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2013-07-08 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Agenda ^ Christine Fulton 845-297-5771 Monday, July 8, 2013 7:30 PM Town Hall I. Call to Order II. Salute to the Flag III. Adoption of Agenda IV. Correspondence Log 2013-175. Resolution Authorizing the Acceptance of the Correspondence Log V. Public Portion VI. Discussions A. Carnwath Tours B. Green Initiatives and Sustainability C. Request of Sign "Blind Person in Area "for Nicole Drive VII. Resolutions 2013-136. Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Hollowbrook Associates, Lp & PNL Newco II, LLC 2013-176. Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Driveway, Grading and Seeding for 29 Lor -Mar Court 2013-177. Resolution Ratifying a Memorandum of Agreement for a Successor Collective Bargaining Agreement Between the Town of Wappinger and CSEA Local 1000 on Behalf of the Town Highway Employees 2013-178. Resolution Authorizing Supervisor to Enter into and Execute a Settlement Agreement in Connection with PETNY 2013-179. Resolution Introducing Local Law _ of 2013 Which Would Amend Chapter 122, Fees and Finds, Chapter 85, Building Code Administration, Chapter 133, Flood Damage Prevention, and Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the Town Code 2013-180. Resolution Introducing Local Law _Of 2013 Which Would Amend Chapter 240, Zoning of the Town Code with Respect to Accessory Apartments 2013-181. Resolution Introducing Local Law_ 2013 Which Would Amend Chapter 240 Zoning, of the Town Code with Respect to a Variety of Planning and Zoning Matters VIII. Items for Special Consideration IX. New Business X. Executive Session XI. Town Board Review of Vouchers 2013-182. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XII. Adjournment Town of Wappinger Page I Printed 71212013 Town of Wappinger Town Board Meeting -r Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Christine Fulton 845-297-5771 Monday, July 8, 2013 7:30 PM Town Hall Call to Order Supervisor Barbara Gutzler called the meeting to order at 7:30 PM. Attendee Name Organization Title Status Status Arrived Barbara Gutzler Town of Wappinger Supervisor _ _. Present William H. Beale Town of Wappinger Councilman bate 7:33 PM Vincent Bettina Town of Wappinger Councilman Present Ismay Czarniecki Town of Wappinger Councilwoman Present Michael Kuzmicz Town of Wappinger Councilman Present Albert Roberts Town of Wappinger Town Attorney Present Graham Foster Town of Wappinger Highway Superindentant Present David Stolman Town of Wappinger ; Town Planner Present Salute to the Flag III. Adoption of Agenda Supervisor Gutzler motioned to pull Resolution 2013-136 and 2013-180 off of the agenda. Councilman Bettina seconded the motion. The motion was unanimously carried. Supervisor Gutzler motioned to add Mr. Paggi and Mr. Macho to the discussion portion of the agenda and to add a resolution pertaining to participating in section 41.j of NYS retirement and Social Security. The motion was seconded by Councilwoman Czarniecki and was unanimously carried. Supervisor Gutzler motioned to move the executive session to directly after the discussion portion. The motion was seconded by Councilman Kuzmicz. The motion was unanimously carried. Motion To: withdraw Resolution 2013-136 RESULT: ADOPTED [UNANIMOUS] MOVER: Barbara Gutzler, Supervisor SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: Add a Discussion and Resolution RESULT: ADOPTED [UNANIMOUS] MOVER: Barbara Gutzler, Supervisor SECONDER: Ismay Czarniecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Motion To: move executive session RESULT: ADOPTED [UNANIMOUS] MOVER: Barbara Gutzler, Supervisor SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz Town of Wappinger Page 1 Printed 7/25/2013 Town Board Meeting Minutes July 8, 2013 IV. V. VI. Correspondence Log RESOLUTION: 2013-175 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-175 Yes/Aye No/Nay Abstain Absent ® Adopted B Gutzler Voter a ❑ ❑ ❑ ❑ Adopted as Amended William H. Beale Voter ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter Rl ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czarniecki Mover Wl ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 08, 2013 The Resolution is hereby duly declared adopted. Public Portion Motion To: open the floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES; Gutzler, Beale, Bettina, Czarniecki, Kuzmicz public comment Resident Mary Schmalz distributed papers from the 2012 Ramble Book to the Board. She stated that there was information on Carnwath Farms in the booklet. She then described recreation events that had taken place at the property such as art shows. Ms. Schmalz explained that she wanted to keep the Board updated on the activities at Carnwath. 