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2009-01-12 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Monday, January 12, 2009 7:00 PM Town Hall 7:00 PM Meeting called to order on January 12, 2009 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Adoption of Agenda IV. Public Portion V. Minutes Approval Monday, January 05, 2009 VI. Correspondence Log 2009-37. Resolution Authorizing the Acceptance of the Correspondence Log VII. Public Hearings Resolution Introducing Local Law No. _ of 2008 Amending the Zoning Law So as to Include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the Single -Family Residential Zoning Districts VIII. Discussions A. Drainage/Highway Projects - Foster B. Agreement for Expenditure of Highway Monies - Colsey IX. Resolutions 2009-38. Resolution Adopting Local Law No. _ of 2009 Containing Zoning Text Amendments Regarding Post -Approval Escrow Accounts 2009-39. Resolution Authorizing the Town of Wappinger to Execute the State of New York Grant Agreement in Connection with the Greenway Trail Renovations and Improvements 2009-40. Resolution Authorizing Town Engineer to Undertake Study for Drainage Issues on Smithtown Road and Granger Place 2009-41. Resolution Introducing "Local Law No. —of the Year 2009, Amending Article VII of Chapter 35 of the Town Code - Justice Court Personnel" X. Items for Special Consideration XI. New Business XII. Executive Session A. CSEA Highway Contract - Colsey B. Code Enforcement Proceedings (Litigation) - Colsey C. Personnel Action Appeal - Colsey XIII. Adjournment Town of Wappinger Page I Printed 1/9/2009 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Chris Masterson 845-297-5771 Monday, January 12, 2009 7:00 PM Town Hall I. Call to Order Supervisor Christopher Colsey called the meeting to order at 7:01 PM. Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Absent Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Graham Foster Town of Wappinger Highway Superintendent Present Al Roberts Town of Wappinger Town Attorney Present Bob Gray Town of Wappinger Engineer to the Town Present David Stolman Town of Wappinger Town Planner Present Councilman Bettina Statement Supervisor Colsey read a statement that he received from Councilman Bettina noting that he will be absent from the meeting because he sustained a fracture. II. Pledge of Allegiance III. Moment of Silence Supervisor Colsey asked for a moment of silence for Richard Quigley. The Supervisor noted that Mr. Quigley was a local corrections officer and Transcare paramedic. s ... IV. Adoption of Agenda Motion To: adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Motion To: amend the Rules RESULT: ADOPTED (UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina V. Public Portion Motion To: suspend the Rules for public input RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Town ofWappinger Page 1 Printed 1/1412009 Regular Meeting Minutes January 12, 2009 VI. LTI" Public Comments The first person to speak was June Visconti. She wanted to address the Town Board about a concern she had pertaining to Councilwoman McCarthy and Councilman Paoloni attending a Planning Board Meeting. Supervisor Colsey asked if Ms. Visconti's remarks were tied to anything on the Agenda. Ms. Visconti replied that it did. She went on to say that Councilwoman McCarthy, at the Planning Board Meeting, advised the Planning Board that there was no water available for the Adams project. Ms. Visconti feels that this type of statement influences the entire Planning Board and is totally unacceptable. Councilwoman McCarthy replied that she attended the meeting as a resident that happened to be a Councilwoman. She expressed her concern that there may be insufficient water. Discussion followed. Councilman Beale asked what the procedure was for Town Board Members attending Planning Board Meetings. Al Roberts, Town Attorney, replied that Town Board Members are permitted to attend any meetings of any public body as a member of the public. Councilman Beale then asked if it has been determined that there was in fact sufficient water. Councilman Paoloni explained the water issue. Discussion followed. Motion To: reinstate the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Minutes Approval Monday, January 05, 2009 ✓ Vote Record - Acceptance of Minutes for January 5 2009 7:00 PM Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Correspondence Log RESOLUTION: 2009-37 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 -2009-37 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator IBJ ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 12, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 2 Printed 1//4/2009 F� Regular Meeting Minutes January 12, 2009 VIII. Public