meeting Minutes March 25, 2013 motioned to authorize the Town Engineer to go to bid for the construction of the pump station. The motion was seconded by Councilman Kuzmicz and all Town Board members voted in favor. Motion To: authorize the Town Engineer to go out to bid for the Roberts Road pump station RESULT; .1_ _ 1.11. ........................ ................ ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William Beale, Ismay Czarniecki, Michael Kuzmicz ABSENT: Vincent Bettina C. Recreation Update of Activities/Events Engineer Greg Bolner stated that the third phase of the Challenger Little League CDBG funds a portable restroom trailer. Mr. Bolner described the content of a change order that provided for the construction of the portable restroom trailer. Mark Price then handed out a booklet that detailed upcoming Town of Wappinger Recreation events. He also gave the Board an update about Community Day. He stated that Community Day will be in September, and that he was in contact with a small local carnival company to provide a few attractions for Community Day. This company charges a flat rental fee, rather than charging per ride. Mark Price stated that because of this, there is a possibility that these attractions could be offered to the residents for no charge on Community Day. Mr. Price said that he was considering using the money that would usually be spent on fireworks to pay the rental fee for the carnival company; allowing the rides to be offered free to residents. Supervisor Gutzler stated that recreation was on the right track. However, she would really like to see fireworks kept as part of Community Day. Councilman Kuzmicz agreed that if all possible, there should still be fireworks at community day. He also thanked Mark Price and Ralph Holt for their work on the Town of Wappinger Easter Egg Hunt. Ralph Holt said that recreation is trying to stay within their budget for Community Day and keep the event community oriented. He stated that they are working to find sponsors to help Community Day break even financially or even come out a little ahead. However, that would not be possible if fireworks were included. Councilman Beale suggested finding sponsors to fund the fireworks and said he would be open to putting up signs reflecting the sponsors. He also praised Mark Price for the booklet he put together showing all of the upcoming recreation events. Mr. Price asked the Board; if when he tried to work the fireworks back into community day and it caused the event to be over budget should he come back to the board? Councilman Kuzmicz said yes he should come back to the Board with the different options for Community Day, D. Highway Superintendent Update of Activities Highway Superintendent Graham Foster explained that the department had gone to bid, for fuel, road aggregates, and road stripping. He then detailed the results of the bid opening, which was also described in a letter from the Highway Superintendent to the Town Board contained in the correspondence log. Supervisor Gutzler entertained a motion to accept the Highway Superintendent's recommendation for awarding the bid per the 2013 Town of Wappinger bid report. The motion was moved by Councilman Bettina and seconded by Councilman Beale. All Board members voted in favor of the motion. Mr. Foster stated that the Town Supervisor had asked him to get involved in getting buildings and grounds repairs done. He then described work that had been recently done, and work that he recommended be done at the baseball fields at Robinson Lane. Mr. Foster stated that there had been damage to the roofs of dugouts at the baseball complex at Robinson Lane. Roofing paper had been blown off the roof in a recent storm and it was discovered that there was rotten wood on several of the dugouts. He informed the Board that because of this, they completely rebuilt eleven dugouts. While these repairs were being done, it was discovered that there was a diesel tank that was partially filled and leaking. Soil samples were taken and it was found that it did not qualify as a spill by the DEC. The tank was immediately removed. Also, the Highway Superintendent found that there was rotten wood on bleachers, which he also replaced. Mr. Foster said that when the water was turned on in the snack bar he found some pipes had broken over the winter. This was also repaired. New bathroom stalls are needed in the