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 Discussions A. Carnwath Tours Supervisor Gutzler introduced Florence Graff and Co -Town Historian Joseph Cavaccini. Ms. Graff stated that the reason she came before the Board was to get approval to hold walking tours on the Carnwath Town Property. She explained that the Town Board purchased the 99 acre property back in 1999 and it was hoped that Carnwath would become a tourist attraction. She said that there are walking trails on the property and that through the effort of Joseph Ennesser it became a Greenway trail. Ms. Graff said that she was contacted by Joseph Cavaccini because she is a member of the Friends of Carnwath Committee. She explained that Mr. Cavaccini showed Town of Wappinger Page 2 Printed 7/25/2013 Town Board Meeting Minutes July 8, 2013 her pictures of the condition of the mansion at Carnwath. She continued by explaining what problems she found with the condition of the buildings on the Camwath Farms property. She displayed pictures of the property and buildings for the Board. Joseph Cavaccini Co- Town Historian for the Town of Wappinger addressed the Board next. He said that he would like the walking tours to bring people to Carnwath Farms, making them aware of the history of the property. He then described the route that the walking tour would take and items that would be on sale at the property. Councilwoman Czarniecki asked what accommodations could be made for people who could not attend scheduled tours. Mr. Cavaccini said that markers could be put up to trace a self guided tour. Supervisor Gutzler asked what the agenda for the tour would be. Mr. Cavaccini responded that it would be in the main open areas of the property and wouldn't go too far into the Greenway Trail area. Councilwoman Czamiecki suggested recording the tour and selling the DVD. Ms. Graff asked if the Board would have to be informed each time a tour is given on the property. Supervisor Gutzler stated that she would like to be informed of everything going on at Carnwath to ensure that things are covered in terms of insurance. Councilman Beale stated that he had reservations about the idea of giving tours of Carnwath. He explained that it is an unsafe property and that there needs to be a very specific path that will be followed that is at least one and a half stories away from the buildings. Councilman Beale also said that a person under eighteen years old cannot lead these tours for liability reasons. He also asked what organization would be responsible for the tour. Would it be recreation, Friends of Carnwath, or the Greenway Committee? Councilman Beale pointed out that these buildings are not safe and he cannot vouch for the safety of them. He explained that he is not opposed to the walking tours but he needs to see a specific route for the tours. Councilman Kuzmicz concurred that it needed to be sure that the tour stayed in an area that was safe Supervisor Gutzler said that she needed to speak to the liability insurance company and that July 201h was an ambitious date to have this tour set up by. Florence Graff said that she would rely on Mr. Cavaccini to lay out the plan for the tour. Then, she said that she would be present when Joseph Cavaccini gave the tour so someone over eighteen years old would be there. Supervisor Gutzler said that so long as there was a responsible adult present, Joseph could speak on the tours. Councilman Beale asked if Friends of Carnwath was a 501 (c) 3 non -for profit organization. Attorney to the Town, Albert Roberts, said he didn't think it was. Councilman Beale said that that those types of organizations have a different level of protection in terms of liability. Councilman Bettina said that there are no emergency pull boxes on the property. He also pointed out that the Carnwath property was purchased for its open space, not the buildings. They didn't have the funds to renovate those buildings. Councilman Beale said that he is ok with the Supervisor working out a plan with the Town Attorney and insurance company. Discussion continued. B. Green Initiatives and Sustainability Supervisor Gutzler asked the speakers to introduce themselves. They introduced themselves as Duncan