Hearings Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Local Law No. of 2008 Amending the Zoning Law So as to Include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the Single -Family Residential Zoning Districts Supervisor Colsey summarized the Local Law. He then asked David Stolman, the Town Planner, further discussed it. Councilwoman McCarthy made a motion to open the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. Town Clerk Chris Masterson offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Colsey asked for public comments. There were none. Councilwoman McCarthy made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Town of Wappinger Page 3 Printed 1114/2009 TOWN BOARD: TOWN OF �ATAPPINGER DUTCHESS COUNTY; NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE ADOPTION OF THE PROPOSED LOCAL LAIA' ENTITLED "LOCAL LAW NO. OF 2009, AMENDING THE ZONING LAW SO AS TO INCLUDE HISTORIC HOUSE TOURS, RECEPTIONS AND SIMILAR EVENTS AS A SPECIAL PERMIT USE IN THE SINGLE-F4NIILY RESIDENTIAL ZONING DISTRICTS". STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on December 24th, 2008, your deponent posted a copy of the Notice of Public Hearing on the Adoption of the Proposed Local Law Entitled "Local Law No. of 2009, Amending the Zoning Law so as to Include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the Single -Family Residential Zoning Districts", on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 l\'Iiddlebush Road, Wappingers Falls, Dutchess County, New York. ( k . (^ „'! 1i 1,,. z__ - Ahn C. Masterson Town Clerk Town of Wappinger Sworn o before me the 12th day of January, 2009 NOTARY PUBLIC BARBARA L. ROBERTI Not Pubiic, State of New York Rag. fio. 01 806130344 Dd1CriaSS Coui,ty My Commission Expiras July 18, 2009 R, i iI. I l'!..!c: I-'P.I r iI.I`I-4,! ( r.l !.,1 1 I 5 T h,l I;-: I- i- I" suant to Chapter 117 of the Town Code (the, Town's Environmen- tal Quality Review Law which estab-. lishes locally desig-.. nated Type I actions)..' PLEASE TAKE FUR-. k ; T C' F THER NOTICE that rel 1 I4I�I rl 1u 1..,; F,r� . the Town Board has" reserved its right to, make its Determina=- tion of Significance pursuanttoSEQRAat the conclusion of the Public Hearing to be. held on the adoption of the proposed amend-: ments. ;1 1 1 i- <', -, rl;, PLEASE TAKE FUR- I'l1 THER NOTICE that' - 1, ,, ; n -:'r 7 "! I ` �'I.� L:..1"_;t,:S4...:-i`( ... the full text of the draft rl ! ! t: i Ir - I' I ! NOTICE ,TICE OF PUBLIC proposed amend- mentswillbeavailable, , rr� HEARING forreviewandinspec- :-, r ��,I t� I:, t , �li`ir :; yii I. a r AMENDMENT OF tion at the office of the TOWN CODE Town Clerk on week- 4tirs. TOWNOF days from 8: 30 AM to WAPPINGER 4:00 PM. \ NOTICE IS HEREBY GIVEN the Town DATED: December 1 st, 2008 Board of the Town. of BY ORDER OF THE this :�irfl �I„� r��t hlr:ul�,�t-��i],�, Wappinger will con- duct a Public Hearing TOWN BOARD OF THETOWNOF onthe12thdayof-Jan- WAPPINGER nary 2009, at 7:00 PM JOHN C.. i 1 rdat the Town Ha11, 20 MASTERSON f riF I,d , ilF I: Middlebush Road, Town Clerk Wappingers Falls, Town of Wappinger LJII; ! i P i t, i n I I (I I l r!F t.iillllt New York, at which time all parties in inter- I�,�C) est and citizens shall haveanopportunityto be board astowhether the Town Board of the Town of Wappinger should 'amend the:,. Zoning Lawsoastoin- clude "Historic House Tours; ' Receptions i�, g-� C,,t"�,IVED C” and SimilarEvents"as a Special Permit Use in the single-family DEC L Et r1008 residentialzoningdis- tricts. PLEASE TAKE FUR - `OM f O r9l FRK THER NOTICE that Town Board has de- termined that the Pro- posedAction is a Type 1 action pursuanttoAr- ticle 8 of the Environ- mental Conservation Law, Part617NYCRR (commonly known as "SEQRX) and pur- Poughkeepsie JOUrnal Poughkeepsie, .Y. AFFIDAVIT OF PUBLICATION i -ALG V State of New York County of Dutchess DE 2,008 NOTICE OF City of Poughkeepsie. R- 9 F Ft PUBLIC NEARING N d' ; B �.< AMENDMENT OF r AHE TOWN CODE TO,VVN OF WAPPINGER Rita Lombardi , of the City of Poughkeepsie, NOTICE Isr - HEREBY' Dutchess County, New York, being duly sworn, says GIVEN the Town Board of the..