women's restroom; the stalls had already been purchased and just need to be installed. Also, the roof on the snack bar and pavilion had been damaged by a storm. The Highway Superintendent stated that Town Engineer, Robert Gray, did a quick estimate and came up with a cost of $45,000 for the repairs if the project went out to bid to a contractor. Mr. Foster explained that he replaced the Town of Wappinger Page 4 Printed 4/4/2013 Tnwn Rnard Meetine Minutes March 25, 2013 roof for close to $5,000, the cost of the materials. Mr. Foster then explained work that had been recently completed at the park on Airport Drive. He stated that the parking lot had been graded and he hoped to get soil soon to fill in holes on the fields. He also said that people may have been complaining that one of the entrances to the park is blocked off. Mr. Foster said that the entrance was blocked because school busses have been parking in the area and causing ruts. He contacted Wappinger Central School District transportation to ask that school busses no longer park there. The area is a wetland and cannot support the heavy vehicles. Mr. Foster said that a new 1,000 gallon fuel tank had been installed last summer. However, there was no access to it. Stairs have been built to fix this problem. Brush and growth was also cleaned along the Greenway trail. Mr. Foster also described some problems with buildings and grounds equipment. He then described roofing problems on some buildings at Schlathaus Park that have since been repaired. Also, at the Regency Drive soccer fields, some temporary fencing has been installed to replace missing fence and keep children away from water. There are pot holes in the road leading up to the fields, so Mr. Foster explained that the road is blocked off and accessible only to the Town and to the Soccer Organization. Mr. Foster stated that the road will be patched as soon as the blacktop plant opens. Also, he stated that the docks are now in and functional. The Highway Superintendent then began discussing the process of hiring two seasonal employees. He explained that two employees would be hired now, then let go in twenty five weeks. Two additional employees would be hired at a later time to overlap the first two employees, and then remain employed with the Town until October. He added that one of the seasonal hires will be his grandson. Councilman Bettina motioned to authorize the Highway Superintendent to hire the two employees. Councilman Beale seconded the motion and all Board members voted in favor of the motion. Councilman Beale asked the Highway Superintendent if the employees would be hired at the same rate as last year, which Mr. Foster confirmed. Motion To: accept bids RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: hire seasonal employees RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz VIII. Resolutions RESOLUTION: 2013-109 Resolution Authorizing Change Order No.1 for Little League Challenger Field Project Funded by Community Development Block Grant WHEREAS, by Resolution adopted by the Town Board on October 22, 2012, the Town Board awarded a bid to Sun Up Enterprises, Inc. in the amount of $78,275.00 for the construction and installation of handicapped accessible improvements at the Challenger Fields at the Robinson Lane Sports Complex; and WHEREAS, Greg W. Bolner, P.E. of Clark Patterson Lee Design Professionals, Engineer for the Town for this project, has requested Change Order No. 1 to the Contract as per letter dated March 15, 2013. 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 approves Change Order No. 1 in the amount of One Thousand Four Hundred Dollars ($1,400.00), dated March 14, 2013 for the Little League Challenger Field project between the Town of Wappinger and Sun Up Town of Wappinger Page 5 Printed 4/4/2013 Town Board Meeting Minutes March 25, 2013 Enterprises, Inc. resulting in a revised Contract sum in the amount of Seventy Nine Thousand Six Hundred Seventy -Five Dollars ($79,675.00) for the reasons and associated costs set forth in a letter dated March 15, 2013 from Greg W. Bolner, P.E. of Clark Lee Patterson Design Professionals, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ vote Record -Resolution RES -2013-109 ® Adopted -- Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑William .Defeated __ Beale Voter a ❑ ❑ ❑ Tabled Vincent Bettina Seconder ® p ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ Michael Kuzmicz MoverEl 0 ❑ ❑ Dated: Wappingers Falls, New York March 25, 2013 The Resolution is hereby duly declared adopted. IX. Items for Special Consideration Attorney to the Town Al Roberts described several resolutions that needed to be added to the agenda. Mr. Roberts explained that Robert Gray, Town Engineer, had worked out an arrangement with Mr. Craig O'Donnell. Mr. O'Donnell requested a payment in the amount of $4,438.35 for an easement on his property requested by the Town of Wappinger. Mr. Roberts explained that paying for the easement would be significantly less than the cost of trying to build right under the roadway. He then described three road dedication resolutions that he wished to be added to the agenda. Councilman Beale moved to add Resolution Authorizing Payment for Acquisition of Easement in Connection with Construction of Water Main by United Wappinger Water District. The motion was seconded by Councilwoman Czarniecki. All Board Members voted in favor of adding the resolution as well as passing the resolution. Councilman Beale moved to add Resolution Confirming Language to be Inserted in Deed of Conveyance of Road Frontage for Wheeler Hill Road in Connection with Construction of Water Main by United Wappinger Water District (Strang). The motion was seconded by Councilwoman Czarniecki. All Board Members voted in favor of adding the resolution as well as passing the resolution. Councilman Beale moved to add Resolution Confirming Language to be Inserted in Deed of Conveyance of Road Frontage for Wheeler Hill Road in Connection with Construction of Water Main by United Wappinger Water District (Taylor). The motion was seconded by Councilwoman Czarniecki. All Board Members voted in favor of adding the resolution as well as passing the resolution. Councilman Beale moved to Resolution Confirming Language to be Inserted in Deed of Conveyance of Road Frontage for Wheeler Hill Road in Connection with Construction of Water Main by United Wappinger Water District (Poland) The motion was seconded by Councilwoman Czarniecki. All Board Members voted in favor of adding the resolution as well as passing the resolution. Motion To: add Resolution 2013-112 to the agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz RESOLUTION: 2013-112 Resolution Authorizing Payment for Acquisition of Easement in Connection with Construction of Water Main by United Wappinger Water District WHEREAS, the Town of Wappinger, by and on behalf of the United Wappinger Water District (UWWD), has entered into an Inter -Governmental Agreement (IGA) with the New York City Department of Environmental Protection (DEP) dated September 25, 2012 for the construction of a 12 inch water Town of Wappinger Page 6 Printed 4/4/2013 Tnwn Rnard Meetine Minutes March 25, 2013 main from a point of connection with the UWWD water system on Old Hopewell Road and Route 9 to the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and WHEREAS, the Town Board has formally authorized the extension of the UWWD to the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and WHEREAS, the Engineer to the Town, Morris Associates Engineering Consultants, PLLC (Morris Associates), has designed the route of the pipe to the DEP site which route requires the acquisition of several easements; and WHEREAS, the Town Board has previously authorized the Town Supervisor, Barbara A. Gutzler, the Engineer to the Town, Morris Associates, and the Attorney to the Town, Albert P. Roberts, to acquire all required and necessary easements; and WHEREAS, terms have been negotiated for the acquisition of an easement from Craig T. O'Donnell (O'Donnell); and WHEREAS, O'Donnell has requested payment for the Grant of Easement; and WHEREAS, based on information supplied by the Engineer to the Town and the Town Highway Superintendent, the acquisition on the easement from O'Donnell will result in significant cost savings of the cost of construction of the water line as well as eliminating the necessity of having to close portions of Old Troy Road and Wheeler Hill Road during the course of construction; and WHEREAS, the Town Board has determined that it is in the best interest of the Town to pay for the Grant of Easement as set forth hereinafter; and WHEREAS, the Attorney to the Town has prepared a form of Easement, a copy of which form of Easement is attached hereto as Exhibit "1". 