Gilchrist, Jock Gilchrist, and Sam Gilchrist, and Zaki Shafi. They stated that they spoke with the Town Accountant about investment in stock for Fossil Fuel companies. They found that the Town had no active investments and wished to speak to the Town about creating a standing commitment to never invest in fossil fuel companies. Supervisor Gutzler said that investments are tightly controlled by the State Comptroller's office. Councilman Kuzmicz said that laws are very strict on these matters. He also pointed out that the Board can not bind future Town Boards; they can only bind the Board for one year. Councilman Bettina said that binding future boards would be illegal. Supervisor Gutzler said that the Board is required to put their money in responsible banks and places approved by the State Comptroller. The group explained that their fundamental interest was to distill down a sense of belonging and appreciation for nature and asked if the Board could brainstorm different ideas to do this. Councilman Kuzmicz said that there are several parks in the Town that need help being preserved. He said that he could put them in touch with Mark Price and Ralph Holt from the recreation department. Councilman Bettina said that the Board is environmentally sensitive and has tried to work with the large amount of parkland in the Town. Supervisor Gutzler said that there is a need for more environmental education and activities and said that the group could be a spring board for that. She said that they could be an extension of the Town and work on environmental education in the Town. Councilwoman Czarniecki described the annual Town cleanup said that the Town needs people who do things to help the environment, not just talk about it. Discussion continued. Supervisor Gutzler introduced Victor Cornelius. She stated that he came to her on the suggestion of Matt Alexander and she would like him to address the Board. Mr. Cornelius said that he has been working with the Village for almost 12 years and has also been working with several other municipalities specializing in Wastewater projects. He explained that on the 31St of Town of Wappinger Page 3 Printed 7/25/2013 Town Board Meeting Minutes July 8, 2013 January, Congress passed Super storm Sandy Legislation. It is a federal appropriation. He received a phone call from Congressman Maloney saying that the money was only available to places declared disaster areas, however that has changed. Currently, there is more money than projects. Mr. Cornelius then described a project he is involved in at Woodhill Green Condominiums. Congressman Maloney reached out to Mr. Cornelius to find infrastructure improvements that needed to be done that could be covered by the Super Storm Sandy Grants. He has submitted Grant requests to obtain funds to have waterlines run into Woodhill Green. Mr. Cornelius asked the Town Board if they would like to use his services to help obtain grant money to fund projects in the Town of Wappinger. He then provided the Town with his fee schedule. He described this as a once in a generation opportunity to fund municipal projects. Councilman Beale asked Mr. Cornelius what agency would be heading the Woodhill Green Project. He answered that Woodhill Green is the lead agency. Councilman Beale asked if Woodhill Green has contacted the Town about their water project. Supervisor Gutzler said that they have and that she has also contacted Mayor of Wappingers Falls to team up on the project. Discussion Continued. C. Request of Sign "Blind Person in Area" for Nicole Drive Motion To: direct the Highway Superindendent to place a sign on Nicole Drive Councilwoman Czarniecki explained to the Board that a resident on Nicole Drive has requested a sign to indicate that a Blind Person is in the Area and asked what has to be done. Highway Superintendent, Graham Foster, stated that these signs are often put up and the people eventually move away and the sign is never removed. He suggested that something be done to follow up when one of these signs are put up. Mr. Foster also suggested putting the sign on Kendall Drive, because if it is put on Nicole Drive, it would have to be put up in both directions. He said that the sign could be ordered. Councilwoman Czarniecki motioned that the sign be ordered. County Legislature Joe Incoronato suggested that a "sunset clause" be put in to limit the years the sign could be put up. Councilman Beale Seconded Councilwoman Czarniecki's motion and it was unanimously carried. RESULT: ADOPTED[UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz ......................................... ............. ..... ......... ........................ .... ......... ...... .. D. Senior Housing Mr. Larry Paggi addressed the Board saying that he had been approached by Mr. Macho about a R20 Zoned 5.8 acre property on Myers Corners Road. He proposed the building of 8 Buildings for active Senior citizens, each building containing 7 units. He explained that the property is not currently zoned for multifamily residences. To build the active senior house the property would have to be rezoned. Mr. Paggi asked the Board if there would be support for the project because he would have to begin by petitioning for a rezone. Town Planner David Stolman asked if there was even a possibility for a re -zone under the comprehensive plan. Mr. Paggi described the location of the proposed project. Councilman Beale described the River Bend Community which is outside of the Town's jurisdiction but would be close to the building Mr. Paggi was proposing. He said that there would have to be a site visit before considering approving the project. Councilwoman Czarniecki asked if this would be an age restricted community. Mr. Paggi said that it would be. He suggests that the Board visit other senior housing complexes to get an idea of what it would look like. Supervisor Gutzler said that there should be a site visit to try to visualize what the buildings would look like and what the impact to the neighborhood would be. Discussion continued. Councilman Beale said that he would hope there could be sidewalks put in place that could connect this complex with the River Bend property to create a town center. David Stolman asked Mr. Paggi questions about the density of the complex and how the number of units was decided on. Mr. Paggi explained that it was done to be financially beneficial while working with the size of the property. Discussion continued. Town of Wappinger Page 4 Printed 7/25/2013 Town Board Meeting Minutes July 8, 2013 VII. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarnecki, Councilwoman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz VIII. Resolutions RESOLUTION: 2013-176 Resolution Authorizing Return of Escrow Deposited to Insure Proper Installation of Driveway, Grading and Seeding for 29 Lor -Mar Court WHEREAS, on or about March 25, 2013, Fred H. Wolinsky posted Three Thousand, Five Hundred Dollars ($3,500.00) to be held in escrow with the Town of Wappinger to insure the satisfactory installation of a driveway, including grading and seeding of disturbed areas for how premises located at 29 Lor -Mar Court; and WHEREAS, Engineer to the Town, Robert J. Gray, and Highway Superintendent, Graham Foster, have confirmed that the work for which the escrow was established has been satisfactorily completed. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund of escrow in the amount of Three Thousand, Five Hundred Dollars ($3,500.00) to Fred H. Wolinsky, 29 Lor -Mar Court, Wappingers Falls, New York 12590. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-176 0 Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter EI ❑ ❑ ❑ ❑ Adopted as Amended William H. Beale Voter EI ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter EI ❑ ❑ ❑ ❑ Withdrawn Ismay Czarnecki Mover a ❑ ❑ ❑ Michael Kuzmicz Seconder EI ❑ ❑ ❑ Dated: Wappingers Falls, New York July 08, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-177 Resolution Ratifying a Memorandum of Agreement for a Successor Collective Bargaining Agreement Between the Town of Wappinger and CSEA Local 1000 on Behalf of the Town Highway Employees WHEREAS, the Town of Wappinger ("the Town") is party to a Collective Bargaining Agreement with CSEA Local 1000 AFSCME, AFL-CIO ("CSEA") on behalf of the Town of Town of Wappinger Page 5 Printed 712512013 Town Board Meeting Minutes July 8, 2013 Wappinger Highway Employees Unit; and WHEREAS, the Collective Bargaining Agreement expired on December 31, 2012; and WHEREAS, following collective negotiations between the Town and CSEA, the respective negotiating teams have agreed upon a Memorandum of Agreement, in the form attached to this Resolution that sets forth the terms of a successor Collective Bargaining Agreement; and WHEREAS, the Memorandum of Agreement has been ratified by the Town of Wappinger Highway Employees Unit. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger ratifies the Memorandum of Agreement that is attached to this Resolution and authorizes Town Supervisor Barbara Gutzler to execute the Memorandum of Agreement on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2013-177 a Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Voter a ❑ ❑ ❑ ❑ Adopted as Amended William H. Beale Voter ® ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter ® ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Mover a ❑ ❑ ❑ Michael Kuzmicz Seconder a ❑ ❑ ❑ Dated: Wappingers Falls, New York July 08, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-178 Resolution Authorizing Supervisor to Enter into and Execute a Settlement Agreement in Connection with PETNY WHEREAS, the Workers' Compensation Board (WCB) has assumed the responsibility for the administration and distribution of assets of Public Entity Trust of New York (PETNY), a municipal group self insurance trust in which the Town of Wappinger was formerly a constituent member; and WHEREAS, the WCB and several former members of PETNY previously executed a Tolling Agreement that tolled the applicable statute of limitations for any lawsuit and provided a mechanism to obtain discovery from the WCB; and WHEREAS, because of the unique nature and size of PETNY, WCB performed an updated Deficit Reconstruction using a strictly loss based allocation through December 31, 2012, ("2012 Deficit Reconstruction") which allocated the loss based liability for each former Trust Member, including the Member, for each fiscal year or portion thereof, during which a former Trust Member was a member of the Trust; and WHEREAS, the WCB has developed a settlement proposal that would allow it to release each former Trust Member that participates in the settlement and pays the amount required pursuant to the Agreement from any and all further liability to the WCB for the Deficit and any other liability or obligation to the WCB associated with the Trust and member's former membership therein; and WHEREAS, in accordance with the "Loss Based Allocation" formula, the WCB determined that the Town of Wappinger is entitled to a refund of $15,336.33; and WHEREAS, the Town Board acknowledges that at present the WCB has no funds which to refund the Town of Wappinger the aforementioned amount until such time as WCB recovers monies as referenced in paragraph 5.1 and 5.2 of the Settlement Agreement. 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 Members have read the Settlement Agreement and understand the provisions thereof. 3. The Town Board hereby authorizes the Town Supervisor, Barbara A. Gutzler, to execute the Settlement Agreement by and on behalf of the Town in substantially the form attached hereto. 4. The Town Board further authorizes the Town Attorney, Albert P. Roberts, to negotiate any amendments to the Settlement Agreement deemed necessary to preserve the Town's rights. Town of Wappinger Page 6 Printed 7/25/2013 1� Town Board Meeting Minutes July 8, 2013 The foregoing was put to a vote which resulted as follows: or Vote Record - Resolution RES -2013-178 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale Mover 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ Dated: Wappingers Falls, New York July 08, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-179 Resolution Introducing Local Law —of 2013 Which Would Amend Chapter 122, Fees and Finds, Chapter 85, Building Code Administration, Chapter 133, Flood Damage Prevention, 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, Chapter 85, Building Code Administration, Chapter 133, Flood Damage Prevention, and Chapter 137, Freshwater 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 PM on the day of , 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. Town of Wappinger Page 7 Printed 7/25/2013 Town Board Meeting Minutes July 8, 2013 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-179 Yes/Aye No/Nay Abstain Absent 8 Adopted - B Gutzler Voter a ❑ ❑ ❑ ❑ Adopted as Amended William H. Beale Voter ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Mover 8 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Ismay Czamiecki Voter 8 ❑ ❑ ❑ Michael Kuzmicz Seconder 8 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 08, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-181 Resolution Introducing Local Law_ 2013 Which Would Amend Chapter 240 Zoning, of the Town Code with Respect to a Variety of Planning and Zoning Matters WHEREAS, the Town Board is considering the adoption of Local Law —of 2013 which would amend Chapter 240, Zoning, of the Town Code with respect