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2005-02-14 RGMSUPERVISOR JOSEPH RUGGIERO Call to Order Roll Call, Salute to Flag Public Hearing TOWN OF WAPPINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-2744 FAX: (845) 297-4558 Monday, February 14, 2005 7:30pm Wappinger Town Hall AGENDA Suspension of Rules for Public Comment on Agenda Items Discussions Phase 3A Special Legislation to Remove Certain Parcels North Wappinger Water District Extensions Dutchess County Sports Museum License TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Resolutions: 2005-19 Resolution Authorizing Bid for Reese Park Restrooms 2005-20 Resolution Authorizing Change Order No. 3 for 99 -2R -7E 2005-21 Resolution Authorizing Escrow Refund for Arby's Restaurant 2005-22 Resolution Authorizing Rental Rates for Composting Materials for Highway 2005-23 -- Resolution Authorizing Bond for New Vehicles — 2005-24 Resolution Adopting Road Names 2005-25. Resolution Authorizing Grant Application for Master Plan 2005-26 Resolution Authorizing License for Dutchess County Sports Museum New Business/Comments Executive Session MOU for CSEA Agreement Negotiations Adjournment 02/14/2005.WS The Workshop Meeting of the Town of Wappinger was held on February 14, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: 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, second by Councilwoman McCarthy and unanimously carried. DISCUSSIONS: • Phase 3A Special Legislation to Remove Certain Parcels. Supervisor Ruggiero explained because certain areas would be better served by septic rather than by a sewer system, special legislation was sought from Albany to remove those parcels from the district. It was passed this year and signed by the Governor. Attorney, Al Roberts, announced this involved 10 parcels at the intersection of Old Hopewell Road and All Angels Hill Road on the north east quadrant which was subdivided into several building lots plus a larger parcel for the main home. The other parcel was part of the Meadowood Subdivision. He went on to explain what steps would be necessary to formally remove these 10 parcels from the district. Mr. Terwilliger prepared an outline of the refunds each parcel was entitled to for calendar years 2003 and 2004, and the amount is approximately $26,000 in refunds. • North Wappinger Water District Extensions. Jay Paggi, Engineer to the Town explained that several months ago a resident living on Cindy Lane in Quiet Acres noticed a sizable leak in his back yard. He contacted the water department and when they shut off his curb valve, nothing happened. They found that there was a service connection that was tied into a water main on Cindy Lane. It was not serving his house, but extending through his property without benefit of 1 02/14/2005.WS easements serving a lot on the north side of New Hackensack Road. Mr. Paggi was asked to prepare a map, plan and report to correct the situation. He explained what it would entail to perform the work. The estimated project cost would total approximately $200,000. If a bond were amortized over twenty years it would come out to an annual debt service of approximately $28 per year. It is his opinion that this is the most efficient way to provide water service to the homes involved. Mr. Valdati said he had received correspondence from Bob Rawls requesting consideration to connect his trailer park to town water. Supervisor Ruggiero explained that we have many residents in the town whose wells are marginal, are contaminated, and this existing trailer park has a potable source of water. Mr. Paggi announced that Mr. Rawls would need to prove water quantity and quality before the town could even consider connecting the trailer park to town water. Engineer to send letter to Mr. Rawls to demonstrate needs. • Dutchess County Sports Museum License. Al Roberts Attorney to the Town went over the license agreement that would give the Sports Museum limited privileges to utilize a portion of the first floor of the dormitory at Carnwath. He explained that a lease would give them an interest in the property itself, and the license is merely a limited privilege to use a portion of the property. Their monthly rental would be $500 per month. Discussion followed RESOLUTION NO. 2005-019 RESOLUTION AWARDING BID REESE PARK REST ROOMS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, bids were opened on January 18, 2005, and reviewed by Sandy Kosakowsi, Deputy Town Clerk of the Town of Wappinger for the installation of restrooms at Reese Park, and WHEREAS, bids were received as follows: Daniel A. Budd Excavating and Contracting $40,000 Colonial Building Excavation $41,750 HB Wiltse Excavating, Inc. $45,662 Marquise Construction Corp. $54,215 TDT, Inc. $72,598 WHEREAS Joseph Stankavage, of Paggi, Martin and DelBene, has provided an award recommendation to the Town Board. 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 02/14/2005.WS 2. The Contract for the restrooms at Reese park is hereby awarded to Daniel A. Budd Excavating and Contracting for an amount not to exceed Forty Thousand Dollars ($40,000.00) in accordance with the award recommendation letter dated January 20, 2005 from Joseph Stankavage of Paggi, Martin and DelBene, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf 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. 2005-20 RESOLUTION AUTHORIZING CHANGE ORDER NO. 3 FOR WAPPINGER WATER IMPROVEMENT CONTRACT 99-2(R) The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Engineers to the Town, Paggi, Martin & DelBene have recommended approval for Change Order No. 3 for Wappinger Water Improvement 99-2(R) for installation of new electrical control system. 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. 3 to Wappinger Water Improvement 99-2(R), electrical installation in the amount of Three Thousand One Hundred Thirty One and 18/100 ($3,131.18) for the reasons set forth in the letter dated February 2, 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. 