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 approves the form of Easement as set forth in Exhibit "1" and hereby authorizes the Town Supervisor to execute same, together with required recording documents, by and on behalf of the Town. 3. The Attorney to the Town is further authorized to amend the wording of the Easement provided the amended wording is substantially consistent with the terms as contained in Exhibit "I". 4. The Town Board hereby authorizes payment to O'Donnell in the sum of Four Thousand, Four Hundred Thirty -Eight and 35/100 Dollars ($4,438.35), upon receipt of a duly executed Grant of Easement in form satisfactory to the Attorney to the Town and in form that will permit recording in the office of the Dutchess County Clerk. 5. The Town Supervisor and Town Accountant are hereby immediately directed to issue a check in the amount of Four Thousand, Four Hundred Thirty -Eight and 35/100 Dollars ($4,43835) payable to O'Donnell for the immediate acquisition of said easement. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-113 No/Nay Abstain Absent a Adopted Barbara Gutzler Voter 0 ❑ El ❑ ❑ Adopted as Amended William Beale Mover a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter _ a ❑ 11❑ ❑ Tabled Ismay Czarniecki seconder El ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 25, 2013 The Resolution is hereby duly declared adopted. Motion To: add Resolution 2013-113 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Town of Wappinger Page 7 Printed 4/4/2013 Town Board Meeting Minutes March 25, 2013 RESOLUTION: 2013-113 Resolution Confirming Language to be Inserted in Deed of Conveyance of Road Frontage for Wheeler Hill Road in Connection with Construction of Water Main by United Wappinger Water District (Taylor) WHEREAS, the Town of Wappinger, by and on behalf of the United Wappinger Water District (UWWD), has entered into an Inter -Governmental Agreement (IGA) with the New York City Department of Environmental Protection (DEP) dated September 25, 2012 for the construction of a 12 inch water main from a point of connection with the UWWD water system on Old Hopewell Road and Route 9 to the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and WHEREAS, the Town Board has formally authorized the extension of the UWWD to the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and WHEREAS, the route of the water line will be located along Wheeler Hill Road; and WHEREAS, the Town Board has requested that all of the property owners along Wheeler Hill Road to execute quitclaim deeds to establish the width of Wheeler Hill Road at 60 feet; and WHEREAS, Paul C. Taylor and Marion R. Taylor have agreed to execute the required quitclaim deed and related transfer instruments on the condition that the stone wall presently located on their property will not be damaged or removed, or in the event it must be removed, that it will be relocated to the new property line. 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 following language to be inserted in the deed of conveyance from Taylor to the Town as follows: "The Town acknowledges that a stone wall is located within the property owned by the Party of the First Part and is being conveyed to the Party of the Second Part. The Town represents that there are no plans to relocate or otherwise disturb the stone wall now, or in the near future. In the event that the Town, or the Town Highway Superintendent, determines that the stone wall must be removed or relocated for any reason then the Town, at the Town's cost, will relocate the stone wall to the property line of the Party of the First Part. The Town further represents that the water lateral as shown on the construction drawings will be extended to the property line established herein." 3. The Town Attorney and the Town Engineer are authorized to amend the aforementioned language provided it does not substantially alter the basic intent and direction of the aforementioned language. 4. The Town Supervisor is authorized to accept the deed with the aforementioned language inserted, and have same recorded in the Dutchess County Clerk's Office as quickly as possible. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-113: El Adopted _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter EI ❑ ❑ ❑ ❑ Defeated William Beale Mover 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 10 ❑ ❑ p ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ Michael kuzmicz Voter El ❑ ❑ p Dated: Wappingers Falls, New York March 25, 2013 The Resolution is hereby duly declared adopted. Motion To: add Resolution 2013-114 to the agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czamiecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 'Town of Wappinger Page 8 Printed 4/4/2013 Town Board Meeting Minutes March 25, 2013 RESOLUTION: 2013-114 Resolution Confirming Language to be Inserted in Deed of Conveyance of Road Frontage for Wheeler Hill Road in Connection with Construction of Water Main by United Wappinger Water District ( Strang) WHEREAS, the Town of Wappinger, by and on behalf of the United Wappinger Water District (UWWD), has entered into an Inter -Governmental Agreement (IGA) with the New York City Department of Environmental Protection (DEP) dated September 25, 2012 for the construction of a 12 inch water main from a point of connection with the UWWD water system t on Old Hopewell Road and Route 9 to the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and WHEREAS, the Town Board has formally authorized the extension of the UWWD to the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and WHEREAS, the route of the water line will be located along Wheeler Hill Road; and WHEREAS, the Town Board has requested that all of the property owners along Wheeler Hill Road to execute quitclaim deeds to establish the width of Wheeler Hill Road at 60 feet; and WHEREAS, Robert M. Strang and Elizabeth M. Strang, of and residing at 693 Wheeler Hill Road, Wappingers Falls, New York, have agreed to execute the required quitclaim deed and related transfer instruments on the condition that the lighted gate posts presently located on their property will not be damaged or removed, or in the event they must be removed, that they will be relocated to the new property line. 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 following language to be inserted in the deed of conveyance from Taylor to the Town as follows: "The Town acknowledges that two lighted gate posts owned by the Party of the First Part are or may be located within the property being conveyed to the Party of the Second Part (Town). The Town represents that there are no plans to relocate or otherwise disturb the lighted gate posts now, or in the near future. In the event that the Town, or the Town Highway Superintendent, determines that the lighted gate posts must be removed or relocated for any reason then the Town, at the Town's cost, will relocate the lighted gate posts to the property line of the Party of the First Part. The Town further represents that the water lateral as shown on the construction drawings will be extended to the property line established herein." 3. The Town Attorney and the Town Engineer are authorized to amend the aforementioned language provided it does not substantially alter the basic intent and direction of the aforementioned language. 4. The Town Supervisor is authorized to accept the deed with the aforementioned language inserted, and have same recorded in the Dutchess County Clerk's Office as quickly as possible. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2013-114 Yes/Aye No/Nay Abstain Absent D Adopted p Barbara Gower Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Mover 0 ❑ ❑ ❑ ❑ Defeated _.. Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder a ❑ ❑ _ ❑ ❑ Withdrawn Michael Kuzmicz Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York March 25, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 9 Printed 4/412013 Town Board Meeting Minutes March 25, 2013 Motion To: add Resolution 2013-115 to the agenda ......... ..... ......_ .. ... RESULT: ADOPTED [UNANIMOUS] MOVER William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz RESOLUTION: 2013-115 Resolution Confirming Language to be Inserted in Deed of Conveyance of Road Frontage for Wheeler Hill Road in Connection with Construction of Water Main by United Wappinger Water District (Poland) WHEREAS, the Town of Wappinger, by and on behalf of the United Wappinger Water District (UWWD), has entered into an Inter -Governmental Agreement (IGA) with the New York City Department of Environmental Protection (DEP) dated September 25, 2012 for the construction of a 12 inch water main from a point of connection with the UWWD water system on Old Hopewell Road and Route 9 to the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and WHEREAS, the