Loading...
2009-05-11 RGMMonday, May 11, 2009 Town of Wappinger Town Board Meeting - Agenda -- 7:00 PM 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Town Hall 7:00 PM Meeting called to order on May 11, 2009 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order ,.. H. Salute to the Flag III. Adoption of Agenda IV. Public Portion V. Correspondence Log 2009-179. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Hearings Draft Comprehensive Plan and Supplemental Draft Generic Environmental Impact Statement (SDGEIS) in Connection with Town Comprehensive Plan and Associated Zoning Amendments VII. Resolutions 2009-180. Resolution Adopting Local Law No of 2009 Amending the Zoning Law So as to Include Pawn Shops as a Special Permit Use in the Highway Business (HB) and Highway Design (HD) Zoning Districts 2009-181. Resolution Adopting Local Law No. of the Year 2009, Creating Chapter 99 of the Code of the Town of Wappinger Entitled "Collateral Loan Brokers (Pawnbrokers)" 2009-182. Resolution Appointing a Temporary Employee to the Town of Wappinger Senior Center 2009-183. Resolution Drawing on the Letter of Credit Posted in Connection with the Blackwatch Farms Subdivision 2009-184. Resolution Clarifying the Appointment of a Member to the Town of Wappinger Planning Board 2009-185. Appointing a Member to the Town of Wappinger Planning Board VIII. Items for Special Consideration IX. New Business X. Town Board Review of Vouchers 2009-186. Abstract of Claims and Warrant for Payment of Claim Audited by Town Board XI. Adjournment Town of Wappinger Page I Printed 51812009 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes — Chris Masterson 845-297-5771 Monday, May 11, 2009 7:00 PM Town Hall I. Call to Order Supervisor Christopher Colsey called the meeting to order at 7:05 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 Present Maureen McCarthy Town of Wappinger Councilwoman Late 7:08 PM Joseph Paoloni Town of Wappinger Councilman Present Bob Gray Town of Wappinger Engineer to the Town Present Al Roberts Town of Wappinger Town Attorney Present Graham Foster Town of Wappinger Highway Superintendent Present David Stolman Town of Wappinger.. Town Planner Present Councilman Paoloni Statement Councilman Paoloni noted that Councilwoman McCarthy is on her way. She will be late because she is stuck in traffic. II. Salute to the Flag II. Adoption of Agenda Motion To: accept the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy IV. Public Portion Motion To: suspend the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni ABSENT: Maureen McCarthy Public Comments Councilman Bettina made a motion to suspend the Rules. The motion was seconded by .. Councilman Beale and passed unanimously. Gary Lindstrom was the first resident to speak. He had comments on the Comprehensive Plan. He had previously submitted comments in letter form. He would like his letter to be added to the comments on the Plan. Mary Schmalz was next to speak. She asked if the employee that Resolution 2009-182 pertains to is a new employee. Supervisor Colsey replied that the person being considered is Kathy DeLisa, former senior director. Councilman Paoloni made a motion to accept the resignation of June Visconti. Supervisor Colsey clarified that there was a resignation submitted in writing on May 4th, 2009, by Planning Board Member June Visconti. Councilman Bettina seconded the motion. Discussion followed. The motion passed 4-1 with Councilman Bettina, Councilwoman McCarthy, Councilman Paoloni and Supervisor Colsey voting "Aye" and Councilman Beale Town of Wappinger Page I Printed 5/21/2009 Town Board Meeting Minutes May 11, 2009 voting "Nay". 1VI. Motion To: accept the resignation of June Visconti 1 RESULT: ADOPTED [4 TO 11 MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, Vincent Bettina, Maureen McCarthy, Joseph Paoloni NAYS: William Beale Motion To: reinstate the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Correspondence Log RESOLUTION: 2009-179 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 -2009-179 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdiawn Maureen McCarthy Seconder [a ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 11, 2009 The Resolution is hereby duly declared adopted. Public Hearings Motion To: open the Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Executive Session Motion To: go into Executive Session for legal advice RESULT: ADOPTED 14 TO 1] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni NAYS: Christopher Colsey Legal Advice from Attorney town of Wappinger Page 2 Printed 5/21/2009 T.,,.,.. Rnard MPPting Minutes May 11, 2009 Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Draft Comprehensive Plan and Supplemental Draft Generic Environmental Impact Statement (SDGEIS) in Connection with Town Comprehensive Plan and Associated Zoning Amendments Councilwoman McCarthy made a motion to open the Public Hearing. The motion was seconded by Councilman Bettina 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). David Stolman gave a PowerPoint presentation regarding the Draft Comprehensive Plan and SDGEIS. He noted all changes made since the last version of the Plan. This is the third Public Hearing on the Draft Plan. Mr. Stolman hopes that soon there will be a Final Comprehensive Plan adopted by the Town Board. While discussing the section pertaining to the expansion of the Chelsea hamlet, Councilman Bettina asked for clarification. Mr. Stolman expanded on the expansion of the Chelsea hamlet and then continued with the presentation. Councilman Bettina asked the Town Attorney, Al Roberts, what would happen for the people that have been paying for sewer and water if the allocation is going to be reallocated to another area. Discussion followed. Mr. Stolman continued with his presentation. Councilman Beale asked that Mr. Stolman again go over the time -line from this point forward. Mr. Stolman described what would need to take place at each stage. He first noted that the comment period will run for 10 days after the close of the Public Hearing. After that period, the Board will decide whether or not to do a Final SDGEIS. If that is the case, it will be done and filed. A findings statement will be drafted and adopted, which will end the SEQRA process. An alternative is to issue a Negative Declaration, which would also end the SEQRA process. The SEQRA process needs to end before the Board can act on the Plan. Mr. Stolman has been working on Zoning Laws that would implement Zoning map changes. Councilman Beale then asked how long this process could take before having an adopted Comprehensive Plan. Mr. Stolman replied that it could conceivably happen in June. Councilman Bettina asked how people were notified for this Public Hearing. The Town Clerk replied that it was posted on the signboard and published in the Town's official newspapers as required. Councilman Beale noted that it was also on the Town website. Councilman Bettina then noted that he had asked at the last Meeting to have notifications sent out. Councilwoman McCarthy added that she would like to hear from the residents in the Cranberry area about the proposed density. She would not oppose mailings going out to the Town's residents asking them to offer their comments. Councilman Bettina recommended leaving the Public Hearing open. Discussion followed. Supervisor Colsey asked who would get a mailing. He gave the example that his own property is not being rezoned and asked if he should get a mailing. Councilman Bettina replied that he should not. Councilman Beale then asked if adjacent property owners should be notified. Councilman Bettina agreed and recommended expanding the list. Councilman Beale asked that the Board reach