•Town ofaQp�nsgr that at the several times hereinafter mentioned he/she 5 �1,4 , a Public eanng ori , y 0��, of;January 200b9 at 71 0 was and still is the Principle Clerk of the Poughkeep--!e PM at the fdwiv Hall, 20' Middlebush 06ad, wap- Newspapers Division of Gannett Satellite Information pingers Falis =.New York, at.whicn hme all parties in interest and citizens shall Network, Inc., publisher of the Poughkeepsie Journal, a have an opportunity to be heard as to whether` the newspaper printed and published every day in the year Town Board of the Town of : wappinger should,; amend the Zoning Law ao,� 3008 in the city of Poughkeepsie, Dutchess County, as „'ta iri1 . " Historic,, House Tours, Receptions` New York, and that the annexed Notice was duly and similar Events" as a special Permit use in the published in the said newspaper for nnP n s e r t i o n single-family , residential;, zoningdlstricts.successively, PLEASE TAKE FURTHER, in each week, commencing on the `NOTICE that Town Board has determined that the 24thday of Dec. in the year of 2008 Proposed Action is a Type _ i action pursuant to Arti- tie 8 of the Environmental and on the following dates thereafter, namely on: Conservation law, . Part 617 NYCRR'"° (commonly known as "SEQRA") and pursuant to .Chapter 117 of the Town Code lthe Town's Environmental Quality Review Law which the on the l i of the draft proposetl amendments will be avail- able ifor ,teview and spection `at the office of the Town- Clerk on week days from 00 AM to .M PM. DATED:December tst, 2008 BY ORDER .OF THEI TOWN BOARD OF THE TOWN OF NlAPPIN'ER JOHN CMASTE iISON Town Cerk Town of Wappmger 2228 - and ending on the _day of in the year of 2008 ,both days inclusive. Subscribed and sworn to before me this �%,'� dday j oj)- 2 -� in the year of 2008 N4AURFEPI CI€ [LIK Notary Public -- NOTARY PUBLIC, STATE OF NEW YORK 1`10.01 615096485 QUALIFIED 11\1 OUTCHESS COUNTY CONI.KiIISSIOPi EXPIRES OCTOBER 14, 200 My commissuon expires r Regular Meeting Minutes January 12, 2009 IX. Discussions A. Drainage/Highway Projects - Foster Supervisor Colsey opened the discussion at 7:16 PM. Graham Foster, Highway Superintendent, explained that he identified the two most serious projects that are causing the most damage at this point. There was a report from the previous Town Engineer back in September of 2006. The report stated that the pipe in Granger Place is in imminent danger of collapsing. He estimated the cost to repair to be $865,000. Mr. Foster felt that it could be done cheaper with force -account labor. He would like Bob Gray, current Engineer to the Town, to come up with a preliminary engineering study to present to the Board. The other problem that Mr. Foster wanted to discuss had to do with the flooding of lots on the back side of Osborne Hill Road due to the Green Fly Swamp. The problem comes from a stream that comes from the swamp and crosses Smithtown Road and goes through a private property north of Smithtown Road on the east side. Mr. Foster went on to describe the problem and possible solutions. Discussion followed. Councilwoman McCarthy asked if that was the only problem in that area. Mr. Foster replied that it was not, it is one of the most critical. There is another serious problem at the Chappas property, where the stream crosses Carroll Drive and goes all the way down to the Miller property on Balfour Drive. Councilwoman McCarthy asked Mr. Gray what would be entailed in doing the study. Mr. Gray described what would be studied. Supervisor Colsey closed the discussion at 7:24 PM. B. Agreement for Expenditure of Highway Monies - Colsey Supervisor Colsey opened the discussion at 7:24 PM. He explained that there was a standard form that needed to be filled out annually. Graham Foster, Highway Superintendent, further explained that, by statute, the form must be signed by the Town Board at the first meeting of the Town Board in each calendar year. The fonn identifies the amount in the 5110.400 account in the Budget, and explains that the money will be set aside for highway maintenance. Discussion followed. Supervisor Colsey closed the discussion at 7:26 PM. X. Resolutions RESOLUTION: 2009-38 Resolution Adopting Local Law No. 1 of 2009 Containing Zoning Text Amendments Regarding Post -Approval Escrow Accounts WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Law should be amended so as to modify the provisions regarding post -approval escrow accounts (the "Proposed Action"); and WHEREAS, the Town Board has detennined 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 Enviromnental 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; WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. 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. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant adverse environmental impacts. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 1 of 2009; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of Wappinger Page 4 Printed ///4/2009 Regular Meeting Minutes January 12, 2009 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-38 Yes/Aye No/Nay Abstain Absent 10 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder I1 El 11 ❑ Defeated Vincent Bettina Voter 11 ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ El ❑ Withdrawn Joseph Paoloni Voter Rl ❑ ❑ ❑ Dated: Wappingers Falls, New York January 12, 2009 The Resolution is hereby duly declared adopted. 