Town Board has formally authorized the extension of the UWWD to the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and WHEREAS, the route of the water line will be located along Wheeler Hill Road; and WHEREAS, the Town Board has requested that all of the property owners along Wheeler Hill Road to execute quitclaim deeds to establish the width of Wheeler Hill Road at 60 feet; and WHEREAS, Albert Poland,.of and residing at 659 Wheeler Hill Road, Wappingers Falls, New York, have agreed to execute the required quitclaim deed and related transfer instruments on the condition that the wire fence with wooden fence posts presently located on his property will not be damaged or removed, or in the event they must be removed, that they will be relocated to the new property line. 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 following language to be inserted in the deed of conveyance from Taylor to the Town as follows: "The Town acknowledges that a wire fence with wooden fence posts owned by the Party of the First Part is or may be located within the property being conveyed to the Party of the Second Part (Town). The Town represents that there are no plans to relocate or otherwise disturb the wire fence with wooden fence posts now, or in the near future. In the event that the Town, or the Town Highway Superintendent, determines that the wire fence with wooden fence posts must be removed or relocated for any reason then the Town, at the Town's cost, will relocate the wire fence with wooden fence posts to the property line of the Party of the First Part. The Town further represents that the water lateral as shown on the construction drawings will be extended to the property line established herein." 3. The Town Attorney and the Town Engineer are authorized to amend the aforementioned language provided it does not substantially alter the basic intent and direction of the aforementioned language. 4. The Town Supervisor is authorized to accept the deed with the aforementioned language inserted, and have same recorded in the Dutchess County Clerk's Office as quickly as possible. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-115' ® Ado ted P Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter ® ❑ ❑ ❑ ❑ Defeated William Beale Mover 8 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ [1 ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ Michael Kuzmicz Voter 8 ❑ ❑ p Dated: Wappingers Falls, New York March 25, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 10 Printed 4/4/2013 Town Board Meeting Minutes March 25, 2013 X. New Business A. Council Beale Councilman Beale commended the work being done for the DEC water main project. Also, the Councilman explained that he and Bob Gray, Town Engineer, and have been discussing the placement of fire hydrants on the water main route. Councilman Beale also said that he was anxiously awaiting the completion of the Odyssey Dinner. B. Council Kuzmicz Councilman Kuzmicz stated that at some point after little league opening day he wished to discuss the blacktopping at Martz field. Councilman Beale asked if that was something the highway department could do. Highway Superintendent stated that paving a tennis court is a specialized kind of work. C. Supervisor Gutzler Supervisor Gutzler stated that she had sent out an e-mail regarding RFPs for professional services. She then asked the Board to set a special meeting on Monday April 1, 2013 to interview professionals that had submitted proposals for legal, engineering, and planning services. XI. Executive Session Motion To: go into executive session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Motion To: come out of executive session RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz XII. Town Board Review of Vouchers RESOLUTION: 2013-110 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: Cinim Pneket! 