a consensus about this. Otherwise they will continue discussing the same thing over and over. He also noted that people have had multiple opportunities to attend the meetings and be part of the public sessions. He again noted that, if the Town was going to send out notices, they should notify adjacent property owners as well. Councilman Bettina again agreed. Councilman Paoloni added that the Board needs to come to a consensus about the Cranberry property before closing the Public Hearing. Councilman Bettina recommended going into Executive Session to discuss the item. The Town Attorney replied that the Board could go into Executive Session strictly for legal advice if they have specific legal questions to address. He went on to say that, with respect to Cranberry, as far as he is concerned, the litigation is over. Councilman Bettina stated that he would like to go into Executive Session for legal advice about Cranberry. Councilman Paoloni and Councilwoman McCarthy pointed out that there is no litigation or legal advice to seek. Councilman Bettina replied that he has legal questions to ask and made a motion to go into Executive Session for legal advice relative to Cranberry. Councilwoman McCarthy seconded the motion. Discussion followed. The motion passed 4-1 with Councilman Beale, Councilman Bettina, Councilwoman McCarthy and Councilman Paoloni voting "Aye" and Supervisor Colsey voting "Nay". Councilwoman McCarthy asked why the Supervisor voted "Nay". Supervisor Colsey replied that he doesn't think that there are any legal questions and that he has no problem talking in public. The Board broke for Executive Session at 7:53 PM. Printed 5/2l/2009 Town of Wappinger Page 3 Town Board Meeting Minutes May 11, 2009 The Board came out of Executive Session at 8:18 PM. Councilwoman McCarthy asked where the Board stood with the discussion. Councilman Bettina replied that he would like to see the public notified with cards sent through the mail. Councilman Paoloni asked who would determine who gets a card. Councilman Bettina replied that the Planner should give the list to the Planning Department secretary for cards to be sent out. Mr. Stolman confirmed that he has the list. The list could be provided so that the appropriate cards could be sent out. Councilman Paoloni asked what the proximity limit for notifications for adjacent properties was. Mr. Stolman noted that he could do that for the Town, but the Town staff could do it at less cost. Councilman Bettina recommended that Mr. Stolman give the list to the Town Clerk or Zoning Administrator. Supervisor Colsey reminded the Councilman that the Town Board has a Legislative Aide. Councilman Bettina replied that he would prefer if the Town Clerk do it. Councilwoman McCarthy felt that the Legislative Aide would work with the Town Clerk to notify the proper people. Councilman Bettina then asked if the postage would come out of the Town Clerk's office. The Town Clerk answered that his office has a postage machine. Councilman Beale asked that the Legislative Aide provide the Board with a copy of the card to the Board so that they could look at it. He then asked when they will be having Part II of the Public Hearing. Discussion about Cranberry followed. Councilwoman McCarthy asked if the Board was in agreement that the Town Attorney could proceed with the research that the Board had asked him to do when they were in Executive Session. The Board agreed. Discussion about Cranberry followed. The Board then discussed the notices again. Mr. Stolman recommended that the Board decide what the notices would say. Councilwoman McCarthy replied that there would be different notices sent out that depend on the area that the notices go to. Supervisor Colsey asked what line this mailing would be charged to. Councilwoman McCarthy asked what the options were. Supervisor Colsey replied that there is approximately $500 in the Town Board Miscellaneous line. Councilman Beale asked how much the mailing will cost. Supervisor Colsey replied that the bulk pick-up mailing cost about $2000. Councilwoman McCarthy recommended that it be done in-house. Councilman Beale added that he doesn't want a rinky- dink mailing going out. Supervisor Colsey asked that the decision then because they have a standing rule not to make business decisions outside of a Town Board Meeting. Councilwoman McCarthy noted that the job should be done in-house because it's less expensive and it's not that difficult of a task to type something into a computer, and then print and copy it. The Board discussed the issue of how to do and pay for the mailing. They then discussed a suitable day to adjourn the Public Hearing to. Councilman Bettina asked if the Board had consensus on a not - to -exceed limit of $1000 on the mailing. Supervisor Colsey again asked what line to use to charge this to. Councilwoman McCarthy told the Supervisor to find the other $500 from a line and send the notice out. Mr. Roberts explained who should receive the notices. Discussion followed. Supervisor Colsey then opened the floor to comments from the public. The first resident to speak was Gary Lindstrom. Mr. Lindstrom asked for clarification on the term "near" in one of the Comprehensive Plan sections. His second question was why the section that he was referring to was needed to begin with. His final comment was that he wanted his letter that he mentioned in Public Comments to be added to the comments on the Plan. Mr. Stolman explained that Comprehensive Plans are essentially a guideline. The implementation of the plan that will take place within the Zoning law and Zoning map will be more specific. Mr. Stolman then explained why the section was needed. The next resident to speak was Ron Lafko. Mr. Lafko noted that he worked with Mr. Stolman on the Comprehensive Plan Committee. He feels that public input is very important. He then compared the current draft of the Comprehensive Plan with the Comprehensive Plan that was previously adopted. He recommended leaving the Public Hearing open. Discussion followed. Councilman Beale asked if the Town should have a Comprehensive Plan Oversight Committee. Mr. Stolman recommended against looking at the plan on such an ongoing basis. The Plan should include a maximum length of time before the Plan is looked at again. Councilman Beale referenced page 38 of the SDGEIS. There is a section on that page that mentions equalization rates. The rate should be 100%. Councilman Bettina made a motion to adjourn the Public Hearing until June 1 st; 2009, at 6:30 PM, in the Town Hall. The motion was seconded by Councilwoman McCarthy. Councilman Beale asked that the Supervisor's Office or Town Clerk's Office send out notice to the papers. The motion passed unanimously. ?Town of Wappinger Page 4 Printed 5/21/2009 14 Town Board Meeting Minutes May 11, 2009 RESULT: ADJOURNED [UNANIMOUS] Next: 6/1/2009 6:30 PM MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 5 Printed 5/21/2009 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE DRAFT TOWN COMPREHENSIVE PLAN AND THE SUPPLEMENTAL DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT PREPARED FOR THE DRAFT TOWN COMPREHENSIVE PLAN AND ASSOCIATED ZONING CHANGES (THE "PROPOSED ACTION"). 