91 Town of Wappinger Page 5 Printed 1114/2009 LOCAL LAW # 1 OF THE FEAR 2009 A Local Law entitled "Local Law 41 of 2009, Containing Proposed Zoning Text Amendments P.ega -din- Post _Approval Escrow Accounts." BE, 11' ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Lam shall be known and cited as "Local Law #1 of 2009, Containing Proposed Zoning Teat Amendments Regarding Post -Approval Escrow Accounts." Section 2: Legislative Intent The Town Board hereby finds and declares that the post -approval escrow procedures in the Zoning Law are in need of amendment in order to provide the Town with sufficient 17exibility to implement said procedures properly. Section 3: Zoning( Text Amendments 1. Sections 122-16.N(7)(e) and (t) of Chapter 122, Fees and Fines, shall be revised to read as follows. (e) For construction inspection for a subdivision or site development plan involving a performance bond, the applicant shall deposit and maintain a sum equal to 3°io of the construction costs as estimated by the Town Engineer. In addition, for post -approval review for a subdivision or site development plan involving a perforniance bond, the applicant shall deposit and maintain a separate sum calculated as follows: For Subdivisions: For Site Plans: Number of Lots Square Footage Amount 0 to 2 0 to 3,000 $3,750.00 3 to 10 3,001 to 20,000 $7,500.00 11 to 35 20,001 to 50,000 $16,875.00 More than 35 Greater than 50,000 $26,250.00 Notwithstanding the above, the Building Inspector, in consultation with the Town Engineer, Town Attorney and/or Town Planner, may modify or waive the post -approval review escrow deposit above, based upon the amount of 10 2. post -approval review costs, if any, the Town is expected to incur in connection with a specific project. However, a full or partial escrow deposit may be required at any time by the Building Inspector depending upon the actual need for professional post -approval review services. (f) For post -approval review and construction inspection for a subdivision or site development plan not involving a performance bond, the applicant shall deposit and maintain a sum calculated as follows: For Subdivisions: For Site Plans: Number of Lots Square Footage Amount 0 to 2 0 to 3,000 $3,750.00 3 to 10 3,001 to 20,000 $7,500.00 11 to 35 20,001 to 50,000 $16,875.00 More than 35 Greater than 50,000 $26,250.00 Notwithstanding the above, the Building Inspector, in consultation with the Town Engineer, Town Attorney and/or Town Planner, may modify or waive the post -approval review and construction inspection escrow deposit above, based upon the amount of post -approval review and construction inspection costs, if any, the Town is expected to incur in connection with a specific project. However, a full or partial escrow deposit may be required at any time by the Building Inspector depending upon the actual need for professional post -approval review or construction inspection services. Section B of Chapter 240 Attachment 6:1, Planning and Zoning Departments Fees and Escrow Funds, shall be amended to read as follows. B. Requirements for escrow fiinds (1) Escrow fiords established. By the authority granted by § 240-110 of the Town of Wa.ppinger Zoning Law and in order to ensure that the cost of any engineering, SEQR experts, planning, legal or other consultation fees incurred by the Town of Wappinger with respect to matters before the Town Board/Planning Board/Zoning Board are borne by the applicants, there shall hereby be established escrow funds. (2) Application review. Upon filing an application for subdivision, site plan or special permit approval, the applicant shall deposit With the Town Controller, via certified check, a sum of money in accordance R N,\,ith Chapter 122, Article IV, § 122-16N(7). The Controller shall pay from these funds the fees charged by any professionals employed by the Town with respect to the review of the applicant's project. Said fees shall be submitted by voucher and paid as approved by the Supervisor and Comptroller. The applicant shall deposit additional fiends into such account to bring its balance up to l (W,(') of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month; the approving agency shall suspend its review of the application. No resolution of subdivision plat or site development plan approval shall be endorsed until all professional review fees charged in connection with the review of the project have been reimbursed to the Town. (3) Refunds from application review escrow accounts. No refunds of any fields remaining on deposit in application review escrow accounts shall be issued until after all pertinent professional review charges have been paid and until 60 days after the final closing sleeting is held to review final bills and