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2005-03-28 RGMMonday, March 28, 2005 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items Receipt and Approval of Minutes December 13, 2004 Workshop December 20, 2004 Reorganization Meeting January 24, 2005 Regular Meeting February 14, 2005 Workshop Correspondence Log 2005CL-206 to 2005CL-240 Discussions Crest Estates Senior Housing — Enrico Scardo Apprenticeship Local Law — Al Roberts and Todd Diorio Hobbit Farms Proposed Conservation Easement — David Stoleman and Jean Radice Widmer Road Rehabilitation — Graham Foster and Jay Paggi Highway Generator and Fuel Tank — Graham Foster and Eric Fellenzer Resolutions: 2005-27 Resolution Authorizing Attendance to Conference for Code Enforcement Officers 2005-28 Resolution Authorizing Highway to Advertise for Bids 2005-29 Resolution Authorizing Removal of Ten Parcels fiom WST/TI 2005-30 Resolution Authorizing Town Clerk to Attend Conference 2005-31 Resolution Authorizing Change Order #1 for 99-2R Contract 8 2005-32 Resolution Accepting Bids for Porta Johns 2005-33 Resolution Authorizing Supervisor to Sign Little League Contract 2005-34 Resolution Introducing Local Law for Apprenticeship Programs 2005-35 Resolution Authorizing Menconeri Escrow Refund 2005-36 Resolution of Support for Wappinger Creek Greenway Trail Footbridge Proj ect 2005-37 Resolution Adopting Official Road Map of the Town of Wappinger 2005-38 Resolution Accepting A Performance Agreement Secured by a Letter of Credit and/or Surety 2005-39 Resolution Authorizing Bond for Widmer Road Rehabilitation 2005-40 Resolution Authorizing Approval for Vacation for John Youngman 2005-41 Hold 2005-42 Resolution Authorizing Execution of Contract for Design of Fuel Storage Tank 2005-43 Resolution Authorizing Execution of Contract for Design of Emergency Electrical Generator System 2005-44 Resolution Granting a Revocable License to the Sports Museum of Dutchess County Subject to Permissive Referendum 2005-45 Resolution Authorizing Litigation Against Agway Energy Products 2005-46 Resolution Accepting Correspondence Log Unanimous Consent 2005-47 Resolution Authorizing Emergency Repairs to Ceiling in Town Hall Meeting Room New Business/Comments Executive Session Loewen Development —v- Town of Wappinger Adjournment 03/28/2005.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on March 28, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Bettina moved to suspend the rules for purposes of public comment on agenda items seconded by Councilwoman McCarthy and unanimously carried. Mario Johnson of the Builders Association of the Hudson Valley was recognized by the Town Board. Mr. Johnson had some issues regarding the proposed Apprenticeship Local Law that was scheduled for tonight's agenda. He had some concerns due to the low threshold of $20,000 for this type of agreement, and feels this is a form of red tape. He said that several critics of construction apprentice programs said these municipal agreements exclude non-union members, and affect non-union members and minority groups. He wanted these issues addressed tonight. Councilman Bettina moved to reinstate the rules, seconded by Councilman Paoloni and unanimously carried. RECEIPT & APPROVAL OF MINUTES The Minutes of the Workshop Meeting of December 13, 2004, Reorganization Meeting of December 20, 2004, Town Board Meeting of January 24, 2005, and Workshop Meeting of February 14, 2005, having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilwoman McCarthy moved to accept the above stated Minutes as submitted by the Town Clerk, seconded by Councilman Bettina and unanimously carried CORRESPONDENCE LOG 2005CL-206 to -200CL-240 (See attached sheets) DISCUSSIONS: • Crest Estates Senior Housing— Attorney Jon Adams announced that he represents Crest Group Estates which proposes to build Senior 03/28/2005.RGM Citizen Housing on the Hunt parcel site off Route 376. His client, Enrico Scardo is proposing to rezone this parcel to RM -5. It will be for conventional senior housing. Mr. Adams introduced his client, Mr. Scardo who gave a brief presentation on the proposed project. The project would consist of approximately 150 units. Each unit would consist of 1,800 square feet and offer many amenities such as garages, fireplaces, tennis courts, pool and clubhouse. The interior roads would be private and the facilities would be managed by an HOA. They are not in a water or sewer district, but are proposing a sewage treatment plant on the property. They do understand that there is a limited water capacity and it would be up to the Town Board whether to allocate it or not. Discussion followed • Apprenticeship Local Law—Sam Fratto, Vice President of the Hudson Valley Building Trades Council went over the merits of supporting the apprenticeship law which would require contractors and sub- contractors to have approved apprenticeship agreements. One of the reasons this law was able to pass through the senate, and signed by the Governor, was the apprenticeship programs that are in use in New York State are approved and run by the state government through the department of education. This program gives high school seniors who may not be planning further education to get into a career. It combines supervised on-the-job training experience with classroom instruction. As an example, the apprenticeship program for the electricians union is five years. This program is open to anyone living in the Hudson Valley. A fact that should be noted is there are more non-union apprenticeship programs than union ones. In answer to Mr. Johnson's question at the start of the meeting, Supervisor Ruggiero explained in regard to the $20,000 threshold. We pulled the local laws from various towns around us. In the Town of Fishkill there is no threshold, and in the Town of Poughkeepsie they show $75,000 as their limit and exempted road work and sidewalks. In the City of Poughkeepsie there is no threshold. We chose a $20,000 threshold because when we go out to public bid we want to be assured of craftsmanship and quality work. Discussion followed • Hobbit Farms Proposed Conservation Easement— David Stoleman and Jean Radice. Jean Radice the owner of Hobbit Farms has expressed interest in selling the development rights of her farm under the New York State Farmland Protection Program in order to keep the property and save her farm. She has applied to Scenic Hudson and 2 03/28/2005.RGM they will only assist if the town is in the Farmland Protection Program. David Stolemen, Town Planner informed the Board that Jean received a letter from, Dutchess County Farmland Protection stating they had no funds to purchase development rights, and did not know when the deadline for the next round would be. The State has so far announced such deadlines on an irregular basis and we don't know when there will be additional funding even if the town wanted to make an application. Discussion followed. • Widmer Road Rehabilitation— Graham Foster & Jay Paggi—Mr. Paggi explained what would work would be done to reconstruct Widmer Road, the amount of materials that would be used and that the road will have a useful life of a minimum of fifteen (15 years). The total construction costs for the project, utilizing State and County Bids and force account labor, is estimated to be around $500,000. Soft costs will be held to a minimum as there will be