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 March 15th, 2009, your deponent posted a copy of the Notice of Public Hearing on the Draft Town Comprehensive Plan and the Supplemental Draft Generic Environmental Impact Statement prepared for the Draft Town Comprehensive Plan and Associated Zoning Changes (the "Proposed Action")., on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Pohn C. Masterson Town Clerk Town of Wappinger Sworn to before me the 27th day of March, 2009 NOTARY PUBLIC BARBARA L. ROBERTI Not Public, State of New York Reg. No. 01 R06130344 Dutchess County My Commission Expires July 18, 2009 RECEIVED ` APR 2009 Poughkeepsie, N.Y. U IUM State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutcher, County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2009 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for /, one insertion successively, in each week, commencing on the 1 5 t h day of April in the year of 2009 and on the following dates thereafter, namely on: rind ending on the day of in they ar of 200 '', both days inclusive. Subscribed an worn to before me this day in the year of 2009 Nofary Public\,'.._'/ My, �9il�ti4ils ioiiiex t e.sl` r C% / (/a a To: SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice ##83824 State of NEW YORK SS: County of DUTCHESS I, TINA HEATH, being duly sworn, depose and say: that I am the Publisher of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 04/15/09. LVX Sworn to before me this 15th day of April, 2009 ALBERT M OSTEN Notary Public, State of NEW YORK No. .14-8240760 Qualified in DUTCHESS County My commission expires on May 16, 2011 SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #83823 State of NEW YORK SS: County of DUTCHESS I, TINA HEATH, being duly sworn, depose and say: that I am the Publisher of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 04/15/09. Sworn to before me this 15th day of April, 2009 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County My commission expires on May 16, 2011 NOTICE OF PUBLIC HEARING DRAFT TOWN; COMPREHENSIVE PLAN AND SUPPLEMENTAL DRAFT GENERIC ENVIRONMENTAL IMPACT PG ,b ;'STATEMENT ' TOWN OF WAPPINGER ' NOTICE IS HEREBY 'GIVEN that the Town Board of the Town of Zpinger will con- duct a I?yblic Hearing on the 1'lth dayofMay 2009, at7:Q0. PMatthe Town Halls 20 Middle - bush Road, $ VVap- pingers,�Falls New Yorlt; at which time all parties in interest and Citizens shall have.an opportunity to be heard regarding the Draft Toyun . Compre- hensive Plan and the Supplemental Kraft Generic Environmen tal Impact- Statement prepared for the Draft Town I Comprehen- sive Plan and Associ- ated Zoning Changes (the "Proposed Ac- tion!')... PLEASE TAKE FUR- THER- NOTICE that Towne Board has de ternjjn d atth6 Pro,�1 posedAct'ion is a Type 1.actio npursuanttoAr ticle8 of the Environ- metal Conservation Law, Part617 NYCRR (corpmonly-Known as "SE¢RA") and purr suant to Chapter 117 of the Town Code (the ' ' p's Environmen tai , IQuality,5 Review L aw; which r estab lishes locally, desig nated Type I actions). PLEASE TAKE f UR isayq}n(i uo!}eool ?!#O_' '6002/W/ NO �(o§Sy;Innpalii NO leW }}eaoaib'oel"a41.. � Uoi}euajoj}o abl}oN •a;ep.oi}iaads i INPnlosslp LL IM, j1 Poughkeepsie, I.Y. AFFIDAVIT PUBLICATION State of New York County of Dutchess City of Poughkeepsie ECEI VED APR 1 2009 Rita Lombardi, of the City of Poughkeepsie, Dutches,5 County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2009 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for ' one insertion successively, in each week, commencing on the 15t1, day of April in the year of 2009 and on the following dates thereafter, namely on: And ending on the day of in the year off 2009 , both days inclusive. Subscribed a40worn to before me this � ay -in the year of 2009 lary Pu Tic / IVOT?.Fi`f F";.3�q IC vi�commission expires /'4 ,� TMAin Rnnrd MPpting Minutes May 11, 2009 VII. Resolutions Motion To: do all Resolutions as a group RESULT: DEFEATED 12 TO 31 MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Maureen McCarthy, Joseph Paoloni NAYS: Christopher Colsey, William Beale, Vincent Bettina RESOLUTION: 2009-180 Resolution Adopting Local Law No. 5 of 2009 Amending the Zoning Law So as to Include Pawn Shops as a Special Permit Use in the Highway Business (HB) and Highway Design (HD) Zoning Districts WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Law should be amended so as to include Pawn Shops as a Special Permit Use in the Highway Business (HB) and Highway Design (HD) zoning districts (the "Proposed Action"); 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; and 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. 5 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. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-180 Yes/Aye No/Nay ', Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter 4 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York May 11, 2009 The Resolution is hereby duly declared adopted. Page 6 Printed 5/21/2009 Town of Wapp ing er LOCAL LAW # 5 OF THE YEAR 2009 A Local Law entitled "Local Law #5 of 2009, for the purpose of adding the new use — Pawn Shops — to the Zoning Law." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law #5 of 2009, for the purpose of adding the new use — Pawn Shops — to the Zoning Law." Section 2: Legislative Intent Pawn shops are not specifically allowed in any zoning district within the Town of Wappinger, and the Town Board believes that such use should be permitted. This local law would add Pawn Shops as a Special Permit Use in the Highway Business (HB) and Highway Design (HD) zoning districts, subject to the provisions of proposed Section 240-81.4 of the Zoning Law. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3: Zoning Amendments 1. Section 240-5, Definitions, of the Zoning Law shall be revised to include the following definition in its proper alphabetical order: PAWN SHOP — An establishment operated by a person, partnership or corporation which loans money on deposit or pledge of personal property, other than securities or printed evidences of indebtedness, or deals in the purchasing of personal property on condition of selling said property back at a stipulated price. 2. The Schedule of Use Regulations — Nonresidential Districts of the Zoning Law in 240 Attachment 2 of the Town Code is hereby amended so as to list "Pawn- shops Pawnshops (§ 240-81.4)" in the category of "Retail" uses, as a Special Permit Use in the Highway Business (HB) and Highway Design (HD) zoning districts. 3. A new Section 240-81.4 shall be added to the Zoning Law and shall read as follows: § 240-81.4 Pawn shops. 2 A. The pawn shop shall comply with the provisions of Article 5 of the General Business Law of New York State. B. The pawn shop shall possess a current and valid license issued in accordance with Chapter 99, Collateral Loan Brokers, of the Town Code. C. The proposed pawn shop shall not be located within 1,000 feet of an existing pawn shop. D. The Planning Board may impose such conditions as it deems necessary to avoid or minimize impacts and the impairment of the use, enjoyment and value of property in the area of the proposed pawn shop. E. Parking for the pawn shop shall be provided as set forth in Article X of this chapter and as required by the Planning Board. F. Upon certification by the Zoning Administrator that the applicant has complied with all conditions of this chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for the pawn shop. G. Each pawn shop shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the use possesses a current and valid license in accordance with Chapter 99 of the Town Code, and is otherwise in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of compliance. The certificate of compliance, once issued, shall be valid for a period of one year, provided that the use complies with the teens of this chapter. In the event that the review and/or inspection determines that the pawn shop is no longer in compliance with this chapter, the certificate of compliance shall be revoked and the Planning Board shall then undertake a review to determine whether the Special Use Permit shall be revoked. 