to a variety of planning and zoning matters; 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 PM on the day of , 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. Town of Wappinger Page 8 Printed 7/25/2013 Town Board Meeting Minutes July 8, 2013 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2013-181 0 Adopted Yes/Aye Yes/Aye No/Nay Abstain Absent ❑ Adopted Amended Barbara Gutzler Mover 0 ❑ ❑ ❑ Seconder as William H. Beale Seconder 0 ❑ 13 ❑ ❑ Defeated ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ Tabled Vincent Bettina Mover 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ Dated: Wappingers Falls, New York July 08, 2013 The Resolution is hereby duly declared adopted. RESOLUTION: 2013-183 Resolution Adopting the Town's Participation in Section 41(J) of the New York Retirement and Social Security Law WHEREAS, employees of the Town of Wappinger ("the Town") are subject to a plan established by written policy or under the terms of a collective bargaining agreement that provides for the regular earning and accumulation of sick leave; and WHEREAS, the Town acknowledges that its operations, services and employee productivity are all enhanced when employees are present at work and are not absent any more than necessary; and WHEREAS, as an incentive to encourage employees to not misuse sick leave or not use any more sick leave than is necessary, the Town Board deems it beneficial to the interests of the Town and the Town's employees to elect participation in Section 410) of the New York Retirement and Social Security Law, which will permit employees to be granted one day of additional service credit for each day of accumulated unused sick leave at the time of retirement from service, and pursuant to the limitations and guidelines set forth in that section. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby elect participation in Section 410) of the New York Retirement and Social Security Law, subject to the limitations and guidelines set forth in that section; and BE IT FURTHER RESOLVED, that the Town Supervisor, or such person designated by the Supervisor, execute such documents as may be necessary to effect the purpose of this Resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2013-183 0 Yes/Aye No/Nay Abstain Absent Adopted Barbara Gutzler Mover 0 ❑ ❑ ❑ ❑ Adopted as Amended William H. Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Mover 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 08, 2013 The Resolution is hereby duly declared adopted. e: IX. Items for Special Consideration A. Councilman Beale Councilman Beale informed Highway Superintendent Graham Foster that a sign on Marlorville Road was knocked over. He also asked Mr. Foster what the procedure is to have a school bus sign stop sign put up on a county road. Mr. Foster said that the county would need to be contacted. Town of Wappinger Page 9 Printed 7125/2013 Town Board Meeting Minutes July 8, 2013 B. Councilman Bettina Councilman Bettina explained that he has spoken to residents over the years that have expressed concern over the speed limit on Chelsea Road and River Road. He said that the speed limit on Route 9D is 45 miles per hour and the limit on Chelsea Road is 40 miles per hour. He would like the speed limit on Chelsea Road and River Road North be reduced to 30 miles per hour. He would like the Board to send a letter to the County to have the limit reduced. Highway Superintendent Graham Foster said that one road is a County road and one is a Town road. Supervisor Gutzler asked Councilman Bettina to clarify which Road he would like the limit reduced on. Councilman Bettina said he would like it reduced on Chelsea Road. Councilman Beale explained that the Town is not in control of the speed limit on the roads. Mr. Foster said that we request the speed zone and the Department of Transportation approves on rejects it. Supervisor Gutzler then clarified that Councilman Bettina was requesting that the speed limits be reduced on Chelsea Road and River Road North. Councilman Bettina made a motion to have letter sent to the County requesting that the speed limits reduced to thirty miles per hour on Chelsea Road and River Road North. Councilman Beale seconded the motion and all Board members voted in favor of the motion. Motion To: send a letter to the County requesting a reduction of the speed limit on Chelsea Road and River Road North RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz C. Councilman Kuzmicz Councilman Kuzmicz said