no necessity of preparing formal bidding documents and supervising the construction which would be done by Mr. Foster and his department. Discussion followed. • Highway Generator & Fuel Tank—Graham Foster & Eric Fellenzer. Mr. Fellenzer went over the necessary upgrades and improvements to the existing fuel oil tanks in order to meet the New York State Department of Environmental Conservation requirements. Mr. Foster went on to explain the need for a back up generator for the Highway Garage in the event of power failure RESOLUTION NO. 2005-027 RESOLUTION AUTHORIZING CODE ENFORCEMENT OFFICIALS TO ATTEND CONFERENCE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the Town Board received a letter by Mark Liebermann, Fire Inspector, dated February 14, 2005, a copy of which is attached hereto, requesting authorization to allow Mark Liebermann, Fire Inspector, George Kolb, Building Inspector, Richard Travis, Deputy Building Inspector, and Susan Dao, Deputy Zoning Administrator to attend the Annual Hudson Valley Code Enforcement Officials Educational Conference on April 20, 21, 22 in Poughkeepsie, New York. NOW, THEREFORE, BE IT RESOLVED, that Mark Liebermann, Fire Inspector, George Kolb, Building Inspector, Richard Travis, Deputy Zoning Administrator, are hereby authorized to attend the Hudson Valley Code 3 03/28/2005.RGM Enforcement Officials Educational Conference on April 20, 21,22 in Poughkeepsie, New York, at a cost not to exceed Five -Hundred and Forty and 00/100 ($540.00), and BE IT FURTHER RESOLVED, Susan Dao, Deputy Zoning Administrator, is hereby authorized to attend the Hudson Valley Code Enforcement Officials Educational Conference, in Poughkeepsie New York, for one day, at a cost not _ to exceed Ninety and 00/100 ($90.00). The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION 2005-028 AUTHORIZING HIGHWAY DEPARTMENT TO GO TO BID FOR SUPPLIES AND SERVICES The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, Graham Foster, Highway Superintendent, has requested in his letter dated February 3, 2005, a copy of which is attached hereto, permission too out to bid on various supplies and services. g PP NOW, THEREFORE, BE IT RESOLVED, Graham Foster, Highway Superintendent, has been authorized to advertise to go out to bid for various supplies and services. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-29 ORDER CALLING PUBLIC HEARING IN THE MATTER OF REMOVING PARCELS FROM THE WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA PHASES 1 & 2 & PHASE 3A The following Resolution was offered by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town of Wappinger previously created the Wappinger Sewer Transmission/ Treatment Area — Phases 1 & 2 and Phase 3A; and 4 03/28/2005.RGM WHEREAS, the Town Board has determined that ten parcels originally included in the Wappinger Sewer Transmission/ Treatment Improvement Areas - Phases 1 & 2 and Phase 3A will be unable to receive sewer services from said Improvement Area; and WHEREAS, there is no statutory mechanism to remove a parcel from an Article 12(c) Improvement Area once the Improvement Area has been established; and WHEREAS, the Town Board has requested and has obtained Special Legislation to remove these parcels from the Wappinger Sewer Transmission/ Treatment Improvement Area — Phases 1 & 2 and Phase 3A; and WHEREAS, Senate Bill No. S7020 and Assembly Bill No. A11034 were previously introduced into the New York State Legislature for the purpose of introducing legislation to authorize the removal of the parcels; and WHEREAS, on October 19, 2004, New York State Governor Pataki executed S7020 and A11034 into law (Chapter 614 of the Laws of 2004) which authorizes the Town of Wappinger to remove the subject ten parcels of land from the Wappinger Sewer Transmission/Treatment Improvement Area — Phases 1 & 2 and Phase 3A, effective as of January 1, 2002, permitting refunds to the affected property owners for any benefit assessment paid after January 1, 2002; and WHEREAS, the parcels to be removed are identified in Schedule "1" attached hereto; and WHEREAS, the attorney to the Town has reported that several of the parcels have been sold since January 1, 2002; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The Town Board hereby determines that the proposed removal of parcels from the Wappinger Sewer Transmission/Treatment Improvement Area — Phases 1 & 2 and Phase 3A 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 Part 617. 5 03/28/2005.RGM 3. The Town Board hereby schedules a meeting of the Town Board to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York in said Town, on the 25th day of April, 2005 at 7:30 o'clock p.m. prevailing time, for the purposes of holding a public hearing on the proposed removal of ten parcels of property from the Wappinger Sewer Transmission/Treatment Improvement Area — Phases 1 & 2 and Phase 3A, and to hear all persons interested in the subject matter thereof and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. The ten parcels to be removed are described on the Town of Wappinger tax rolls as follows: 6257-04-983499; 6257-04-984486; 6257-04-984472; 6257-04-984458; 6257-04-983444; 6257-04-998401; 6257-04-980415; 6257-04-984429; 6357-03-040454; a portion of parcel 6257-04-863284; and more particularly described as follows: BEGINNING at a point on the westerly side of County Route 94 (aka All Angels Hill Road), said point being the northeasterly corner of the herein described parcel and the southeasterly corner of the lands now or formerly James E. Heady and Eileen P. Heady as described in Liber 985 of Deeds at Page 126, thence along the westerly side of County Route 94 S11°40'00"E 94.74 feet, S08020'00"E 125.70 feet S09035'OOE 300.47 feet, S08°17'52"E 114.43 feet, S08019'46"E 141.72 feet and S08002'27"E 166.53 feet to southeasterly corner of the herein described parcel and the northeasterly corner of the lands now or formerly Carol G. White as described in Liber 1911 of Deeds at Page 6, thence along lands of White S71°43'08"W 251.13 feet, and S18°16'52"E 215.00 to a point, thence along lands now or formerly Dahlin described in Liber 730 of Deeds at Page 273, Lagreca Liber 1670 of Deeds at Page 765, Skora Liber 1366 of Deeds at Page 910, McCoart Liber 1918 of Deeds at Page 117, Giangaspro Liber 874 of Deeds at Page 175, Dibiase Liber 976 of Deeds at Page 192 and Gelbart and Taubenblatt Liber 1597 of Deeds at Page 100, S71049'23"W 474.67 feet, S71023'48"W 495.21 feet, S71020'26"W 415.47 feet and S71004'26"W 159.40 feet the southwesterly corner of the herein described parcel, thence N12°16' 19"W 825.21 feet to a point, thence through lands of Meadowwood Development Corp N70058'36"E 822.25 feet, N28015'51"E 339.82 feet, N14045'21"E 407.51 to the northwesterly corner of the herein described parcel and the southwesterly corner of the lands now or formerly Heady as described in Liber 985 of Deeds at Page 126, thence along the lands of Heady S83°15'40"E 527.00 feet and S89041'40"E 98.00 feet to the point or place of beginning, presently included in said district. 