4. Section 240-97, Schedule of Off -Street Parking Requirements, of the Zoning Law shall be amended by adding the following use and parking requirement so as to be located below the "Retail or service business" use: Use Minimum Number of Off -Street Parking Spaces Pawn shop 1 for each 150 square feet of gross floor area 3 Section 4. Ratification, Readoation 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: Inclusion in Code It is the intention of the Wappinger Town Board and it is hereby enacted that the provisions of this local law shall be included in the Code of the Town of Wappinger; that the sections and subsections of this local law may be renumbered or relettered to accomplish such intention; and that the word "local law" shall be changed to "chapter," "section" or other appropriate word, as required for codification. Section 6: Renumbering The location and numerical designation of this local law and the sections included herein shall be delegated to the discretion . of the codifier, General Code, which may renumber this local law and sections as are necessary to accommodate these amendments. Section 7: Codification This local law shall be incorporated into the Code of the Town of Wappinger and shall be assigned a chapter number and appropriate section numbers by the codifier, General Code, in accordance with the numbering system of the Code. Section 8: Codifier's Changes This local law shall be included in the Code of the Town of Wappinger. The codifier shall make no substantive changes to this local law, but may renumber, rearrange and edit it without first submitting it to the Wappinger Town Board. Any such rearranging, renumbering and editing shall not affect the validity of this local law or the provisions of the Code affected thereby. Section 9: 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 or circumstances. It is hereby declared to be the legislative intent that this Local law 4 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 10: 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 Town Board Meeting Minutes May 11, 2009 RESOLUTION: 2009-181 Resolution Adopting Local Law No. 6 of the Year 2009, Creating Chapter 99 of the Code of the Town of Wappinger Entitled "Collateral Loan Brokers (Pawnbrokers)" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing proposed Local Law No. 6 of the Year 2009, Creating Chapter 99 of the Code of the Town of Wappinger entitled "Collateral Loan Brokers (Pawnbrokers)"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspaper of the Town; and WHEREAS, the Public Hearing was opened on April 27, 2009, adjourned to and closed on May 4, 2009, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to Environmental Review; and WHEREAS, the Town Board of the Town of Wappinger, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger 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 recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 6 of the Year 2009, Creating Chapter 99 of the Code of the Town of Wappinger entitled "Collateral Loan Brokers (Pawnbrokers)", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-181 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 11, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 5/21/2009 r LOCAL LAW NO. 6 OF THE YEAR 2009 A Local Law entitled Local Law No. 6 of the Year 2009, Creating Chapter 99 of the Town Code, "Collateral Loan Brokers. (Pawnbrokers)" BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section -I: Title. This Local Law shall be known and cited as Town of Wappinger Local Law No. 6 of 2009, Creating Chapter 99 of the Town Code, ``Collateral Loan Brokers. (Pawnbrokers)" This Local Law No. 6 of the Year 2009 hereby establishes and creates Chapter 99 "COLLATERAL LOAN BROKERS (Pawnbrokers)" of the Code of the Town of Wappinger. Section -II: Creation of Chapter 99: "COLLATERAL LOAN BROKERS." Chapter 99 of the Town Code of the Town of Wappinger is hereby adopted to read as follows: "CHAPTER 99 COLLATERAL LOAN BROKERS (PAWNBROKERS) § 99-1. Legislative Intent and Purpose. A. The purpose of this chapter is to promote the health, safety and general welfare of the people of the Town of Wappinger, New York and to protect and preserve property values by imposing requirements that insure that collateral loan brokerage businesses are operated by citizens of good character and are located in such zoning districts as may be designated by the Town Board as appropriate for such activities. Collateral loan brokers are commonly called pawnbrokers. B. This Local Law is enacted pursuant to the authority granted to the Town by Article 5 of the General Business Law concerning Collateral Loan Brokers and by Article 9 of Town Law concerning Ordinances and Licenses. § 99-2. License Required A. It shall be unlawful for any person, corporation, partnership or other business entity to conduct or carry on the business of collateral loan broker unless a license therefor has been duly issued as herein provided. B. It shall be unlawful for any person, corporation, partnership or other business entity to conduct or carry on the business of collateral loan broker at any location other than that specified in the license issued by the Town of Wappinger. C. Only a person duly licensed as a collateral loan broker pursuant to this Chapter shall be permitted to use the phrase "pawnbroker" in connection with the collateral loan business. § 99-3. Authorization to Issue License; License Fee,• Payment to Town Clerk. A. Pursuant to the authority conferred by General Business Law Article 5, §41, the Town Clerk of the Town of Wappinger is hereby authorized to grant, under his or her hand and the seal of the office, to such citizen or citizens, or aliens lawfully admitted for permanent residence in the United States, as he or she shall deem proper, and who shall produce to him or her satisfactory evidence of their good character, a license to carry on the business of collateral loan broker, provided that such citizen or citizens or lawful aliens desiring said license shall make application for said license to said Town Clerk, submitting the required information in writing and under affidavit together with the license fee required by the Town Fee Schedule set forth at § 122-16. § 99-4. License Application. A. Every person who wishes to engage in business as a collateral loan broker must make written application, under oath on such forms as the Town Clerk shall provide which shall contain the following information: 1. The name, age and address of the applicant, specifying, in the case of any unincorporated association, the names, ages and addresses of each member thereof and, in the case of any business entity, the names, ages and addresses of each officer or member thereof. 2. If the applicant shall employ more than three employees, the applicant shall designate one individual as the manager of the collateral loan broker business in accordance with General Business Law § 41-a. 3. All crimes, if any, of which the applicant or any member thereof has been convicted and, if an unincorporated association, that any officer thereof has been convicted, stating the name, if any, and location of the courts and the dates on which such convictions were had and the penalties imposed therefore. 4. The experience of the applicant as a collateral loan broker, if any. 5. The address of the place from which the collateral loan brokerage business shall be conducted. 6. The applicant must demonstrate that it owns, leases or subleases its business premises by providing a deed if the applicant owns such premises or by providing a copy of the lease or sublease agreement if the applicant leases or subleases such premises. 