2005-21 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FOR ARBY'S RESTAURANT 1258 ROUTE 9 4 02/14/2005.WS The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, on or about December 15, 2004, Wappingers Food Services Inc., deposited Three Thousand Six Hundred Twenty Five Dollars and 00/100 ($3,625.00) with the Town of Wappinger for escrow; and WHEREAS, Vincent Bruno has requested a refund in the amount of Three Thousand Six Hundred Twenty Five Dollars and 00/100 ($3,625.00), and has been approved by Tatiana Lukianoff, Zoning Administrator 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. Payment is approved in the amount of Three Thousand Six Hundred Twenty Five and 00/100 dollars ($3,625.00) made payable to Wappingers Food Services Inc., Account number 02-03056, for the refund of the unused escrow deposited for the property located at Arby's Restaurant 1258 Route 9. 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. 2005-22 RESOLUTION TO AUTHORIZE RENTAL RATES FOR THE HIGHWAY DEPARTMENT The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, Highway Superintendent, Graham Foster has submitted rental rates to the Town Board of various composting equipment, and WHEREAS, the rental rates are as follows: Item Grinder Grapple 325 BL Cat Excavator Bandit 3680 Beast Recycler Rate Company $12,250 per week Stump -n -Wood Recycling Co. $1,000 per day $3,000 per week $11,000 per month $2,000 per day $9,250 per week $36,000 per month 0 Stump -n -Wood Recycling Co. Stump -n -Wood Recycling Co. Morbark Model 1000 Tub Grinder $2,400 per day $12,000 per week $47,000 per month 02/14/2005.WS Stump -n -Wood Recycling Co. Cat 325BL Beast 3680 $4,000 per day Stump -n -Wood Recycling Co. Morbark 1000 Tub NOW, THEREFORE, BE IT RESOLVED, as follows 1. The recitation above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The authorized rental rates for equipment for the Highway Department are as follows: Item Rate Company Grinder Grapple $12,250 per week Stump -n -Wood Recycling Co. 325 BL Cat Excavator Bandit 3680 Beast Recycler Morbark Model 1000 Tub Grinder $1,000 per day $3,000 per week $11,000 per month $2,000 per day $9,250 per week $36,000 per month $2,400 per day $12,000 per week $47,000 per month Stump -n -Wood Recycling Co. Stump -n -Wood Recycling Co. Stump -n -Wood Recycling Co. Cat 325BL Beast 3680 $4,000 per day Stump -n -Wood Recycling Co. Morbark 1000 Tub 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. 2005-023 RESOLUTION AUTHORIZING THE ISSUANCE OF $123,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF VEHICLES FOR USE BY VARIOUS DEPARTMENTS IN AND FOR SAID TOWN The following Resolution was offered by Councilwoman McCarthy who moved its adoption, 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 5 02/14/2005.WS WHEREAS, it is now desired to authorize the financing of such capital project, NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose or class of objects or purposes of paying the cost of the purchase of vehicles for use by various Departments in and for the Town of Wappinger, Dutchess County, New York, there are hereby authorized to issued $123,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law, apportioned as follows: a. For the purchase of passenger vehicles having a seating capacity of less than ten persons, to replace similar vehicles which have been in service for three years or more, or, in the case of police vehicles, in service for one year or more, including in each case incidental expenses in connection therewith, having a maximum estimated cost of $70,000, a class of objects or purposes, there are hereby authorized to be issued $70,000 serial bonds; b. For the purchase of a new dump truck with plow and sander for the use by the Recreation Department for construction and maintenance purposes, which truck costs in excess of $35,000, including incidental expenses in connection therewith, having a maximum estimated cost of $53,000, a specific object or purpose, there are hereby authorized to be issued $53,000 serial bonds. Section 2. It is hereby determined that the aggregate maximum estimated cost of the aforesaid class of objects or purposes is $123,000 and that the plan for the financing thereof is by the issuance of the $123,000 serial bonds authorized to be issued pursuant to the provisions of this bond resolution, apportioned according to the maximum estimated cost of each of the aforesaid classes of objects or purposes. Section 3. It is hereby determined (a) that the period of probable usefulness of the aforesaid purchase of vehicles described in paragraph a of Section 1, above, is three years, pursuant to subdivision 77 of paragraph a of Section 11.00 of the Local Finance Law, and (b) that the period of probable usefulness of the aforesaid purchase of the dump truck described in paragraph b of Section 1, above, is fifteen years, pursuant to subdivision 28 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 for the purchase of the D 02/14/2005.WS dump truck described in paragraph b of Section 1 above is limited to 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 and payable. An annual 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 or impressed 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 with 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 7 02/14/2005.WS 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 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 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 recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. This resolution shall constitute 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 10. The validity of such bonds and bond anticipation notes may be contested only if - £1) 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 11. This resolution, which takes effect immediately, shall be published in full in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers, together with a notice of the Town 02/14/2005.WS Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Voting Aye 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 was thereupon declared duly adopted. RESOLUTION NO. 2005-24 RESOLUTION NAMING THE PRIVATE ROADS LOCATED AT THE PRESERVE TOWNHOUSES The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, in order to comply with the Dutchess County Enhanced 911 Response program, the Town must name public and private roads within the town; and WHEREAS, James Tompkins from the Dutchess County Enhanced 911 addressing unit has contacted the Fire Inspector to the Town of Wappinger, Mark Liebermann, in reference to formally name the roads recently constructed in the Preserve Townhouses development. NOW, THEREFORE, BE IT RESOLVED, that the private roads located in the Preserve Townhouses development are hereby named Doe Trail and Berry Lane for all purposes. 