4. The Town Clerk is hereby authorized and directed to cause a copy of this Order Calling Public Hearing to be published once in the Poughkeepsie Journal and once in the Southern Dutchess News, official newspapers of the Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as 0 03/28/2005.RGM aforesaid, and the Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, and to send, by first class mail, a copy thereof to each owner of the parcels identified above, each not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid. The Town Clerk is further directed to send a copy of this Order Calling Public Hearing to any owners of the above mentioned parcels that have been in title from January 1, 2002 to present. The Town Clerk shall send copies of the Order Calling Public Hearing to the above -referenced parties at the addresses on file in the Town Assessor's office. 5. The Town Board further determines with respect to any of those parcels that have been sold since January 1, 2002 that refunds of any benefit assessments levied by or on behalf of the Wappinger Sewer Transmission/ Treatment Improvement Area — Phases 1 & 2 and Phase 3A on or after January 1, 2002 shall be refunded to the property owners that paid same, and said refund shall be pro -rated and adjusted among and between the various owners of those parcels based on their respective period of ownership since January 1, 2002. 6. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Order was thereupon declared duly adopted RESOLUTION NO. 2005-030 RESOLUTION AUTHORIZING TOWN CLERK TO ATTEND CONFERENCE The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town Board has received a letter from Gloria Morse, Town Clerk, dated February 16, 2005, a copy of which is attached hereto, to attend the New York State Town Clerks Conference in Buffalo, New York on April 17, 18, 19, 20, 2005. NOW, THEREFORE, BE IT RESOLVED, that Gloria Morse, Town Clerk is hereby authorized to attend the New York State Town Clerk Association's Conference, in Buffalo, New York on April 17, 18, 19, 20, 2005 at a cost not to exceed Five Hundred Seventy Nine and 00/100. 7 03/28/2005.RGM The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION 2005-031 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 FOR WAPPINGER WATER IMPROVEMENT 99-2 (R)-8 The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Engineers to the Town, Paggi, Martin & Del Bene have approved Change Order No. 1 for Wappinger Water Improvement 99-2(R)-8 for installation of line stop shut off to one of the water mains, as per a letter dated February 22, 2005, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves completion change order No. 1 to Wappinger Water Improvement 99-2(R)-8, for installation of line shut off in the amount of Five Thousand Two Hundred Sixty One and 17/100 ($5,261.17) for the reasons set forth in the letter dated February 22, 2005, from Joseph E. Stankavage of Paggi, Martin & DelBene to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-032 RESOLUTION AUTHORIZING PURCHASE ORDER FOR PORTA JOHNS The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy WHEREAS, the Recreation Committee has requested a purchase order for rental of PortaJohns, and WHEREAS, the Recreation Commission received bids as follows: SCHEDULE "1" Tax Grid No.: 6257-04-983499 Property Address: 339 All Angels Hill Road Current Owner: VJM Properties Corp., 15 Orchard Court, Brewster, NY 10509 Prior Owner 1: Ilyas Shareef, 36 Mina Drive, Wappingers Falls, NY 12590 Shabana Moeed: 407 Foxborough Trail, Bolingbrook, IL 60440 Prior Owner 2: JDRN Realty, Inc., 2789 West Main Street, Wappingers Falls, NY 12590 Tax Grid No.: 6257-04-984486 Property Address: 341 All Angels Hill Road Current Owner: Ilyas Shareef and Aisha Shareef, 36 Mina Drive, Wappingers Falls, NY 12590 Prior Owner 1: Ilyas Shareef, 36 Mina Drive, Wappingers Falls, NY 12590 Shabana Moeed: 407 Foxborough Trail, Bolingbrook, IL 60440 Prior Owner 2: JDRN Realty, Inc., 2789 West Main Street, Wappingers Falls, NY 12590 Tax Grid No.: 6257-04-984472 Property Address: 347 All Angels Hill Road Current Owner: David Day and Christina Day, 347 All Angels Hill Road, Wappingers Falls, NY 12590 Prior Owner 1: JDRN Realty, Inc., 2789 West Main Street, Wappingers Falls, New York 12590 Tax Grid No.: 6257-04-984458 Property Address: All Angels Hill Road Current Owner: Cammary Builders, Inc., 53 Verplanck Avenue, Hopewell Junction, New York 12533 Prior Owner 1: LS Building Group, LLC, 10 Kenneth Drive, Putnam Valley, New York 10579 Prior Owner 2: JDRN Realty, Inc., 2789 West Main Street, Wappingers Falls, NY 12590 Tax Grid No.: 6257-04-983444 Property Address: 355 All Angels Hill Road Current Owner: Suzette Profanato, 355 All Angels Road, Wappingers Falls, NY 12590 Prior Owner: James Profanato and Suzette Profanato, 355 All Angels Road, Wappingers Falls, NY 12590 O:\Wappinger\TriMunA\RemovalLegislation\Resolution.doc Tax Grid No.: 6257-04-998401 Property Address: 361 All Angels Hill Road Current Owner: Christopher D. and Maria T. Rigby, 361 All Angels Hill Road, Wappingers Falls, NY 12590 Prior Owner 1: Mark R. Maxam, 42 Middlebush Rd, Wappingers Falls, NY 12590 Prior Owner 2: Sara Murdoch f/k/a Sara Murdoch Maxam, 890 Boston Post Road, Rye, New York 10580 Prior Owner 2: William T. Parsons and Helen S. Parsons Prior Owner 4: 224 Myers Corners Road, Wappingers Falls, NY 12590 Prior Owner 3: Meadowood Development Corp., 1131 Route 55, P.O. Box 37, LaGrangeville, NY 12540 Tax Grid No.: 6257-04-980415 Property Address: 359 All Angels Hill Road Current Owner: O Sung Kwon and Hyo Jung, 359 All Angels Road, Wappingers Falls, NY 12590 Prior Owner 1: Chan Lim, 359 All Angels Hill Road, Wappingers Falls, NY 12590 Prior Owner 2: MNB Realty Development Corp., 56 Forest Glen Road, Valley Cottage, New York 10989 Prior Owner 3: Ljulija Berishaj, 56 Forest Glen Road, Valley Cottage, New York 10989 Prior Owner 4: William T. Parsons and Helen S. Parsons, 224 Myers Corners Road, Wappingers Falls, NY 12590 Tax Grid No.: 6257-04-984429 Property Address: All Angels Hill Road Current Owner: Katrina Djonovic (prior address: 56 Forest Glen Road, Valley Cottage, NY) Prior Owner 1: William T. Parsons and Helen S. Parsons, 224 Myers Corners Road, Wappingers Falls, NY 12590 Tax Grid No.: 6357-03-040454 Property Address: 469 Old Hopewell Road Current Owner: Meadowood Investors, LLC, c/o Myers & Rieger Homes, P.O. Box 310, LaGrangeville, NY 12540 Prior Owner: Meadowood Development Corp., 1131 Route 55, P.O. Box 37, LaGrangeville, NY 12540 Tax Grid No.: 6257-04-863284 (portion of this grid no.) Property Address: All Angels Hill Road Current Owner: O'Donnell Group, LLC, 218 Van Wyck Lake Road, Fishkill, NY, 12524 Prior Owner 1: Meadowood Investors, LLC, c/o Myers & Rieger Homes, P.O. Box 310, LaGrangeville, NY 12540 Prior Owner2: Meadowood Development Corp., 1131 Route 55, P.O. Box 37, LaGrangeville, NY 12540 O:\W appinger\TriMunA\RemovalLegislation\Resolution.doc Regular Units Handicap Units Superior Sanitation $79.00 a month 03/28/2005.RGM Total for Year $124.00 a month $6,589.00 EnviroClean Porta Potty $100.00 a month $100.00 a month $7,500.00 M&O Sanitation $100.00 a month $140.00 a month $8,020.00 Jones Septic No Reply WHEREAS, the Recreation Committee has requested a purchase order in the amount of Six -Thousand Five Hundred Eighty Nine and 00/100 ($6,589.00) to Superior Sanitation. 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. A purchase order is hereby authorized in the amount of Six - Thousand Five Hundred Eighty Nine dollars and 00/100 ($6,589.00) payable to Superior Sanitation from Account A- 7110.404, and B-7310.409 in accordance with a memo dated January 20, 2005 from Ralph Holt, Chairman to the Recreation Commission. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-033 RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER LITTLE LEAGUE The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Town of Wappinger Little League Association provide softball and baseball activities for the boys and girls of the community in accordance with the proposed Agreement between the Town of Wappinger and Town of Wappinger Little League Association; and WHEREAS, the Town has fully complied with its procurement policy with respect to its Eight Thousand Dollar ($8,000.00) agreement between the parties and further finds that pursuant to Town Code §46-3 (b) (3), the 9 03/28/2005.RGM agreement between the parties shall be exempt from the Town procurement policy and may be properly classified as one of the "sole source situations". NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby agrees to enter into a written Agreement for Eight Thousand Dollars ($8,000.00) between the Town of Wappinger and Town of Wappinger Little League Association which will provide softball and baseball activities for the boys and girls of the Town of Wappinger for the 2005 baseball season. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of the Town the Agreement between the Town of Wappinger and Town of Wappinger Little League Association in substantially the same form as attached hereto, including the attached Rider to Agreement, copies of which are affixed hereto. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-34 RESOLUTION AUTHORIZING THE INTRODUCTION OF A LOCAL LAW ENTITLED "LOCAL LAW NO. _ OF THE YEAR 2005, APPRENTICESHIP TRAINING PROGRAMS FOR TOWN CONSTRUCTION CONTRACTS" The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town of Wappinger recognizes the merits of supporting and utilizing construction Apprenticeship Programs in the State of New York; and WHEREAS, hundreds of High School and College graduates within Dutchess County have been trained in Apprenticeship Training Programs approved by New York State Department of Law; and WHEREAS, the aforementioned Apprenticeship Training Programs are available to both union and non-union members and include graduates from every High School within Dutchess County; and WHEREAS, current State Law does not compel, but authorizes, any governmental entity that is a party to a construction contract to require contractors and/or subcontractors to participate in apprenticeship training programs approved by the State Commissioner of Labor; and 10 03/28/2005.RGM WHEREAS, there is a long and productive history of partnership between labor and management for the training of skilled craft workers in the State of New York which began over fifty (50) years ago when the US Congress passed the Fitzgerald Act (29 USC Section 50) to encourage States to develop apprenticeship training programs; and WHEREAS, the New York State Legislature adopted Article 23 of the New York Labor Law in 1961 to authorize the State Commissioner of Labor to develop standards for apprenticeship training and a process for certifying programs which meet said standards; and WHEREAS, the promotion of apprenticeship training programs will expand the pool of skilled workers in the Town of Wappinger by providing many residents the means to earn a decent living thereby fostering the local and regional economies; and WHEREAS, New York State Legislature adopted §816-b of the Labor Law, effective December 19, 2001, which authorizes a governmental entity which is to be a direct or indirect party to a construction contract to require contractors and/or subcontractors to have apprenticeship agreements that have been registered with and approved by the New York State Commissioner of Labor. 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 introduces for adoption Local Law No. of 2005 entitled "Local Law No. _ of the Year 2005, Apprenticeship Training Programs for Town Construction Contracts" in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and Section 117 of the Code of the Town of Wappinger, not requiring environmental review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA). 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No._ of 2005 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 25th day of April, 2005, at 7: 30 P.M., and the Town Clerk is directed to post and publish the Notice of Public Hearing, as required by law, in the form annexed hereto. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye 11 03/28/2005.RGM Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-035 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FOR EIGHTY SOUTH MESIER AVENUE The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, on or about October 22, 2003 Mr. Raymond Menconeri deposited Three Thousand Seven Hundred Fifty and 00/100 ($3,750.00) with the Town of Wappinger WHEREAS, Mr. Raymond Menconeri has requested a refund in the amount of One Thousand Three Hundred Thirty Three and 25/100 ($1,333.25), and has been recommended by Tatiana Lukianoff, Zoning Administrator in letter dated March 21, 2005 to the Town of Wappinger Town Board. 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. Payment is approved in the amount of One Thousand Three Hundred Thirty Three and 25/100 dollars ($1,333.25) made payable to. Mr. Raymond Menconeri Account Number 6259-03-488062, for the refund of the unused escrow deposited for the property located at 80 South Mesier Avenue. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION 2005-036 RESOLUTION OF SUPPORT FOR WAPPINGER CREEK GREENWAY TRAIL FOOTBRIDGE The following Resolution was introduced by Councilman Valdati and seconded by Councilman McCarthy. WHEREAS, the Town of Poughkeepsie is applying to the Hudson River Valley Greenway for a grant under the 2005 Greenway Conservancy for the Hudson River Valley Annual Grant Program for a project entitled Wappingers Creek Greenway Trail Footbridge Project to be located in Town of Poughkeepsie. `m 03/28/2005.RGM WHEREAS, the Town of Wappingers is supportive of this project as it will improve the Wappinger Creek Greenway Trail system, a segment of the Hudson River Greenway Trail System. NOW, THEREFORE, be it resolved that the Town Board of the Town of Wappinger hereby does approve and endorse the application for a grant under the 2005 Greenway Conservancy for the Hudson River Valley Annual Grant Program, for a project known as Wappingers Creek Greenway Trail Footbridge Project located within the Town of Poughkeepsie. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-37 RESOLUTION ACCEPTING THE OFFICIAL TOWN ROAD MAP The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Engineers to the Town of Wappinger, Paggi, Martin & DelBene, LLP submitted an official Town Road Map dated May 2004, last revised February 28, 2005. 