2013-K Vendor A B DB WF General General Highway (Fleetwood Town wide PartTown Fund Water DC Mass Transit 2012 13,915.00 American Printing 2012 22.87 Camo Town of Wappinger Page 11 Printed 4/4/2013 Town Board Meeting Camo Central Hudson NYCOMCO Royal Carting Southern Dut News MH Fasteners Sedore Al Roberts Tax Cert ' Coffee Systems Arkel Motors Moody's Investors Ser Vincent Bettina Grainger Vantage Equip Staples Staples Staples Staples Staples Staples CDW-G Hannaford Great Americal Finan Hudson Cadillac Buick Pacage Pavement Freno Plbg Roberts IT Consulting Evergreen Printing DC Sheriffs Office Verizon Wireless Ford Credit Dept Justice Court Fund Wells Fargo Matthew Bender American Printing West Payment Center JK Power Equip Totals Minutes March 25, 2013 520.00 576.80 70.14 17,362.92 2,540.00 5,585.25 60.73 10, 000.00 135.00 20.47 35.86 49.61 89.99 165.96 15.00 580.50 315.00 85.00 3,644.85 346.37 9,912.50 69.53 5.64 2.87 80.00 66.647.86 1$64.00 $7,290.91 $269.34 $8,672.71 $373.56 16,670.52 1$1,496.00 $288.19 $1,212.68 $407.93 $750.00 $576.70 $802.00 32.94 5.566.44 $5.66 5.66 Town of Wappinger Page 12 Printed 4/4/2013 NJ r 91 Town Board Meeting Minutes March 25, 2013 Vendor WH (Watch Hill (Tall Water) TWT Water) W pp. water (Fleetwood Fund) Sewer) DC Mass Transit 2012 American Printing 2012 Camo Camo Central Hudson NYCOMCO Royal Carting $90.10 Southern Dut News MH Fasteners Sedore Al Roberts Tax Cert Coffee Systems Arkel Motors Moody's Investors Ser Vincent Bettina Grainger Vantage Equip Staples Staples $25.97 Staples Staples Staples $27.24 Staples CDW-G Hannaford Great Americal Finan Hudson Cadillac Buick Pacage Pavement Freno Plbg Roberts IT Consulting Evergreen Printing $2.83 $2.83 $118.89 $8.49 DC Sheriffs Office Verizon Wireless Ford Credit Dept Justice Court Fund Wells Fargo Matthew Bender American Printing West Payment Center JK Power Equip Totals $2.83 $2.83 $262.20 $8.49 Vendor SM (Mid Point SW SU (United SH (Watch Park Sewer) (Wildwood Sewer fund) Hill Sewer) Sewer) DC Mass Transit 2012 American Printing 2012 Camo Camo Central Hudson NYCOMCO Royal Carting Southern Dut News MH Fasteners Sedore Al Roberts Tax Cert Coffee Systems Arkel Motors Moody's Investors Ser Vincent Bettina Grainger Vantage Equip Staples Staples Staples Staples Staples Staples CDW-G $25.97 Town of Wappinger Page 13 Printed 41412013 Town Board Meeting Minutes March 25, 2013 Hannaford Great Americal Finan Hudson Cadillac Buick Pacage Pavement Freno Plbg Roberts IT Consulting Evergreen Printing $8.49 $11.32 $121.71 $2.83 DC Sheriffs Office Verizon Wireless Ford Credit Dept Justice Court Fund Wells Fargo Matthew Bender American Printing West Payment Center JK Power Equip Totals $8.49 $11.32 $147.68 $2.83 l Vendor DC Mass Transit 2012 American Printing 2012 Camo Camo Central Hudson NYCOMCO Royal Carting Southern Dut News MH Fasteners Sedore Al Roberts Tax Cert Coffee Systems Arkel Motors Moody's Investors Ser Vincent Bettina Grainger Vantage Equip Staples Staples Staples Staples Staples Staples CDW-G Hannaford Great Americal Finan Hudson Cadillac Buick Pacage Pavement Freno Plbg Roberts IT Consulting Evergreen Printing DC Sheriffs Office Verizon Wireless Ford Credit Dept Town of Wappinger Paid Board 13,915.00 22.87 520.00 576.80 70.14 1,560.00 7,362.92 90.10 135.00 288.19 2,540.00 5,585.25 60.73 1,212.68 10,000.00 407.93 750.00 20.47 51.94 35.86 49.61 27.24 89.99 165.96 15.00 580.50 576.70 802.00 315.00 85.00 283.05 10,935.76 615.71 Page 14 $89,337.15 Printed 4/4/2013 R Town Board Meeting Minutes March 25, 2013 1 I 18,672.71 Justice Court Fund Wells Fargo Matthew Bender American Printing West Payment Center JK Power Equip Totals 19,912.50 743.09 25.64 22.87 180.00 32.94 $29144.44 1 $87,192.71 5 35 $89,337.15 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 March 25, 2013, 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 -201.3-110 A (General Town wide) B (General PartTown) DB (Highway Fund) HWN (Water Main Project Camo Yes/Aye No/Nay Abstain Absent RI Adopted Barbara Gutzler Voter 0 ❑ ❑ _ ❑ ❑ Adopted as Amended William Beale Mover 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder a ..,.., ❑ ❑ ❑ ❑ Withdrawn Michael KUzmicZ Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 25, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-111 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! 