2 7. Every applicant shall submit a complete current schedule of fees for all services. The schedule of prices to be charged may be revised at any time but shall not be effective until filed with the Town Clerk. 8. Consent in writing that the applicant authorizes the Town to make a request for the applicant's criminal history record from the New York State Division of Criminal Justice Services (DCJS) or approved private company upon a form prescribed by the Town. 9. Two sets of fingerprint cards for all applicants prepared by the State Police, the Dutchess County Sherriff's Department or other entity approved by the Town Clerk to perform fingerprinting for identification processing. 10. Any other relevant information that the Town Clerk may deem necessary B. The application shall be accompanied by a non-refundable application fee as set forth in § 122-16 of the Code and a criminal background investigation fee as required by DCJS:. § 99-5. Criminal Background Check A. The Town Clerk, or his or her designee, shall forward the applicant's fingerprint cards and all applicable fees to DCJS.. B. The criminal history records processed by DCJS shall be submitted to the Town Clerk or his or her designee, for review and consideration of the contents of those records. C. If the information received indicates that there is a pending criminal offense that would require a disqualification, the applicant shall forward documentation to the Town Clerk evidencing the disposition of such offense in accordance with the procedures established by the Town Clerk. D. Upon a determination of disqualification, the Town Clerk or his or her designee shall notify the applicant. Said notice to the applicant shall include information regarding the right to appeal and contest any claimed ground for disqualification in accordance with the procedures established by the Town Clerk. Any challenge to information contained in criminal records provided by DCJS shall be conducted in accordance with the applicable DCJS rules and regulations. § 99-6. Issuance of License A. Upon certification by the Town Clerk that the applicant has complied with all applicable provisions of law, and upon payment of the prescribed fee, the Town Clerk, or his or her agent, shall notify the applicant that the application has been approved. Such notification shall inform the applicant that in order to receive a license an acceptable bond as required by § 99-7 is required to be posted. 3 B. Upon receipt of a bond in acceptable form, the Town Clerk and provided that the application has been approved, the Town Clerk shall issue a license to conduct business as a collateral loan broker. C. All licenses shall be issued for a period of one year and may be renewed in accordance with the provisions of this Chapter annually. D. Each license issued hereunder may not be transferred. E. If the Town Clerk shall deny any application for a license, such denial shall be in writing and state the reasons therefor. Any applicant who shall be denied a license shall have the right to appeal such denial to the Town Board at its next regular meeting. A decision of the Town Board to approve or deny such an application after an appeal to it shall be in writing and entered into the Town Clerk's minutes. Such decision shall be final. § 99-7. Bond A. An approved applicant shall, at the time of receiving such license, file with the Town Clerk a bond payable to the Town of Wappinger, to be executed by the person so licensed and by two (2) responsible sureties, in the penal sum of ten thousand dollars ($10,000.00). Said bond is subject to approval of the Town Clerk. This bond shall be conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed and the observance of all laws and ordinances relating thereto. B. An action on the bond may be instituted by any person aggrieved pursuant to General Business Law § 42. § 99-8. Hours of Operation A. No premises in which the business of a collateral loan broker is conducted, either alone or in connection with some other business, in the Town of Wappinger shall be open except between the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday. 99-9. Permissible Zoning Districts. A. Collateral Loan Brokers shall be permitted to operate only in such Zoning Districts as permitted by Chapter 210 of the Code. § 99-10. Compliance with state law and regulations required. A. A collateral loan broker shall comply with all the provisions of Article 5 of the General Business Law as well as all rules and regulations promulgated by the State Comptroller pursuant to General Business Law § 55 and all applicable provisions of the Town of Wappinger Code. J § 99-11. Record book. A. Every collateral loan broker so licensed as hereinbefore provided shall keep a book in which shall be fairly written, at the time of such loan: 1. an account and description of the goods, articles or things pawned or pledged, 2. the amount of money loaned thereon, 3. the time of pledging the same, 4. the rate of interest to be paid on such loan, and 5. the name and residence of the person pawning or pledging said goods, articles or things. B. The collateral loan broker shall, at the time of each loan, deliver to the person pawning or pledging any goods, articles or things, a memorandum or note signed by him, containing the substance of the entry required to be made in his book, as in this section provided, and no charge shall be made or received by any collateral loan broker for any such entry, memorandum or note. C. Said book shall, at all reasonable times, be open to the inspection of the Town Clerk the State Police, the Dutchess County Sherriff s Department and all other parties authorized by General Business Law § 45. § 99-12. Interest rates; storage and sale of goods. A. Interest rates and other fees charged shall be such as will be allowed under Article 5 of the General Business Law of the State of New York. § 99-13. Notice of Sale, Disposition of Surplus Moneys. A. Notice of every such sale shall be published for at least six (6) days previous thereto in the official newspaper or newspapers printed in the Town of Wappinger, and each such notice shall specify the time and place at which such sale shall take place, the name of the auctioneer by whom the same is to be conducted and a general description of the kind of article to be sold, together with a statement of the inclusive dates of the pawn tickets representing the pledges to be sold. Any person, including the collateral loan broker, may become the purchaser of any or all goods, articles or things to be sold at any such sale. The surplus money, if any, arising from the sale of each article or thing at such sale, after deducting the amount loaned therefor, the interest due thereon and the expenses of the advertising and sale apportionable thereto, shall be paid over by the collateral loan broker to the person who would have been entitled to redeem the same in the event such sale had not taken place. 