2004-10-25 RGMMonday, October 25, 2004
7:30pm
Wappinger Town Hall
AMENDED AGENDA
Call to Order
Roll Call, Salute to Flag
Receipt and Approval of Minutes
August 30, 2004 - Town Board Meeting
September 13, 2004 — Workshop
September 23, 2004 — Special Town Board
September 27, 2004 — Town Board Meeting
October 5, 2004 — Special Town Board Meeting
Suspension of Rules for Public Comment on Agenda Items
Correspondence Log
2004-133 to 2004-149
Public Hearing:
Public Hearing on the Establishment of the Meadowood Drainage District
Public Hearing on Rafters
Discussions:
Caliber M2000 — Jon Veeder
Verlin Proposal — Ralph Holt
Wappinger Farm Estates/Recreation
Required Street Frontage Local Law — Dan Wery
Minutolo Hawking and Peddling License
Resolutions:
2004-293
Resolution Authorizing the Relevy of the Water and Sewer Bills
2004-294
Resolution Authorizing Supervisor to Sign Empire Zone Agreement
2004-295
Resolution Authorizing Gigliotti Escrow Refund
2004-296
Hold
2004-297
Resolution Establishing Meadowood Drainage District
2004-298
Resolution Setting Public Hearing for Preliminary Budget
2004-299
Resolution Accepting Correspondence Log
2004-300
Hold
2004-301
Resolution Introducing Local Law and Setting Public Hearing for
Required Street Frontage Local Law
Unanimous Consent
2004-302 Resolution Authorizing Budget Transfer
2004-303 Resolution Authorizing the Creation of the Junior Accountant Position
New Business/Comments
Executive Session
Family Equestrian Center
TransCare
Adjournment
10/25/2004.RGM
The Regular Meeting of the Town Board of the Town of Wappinger was held
on October 25, 2004 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
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts Attorney to the Town
Graham Foster, Highway Superintendent (arrived at 8:01 p.m.)
Dan Wery, Town Planner
Absent:
Gloria J. Morse, Town Clerk
RECEIPT AND APPROVAL OF MINUTES
The Minutes of the Town Board Meeting of August 30, 2004, the Workshop
Meeting of September 13, 2004, the Special Town Board Meeting of
September 23, 2004, the Town Board Meeting of September 27, 2004 and the
Special Town Board Meeting of October 5, 2004 having previously been
forwarded to the Board Members, were now placed before them for their
consideration.
Councilman Paoloni moved to accept the above stated Minutes as submitted
by the Town Clerk, seconded by Councilman Bettina and unanimously
carried.
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.
CORRESPONDENC LOG: 2004 -CL -133 TO 2004 -CL -149
(See Attached Sheets)
HEARING:
• Rafters
PUBLIC HEARING:
• Public Hearing on the Establishment of the Meadowood Drainage
District.
DISCUSSIONS:
1
10/25/2004.RGM
• Caliber M2000 --John Veeder provided the Board with information for a
product that is manufactured by his company. When combined with
road salt, Caliber M2000 causes salt to go further and is safer for the
environment.—Mr. Veeder to set up meeting with Mr. Foster for
further discussion.
• Wappinger Farm Estates/Recreation— Applicants are seeking to
purchase property adjacent to Robinson Lane Recreation park. They
wish to subdivide the property into 20 lots. Because of the properties
location, the applicants wished to know if the town would be interested
in receiving land in lieu of recreation fees, and in consideration of land,
rezone the eastern portion to one acre parcels. Due to the cost of the
property there is a minimum number of lots that must be achieved.
Discussion followed-- Applicant to submit formal presentation for
rezone to Town Board. If agreeable with Town Board, set up meeting
and then go from there.
• Verlin Proposal— Ralph Holt explained that Mr. Verlin owns property
on River Road that is approximately one acre and is adjacent to the
property owned by the Town called Castlepoint. Mr. Verlin is
proposing an exchange of these parcels. Mr. Holt informed the Board
that this property could be useful for parking activities held at Castle
Point Park or for parking for boat trailers from Chelsea Boat ramp.
Discussion followed. --- Professionals and Councilman to field visit
property and report back to Board.
• Required Street Frontage Local Law—Dan Wery went over the
proposed draft of the Local Law for the Boards consideration which
would allow the Planning Board to allow common driveways.
• Minutolo Hawking & Peddling License.— Councilwoman McCarthy
moved to approve the license on condition Mr. Minutolo provides
acceptable alternate location for backup to Zoning Administrator,
seconded by Councilman Paoloni and unanimously carried.