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 adopts the map entitled "Town Road Map, Town of Wappinger" dated May 2004, last revised February 28, 2005 as prepared by the Engineers to the Town of Wappinger, Paggi, Martin & DelBene, LLP as the official Road Map of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-38 RESOLUTION AUTHORIZING THE SUBSTITUTION OF A LETTER OF CREDIT FOR A CASH DEPOSIT POSTED IN CONNECTION WITH THE KEENAN ACRES SUBDIVISION 13 03/28/2005.RGM The following Resolution was introduced by Councilman Valdati and seconded by Supervisor Ruggiero WHEREAS, the Town of Wappinger has previously accepted a Performance Agreement secured by a cash deposit posted by Mid Hudson Development Corp. in connection with the subdivision known as Keenan Acres Subdivision; and WHEREAS, Mid Hudson Development Corp. has requested that the cash deposit, originally in the amount of $390,233.00 and now reduced to the sum of $158,506.00 be replaced by a letter of credit issued by the Rhinebeck Savings Bank on the account of Mid Hudson Development Corp. and issued in favor of the Town of Wappinger in the sum of $158,506.00, and WHEREAS, the form of the Letter of Credit has been approved by the attorney to the Town of Wappinger, 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 the substitution of a Letter of Credit issued by the Rhinebeck Savings Bank bearing LC No. 20503011, a copy of which is attached hereto, drawn on the account of Mid Hudson Development Corporation and issued in favor of the Town of Wappinger in the aggregate amount not to exceed $158,506.00 as replacement for the cash deposit posted as security for the Performance Agreement previously posted by Mid Hudson Development Corp in connection with Keenan Acres Subdivision. 3. Upon adoption of this Resolution and upon receipt of the original Letter of Credit above referenced, the Town Supervisor is hereby authorized to release the cash deposit of equal sum currently being held by the Town of Wappinger to Mid Hudson Development Corporation. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-39 RESOLUTION AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION AND 14 03/28/2005.RGM RESURFACING OF WIDMER ROAD FROM ALL ANGELS HILL ROAD TO NEW HACKENSACK ROAD IN AND FOR SAID TOWN The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Sectionl. For the specific object or purpose of paying the cost of the reconstruction and resurfacing of Widmer Road from All Angels Hill Road to New Hackensack Road, in and for the Town of Wappinger, Dutchess County, New York, including incidental grinding, drainage, sewage and water work and incidental costs and expenses in connection therewith, there are hereby authorized to be issued $500,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $500,000, and the plan for the financing thereof is by the issuance of the $500,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 20(c) of paragraph a of section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due 15 03/28/2005.RGM and payable. An annul appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess, County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, he shall comply fully the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from the registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such 16 03/28/2005.RGM recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 — 2. Other than as specified in this resolution, no monies are or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. Upon this resolution taking effect, the same shall be published in full in the Southern Dutchess News, and the Poughkeepsie Journal, the official newspapers, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to a permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the forgoing resolution was duly put to a vote on roll call, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-040 RESOLUTION AUTHORIZING APPROVAL FOR VACATION FOR JOHN YOUNGMAN The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, Ralph Holt, Chairman of the Recreation Committee in reference to his letter dated March 17, 2005, a copy of which is attached hereto, has recommended that the Town of Wappinger Town Board grant John Fred Youngman to take twenty three days of consecutive vacation time, and 17 03/28/2005.RGM WHEREAS, in accordance with the Town of Wappinger employee manual that mandates that all employees wanting to take three or more weeks of vacation time must be approved by the Town Board and recommended by their department head. NOW, THEREFORE, BE IT RESOLVED, as follows: In accordance with the letter dated March 17, 2005 by Ralph Holt, Recreation Chairman, the Town Board grants John Fred Youngman twenty days of paid and three days non -paid vacation starting April 11, 2005 through May 11, 2005. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-42 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR DESIGN OF FUEL STORAGE TANK The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy WHEREAS, Eric D. Fellenzer, P.E. of Fellenzer Engineering, LLP submitted a letter dated June 16, 2004 to Graham Foster, Highway Superintendent detailing necessary upgrades and improvements to the existing fuel oil tanks within an estimated cost of One Hundred and Fifty Thousand Dollars ($150,000) located at the Town Hall and Highway Garage Facility to meet the New York State Department of Environmental Conservation requirements, a copy of said letter is attached hereto as Schedule "A"; and WHEREAS, Eric D. Fellenzer, P.E. of Fellenzer Engineering, LLP submitted a proposed contract dated February 10, 2005 to Joseph Ruggiero, Town Supervisor, totaling Eleven Thousand, Two Hundred Dollars ($11,200) detailing a proposal to perform engineering services for the design of new fuel oil tanks (the "Proposed Contract"), a copy of which is attached hereto as Schedule `B"; and WHEREAS, Albert P. Roberts, Attorney to the Town, has recommended certain additions, alternations and amendments to the Proposed Contract; and iN 03/28/2005.RGM WHEREAS, Highway Superintendent Graham Foster has reviewed the above -referenced Proposed Contract for engineering services and recommends authorization to proceed; and WHEREAS, Town Supervisor Joseph Ruggiero has reviewed the Proposed Contract for engineering services and recommends authorization to proceed; and WHEREAS, the Proposed Contract is exempt from the competitive bidding requirements of §103 of General Municipal Law as well as the Town of Wappinger Procurement Policy pursuant to Town Code §§46-3(A) because this is a professional service contract subject to state licensing and/or testing requirements that requires substantial formal training; and WHEREAS, the Town Board has determined that the execution of the proposed contract for engineering services for the design of the Fuel Storage Tank is a Type II action pursuant to 6 NYCRR 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). 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 determines that it is in the best interest of the citizens of the Town of Wappinger to enter into the Proposed Contract for the design of new fuel oil tanks between the Town of Wappinger, Dutchess County, State of New York and Fellenzer Engineering, LLP with its office located at 22 Mulberry Street, Suite 2A, Middletown, New York 10940, subject to the revisions to the Proposed Contract as prepared by Albert P. Roberts, Attorney to the Town, and attached hereto as Schedule "C". 3. The Town Board hereby agrees to enter into and be bound by the terms of the Proposed Contract and hereby authorizes Town Supervisor Joseph Ruggiero to execute the Proposed Contract in substantially the same form as attached hereto as Schedule "B" as amended by Schedule "C". The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. 