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. 2005-25 RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO SUBMIT A 2005 QUALITY COMMUNITIES GRANT APPLICATION TO ASSIST COSTS ASSOCIATED WITH THE DEVELOPMENT OF ,. THE TOWN -WIDE MASTER PLAN The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy E 02/14/2005.WS WHEREAS, the Town Board of the Town of Wappinger will submit to the NYS Department of State an application for 2005 Quality Communities grant funds; and WHEREAS, requested funding will be used to assist the costs associated with completing the Master Plan and allow the Town to hire a qualified consultant to develop and implement strategic planning tasks necessary to complete the Master Plan; and WHEREAS, the Supervisor of the Town of Wappinger has requested authorization from the Wappinger Town Board to file a grant application to the NYS Department of State. NOW, THEREFORE, BE IT RESOLVED, that Hon. Joseph Ruggiero, Supervisor of the Town of Wappinger, is hereby authorized and directed to file the said grant application to the NYS Department of State and enter into and execute a project agreement with the NYS Department of State should financial assistance be granted to 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. 2005-26 RESOLUTION GRANTING A REVOCABLE LICENSE TO THE SPORTS MUSEUM OF DUTCHESS COUNTY The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town of Wappinger owns a 99.5 acre estate located on Wheeler Hill Road within the Town, commonly known as the "Carnwath Estate"; and WHEREAS, the Estate contains a number of buildings, including a very large dormitory building previously used and occupied by the "Greystone Programs"; and WHEREAS, the dormitory building is a four story building and contains approximately 10,000 square feet of interior space suitable for multitude of uses including general office, administrative, storage, large rooms of sufficient size for interior recreational purposes, large rooms suitable for displays/museum purposes and other governmental, quasi -governmental and charitable purposes; and iul 02/14/2005.WS WHEREAS, the dormitory building is presently vacant and is not needed for any governmental or quasi -governmental purposes and is otherwise available for use by a third -party; and WHEREAS, the Sports Museum of Dutchess County has requested permission from the Town Board to rent a portion of the dormitory building for the purposes of conducting a sports museum for the purposes of displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events; and WHEREAS, the Town Board hereby determines it is in the public interest to authorize the use of a portion of the dormitory building at Carnwath Estate for a sports museum, which use is consistent with the uses and purposes for which the Carnwath Estate was originally purchased; and WHEREAS, the proposed portion of the dormitory building to be occupied by the Sports Museum of Dutchess County is not otherwise needed for other governmental purposes of the Town of Wappinger; and WHEREAS, the Town of Wappinger wishes to enter into a Revocable License Agreement with Sports Museum of Dutchess County in substantially the same form as attached hereto; 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 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 authorizes and grants a revocable license to Sports Museum of Dutchess County to use portions of the Carnwath Estate for the purposes of conducting a sports museum and displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events in accordance with the Revocable License Agreement attached hereto. 3. The terms of the license are 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 11 02/14/2005.WS 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 Carnwath Estate occasioned by the use of the property pursuant to the 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 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 12 02/14/2005.WS Agreement for the purposes of conducting a sports museum displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events. 4. The Town Board expressly determines that the 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 (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. 5. 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. 6. 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. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS/COMMENTS 13 02/1412005.WS Councilman Valdati questioned the enforcement Zoning Ordinances for Cservak ,Inter -City Tire and Five Star Motors. Mr. Roberts, Attorney to the Town felt these issues should be discussed in Executive Session. Councilman Valdati wanted to make sure all zoning is being enforced equally. Councilman Paoloni wished to have some update on the traffic circle meeting Supervisor Ruggiero attended for 376, New Hackensack and All Angels Hill Road.. Supervisor Ruggiero answered that he had a meeting with the State DOT and there was nothing yet, but he would follow up on this. Councilman Bettina stated that he was very happy with the professionalism of our ambulance service, noting that he was aware they responded with two ambulances at a recent incidence. Supervisor Ruggiero announced that on February 28th he will be delivering the State of the Town Address and we will be honoring TransCare and our Firefighters on this evening. At this time, 8:22 p.m., Councilman Bettina moved to go into Executive Session to confer with Attorney regarding MOU for CSEA Agreements Negotiations, seconded by Councilman Paoloni and unanimously carried. The meeting reconvened at 9:05 p.m. with all board members in attendance. There was no action taken at Executive Session. Councilwoman McCarthy moved to close the meeting, seconded by Councilman Bettina and unanimously carried The meeting adjourned at 9:05 p.m. Gloria J. Mg se Town Clete 14