RESOLUTION NO. 2004-293
RESOLUTION AUTHORIZING RELEVY OF WATER/SEWER
CHARGES
The following resolution was introduced by Councilman Bettina and seconded
by Councilwoman McCarthy.
WHEREAS the last day for payments to be made at Town Hall for unpaid
water/sewer accounts is November 18, 2004.
NOW, THEREFORE, BE IT RESOLVED, as follows:
2
10/25/2004.RGM
1. The recitations above set forth are incorporated in this
Resolution as if fully set forth and adopted herein.
2. Debbie Brown, Water/Sewer Billing Clerk to the Town of
Wappinger is hereby authorized to forward all unpaid
water/sewer accounts to he Dutchess County Department of
Real Property Tax on November 22, 2004, to be re -levied upon
the 2005 County Land Tax bills.
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. 2004- 294
RESOLUTION AUTHORIZING THE EXECUTION OF TH EMPIRE
ZONE AGREEMENT FOR 2005 BETWEEN THE TOWN OF
WAPPINGER AND THE POUGHKEEPSIE/DUTCHESS EMPIRE ZONE
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilman Bettina.
WHEREAS, New York State has created the Economic Development Zone
program to encourage industrial and commercial development in selected
municipalities across the State; and
WHEREAS, Dutchess County, as an eligible municipality, received a
designation for the Poughkeepsie/Dutchess Economic Development Zone and
now included lands within the Cities of Beacon and Poughkeepsie; Towns of
Amenia, Dover, Fishkill, East Fishkill, Hyde Park, Poughkeepsie, and
Wappinger; and Villages of Fishkill and Wappingers Falls; and
WHEREAS, administration of the program is essential for an individual
business to obtain and maintain Empire Zone Certification, thereby making
it eligible to receive the financial incentives; and
WHEREAS, the benefits of the Empire Zone are significant for economic
development in the Town of Wappinger; and
WHEREAS, the Empire Zone Administrative Board annually adopts a
budget deemed sufficient to successfully administer the program; and
WHEREAS, the Empire Zone Administrative Board has prepared a budget
for the calendar year 2005; and
3
10/25/2004.RGM
WHEREAS, the budget is based on the successful application for a grant
from Empire State Development and additional commitments from the
municipalities benefiting from the Empire Zone; and
WHEREAS, the Empire zone Administrative Board anticipates that the
2005 administrative fee that is to be requested of the Town of Wappinger will
be $21,500.00; and
WHEREAS, the Town Attorney, Albert P. Roberts, has reviewed and
approved of a draft agreement between the Empire Zone Administrative
Board and the Town of Wappinger obligating the Town of Wappinger to remit
a $21,500.00 administrative fee for the calendar year 2005.
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 in its capacity as the
governing body of the Town of Wappinger, does hereby support and concur
with the Empire Zone Agreement between the Empire Zone Administrative
Board and the Town of Wappinger and agrees to enter into same and further
directs Town Supervisor, Joseph Ruggiero, to executed same in substantially
the same for as attached hereto as Schedule "A".
3. Following execution of the Empire Zone Agreement, the Town
Board of the Town of Wappinger further authorizes payment of the sum of
$21,500.00 to the Empire Zone Administrative Board in full satisfaction of
the Town of Wappingers Administrative fee for calendar year 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. 2004-295
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW
REFUNDS FOR GIGLIOTTI SUBDIVISION
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilwoman McCarthy.
WHEREAS, on or about January 23, 2003 Patrick Gigliotti deposited Seven
Thousand Five Hundred and 00/100 ($7,500.00) with the Town of Wappinger
for a lot realignment on the Gigliotti subdivision on Route 376 , and
4
10/25/2004.RGM
WHEREAS, Patrick Gigliotti has requested a refund in the amount of Six
Thousand One Hundred Ninety and 55/100 ($6,190.55) and has been
recommended by Tatiana Lukianoff, Zoning Administrator to the Town of
Wappinger, in her letter dated August 6, 2004 to the Town Board Members.
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 Six Thousand One Hundred
Ninety dollars and 55/100 ($6190.55)) made payable to Patrick
Gigliotti, Account Number 03-5064, for the refund of the unused
escrow funds deposited for lot Realignment on the Gigliotti
Subdivision on Route 376.