payments. (4) Past -approval reviews and construction inspections. Subject to the terms; modification and waiver provisions of §§ 122-16.N(7)(e) or (fl, as applicable, no building permit shall be issued unless all professional review fees charged in connection with the review of the applicant's project have been reimbursed to the Town and a new escrow account has been established to cover all post -approval review and construction inspection costs. Prior to the Plarming Board Chairman signing the site development plan neaps or subdivision plat, the applicant shall deposit with the Town Controller, via certified check, a suns of money in accordance with Chapter 122, Article IV, § 122-16N. The Controller shall pay from these funds the fees charged by any professionals employed by the Town with respect to the post -approval review and/or inspection of the applicant's project. Said fees shall be submitted by voucher and paid as approved by the Supervisor and Comptroller. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the Town may issue a stop -work order. No certificate of occupancy shall be issued unless the post -approval review and construction inspection escrow account is current with the fees listed in §§ 122-16.N(7)(e) or (f), as applicable, of this code. 3 (5) Refunds from post -approval review and construction inspection escrow accounts. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional review and construction inspection charges have been paid and until (as applicable): (a) sixty days after the expiration of the maintenance bond in the caseof a subdivision or site development plan involving a maintenance. bond; or (b) six months after the issuance of the final certificate of occupancy in the case of a subdivision or site plan not involving a maintenance bond. A closing meeting(s) shall be held to review final bills and payments prior to any refund. Notwithstanding the above, refunds of any funds remaining on deposit in escrow may be issued for an entire project or a portion(s) of a project which will remain dormant for an extended period of time. Further, a full or partial escrow deposit may be required at any time by the Building Inspector for an entire project or a portion(s) of a project which becomes reactivated. (6) Change in ownership. Escrow accounts shall be non -transferable. The Town shall be notified of any change in ownership of a project and any such change shall require the establislument of a new escrow account by the new owner. (7) Calculation of escrow fund. See Chapter 122, Article IV, § 122-16N Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons m 1� or circumstances. It is hereby declared to be the legislative intent that this Local law Would have been adopted if such illegal; invalid or unconstitutional provision; clause, sentence; subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 6: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 5 Regular Meeting Minutes January 12, 2009 RESOLUTION: 2009-39 Resolution Authorizing the Town of Wappinger to Execute the State of New York Grant Agreement in Connection with the Greenway Trail Renovations and Improvements WHEREAS, the State of New York has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the Town of Wappinger is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required to the terms of the State of New York Grant Agreement; and WHEREAS, the Town of Wappinger has received a special grant in the amount of Fifteen Thousand Dollars ($15,000.00) in the 2008-2009 New York State Budget towards the Greenway Trail renovations and improvements; and WHEREAS, there are specific requirements and regulations governing the expenditure of these funds which terms are stated in the State of New York Grant Agreement, a copy of which is affixed hereto. 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 directs that the administration of all funds under this grant will be in accordance with all the terms and conditions contained in "GUIDELINES to prepare Grant Agreements for non -construction projects $50,000 and under - Fiscal Year 2008 - 2009," provided by the New York State Office of Parks, Recreation and Historic Preservation and this Resolution. 