that by the next meeting there should be a resolution for the Martz Field Bids because Engineer to the Town, Robert Gray, is making good progress. X. New Business XI. Town Board Review of Vouchers RESOLUTION: 2013-182 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 -AA Vendor A (General Town wide B (General PartTown) DB (Highway Fund) AM (Ambulance fund) Camo 25.00 Camo 25.00 Camo Central Hudson 35.12 Central Hudson 77.99 Central Hudson 455.48 Central Hudson 346.98 K Mart Town of Wappinger Page 10 Printed 7/25/2013 I', Town Board Meeting Minutes July 8, 2013 192.05 Home Depot 3.74 Home Depot 23.61 Mid Hudson Fasteners $59.41 West Payment Center 138.80 First Unim Life Ins $162.08 232.99 60.78 Carquest $402.69 .. 49.32 Carquest $70.32 $8.49 Sun -Up Enterprises Hud River Truck Equip $2,018.42 Hud River Truck Equip $971.72 Hud River Truck Equip $224.34 Hud River Truck Equip $2,018.42 Craig Bova $5.00 CSEA HIW $2,902.62 Optical/Dent Kurt Adler 909.40 Momma's Towing 85.00 Dept of Water Supply 67.05 Tilcon $1,939.53 Staples 29.70 Staples 97.86 Matt Moss $180.50 ±r.. Sal Morello 40.00 Nat'l Fire Prot Assoc 165.00 Wells Fargo 435.00 Int'I Code Council Dues 125.00 Gellert & Klein 148.50 Gellert & Klein 16.50 Gellert & Klein James Baisley $525.00 Staples 734.19 Staples 121.79 Wells Fargo 349.65 Transcare $32,916.66 W.B. Mason CDW Government 89.78 R. Costa Electric 169.80 Allstate Big Top Portable Toilets 137.00 Morris Assoc $4,104.95 3,774.14 1,617.51 Morris Assoc Town of Wappinger Page 11 Printed 7/25/2013 Town Board Meeting Minutes July 8, 2013 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Auto Zone $79.96 39.99 Paetec 577.78 22.96 Grassland Equip $654.22 In The Pocket T. Basile 650.00 Barbara Gutzler 37.47 Bob Angelo 750.00 JK Power Equip $172.20 Iseman LLP 132.00 Iseman LLP $214.50 WM Schultz Custom Ink 354.78 Troop 86 75.00 Netikka Seward- Hollaway 100.00 Jazz Pioneers 600.00 Medical Warehouse 68.18 American Printing 87.04 American Printing 40.47 Big Top Portable Toilets 78.50 Iseman LLP 198.00 Camo Camo Hudson River Valley Tours 1,125.00 Jim Poposil 375.00 Edward Hurley 500.00 David Cole 500.00 Totals $14,022.83 $3,139.39 $16,644.05 $32,916.66 Vendor CBG HWN T33 T96 (Road (Challenger (Wappinger (Parkland Inspection Field) Water Main Trust Fund) Escrow) Project) Camo Camo Camo $195.00 Central Hudson Central Hudson Central Hudson Central Hudson K Mart Home Depot Home Depot Mid Hudson Fasteners West Payment Center First Unim Life Ins Town of Wappinger Page 12 Printed 7/25/2013 R Town Board Meeting Minutes July 8, 2013 Carquest Carquest Sun -Up Enterprises Hud River Truck Equip Hud River Truck Equip Hud River Truck Equip Hud River Truck Equip Craig Bova CSEA H/W Optical/Dent Kurt Adler Momma's Towing Dept of Water Supply Tilcon Staples Staples Matt Moss Sal Morello Nat'l Fire Prot Assoc Wells Fargo Int'l Code Council Dues Gellert & Klein Gellert & Klein Gellert & Klein James Baisley Staples Staples Wells Fargo Transcare W.B. Mason CDW Government R. Costa Electric Allstate Big Top Portable Toilets Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Auto Zone Paetec Grassland Equip In The Pocket T. Basile Barbara Gutzler Bob Angelo JK Power Equip Iseman LLP Iseman LLP WM Schultz Custom Ink Troop 86 Netikka Seward- Hollaway Jazz Pioneers Medical Warehouse American Printing American Printing Big Top Portable Toilets Iseman LLP Camo Camo Hudson River Valley Tours Jim Poposil Edward Hurley David Cole Totals Vendor Camo Camo Camo Central Hudson Central Hudson $75,691.25 $75,691.25 Allstate Voluntary Ins. (T14) $92,160.99 $381.50 $677,356.37 $207.00 $769,712.36 $381.50 $207.00 WF WH (Watch WT (Tall (Fleetwood Hill Water Trees Water Water fund) fund) Fund) Town of Wappinger Page 13 Printed 7/25/2013 Town Board Meeting Minutes July 8, 2013 Central Hudson Central Hudson K Mart Home Depot Home Depot Mid Hudson Fasteners West Payment Center First Unim Life Ins Carquest Carquest Sun -Up Enterprises Hud River Truck Equip Hud River Truck Equip Hud River Truck Equip Hud River Truck Equip Craig Bova CSEA H/W Optical/Dent Kurt Adler Momma's Towing Dept of Water Supply Tilcon Staples Staples Matt Moss Sal Morello Nat'l Fire Prot Assoc Wells Fargo Int'I Code Council Dues Gellert & Klein Gellert & Klein Gellert & Klein James Baisley Staples Staples Wells Fargo Transcare W.B. Mason CDW Government R. Costa Electric Allstate Big Top Portable Toilets Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Auto Zone Paetec Grassland Equip In The Pocket