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. 2004- 297
ORDER ESTABLISHING MEADOWOOD DRAINAGE DISTRICT
The following Order was introduced by Councilman Valdati and seconded by
Councilwoman McCarthy.
WHEREAS, the written Petition of Meadowood Development Corp. dated
June 16, 2004, executed by Steven Domber, an officer of the Meadowood
Development Corp., owner of 100% of the Meadowood Subdivision
("Subdivision"), has been presented to and filed with the Town Board of the
Town of Wappinger, New York requesting the approval of a drainage district
to be known as the "MEADOWOOD DRAINAGE DISTRICT", which is more
particularly described in the Map, Plan and Report for the Meadowood
Subdivision dated May 24, 2004, prepared by Paggi, Martin & Del Bene, LLP,
filed in the office of the Town Clerk; and
WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for
the Meadowood Subdivision Stormwater Maintenance District", dated May
24, 2004 and relating to the establishment of the proposed drainage district,
were prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil
engineers of the State of New York; and
WHEREAS, the aforementioned Map, Plan and Report, has been duly filed
with the Town Clerk and has been prepared in a manner and in such detail
5
10/25/2004.RGM
that this Town Board has determined that said Map, Plan and Report are in
accordance with the requirements of Article 12 of the Town Law; and
WHEREAS, an Order Calling a Public Hearing was duly adopted by this
Town Board on October 12, 2004, reciting the filing of said Map, Plan and
Report, the improvements proposed, the boundaries of the proposed district,
the proposed method of financing, the fact that the Map, Plan and Report
describing the same were on file in the Town Clerk's Office for public
inspection, and stating all other matters required by law to be stated, and
specifying October 25, 2004 as the date, at 7:30 in the evening of said day as
the time, at the Town of Wappinger Town Hall, 20 Middlebush Road,
Wappingers Falls, New York as the place where this Town Board would meet
and consider said Map, Plan and Report, and to hear all persons interested in
the subject thereof, and to take such action therein as is required or
authorized by law; and
WHEREAS, such Order was duly published and posted as required by law
and copies of such Order were duly mailed to Petitioners/homeowners of all
properties in the proposed District, and proof of publication, posting and
mailing has been duly presented to the Town Board; and
WHEREAS, a public hearing on said matter was duly held by said Town
Board on October 25, 2004 at 7:30 p.m. in the afternoon on said day, in the
Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New
York, and no person appearing in opposition thereto; and
WHEREAS, pursuant to said petition, it is the intention of the Petitioner,
Meadowood Development Corp., to construct the improvements set forth in
the Map, Plan and Report solely at its own cost and expense.
NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED,
DETERMINED AND RESOLVED AS FOLLOWS:
1. The recitations above set forth are incorporated in this Order as
if fully set forth and adopted herein.
2. The notice of public hearing was published and posted as
required by law, and is otherwise sufficient.
3. The Petitioner as 100% owner of the property was duly mailed a
copy of the Notice of Public Hearing and proof thereof was submitted to the
Town Board.
4. The Petition presented to this Board for the establishment of the
MEADOWOOD DRAINAGE DISTRICT were signed and acknowledged as
required by law and are otherwise sufficient.
10/25/2004.RGM
5. All the property and property owners within the proposed
district are benefited thereby.
6. All the property and property owners benefited thereby are
included within the limits of the proposed district.
7. There will be no hook-up fees for any of the properties within the
district.
8. There will be no capital costs assessed to the properties within
the district for the improvements proposed to be constructed.
9. The estimated annual cost of Operation and Maintenance of the
proposed improvements after three years is estimated to be $165 per Benefit
Unit for a typical property within the district.
10. A detailed explanation of the improvements to be made and the
estimate of Operation and Maintenance charges have been included in the
Map, Plan and Report which has been filed in the Office of the Town Clerk
and the same has been made available during regular office hours for
examination by any person interested in the matter thereof.
11. It is in the public interest to establish the MEADOWOOD
DRAINAGE DISTRICT.