3. The Supervisor of the Town, Christopher J. Colsey, is hereby directed and authorized to sign legal documents on behalf of the Town of Wappinger and that such signature is acknowledgment of the acceptance by this body of compliance with all terms and conditions of the Grant Agreement to be executed for the grant, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-39 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ El 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ El ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 12, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-40 Resolution Authorizing Town Engineer to Undertake Study for Drainage Issues on Smithtown Road and Granger Place WHEREAS, Highway Superintendent, Graham Foster, has identified two separate areas in the Town where drainage repair work to Town maintained drainage systems is required because of impacts to Town roads and flooding of adjacent properties; one location is at Smithtown Road, approximately 75' easterly from its intersection with US Route 9, and the other is at Granger Place where existing twin 48" culverts have deteriorated to the extent that failure of the pipes is imminent; and WHEREAS, the Town maintains an underground drainage pipe that crosses Smithtown Road approximately 75' east of US Route 9 and this drainage pipe surcharges for weeks after a rain event on the south side of Smithtown Road, resulting in the water level of the Green Fly Swamp being raised by approximately 3', causing flooding to properties on the east side of Osborne Hill Road as well as flooding of the home on the north side of Smithtown Road; and WHEREAS, by letter dated September 6, 2006, the prior Town Engineer, Joseph E. Paggi, Jr., had reported that existing twin 48" drainage culverts near Granger Place had deteriorated to the extent that the failure of these pipes was then imminent; and WHEREAS, no repairs have been made to the 48" drainage culverts since Paggi's report Torn of Wappinger Page 6 Printed 111412009 Regular Meeting Minutes January 12, 2009 of September 6, 2006, and it is the opinion of the Highway Superintendent that these culverts have deteriorated significantly since September 6, 2006; and WHEREAS, Highway Superintendent, Graham Foster, has determined that the above mentioned drainage issues on Smithtown Road and Granger Place are of major and serious concern, and unless corrected, would seriously impact Town roads and flood adjacent properties; and WHEREAS, Highway Superintendent, Graham Foster, has requested that the Town Engineer undertake a preliminary study to determine the approximate costs of construction for such repairs in order for the Town Board to determine whether these drainage repairs should be let for public bid or be done through the Highway Department Force Labor Account. 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 Robert J. Gray of Morris Associates, Engineering Consultants, PLLC, the Engineer to the Town, to undertake a preliminary engineering study to determine the extent of repairs required and the approximate costs of construction necessary to alleviate and correct the drainage concerns above described at Smithtown Road and Granger Place, and to make a preliminary determination of whether or not the repairs can be made through the Town of Wappinger Highway Department through the Force Labor Account or whether the same should be let for public bid pursuant to statute. 3. The Town Board further directs that Robert J. Gray of Morris Associates, Engineering Consultants, PLLC, undertake this study as quickly as possible because of the serious nature of the drainage problems. 4. The Town Supervisor, Christopher J. Colsey is hereby authorized to execute the letter proposal by and on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-40 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator D ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 12, 2009 The Resolution is hereby duly declared adopted. Motion To: amend Local Law, paragraph C, D and E of section 35-32, inserting the word Deputy RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina RESOLUTION: 2009-41 Resolution Introducing "Local Law No. _ of the Year 2009, Amending Article VII of Chapter 35 of the Town Code - Justice Court Personnel" WHEREAS, because of budgetary considerations, the Town Board has sought to reduce the number of employees employed by the Town; and WHEREAS, after consultation with the Justices to the Town of Wappinger, it is mutually determined that the Justices could adequately function with one full-time Clerk to the Justice and one part-time Clerk to the Justice; and WHEREAS, the Town Board hereby intends to amend Article VII of Chapter 35 to eliminate'references to full-time and part-time positions and to give authority to the Town Board to make such determination on an annual basis; and WHEREAS, the Town Board determines that this is a Type II action pursuant to 6 Town of Wappinger Page 7 Printed 1/14/2009 Regular Meeting Minutes January 12, 2009 XI. NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 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 herby introduces for adoption Local Law No. of 2009 in the form annexed hereto. 