5 § 99-14. Continuing Education. A. All. collateral loan brokers shall comply with the continuing education requirements of General Business Law § 41-a and proof of such compliance shall be filed with the Town Clerk. B. No license issued under this Chapter shall be renewed unless the continuing education requirements have been completed. § 99-15. Enforcement. A. The Town Clerk, the Building Inspector, the Code Enforcement Officers, the Zoning Administrator and any police officer or peace officer as defined in the New York State Criminal Procedure Law shall have the authority to enforce the provisions of this Chapter. § 99-16. Penalties for offenses. A violation of any provision of this Chapter shall be deemed an offense punishable by: A. a fine as set forth in Chapter 122, Article V, Section 122-20 of the Code for a first offense; B. a fine as set forth in Chapter 122, Article V, Section 122-20 of the Code; C. a fine as set forth in Chapter 122, Article V, Section 122-20 of the Code or a period of imprisonment of not more than 15 days for a third and any subsequent offense. § 99-17. Penalties for state law violations. A. Pursuant to General Business Law § 51, the Town Clerk shall have full power and authority after notice and a hearing before the Town Board to impose fines and penalties of not less than $25 nor more than $100 upon persons offending against any of the provisions of General Business Law Article 5, §§ 42 through 50, and may also suspend or revoke the license of the collateral loan broker willfully violating any of the aforesaid provisions. § 99-18. Revocation of License. A. Any license issued pursuant to this chapter may be revoked by the Town Clerk, due to a violation of this chapter. or Article 5 of the General Business Law, after written notice and an opportunity to be heard. Section -III: Amendment of: Fee and Fine Schedules in Chapter 122 A. Chapter 122, Articles IV § 122-16 "Fee Schedule" is hereby amended to by the addition of the following: 6 F1 "Chapter 99, Collateral Loan Broker. 1. § 99-4(B). Application Fee $250.00" B. Chapter 122, Articles IV § 122-20 "Fine Schedule" is hereby amended to by the addition of the following: 'Chapter 99, Collateral Loan Broker. 1. § 99-16 (A) fine: (a) Minimum: $ 100.00 (b) Maximum: $ 300.00 2. § 99-16 (B) fine: (a) Minimum: $ 200.00 (b) Maximum: $ 500.00 3. § 99-16 (B) fine: (a) Minimum: $ 300.00 (b) Maximum: $1,000.00" Section -IV: Numbering for Codification. It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to `'Chapter," "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section -V: 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 application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger 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 thereof is held inapplicable had been specifically exempt therefrom. Section -VI: Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. M. Town Board Meeting Minutes May 11, 2009 RESOLUTION: 2009-182 Resolution Appointing a Temporary Employee to the Town of Wappinger Senior Center WHEREAS, Kay von Reyn, Recreation Leader of the Town of Wappinger Senior Center, has requested vacation from May 22 through June 11, a total of fourteen business days; and WHEREAS, the Senior Center requires a minimum number of staffing to ensure the ongoing quality of the programs and a safe environment; and WHEREAS, the Senior Center has a staffing compliment of one full-time Recreation Leader, one full-time Recreation Assistant, and one part-time Typist, jointly shared with the Recreation Department; and WHEREAS, the Recreation Leader to the Senior Center has requested authorization to utilize the former Senior Director as a temporary employee at her last employed hourly rate of $21.23 per hour, and at the daily schedule of 4.5 hours per day which reflects the open hours of the Senior Center NOW, THEREFORE, BE IT RESOLVED, that former Senior Center Director Kathi DeLisa is hereby appointed as a temporary employee for the period of May 22 through June 11, at the daily schedule of 4.5 hours and the hourly rate of $21.23, at an amount not to exceed $1,350.00 from Budget Line A7620.100. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-182 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 10 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter R1 ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 21 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 11, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-183 Resolution Drawing on the Letter of Credit Posted in Connection with the Blackwatch Farms Subdivision WHEREAS, Blackwatch Development, LLC, as successor in interest to Robert B. Oswald, has posted a Substitution Performance Agreement dated June 1, 2005, secured by Letter of Credit issued by M&T Bank, in the original sum of Seven Hundred Five Thousand, Six Hundred Eighty -Five Dollars ($705,685.00), which Letter of Credit has been reduced to the principal sum of Two Hundred Forty -Three Thousand Dollars ($243,000.00), pursuant to authorization duly adopted by the Town Board of the Town of Wappinger; and WHEREAS, the aforementioned Letter of Credit issued by M&T Bank, bearing number SB -907772-2000, has been duly extended to May 22, 2010; and WHEREAS, New York State Town Law § 277, as well as the Town Code of the Town of Wappinger requires that the developer of a subdivision guarantee all of the obligations set forth in the Subdivision Regulations, Zoning Code and Highway Specifications; and WHEREAS, the Substitution Performance Agreement secured by the M&T Bank Letter of Credit executed by Blackwatch Development, LLC, and personally guaranteed by John O'Donnell, individually, and James Chirico, individually, guaranteed all of the obligations set forth in the Subdivision Regulations, Zoning Code and Highway Specifications of the Town of Wappinger in connection with the Blackwatch Subdivision; and WHEREAS, certain land was offered for dedication to the Town of Wappinger as a condition of approval for the Blackwatch Subdivision; and WHEREAS, the Town Board has been notified that the real estate taxes on said land has not been paid and the subject land is about to be sold at tax sale by Dutchess County; and WHEREAS, the land is identified by tax grid number 135689-6358-02-785898-0000, Tax Foreclosure Index No. 2007/5320; and WHEREAS, per advice from the Dutchess County Office of the Commissioner and Finance, the unpaid real property taxes total Six Thousand, Nine Hundred Fifty Dollars and 41/100 ($6,950.41), and must be paid to the Dutchess County Commissioner of Finance no later than May 29, 2009; and Town of Wappinger Page 8 Printed 5/2112009 Town Board Meeting Minutes May 11, 2009 WHEREAS, the Town Board wishes to pay these unpaid real estate taxes so as to guarantee acquisition of the lands offered for dedication; and WHEREAS, the Town Board desires to draw on the aforementioned Letter of Credit in an amount sufficient to pay for the unpaid real estate taxes and any related expenses. 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 of the Town of Wappinger hereby authorizes Supervisor Christopher J. Colsey to draw on the Letter of Credit issued by M&T Bank, bearing number SB -907772-2000 in the amount of Seven Thousand, Two Hundred Dollars ($7,200.00) to pay for all unpaid real estate taxes and any related expenses due on the land offered for dedication in connection with the Blackwatch Farms Subdivision, identified by tax grid number 135689-6358-02- 785898-0000, and upon receipt of said funds, to promptly pay said amount to the Dutchess County Office of the Commissioner of Finance to forestall the tax sale of said land. 3. Supervisor Christopher J. Colsey and Attorney to the Town, Albert P. Roberts, are hereby authorized to undertake any work and to execute any documents necessary to draw on the aforementioned Letter of Credit in accordance with the provisions of the Letter of Credit and in accordance with the provisions of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-183 Yes/Aye No/Nay Abstain Absent 0 Adopted Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale William Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 11, 2009 The Resolution is hereby duly declared adopted. RESOLUTION: 2009-184 Resolution Clarifying the Appointment of a Member to the Town of Wappinger Planning Board WHEREAS, a vacancy exists in the Town of Wappinger Planning Board due to a voluntary resignation; and WHEREAS, a majority of the Town Board resolved to appoint Constance O. Smith to the Planning Board through Resolution 2009-155; and WHEREAS, Resolution 2009-155 contained a misstatement in respect to the specific vacancy being filled; and WHEREAS, the Town Board offers this resolution to clarify the appointment of Constance O. Smith to the Town of Wappinger Planning Board to fill the unexpired term of Lori McElduff, which is available due to a voluntary resignation; and WHEREAS, the unexpired term runs to January 1, 2013; and NOW, THEREFORE, BE IT RESOLVED, Resolution 2009-155 is hereby repealed; and BE IT FURTHER RESOLVED, that Constance O. Smith is hereby appointed to the Town of Wappinger Planning Board to fulfill the unexpired term through January 1, 2013. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2009-184 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ 0 ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 11, 2009 The Resolution is hereby duly declared adopted. Town of Wappinger Page 9 Printed 5/21/2009 Town Board Meeting Minutes May 11, 2009 RESOLUTION: 2009-185 Appointing a Member to the Town of Wappinger Planning Board WHEREAS, a vacancy exists in the Town of Wappinger Planning Board due to the expired term of Marsha Leed; and WHEREAS, Marsha Leed has consistently contributed to the deliberations of the Board, maintained her mandated level of annual continuing education, and achieved satisfactory attendance since her appointment to an un -expired term in 2007. NOW, THEREFORE, BE IT RESOLVED, that Marsha Leed is hereby appointed to the Town of Wappinger Planning Board to fulfill the expired term through January 1, 2016. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2009-185 Q Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colsey Voter Q ❑ El El Defeated m WilliaBeale Voter ❑ RI 0 0 ❑ Tabled Vincent Bettina - Voter ❑ Q ❑ 0 ❑ Withdrawn Maureen McCarthy Initiator Q ❑ 0 0 Joseph Paoloni Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 11, 2009 The Resolution is hereby duly declared adopted. VIII. Items for Special Consideration Councilman Paoloni New Business Councilman Paoloni noted that, at the last Town Board Meeting, the Board had previously discussed who would be the Building Department dispatcher in the next term. He understands that a letter went out identifying the subsequent dispatcher to begin in the following 61M term. He explained that a specific name was put in as to who would take over after Sal Morello. He doesn't feel that the Board agreed to that. Councilwoman McCarthy disagreed and said that the Board agreed in concept. Supervisor Colsey disagreed as well. He stated that the Board specifically named a successor. Councilman Paoloni stated that they did not. Supervisor Colsey then said that they did. He went on to say that he took the notes from the Meeting and put a letter into action within 24 hours. Councilwoman McCarthy agreed stating that the Board discussed the rotation to be among the three Code Enforcement Officers. Councilman Bettina agreed that it should rotate among Code Enforcement Officers because they are the ones that are trained and certified in those areas. He then asked the Supervisor how many were considered Code Enforcement. Supervisor Colsey answered that there are five people in that office that have their Code Enforcement certification, but there are only three that are designated as Municipal Code Enforcement Inspector. Councilwoman McCarthy added that one of five employees that have their Code Enforcement designation is working under a different title. Supervisor Colsey clarified that the Councilwoman was referring to the Planning Board secretary. Councilwoman McCarthy went on to say that that employee has resisted doing things outside of her title, because of her title. Supervisor Colsey noted that that was performance issue and recommended that they not get into that. The Councilwoman felt that suggesting that they designate duties beyond the Planning Board secretary's title may be a problem. The three people that are working under the title of Code Enforcement Officers are the only people technically designated as Code Enforcement Officers in the Town. Discussion followed. Councilman Paoloni asked why the others in the Building Department couldn't do the dispatch job. Councilman Beale answered that it is not in their job description. Councilman Paoloni added that it is not in any of their job descriptions. Councilman Beale agreed and went on to say that those people are operating outside of civil service by dispatching work and acting in a Supervisory capacity. In essence, they are the boss that is assigning the work. This is why Councilman Beale voted against this "restructuring". He also noted that they do not have a definitive person in charge in that department and they are looking for people to step up and do it, but it is not necessarily in their job description. Supervisor Colsey reminded Councilman Paoloni that he disagreed with this idea, but within 24 hours, he put out an email memo to the three employees that the position pertains to. He feels that his notes are accurate. Councilman Paoloni replied that the Board never agreed that it would be specifically for Code Enforcement Officers. The Board left with no consensus in his opinion. Discussion followed. Supervisor Colsey recommended that Councilman Paoloni propose a resolution at the next Meeting. Town of Wappinger Page 10 Printed 512112009 Town Board Meeting Minutes May 11, 2009 Councilman Paoloni polled the Board to whether they recall talking about someone specifically taking over as dispatcher on October 1 st. Councilwoman McCarthy doesn't remember a definitive successor. She did note that, if they were going on the "Code Enforcement Officer Only" model, there is only one other person left. Councilman Paoloni replied that they never said they were going on that model. Councilman Bettina clarified that Mr. Morello is currently handing out the work. Supervisor Colsey asked if the Board recalled appointing Mr. Morello. Councilman Paoloni answered that the Board agrees with that, but they did not say that George Kolb was taking over on October 1 st. He then stated that the entire Board remembers that. Supervisor Colsey replied that he does not agree with that. Councilman Beale commented that he remembers saying that this idea was not going to work six months ago. Councilman Paoloni applauded Councilman Beale -on his consistency. Supervisor Colsey asked for clarification as to what the Board would like to do relative to the successor of Mr. Morello. Councilman Bettina recommended putting this off since October is a ways off. Councilman Paoloni agreed with that. Discussion followed. Councilman Beale again noted that the Board is running that department arbitrarily. IX. New Business Councilman Beale New Business Councilman Beale asked the Board to pause from deliberation and remember that, on April 16th, there was a vicious Pitt Bull attack in the Town. A 5 year old boy was attacked by a Pitt Bull in the Town and sustained serious injuries. Councilman Beale wants to make sure that the Town's dog warden is being as aggressive as possible with dogs that are on the loose. Two residents have contacted him with concerns about pit bulls that are loose. The Councilman asked the Board about the duties of and the procedures followed by the dog warden. Supervisor Colsey replied that the dog warden patrols the Town, carries a cell phone and has a telephone in his home. He does work for multiple towns. Councilman Beale wants to make sure that the Town has the ability to be as responsive as possible. He has spoken about this on the radio and has information posted on his website. He also felt that this was worth mentioning at a Town Board Meeting. Councilman Bettina felt that