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED
that the establishment of the MEADOWOOD DRAINAGE DISTRICT in the
Town of Wappinger, Dutchess County, New York, and the improvements
therein, as more fully described above and in the aforementioned Map, Plan
and Report is hereby approved and established and said drainage district
shall be bounded and described as set forth in Exhibit "A" attached to the
Petition; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED
that the improvements for the said drainage district as set forth in the Map,
Plan and Report are to be constructed by the Petitioner, Meadowood
Development Corp., wholly at its own expense, and Petitioner has agreed to
convey such improvements to the Town without cost to the Town of
Wappinger and/or MEADOWOOD DRAINAGE DISTRICT, free and clear of
any liens or encumbrances; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that
once the drainage improvements as set forth in the Map, Plan and Report
have been constructed by the Petitioner and turned over to the Town, the cost
for maintaining the district shall be assessed, levied and collected from the
several lots and parcels of land within the said district in proportion as
7
10/25/2004.RGM
nearly may be to the benefit which each lot or parcel of land in said district
will derive therefrom as set forth in the Map, Plan and Report; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that
the Town of Wappinger shall be reimbursed by the Petitioner, Meadowood
Development Corp., for any fees or expenses paid in furtherance of
commissioning the preparation of the Map, Plan and Report or in the
formation of this district; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that
the Town Clerk be, and hereby is, authorized and directed to file a certified
copy of this Order in the office of the Clerk of the County of Dutchess, which
is the County in which the said Town of Wappinger is located, and another
certified copy in the Office of the State Department of Audit and Control,
within ten days after the adoption of this Order, pursuant to §195 of the
Town Law.
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 Order was thereupon declared duly adopted.
EXHIBIT "A"
The proposed District shall consist of all lots subdivided
from the parcel identified by Tax Parcel No. 19-6257-04-
863284-00 and also known as Parcel 1 of the Meadowood
Subdivision, said parcel being bound by Old Hopewell Road
(County Route 28) to the north and All Angels Hill Road
(County Route 94) to the east. The District shall include
all easements and streets dedicated to the Town that are
within the subdivision limits. The total area of the
District is 99.03+ acres.
RESOLUTION NO. 2004-298
RESOLUTION APPROVING PRELIMINARY BUDGET FOR FISCAL
YEAR 2005 AND DIRECTING A PUBLIC HEARING THEREON
The following Resolution was introduced by Councilman Valdati and
seconded by Councilwoman McCarthy.
WHEREAS, the Town Supervisor, as Budget Officer, pursuant to Section 106
of the Town Law has presented the Tentative Budget to the Town Board for
review, examination and possible revision; and
WHEREAS, the Town Board has reviewed same and has made changes
thereto deemed reasonable and appropriate.
E:3
10/25/2004.RGM
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. Pursuant to and in accordance with the provisions of Section
106 of the Town Law and other applicable provisions of law,
the annexed detailed statement of estimated expenditures
and revenues be and the same is hereby approved and
adopted as the Preliminary Budget of the Town of Wappinger
for the fiscal year beginning January 1, 2005.
3. The Preliminary Budget adopted herein shall forthwith be
filed in the Office of the Town Clerk in the Town of
Wappinger where it shall be available for public inspection.
4. The Town Board of the Town of Wappinger shall meet at
Town Hall, 20 Middlebush Road, Wappingers Falls, New
York on the 4th day of November, 2004 at 7:30 p.m. and then
and there shall hold a Public Hearing upon such Preliminary
Budget.
5. The Town Clerk of the Town of Wappinger shall give Notice
of such Public Hearing in the format attached hereto by
publishing Notice thereof in the Southern Dutchess News,
the official newspaper of the Town of Wappinger, and also in
the Poughkeepsie Journal, at least five (5) days prior to
11/04/2004 and the Town Clerk shall cause a copy of said
Notice to be posted on the sign board of the Town no later
than five (5) days before the scheduled Public Hearing.
6. This Resolution shall take effect immediately.
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. 2004-299
RESOLUTION AUTHORIZING PLACEMENT OF
CORRESPONDENCE ON FILE
The following resolution was introduced by Councilman Bettina and seconded
by Councilwoman McCarthy.
9
10/25/2004.RGM
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.
RESOLUTION NO. 2004-301
TOWN OF WAPPINGER TOWN BOARD
RE: AMENDMENTS TO THE TOWN CODE, SECTION 240-20 OF THE
TOWN OF WAPPINGER ZONING LAW, REQUIRED STREET
FRONTAGE — INTRODUCTION OF LOCAL LAW NO. OF 2004
The following resolution was moved by Councilperson Valdati and seconded by
Councilperson Bettina.