2013-1. Vendor A (General Town wide) B (General PartTown) DB (Highway Fund) HWN (Water Main Project Camo 25.00 Camo 25.00 Central Hudson 2,964.27 Central Hudson 2,602.58 Central Hudson 1,076.90 Central Hudson 41.43 Verizon 33.62 Poughkeepsie Journal $52.24 Southern Dut News $49.71 Southern Dut News $160.05 Al Roberts Al Roberts Al Roberts Al Roberts $577.50 Al Roberts 148.50 Town of Wappinger Page 15 Printed 4/4/2013 Town Board Meeting Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Carquest Carquest Carquest Mike Sheehan Hyatt's Garage Petty Cash Mark Price CSEA H/way Optial/den General Code MVP Gold MVP NYS Empire Insurance Cargill Inc Staples Staples Cablevision Cablevision Cablevision Wells Fargo D & D Doors HV Wipers & Supply Poland Spring Michael Krisko Don Kortright Tire Hudson River Tours Hudson Cadillac Buick Tool Rentals By Durant JK Power Equip JK Power Equip Stage Door Bldg Supplies Stage Door Bldg Supplies Iseman Cunningham LLP Iseman Cunningham LLP Iseman Cunningham LLP Iseman Cunningham LLP Gina Renzo Jennifer Propfe W. M. Schultz Construc Totals Vendor Camo Camo 1,221.00 3,998.00 130.89 231.65 47.01 Minutes $577.50 $1,683.00 $2,706.00 $31.08 28.26 4,334.89 3,266.80 21,626.49 $3,906.72 3,998.96 $3,410.16 49.61 146.97 159.80 59.90 59.90 327.56 200.00 210.24 1,125.00 620.11 321.92 475.36 800.35 3,560.91 907.50 49.50 247.50 198.00 112.00 112.00 55,575.00 $111,120.38 WU (United Wapp. water Fund) 13.153.96 SU (United Sewer fund) 1$85.00 $645.00 $2,764.40 $18,696.42 $7,073.28 $16,674.83 $160.00 $83.18 $210.00 $95.31 $46,487.42 T92 (Planning & Zoning Escrows) $6,280.00 280.00 Paid March 25, 2013 Town of Wappinger Page 16 Printed 4/4/2013 r Town Board Meeting Minutes March 25, 2013 Central Hudson 2,964.27 2,602.58 Central Hudson 1,076.90 Central Hudson 41.43 Central Hudson 33.62 Verizon Poughkeepsie Journal Southern Dut News Southern Dut News Al Roberts $49.50 Al Roberts $33.00 Al Roberts $1,072.50 Al Roberts $1,683.00 AI Roberts Al Roberts $214.50 Al Roberts Al Roberts Al Roberts $1,270.50 Al Roberts $82.50 $1,534.50 Al Roberts Al Roberts Al Roberts Carquest Carquest Carquest Mike Sheehan Hyatt's Garage Petty Cash Mark Price CSEA H/way 2,764.40 Optial/den General Code MVP Gold 3,266.80 MVP 44,229.63 NYS Empire Insurance 14,482.40 Cargill Inc Staples Staples Cablevision 159.80 Cablevision 59.90 Cablevision 59.90 Wells Fargo 327.56 D & D Doors HV Wipers & Supply Poland Spring Michael Krisko Don Kortright Tire Hudson River Tours Hudson Cadillac Buick Tool Rentals By Durant JK Power Equip JK Power Equip Stage Door Bldg Supplies Stage Door Bldg Supplies Iseman Cunningham LLP Iseman Cunningham LLP Iseman Cunningham LLP Iseman Cunningham LLP Gina Renzo Jennifer Propfe W. M. Schultz Construc Totals $297.00 $2,805.00 $2,838.00 $72,069.19 13 $182,981.76 Vendor Board Hold Camo 25.00 Camo 25.00 Central Hudson Central Hudson Town of Wappinger Page 17 Printed 4/4/2013 Town Board Meeting Minutes March 25, 2013 Central Hudson Central Hudson Verizon Poughkeepsie Journal 52.24 Southern Dut News 49.71 Southern Dut News 160.05 Al Roberts 49.50 Al Roberts 33.00 Al Roberts 1,072.50 Al Roberts 2,260.50 Al Roberts 148.50 Al Roberts 214.50 Al Roberts 577.50 Al Roberts 1,221.00 Al Roberts 1,270.50 Al Roberts 1,617.00 Al Roberts 1,683.00 Al Roberts 6,704.00 Al Roberts 6,280.00 Carquest 130.89 Carquest 231.65 Carquest 78.09 Mike Sheehan 85.00 Hyatt's Garage 645.00 Petty Cash Mark Price 28.26 CSEA H/way Optial/den General Code 4,334.89 MVP Gold MVP NYS Empire Insurance Cargill Inc 16,674.83 Staples 49.61 Staples 146.97 Cablevision Cablevision Cablevision Wells Fargo D & D Doors 200.00 HV Wipers & Supply 160.00 Poland Spring 210.24 Michael Krisko 83.18 Don Kortright Tire 210.00 Hudson River Tours 1,125.00 Hudson Cadillac Buick 620.11 Tool Rentals By Durant 321.92 JK Power Equip 95.31 JK Power Equip 475.36 Stage Door Bldg 800.35 Supplies Stage Door Bldg 3,560.91 Supplies Iseman Cunningham 907.50 LLP Iseman Cunningham 49.50 LLP Iseman Cunningham 247.50 LLP Iseman Cunningham 198.00 LLP Gina Renzo 112.00 Jennifer Propfe 112.00 W. M. Schultz Construc 55,575.00 Totals 4-109,757.57 $1,155.00 44 3 $182,981.76 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 March 25, 2013, 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. Town of Wappinger Page 18 Printed 4/4/2013 0 Town Board Meeting Minutes March 25, 2013 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-11I Yes/Aye No/Nay. Abstain Absent Adopted 1.11 Barbara Gutzler Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Mover o ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ -- El ❑ Tabled Ismay Czamiecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Michael Kuzmicz Voter 0 ❑ Dated: Wappingers Falls, New York March 25, 2013 The Resolution is hereby duly declared adopted. XIII. Adjournment Motion To: Wappinger Adjournment & Signature RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz The meeting adjourned at 9:41 PM. Christine Fulton Town Clerk Town of Wappinger Page 19 Printed 4/4/2013