3. The Town hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of 2009 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the day of , 2009, at 7:00 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-41 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 0 Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 12, 2009 The Resolution is hereby tabled. Items for Special Consideration Motion To: authorize Town Clerk to not buy more Recycle Center stickers Councilman Beale asked if there was a request for the Union Jack Pub for a liquor license. Town Clerk Chris Masterson noted that the notice was in the Correspondence Log. Councilman Beale went on to say that he thought there was going to be a waiver of the 30 day hold period. The Town Clerk replied that the applicant did not request a waiver. Councilman Paoloni noted that the Town Clerk has mentioned that he will be running out of Recycle Center permits. Councilman Beale recommended that the Recycle Center Committee meet again before ordering more permits. Councilman Beale and Councilman Paoloni decided to meet and discuss their schedules before leaving for the night. The Town Clerk then asked if they were going to direct him to not purchase any more permits. Councilman Beale made a motion to authorize the Clerk not to spend money on the stickers. Councilman Beale asked how many were left. The Town Clerk replied that there were approximately 12. Discussion followed. Councilwoman McCarthy seconded the motion. The motion passed unanimously. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] William Beale, Councilman Maureen McCarthy, Councilwoman Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni Vincent Bettina XII. New Business Councilman Beale New Business Councilman Beale noted that Rich Quigley, a local paramedic with Transcare, passed away this past weekend. He felt it would be nice for the Town to send flowers to the funeral home and to have a presence there. Councilman Beale made a motion for the Town to send Town of Wappinger Page 8 Printed 1/14/2009 F11 Regular Meeting Minutes January 12, 2009 flowers to the funeral home. The motion was seconded by Councilwoman McCarthy and passed unanimously. Councilman Beale then asked if the Town flag could be lowered to half-staff. Supervisor Colsey and Councilwoman McCarthy noted that there is protocol as to who can authorize the flags to be lowered. Supervisor Colsey will look into the matter. Councilman Beale then recommended that the section of Smithtown Road that runs between Osborne Hill Road and Route 9 be named Smithtown Road Extension. He noted that there has been confusion when emergency response has to respond to that area. Councilman Paoloni asked if it could be named something else. Discussion followed. Councilman Beale then brought up an issue that he has with the Town Code books. The book that he was given has a 5 or 6 year gap that had no updates. He asked what the policy was for getting updates. Supervisor Colsey noted that he was under the impression that paper copies rr were not being ordered because the code is available online. The Town Clerk, Chris Masterson, replied that paper updates are still being distributed. When books have been so poorly maintained, it may make more sense to just buy a new book. He went on to say that it would be better to not use the book and use the online code instead. Motion To: authorize that flowers be sent to Funeral Hoene RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina XIII. Executive Session Motion To: go into Executive Session for legal issues RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Maureen McCarthy, Councilwoman Christopher Colsey, Supervisor Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni Vincent Bettina A. CSEA Highway Contract - Colsey B. Code Enforcement Proceedings (Litigation) - Colsey C. Personnel Action Appeal - Colsey Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina XIV. Post Executive Session Actions Dictation of Motion Al Roberts, Town Attorney, dictated a motion as follows: "Motion to authorize Albert P. Roberts, of the firm of Vergilis, Stenger, Roberts and Davis, to interpose an answer defense and a motion to dismiss and/or any other motions necessary to dismiss the claim brought by Westchester Fire Insurance Company, filed against the Town on January 12th of this year". The motion was made by Councilwoman McCarthy, seconded by Supervisor Colsey and passed unanimously. To of Wappinger Page 9 Printed 1/14/2009 Regular Meeting Minutes January 12, 2009 Motion To: authorize the Town Attorney to interpose an answer defense and a motion to dismiss... RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina XV. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina The meeting adjourned at 10:17 PM. John C. Masterson Town Clerk I 7otivn of Wappinger Page 10 Printed 1/1412009