WHEREAS, the Town Board of the Town of Wappinger has determined that
the Town Code, Section 240-20 of the Town of Wappinger Zoning Law,
Required Street Frontage should be amended and revised to reduce the
minimum required street frontage from 50 feet to 25 feet and to amend the
requirement restricting each lot to take access over its own frontage to
authorize the Planning Board to allow or require common driveways and
cross access easements, under certain circumstances and subject to certain
conditions, where deemed beneficial and in the Town's best interest (the
"Proposed Action"); and
WHEREAS, the Town Board determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617
NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the
Town's environmental quality review law which establishes locally designated
Type I actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board
is therefore, by default as the only involved agency, the Lead Agency for this
action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law No. _ of 2004 in the
form annexed hereto; except as specifically modified by the amendments
contained therein, the Zoning Law and Subdivision Regulations as
10
10/25/2004.RGM
originally adopted and amended from time to time thereafter are to
remain in full force and effect and is otherwise to be ratified, readopted
and confirmed.
2. The Town Board has reviewed the Proposed Action and hereby reserves
the right to make its Determination of Significance pursuant to SEQRA
until the conclusion of the Public Hearing(s) on the proposed
amendments to the Town Code.
3. The Town Board hereby schedules a public hearing regarding the
adoption of the annexed proposed Local Law No. _ of 2004 for 7:30 PM
on the 22nd day of November, 2004 and the Town Clerk is hereby
directed to publish notice thereof in the Town's official newspapers not
less than ten (10) days prior to said public hearing date.
4. The Town Board hereby directs the Town Clerk to act as follows with
respect to the proposed Local Law:
a. To serve a copy of this resolution, the annexed proposed Local
Law, and the public hearing notice to the municipal clerk of each
abutting municipality not less than ten (10) days prior to said
public hearing;
b. To serve a copy of this resolution, the annexed proposed Local
Law, and the public hearing notice to the Dutchess County
Department of Planning and Development for advisory review in
accordance with Section 239 of the General Municipal Law; and
C. To distribute a copy of this resolution, the annexed proposed Local
Law, and the public hearing notice to the Town of Wappinger
Planning Board for its review and recommendation pursuant to
Section 240-112 of the Zoning Law prior to said public hearing.
The question of the adoption of the foregoing resolution was duly put to a roll
call 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
Councilwoman McCarthy moved to place Resolution 302 and 303 on tonight's
Agenda, seconded by Councilman Bettina and unanimously carried
RESOLUTION NO. 2004- 302
RESOLUTION AUTHORIZING BUDGET TRANSFERS
11
10/25/2004.RGM
The following Resolution was introduced by Councilman Valdati and seconded
by Councilwoman McCarthy.
WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger,
has recommended certain budget transfers hereby amending the Town budget
as set forth in a letter dated October 21, 2004 from Gerald a. Terwilliger,
Comptroller, to Supervisor and Town Board Members.
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 authorized the following budget transfers
hereby temporarily amending the Town of Wappinger Budget adopted
for the calendar year of 2004.
Highway Fund
Increase B5130.400 Machinery/C.E. $2,974.06
Decrease DB5130.200 Machinery/Equip. $2,974.06
To adjust budget for equipment repairs
Central Wappinger Water District
Increase WC2665 Sale of Meters $2,000.00
Increase WC8310400
Water Admin/C.E. $2,000.00
To adjust budget for purchase of water meters.
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. 2004- 303
RESOLUTION CREATING THE POSITION OF JUNIOR
ACCOUNTANT
The following Resolution was introduced by Councilman Bettina and
seconded by Councilwoman McCarthy.
WHEREAS, the Town Board wished to created the new position of Junior
Accountant, and
WHEREAS, the position will pay a salary of Grade 6, Step 3 with an annual
salary of $30,197, and
WHERAS, the duties of the Junior Account will include:
• Prepare summary statements of balances, receipts, and payments.
12
10/25/2004.RGM
• Maintain staff control over various accounting methods and procedures
to ensure they are within the framework of a manual or automated
system.
• Review the preparation and posting procedures for services and
materials including those involving reimbursements for conformance
with established accounting principles.
• Prepare and assist in the preparation of schedules and statements.
• Verify, classify, and code financial transactions for input following
accounting practices subject to law and regulations..
• May maintain personnel records and prepare mandated forms.
• Related work.
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 creates the position of Junior Account
which will pay a salary of Grade 6, Step 3 with an annual salary
of $30,197 with job duties that will include:
3. Prepare summary statements of balances, receipts, and
payments.
4. Maintain staff control over various accounting methods and
procedures to ensure they are within the framework of a manual
or automated system.
5. Review the preparation and posting procedures for services and
materials including those involving reimbursements for
conformance with established accounting principles.