it is unfair to say that every dog is a mean dog. He went on to say that this dog was a family dog and was not just running around the neighborhood. To make one think that the dog was out there randomly wasn't a true statement. Councilman Beale clarified that he just wanted to raise awareness. Councilman Beale then inquired about the orange bags that were filled during the Town wide clean up and why they were not picked up. Supervisor Colsey responded that the bags that are still out there are from a roadside clean up that took place prior to the one that the Town had. Graham Foster offered to call the State DOT to make sure that they will be picked up. Councilman Bettina New Business Councilman Bettina would like to meet with the NYSDOT concerning the speed limit on Chelsea Road. Councilman Bettina then noted that he had a meeting with Town of Fishkill Supervisor, Joan Pagones, about doing an inter -municipal agreement. Councilman Bettina had asked, on behalf of the Town of Wappinger, if the Town of Wappinger residents could use the Fishkill senior center and dog park for a fee. He would like to work on this to help the residents out. Councilman Paoloni asked what the fee would be and if Councilman Bettina was asking that the Town pick up the fee. Councilman Bettina answered that he and Supervisor Pagones discussed having an inter -municipal agreement that would include a fee that would be fair to both parties. He is also suggesting that the Town of Wappinger pick up the fee. Councilman Paoloni suggested a similar agreement could also be done at the proposed Veterans Park Community Center and might be a cheaper alternative to building a center. Councilman Paoloni New Business Councilman Paoloni asked for an update on the Red Hawk Hollow issue. Graham Foster, Highway Superintendent, stated that he went out and looked at it. It is a regular building lot. Councilman Paoloni stated that, if the Town has no use for it, he doesn't see the point in taking ownership of it. Supervisor Colsey mentioned that if the Town did entertain taking the property, Bob Gray, Engineer to the Town, recommended conducting a Phase I environmental study. Councilman Paoloni then discussed the property on Montfort Road that he had discussed at the last Meeting. He asked if the Town had looked into who the insurance broker and banker for that property was. The residents in that area want to start contacting the owners to see what is going on there. Supervisor Colsey replied that a letter was sent out that he may not have gotten yet. Town of Wappinger Page II Printed 5/21/2009 Town Board Meeting Minutes May 11, 2009 X. Town Board Review of Vouchers RESOLUTION: 2009-186 Abstract of Claims 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: Vendor A B DB HN LC LD LH CAMO Pollution $19,611.25 $9,524.00 $17,793.33 $8,491.67 $13,025.00 CAMO Pollution CAMO Pollution Central Hudson Central Hudson $30.03 Central Hudson Central Hudson $324.20 Central Hudson Central Hudson $2,347.72 $68.29 $741.03 $2,129.18 NY Communications Co NY Communications Co $301.00 NY Communications Co $1,340.00 Home Depot Southern Dtch News $68.87 Home Depot Home Depot $34.45 Home Depot $8.47 Postmaster Orkin Pest Control $125.63 Mid Hudson Fasteners $139.60 Bottini Fuel $1,116.50 Bottini Fuel $745.16 $6,751.19 Milton Alley Inc $138.00 Stephen Churchill $80.00 Healthquest $66.00 $60.00 $174.00 Lawson Products $146.04 Sir Speedy $25.80 Brady's Power Equipment $25.78 Eileen Manning Petty Cash Ruge's Part Center $76.82 $50.82 Arkel Motors $326.25 Arkel Motors $981.24 Highland Auto Radiator $825.00 Hudson River Truck Equipmnt $112.00 Village of Wappinger $108.38 Justice Court Fund $33,369.50 Tilcon New York $815.80 Tilcon New York $561.93 Staples $140.12 Staples $81.40 Staples $312.15 Zee Medical $77.43 Wells Fargo Financial $325.59 Lithography By Design $3,953.91 Gellert & Klein $1,023.00 Van Kleeck's Tire $430.28 Community Energy $1.71 $42.45 $125.62 Cornerstone $754.94 $117.88 Cornerstone $125.00 Interstate Refrige Recov $378.00 De Lage Landen Financial $373.52 $369.52 W.B. Mason $699.86 Duality $2,061.25 $97.50 All State Morris Associates $6,785.34 $2,433.50 $1,195.60 Morris Associates $10,392.37 $4,359.00 $4,402.00 Stormwater Management $1,100.00 Stormwater Management Hudson River Vly Tours $980.00 Taylor Recycling $1,446.40 United Rentals $795.63 Verizon -NCO Financial $295.51 Quality Communications $2,300.00 Totals $65,105.34 $13,657.6 $18,873.5 $1,446.40 $70.00 $783.48 $2,254.80 1 3 Vendor SF SI SM SR SV SW CAMO Pollution $7,899.58 $19,611.25 $9,524.00 $17,793.33 $8,491.67 $13,025.00 CAMO Pollution Central Hudson Central Hudson Central Hudson NY Communications Co NY Communications Co Southern Dtch News Home Depot Home Depot Town of Wappinger Page 12 Printed 5/2112009 Town Bi )ard Meeting Minutes May 11, 2009 Postmaster Orkin Pest Control Mid Hudson Fasteners Bottini Fuel Bottini Fuel Milton Alley Inc Stephen Churchill Healthquest Lawson Products Sir Speedy Brady's Power Equipment Eileen Manning Petty Cash Ruge's Part Center Arkel Motors Arkel Motors Highland Auto Radiator Hudson River Truck Equipmnt Village of Wappinger Justice Court Fund Tilcon New York Tilcon New York Staples Staples Staples Zee Medical Wells Fargo Financial Lithography By Design Gellert & Klein Van Kleeck's Tire Community Energy Cornerstone Cornerstone Interstate Refrige Recov De Lage Landen Financial W.B. Mason Duality All State Morris Associates Morris Associates Stormwater Management Stormwater Management Hudson River Vly Tours Taylor Recycling United Rentals Verizon -NCO Financial Qualitv Communications Totals 1 $7,899.58 1 $19,611.25 1 $9,524.00 1 $17,793.33 1 $8,491.67 1 $13,025.00 R Vendor T14 T92 T33 WF WH WT Wu CAMO Pollution CAMO Pollution $2,203.25 $1,583.33 $2,877.75 $64,579.17 Central Hudson Central Hudson Central Hudson NY Communications Co NY Communications Co Southern Dtch News Home Depot Home Depot Postmaster $1,474.00 Orkin Pest Control Mid Hudson Fasteners Bottini Fuel Bottini Fuel Milton Alley Inc Stephen Churchill Healthquest Lawson Products Sir Speedy Brady's Power Equipment Eileen Manning Petty Cash $400.00 Ruge's Part Center Arkel Motors Arkel Motors Highland Auto Radiator Hudson River Truck Equipmnt Village of Wappinger Justice Court Fund Tilcon New York $820.83 Tilcon New York Staples Staples Staples Zee Medical Wells Fargo Financial Lithography By Design Town of Wappinger Page 13 Printed 5/2112009 i Town Board Meeting Minutes Gellert & Klein Van Kleeck's Tire RI Adopted Community Energy Yes/Aye No/Nay Abstain Cornerstone ❑ Adopted as Amended Christopher Colsey Voter Cornerstone ❑ ❑ ❑ Interstate Refrige Recov William Beale Seconder EI De Lage Landen Financial ❑ ❑ ❑ Tabled W.B. Mason Voter 21 ❑ Duality ❑ ❑ Withdrawn Maureen McCarthy All State $1,069.96 0 ❑ Morris Associates $1,878.20 Voter Morris Associates 0 $1,927.00 0 Stormwater Management Stormwater Management $875.00 Hudson River Vly Tours Taylor Recycling United Rentals Verizon -NCO Financial Quality Communications Totals $1,069.96 $4,680.20 $400.00 The foregoing was put to a vote which resulted as follows: 25 1 $1,583.33 1 $2,877.75 May 11, 2009 $2,382.50 ✓ Vote Record - Resolution RES -2009-186 RI Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter R1 ❑ ❑ ❑ ❑ Defeated William Beale Seconder EI ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 21 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 2 0 ❑ 0 Joseph Paoloni Voter EI 0 0 0 Dated: Wappingers Falls, New York May 11, 2009 The Resolution is hereby duly declared adopted. XI. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni The meeting adjourned at 9:29 PM. ohn C. Masterson Town Clerk 56.50 I Town of Wappinger Page 14 Printed 5/2112009 9