19 03/28/2005.RGM RESOLUTION NO. 2005-43 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR DESIGN OF EMERGENCY ELECTRICAL GENERATOR SYSTEM The following Resolution was introduced by Councilman Valdati and seconded by Councilman McCarthy. WHEREAS, Eric D. Fellenzer, P.E. of Fellenzer Engineering, LLP has submitted a proposed contract dated February 10, 2005 to Graham Foster, Highway Superintendent, totaling Eight Thousand, Nine Hundred Dollars ($8,900.00) detailing a proposal to perform engineering services for the design of a new Emergency Electrical Generator System for the Town Highway Garage (the "Proposed Contract"), a copy of which is attached hereto as Schedule "A'; and WHEREAS, Highway Superintendent Foster reviewed the above -referenced Proposed Contract for engineering services and recommends authorization to proceed; and WHEREAS, the Proposed Contract is exempt from the competitive bidding requirements of §103 of General Municipal Law as well as the Town of Wappinger Procurement Policy pursuant to Town Code §§46-(A) because this is a professional service contract subject to state licensing and/or testing requirements that requires substantial formal training; and WHEREAS, the Town Board has determined that the execution of the contract for engineering services for the design of the Electrical Generator System is a Type II action pursuant to 6 NYCRR 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). 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 determines that it is in the best interest of the citizens of the Town of Wappinger to enter into the Proposed Contract for the design of a new Emergency Electrical Generator System for the Town Highway Garage between the Town of Wappinger, Dutchess County, State of New York and Fellenzer Engineering, LLP with its office located at 22 Mulberry Street, Suite 2A, Middletown, New York 10940, subject to the revisions to the contract as prepared by Albert P. Roberts, Attorney to the Town, and attached hereto as Schedule `B". 20 03/28/2005.RGM 3. The Town Board hereby agrees to enter into and be bound by the terms of the above -referenced Proposed Contract and hereby authorizes Town Supervisor Joseph Ruggiero to execute the Proposed Contract in substantially the same form as attached hereto as Schedule "A" as amended as by Schedule `B". The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-44 RESOLUTION GRANTING A REVOCABLE LICENSE TO THE SPORTS MUSEUM OF DUTCHESS COUNTY SUBJECT TO PERMISSIVE REFERENDUM The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, pursuant to Resolution No. 2005-26, the Town Board adopted a Resolution granting a Revocable License Agreement to the Sports Museum of Dutchess County in accordance with the terms and conditions set forth in said Resolution; and WHEREAS, subsequent to the adoption of the Resolution, the Attorney for the Sports Museum has requested certain changes to the proposed License Agreement, which changes have been approved by the Attorney to the Town, Albert P. Roberts; and WHEREAS, it has been since determined that the granting of a License Agreement to the Sports Museum of Dutchess County is subject to a permissive referendum in accordance of Article 7 of the Town Law of the State of New York; and WHEREAS, the revised changes are highlighted in the revised Revocable License Agreement which is attached hereto and made part hereof marked and designed Schedule "1"; and WHEREAS, the Town Board hereby reconfirms all of the dispositive provisions of Resolution No. 2005-26 adopted by the Town Board at its regularly scheduled Town Board Meeting on February 14, 2005; and WHEREAS, the Town Board determines that the enactment of this Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board 21 03/28/2005.RGM hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves the revisions to the Revocable License Agreement previously approved by the Town Board pursuant to Resolution No. 2005-26. A copy of the revised Revocable License Agreement attached hereto as Schedule "1". 3. The Town Board hereby reauthorizes and grants a Revocable License to the Sports Museum of Dutchess County to use a portion of the "dormitory building" located at Carnwath Estate for the purposes of conducting a sports museum and to display sports artifacts and memorabilia of Dutchess County athletes and athletic events in accordance with the Revocable License Agreement, as amended, which is attached hereto as Schedule "1„ 4. The Town Board hereby reconfirms the terms of the Revocable License Agreement as follows: (a) the Town may terminate the license agreement upon 30 days notice by delivering by mail or personal service to the Sports Museum at its business address of P.O. Box 7, Poughkeepsie, New York 12602, or at such other place as may be designated in writing by the Sports Museum or at the space occupied by it at the Carnwath Estate; (b) the Sports Museum will restore and/or repair, at its own costs and expense, any damage or disturbance to the licensed premises or other portions of the Carnwath Estate used by the sports museum pursuant to the Revocable License Agreement; (c) all activities shall be open to all members of the public and any fees, if any, charged for any activities must be approved by the Town Board in advance of collecting any fees for such activity or program; (d) the Sports Museum shall take out and maintain during the life of this license agreement such liability and property damage insurance that shall protect the Town from claims for damages for personal injury, including accidental death, as well as for WA 03/28/2005.RGM claims for property damage, which may arise from any activities conducted pursuant to the license agreement, and the amounts of such insurance shall be a single limit policy in the amount of at least $1 million dollars for bodily injury and property damage liability claims, public liability insurance, blanket contractual liability, broad form property damage liability, and fire legal liability; such policy shall also name the Town as an additional insured in said policy; (e) the Sports Museum shall indemnify and otherwise reimburse the Town for any and all damages or injuries to any real property or personal property of the Town that may arise, directly or indirectly, from the negligence, acts or omissions of the Sports Museum, its officers, members, contractors, agents, employees or invitees; (f) the Sports Museum agrees to defend, indemnify and save harmless the Town from any and all suits, actions or causes of action of every kind, nature and description brought against the Town for or on account of any injuries or damages received or sustained by any party or parties by or from the negligence of the Sports Museum, its officers, members, contractors, agents, employees or invitees; (g) the revocable license agreement shall authorize the Sports Museum to use the portion of the dormitory building described in Schedule "1" in the attached Revocable License Agreement for the purposes of conducting a sports museum displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events; (h) all of the above provisions are more specifically set forth in the revised Revocable License Agreement attached hereto as Schedule "1". 