T. Basile Barbara Gutzler Bob Angelo JK Power Equip Iseman LLP Iseman LLP WM Schultz Custom Ink Troop 86 Netikka Seward- Hollaway Jazz Pioneers Medical Warehouse American Printing American Printing Big Top Portable Toilets Iseman LLP Camo Camo Hudson River Valley Tours Jim Poposil Edward Hurley David Cole Totals $866.08 $2,250.00 $1,541.67 $866.08 $2,250.00 $1,541.67 $2,908.33 $2,908.33 Town of Wappinger Page 14 Printed 7/25/2013 Town Board Meeting Minutes July 8, 2013 Vendor WU (United SF SM (Mid SW (Wildwood Wapp. Water (Fleetwood Point Park Sewer fund) Fund) Sewer fund) Sewer fund) Camo Camo Camo Central Hudson Central Hudson Central Hudson Central Hudson K Mart Home Depot Home Depot Mid Hudson Fasteners West Payment Center First Unim Life Ins Carquest Carquest Sun -Up Enterprises Hud River Truck Equip Hud River Truck Equip Hud River Truck Equip Hud River Truck Equip Craig Bova CSEA H/W Optical/Dent Kurt Adler Momma's Towing Dept of Water Supply Tilcon Staples Staples Matt Moss Sal Morello Nat'l Fire Prot Assoc Wells Fargo Int'I Code Council Dues Gellert & Klein Gellert & Klein Gellert & Klein James Baisley Staples Staples Wells Fargo Transcare W.B. Mason CDW Government R. Costa Electric Allstate Big Top Portable Toilets Morris Assoc $1,945.96 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Auto Zone Paetec Grassland Equip In The Pocket T. Basile Barbara Gutzler Bob Angelo JK Power Equip Iseman LLP Iseman LLP WM Schultz Custom Ink Troop 86 Netikka Seward- Hollaway Jazz Pioneers Medical Warehouse American Printing American Printing Big Top Portable Toilets Iseman LLP Camo $8,168.33 $9,708.33 13166.67 Camo $68,329.17 Hudson River Valley Town of Wappinger Page 15 Printed 7/25/2013 Town Board Meeting Tours Jim Poposil Edward Hurley David Cole Totals $70,275.13 Minutes $8,168.33 $9,708.33 $13,166.67 July 8, 2013 Vendor SU (United Wapp. Sewer fund T92 (Planning & Zoning Escrows) Paid Town Board Hold Camo 25.00 Camo 25.00 Camo 195.00 Central Hudson 35.12 Central Hudson 77.99 Central Hudson 455.48 Central Hudson 346.98 K Mart 192.05 Home Depot 3.74 Home Depot 23.61 Mid Hudson Fasteners 59.41 West Payment Center 138.80 First Unim Life Ins 455.85 Carquest 452.01 Carquest 78.81 Sun -Up Enterprises 75,691.25 Hud River Truck Equip 2,018.42 Hud River Truck Equip 971.72 Hud River Truck Equip 224.34 Hud River Truck Equip 2,018.42 Craig Bova 5.00 CSEA H/W Optical/Dent 2,902.62 Kurt Adler 909.40 Momma's Towing 85.00 Dept of Water Supply 67.05 Tilcon 1,939.53 Staples 29.70 Staples 97.86 Matt Moss 180.50 Sal Morello 40.00 Nat'l Fire Prot Assoc 165.00 Wells Fargo 435.00 Int'I Code Council Dues 125.00 Gellert & Klein 148.50 Gellert & Klein 16.50 Gellert & Klein $1,023.00 1,023.00 James Baisley 525.00 Staples 734.19 Staples 121.79 Wells Fargo 349.65 Transcare 32,916.66 W.B. Mason $21.44 21.44 CDW Government 89.78 R. Costa Electric 169.80 Allstate 866.08 Town of Wappinger Page 16 Printed 7/25/2013 F� -0 Town Board Meeting Minutes July 8, 2013 Big Top Portable Toilets 137.00 Morris Assoc 1$4,405.44 1$5,414.20 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Auto Zone Paetec Grassland Equip In The Pocket T. Basile Barbara Gutzler Bob Angelo JK Power Equip Iseman LLP Iseman LLP WM Schultz Custom Ink Troop 86 Netikka Seward- Hollaway Jazz Pioneers Medical Warehouse American Printing American Printing Big Top Portable Toilets Iseman LLP Camo $56,833.33 $483.00 $368.00 $69.00 $250.70 21,469.20 483.00 92,160.99 749.50 69.00 250.70 119.95 600.74 654.22 650.00 37.47 750.00 172.20 132.00 214.50 677, 356.37 354.78 75.00 100.00 600.00 68.18 87.04 40.47 78.50 198.00 87,876.66 Camo 75,029.17 Hudson River Valley Tours 1,125.00 Jim Poposil 375.00 Edward Hurley 500.00 David Cole 500.00 Totals $61,260.21 $7,607.90 $37,975.35 $1,050,666.64 $1,825.70 9 64 4 $1,090,467.69 $1,090,467.69 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 July 8, 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 RIES-2013-182 D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter a ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Mover ❑ ❑ ❑ Withdrawn Ismay Czamiecki Voter 8 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 08, 2013 The Resolution is hereby duly declared adopted. Town of Wappinger Page 17 Printed 7/25/2013 Town Board Meeting Minutes July 8, 2013 XII. Adjournment XIII. Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:45PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz 7 Jessica Fulton Deputy Town Clerk Town of Wappinger Page 18 Printed 7/25/2013