5. The Town Board expressly determines that the revised revocable license authorized and granted herein: (a) is not a conveyance of real property; (b) is not intended to grant or convey to the Sports Museum the exclusive use of the building in which the sports museum is to be displayed or located; (c) is subject to grants, conveyances, easements and right of ways heretofore made to others; and 23 03/2812005.RGM (d) is subject to the rights, which the Town hereby reserves, of the Town to: i. use and enjoy the lands within the boundaries of the property to be used in any manner that does not unreasonably interfere with the license granted to the Sports Museum; and ii. grant and convey easements or right of ways and uses to others, over, across and through the lands within the lands to be used by the Sports Museum. 6. Supervisor Joseph Ruggiero is hereby authorized and directed to execute the Revocable License Agreement between the Town of Wappinger and Sports Museum of Dutchess County on behalf of the Town in substantially the same form as attached hereto following approval of said Agreement by the citizens of the Town of Wappinger. 7. The Town Board determines that the enactment of this Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 8. This Resolution is adopted subject to permissive referendum pursuant to Town Law Article 7 of the State of New York. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-45 RESOLUTION AUTHORIZING LITIGATION AGAINST AGWAY ENERGY PRODUCTS Councilman Valdati moved to table Resolution 2005-45 Authorizing Litigation against Agway Energy Products to Executive Session, seconded by Councilwoman McCarthy and unanimously carried. RESOLUTION NO. 2005-46 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE 24 03/28/2005.RGM The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. 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: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. UNANIMOUS CONSENT Councilman Bettina moved to place Resolution 2005-47 on tonight's Agenda, seconded by Councilman Paoloni and unanimously carried RESOLUTION 2005-47 RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO CEILING IN TOWN HALL MEETING ROOM The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, George A. Kolb, Jr., Building Inspector to the Town of Wappinger recently undertook an inspection of the hung ceiling in the Main Meeting Room and such inspection has revealed that the wire ceiling supports for the hung ceiling are in such a state of disrepair that the ceiling is in imminent danger of falling, posing a safety hazard for any persons occupying that room; and WHEREAS, the Building Inspector has recommended that additional wire supports for the ceiling as well as safety chains need to be installed on all ceiling and lighting fixtures in the Main Meeting Room as soon as possible; and WHEREAS, it has been further determined that the Architect to the Town, Donald Swartz of Cerniglia & Swartz, be consulted to determine if there are any additional safety issues and/or structural issues that should be addressed and remediated as part of the repairs to the ceiling. 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. Based on the report and recommendation of George A. Kolb, Jr., Building Inspector to the Town of Wappinger, the Town Board hereby determines that an unsafe condition exists at the Main 25 03/28/2005.RGM Meeting Room in Town Hall and further determines that emergency conditions exist which require immediate action to be taken to preserve the health and safety of all Town officials, Town employees and members of the public who may occupy the Main Meeting Room, as set forth in the written report of George A. Kolb, Jr. dated March 28, 2005, a copy of which is affixed hereto. 3. The Town Board further determines that additional investigative work is required by the Architect to the Town, Donald Swartz of Cerniglia & Swartz, to determine if there are any further safety or structural issues associated with the hung ceiling in the Main Meeting Room and authorizes the said Donald Swartz to undertake such investigative work as he deems appropriate to insure that the hung ceiling in the Main Meeting Room is properly repaired and maintained in accordance with the New York State Uniform Code and that the hung ceiling is otherwise safe and free from defect. 4. The Town Board further authorizes Town Supervisor, Joseph Ruggiero, to enter into a contract with William Manfredi Construction Corp. or another suitable contractor, to immediately undertake whatever repairs are necessary to the hung ceiling in the Main Meeting Room as determined by George A. Kolb, Jr., Building Inspector, and Donald Swartz, Architect to the Town. 5. The following Town officers and/or employees and/or professionals are hereby authorized and directed to take whatever steps are needed and to coordinate whatever repair work is required to accomplish the above specified emergency work at the earliest possible time: Town Supervisor, Building Inspector, Fire Inspector, Town Comptroller, Engineer to the Town, Architect to the Town and Attorney to the Town. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS/COMMENTS Councilman Valdati received a letter from a resident living on 9D wishing to know if sewers would ever be available. Mr. Paggi responded that he told 26 03/28/2005.RGM this particular resident that the Hughsonville area was one that was considered in all their deliberations for Phase 3 B. This was an area that was considered in all presentations. However, the number of areas that are gong to be included in the final package has not yet been determined by the town board.. Supervisor Ruggiero requested Councilman Valdati to give him the residents name and number in order to contact her with this information. Councilman Valdati on Inter -City Tire: He wished to have letters sent to the residents of the two streets adjoining Inter -City Tire informing them that the town is actively pursuing to remedy the situation. He would also like to see a copy of the letter before it goes out. Councilman Bettina received complaints from residents of Osborne Hill due to flooding on their property. They would like some relief. They also wished to know when they were going to be hooked up to town water. Mr. Paggi replied that we are preparing the water project to go out to bid right now. In regard to the flooding problem on Osborne Hill Road, Mr. Paggi explained that there is no easily achievable fix. It would need an overall improvement. The characteristic of the road would change from a pavement and shoulder drainage system to a curved closed storm drain system which would be difficult to achieve. County Legislator, Sandy Goldberg, informed the Board that someone from the county did come out to survey the area, but no one ever promised relief. They just promised to go out and look at it to see if anything could be done, and came to the conclusion that it was not a doable project. Mr. Foster informed the Board that much of the flooding is due to the back-up of Green Fly Swamp. We have a major drainage problem in there because of wetlands and it is private property. Councilman Paoloni wished to schedule a time to meet with Mr. Kowalsky At this time, 9:15 p.m., Councilman Bettina moved to go into Executive Session to confer with Attorney in regard to Loewen Development vs Town of Wappinger, and Resolution 2005-045 Litigation Against Agway Energy Products, seconded by Councilwoman McCarthy and unanimously carried The meeting reconvened at 9:38 p.m. with all board members in attendance. The following actions were taken in Executive Session. RESOLUTION NO. 2005-45 RESOLUTION AUTHORIZING LITIGATION AGAINST AGWAY ENERGY PRODUCTS The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. 27 03/2812005.RGM WHEREAS, the Town of Wappinger Highway Department has its underground storage tank filled with gasoline, cleaned and maintained by Agway Energy Products; and WHEREAS, New York State passed legislation effective as of January 1, 2004 banning the use of MTBE in gasoline; and WHEREAS, this New York State legislation caused Agway, as well as all other gasoline providers to reformulate their gasoline; and WHEREAS, the Town of Wappinger was not provided with a product advisory prior to the delivery of reformulated gasoline; and WHEREAS, on or about December 12, 2003, Agway Energy Products delivered the gasoline containing new additives; and WHEREAS, following the delivery on or about December 12, 2003, water emulsified in the tank plugging the screens and filters in the fuel pump of the tank and eventually plugged the filters in the Highway Department's vehicles; and WHEREAS, the above -referenced problems were caused by Agway Energy Products' failure to properly check and remove water from the Town's storage tank before the reformulated gasoline was added to the storage tank; and WHEREAS, the above -referenced problems forced the Town to incur and expend $6,182.45 for removal of the contaminated fuel, cleaning the pump's strainer, installation of new filters, filter housing, nozzle and other required parts, and redelivery of a full tank of gasoline; and WHEREAS, the Town through its Supervisor, Highway Superintendent, attorney and other representatives has made numerous attempts to resolve the aforesaid problems with Agway Energy Products to no avail; and WHEREAS, the Town Board hereby determines that Agway Energy Products has failed to resolve the aforesaid problems and hereby authorizes the Attorney to the Town, Albert P. Roberts, to take all steps necessary to commence litigation proceedings against Agway Energy Products for the reimbursement of the $6,182.45 necessitated and expended by the Town as aforestated. 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. Town Supervisor, Joseph Ruggiero, Attorney to the Town, Albert P. Roberts, Esq., and Highway Superintendent, Graham Foster, are hereby authorized to take all legal action necessary to 28 03/28/2005.RGM commence litigation proceedings against Agway Energy Products for the reimbursement of the $6,182.45 in removing the contaminated fuel, cleaning the pump's strainer, installation of new filters, filter housing, nozzle and other required parts and redelivery of a full tank of gasoline. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. There was no further business to come before the board Councilman Bettina moved to close the meeting, seconded by Councilwoman McCarthy and unanimously carried The meeting adjourned at 9:40 pm. 29 Gloria ors Tow erk Document # To From Date Received Re Agenda 2004CL - 0222 Joseph Ruggiero, Supervi Francis Knapp, and David 2/10/05 2/14/05 Custodians of Voting Machines 3/28/2005 2004CL - 0223 Joseph Ruggiero, Supervi William Rudge, Natural 2/03/05 2/09/05 DEC interested squiring a piece of property in the 3/28/2005 2004CL - 0224 Gloria Morse, Town Cler John M. Karge, Village C 2/9/05 2/14/05 Re qu g Votig Machines Requesting n 3/28/2005 2004CL - 0225 Joseph Ruggiero, Supervi Heather L. Kitchen, Town 2/1/05 2/14!05 Monthly Report for January 2005 3/28/2005 3/28/2005 Giggles World Corp. V. Town of Wappinger 3/28/2005 2004CL - 0226 Joseph Ruggiero, Supervi Cynthia Dolan, Esq. 2/14/05 2004CL - 0227 Town Board, Supervisor George Kolb, Building In 1/5/05 1/13/05 Building Inspector's Report for the month of Dec. 2 3/28/2005 2004CL - 0228 Gloria Morse, Town Cler Tatiana Lukiano$ Zonis 2/1/05 2/02/05 Schedule of Performance and Maint Bonds 3/28/2005 2004CL - 0229 Joseph Ruggiero, Supervi Village of Wappingers Fa 1/12/05 2004CL-0230 Joseph Ruggiero, Supervi Tammie M. Allen Con£ 12/14/04 2004CL-0231 Joseph Ruggiero, Supervi Joseph Kovalsky, Emerge 2004CL-0232 Supervisor Ruggiero, and Town Clerk Gloria Morse 2/18/05 2004CL-0233 Joseph Ruggiero, Supervi Patricia Maupin, Tax Rec 2/1/05 2004CL-0234 Joseph Ruggiero, Supervi Heather Kitchen, Town Ju 3/15/05 2004CL-0235 JosephRuggiero, Supervi Emanuel Saris,Vergilis St 3/15/05 2004CL-0236 Town Clerk, Gloria Mors Susan Miller, Town Clerk 3/19/05 2004CL-0237 Joseph Ruggiero, Supervi George Kolb, Building In 3/3/05 2004CL - 0238 Town Clerk, Gloria Mora Alan D. Schrock, House 2/28/05 2004CL - 0239 Joseph Ruggiero, Supervi Ralph Holt, Chairman of 3/4/05 2004CL - 0240 Gloria Morse, Town Cler Tatiana Lukiauof� Zonin 3/07/05 Wednesday, March 23, 2005 Page 2 of 3 Agenda 1/12/05 for Village Board Meeting 3/28/2005 12/21/04 Letter regarding GIS Access 3/28/2005 Weekly Report 12/06/04-12/12/04 3/28/2005 2/18/05 2004 Records Mangement Report 3/28/2005 3/18/05 Monthly Report for February 3/28/2005 3/18/05 Monthly Report of Court Cases for February 2005 3/28/2005 3/18/05 Alamo Ambulance Service, Inc. 3/28/2005 3/11/05 Notice to Town Board of Poughkeepsie, Public He 3/28/2005 3104/05 Building Inspecto's Report for the Month of Februa 3/28/2005 3/02/05 Notification of Liquor License Renewal 3/28/2005 3/08/05 Town Easter Egg Hunt 3/28/2005 3/08/05 Schedule of Performance and Maintenance Bonds 3/28/2005 Page 2 of 3 Town Board Correspondence Log Document # To From Date Received Re Agenda 3/28/2005 2004CL-0000 2004CL - 0206 Mr. Victor Fanuele, ZBA Tatiana Lukiano$ Zonin 12/09/04 12/14/04 Giggles World Corp. Area Variance Application 3/28/2005 2004CL - 0207 Town of Wappinger Supe Joseph Paggi, Jr. 12/14/04 12/15/04 Building Meeting Minutes 3/28/2005 2004CL - 0208 Boeggeman Hodges and Albert Roberts, Town Att 12/9/04 12/14/04 Giggles World Corp. V. Town of Wappinger 3/28/2005 2004CL - 0209 Planning Board Joseph Paggy Town Engi 12/9/04 12/14/04 Giggles 3/28/2005 2004CL - 0210 Town Clerk Gloria Morse Pizza. Hutt Vice President 12/17/05 12/21/05 Renewal of Alcohol Beverage License 3/28/2005 2004CL - 0211 Town Clerk, Gloria Mors Joe Su, Manager Handsha 12/17/05 12/20/05 Remval of Alcohol Beverage License 3/28/2005 2004CL - 0212 Marco Caviglia, Town of Cservak Construction and 12/14/05 12 3/28/2005 2004CL - 0213 Joseph Ruggiero, Supervi Joseph E. Stankavage 2/15/05 2/18/05 Proposed Reese Park Restroom Installation 3/28/2005 2004CL - 0214 Robert Valdati,Town Cou Susan Dao, Deputy Zonis 2115/05 Town Board Meeting of February 14,200 3/28/2005 2004CL - 0215 Town Board, and Supervi Planning and Zoning Boa 12/1/05 Monthly Report for November 2004 3/28/2005 2004CL- 0216 Robert Rawls, Wappinger Joseph Paggi, Town Engi 12/15/05 2/18/05 North Wappinger Water District 3/28/2005 2004CL - 0217 Supervisor Ruggiero, and Joseph Kovalsky, Emerge 1103!05 1111/05 Weekly Report for 1/03105 to 1109/05 3/28/2005 2004CL - 0218 Mr. Bill Venin Ralph Hott, Chairman of 2/1/05 2!04/05 Letter issue ProP�h' 3/2812005 2004CL - 0219 Supervisor Joseph Ruggie Roger Connor, Cablevisio 2/28/05 2/04/05 Franchise Fee Payment for the 4th Quarter 3/28/2005 2004CL - 0220 Supervisor Joseph Ruggie Carl S. Wolfson, Town Ju 2/9/05 2116/05 Justice Wolfson, Town Justice Report for Jan. 200 3/28/2005 2004CL - 0221 Supervisor Ruggiero, To George Kolb, Building In 2/4/05 2/18/05 Building Inspector's Report for the Month of Janua 3/28/2005 Page 1 of3 Wednesday, March 23, 2005