6. Prepare and assist in the preparation of schedules and
statements.
7. Verify, classify, and code financial transactions for input
following accounting practices subject to law and regulations.
8. May maintain personnel records and prepare mandated forms.
9. May supervise the work of subordinate personnel.
10. Related work.
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.
13
10/25/2004.RGM
At this time, 9:15 p.m., Councilman Bettina moved to go into Executive
Session to discuss TransCare, seconded by Councilwoman McCarthy and
unanimously carried.
The meeting reconvened at 10:29 p.m. with all Board Members in attendance.
There was no action taken in Executive Session.
Councilman Bettina moved to close the meeting seconded by Councilwoman
McCarthy and unanimously carried..
The meeting adjourned at 10:30 p.m.
t�lG vq v °LI
Florence Hannon
Deputy Town Clerk
14
Town Board Correspondence Log
Document #
To
From
Date
Received
Re
Agenda
' 2004CL - 0133
Joseph Ruggiero,Supervis
Ronald Andrews, Deputy
10/14/04
10/18/04
Letter in Support of terminating Alamo's contract
10/25/2004
2004CL - 0134
Town Board
Greebaum & Gilhooley's
9/29/04
9/30/04
Notification Rider to Renewal Application
10/25/2004
2004CL - 0135
Mr. Graham Foster, High
Frederick Slader, Jr
Letter from resident in favor of a "Dump Store"
10/25/2004
2004CL - 0136
Supervisor Joseph Ruggie
Senator Steve Saland
9/20/04
9/24/04
Letter in regards to fines being taken away from to
10/25/2004
2004CL - 0137
Joseph Ruggiero,Supervis
Harry Girdlestone -Office
9/21/04
9/24/04
State and Local Government Collaboration
10/25/2004
2004CL - 0138
Gloria Morse, Town Cler
Senator Steve Saland
9/22/04
10/04/04
Letter in regards to fines being taken away from to
10/25/2004
2004CL - 0139
Sedore and Company, Ja
Albert Roberts, Town Alt
9/30/04
10/01/04
Re: Town of Wappinger Pending or Threatened Lit
10/25/2004
2004CL - 0140
Mr. Micheal I Montyskoi
Charles Del Bene, Jr.
9/27/04
9/29/04
Reference: Wappinger Park Water Improvement
10/25/2004
2004CL - 0141
Supervisor Joseph Ruggie
Heather Kitchen, Town Ju
9/10/04
9/13/04
Court Cases for the month of August 2004
10/25/2004
2004CL - 0142
Supervisor Joseph Ruggie
Carl Wolfson, Town Justi
9/8/04
9/13/04
Court Cases for the month of August 2004
10/25/2004
2004CL - 0143
Joseph Ruggiero, Supervi
Cynthia Dolan, Boeggem
9/7/04
9/15/04
Re: Tasadfoy v. Town of Wappinger, et al
10/25/2004
2004CL - 0144
Gloria Morse, Town Cler
Mark A. Kneifel, DVM
9/10/04
9/17/04
Terminating contract as Animal Shelter for the To
10/25/2004
2004CL - 0145
Mark A Kneifel, DVM A
Gloria Morse, Town Cler
9/17/04
9/22/04
in regards to terminating contract as Animal Shelte
10/25/2004
2004CL - 0146
Transcare Hudson Valley,
Albert Roberts, Town Art
9/16/04
9/22/04
Ambulance Service Agreement
10/25/2004
2004CL - 0147
United States Environmen
Albert Roberts, Town Aft
9/15/04
Environmental Protection Agency
10/25/2004
2004CL - 0148
Joseph Ruggiero, Supervi
Trish Maupin, Tax Recie
9/13/04
9/13/04
Monthly Report for August 2004
10/25/2004
2004CL - 0149
Joseph Ruggiero, Supervi
Tania Lukianoff, Zoning
9/1/04
9/24/04
Monthly Report for August 2004
10/25/2004
Page 1 of 2
Tuesday, October 19, 2004
10/25/2004.RAFTERS
A Hearing was held at the Town Hall, 20 Middlebush Road on October 25,
2004, in regard to a Violation Notice to Repair or Remove an Unsafe
Structure known as "The Rafters Bar" located on 1220-1224 Route 9,
Wappingers Falls, New York. The notice was served to Robert Tompkins, 24
Straub Road, Pleasant Valley.
Supervisor Ruggiero opened the Hearing at 6:51 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Maureen McCarthy, Councilwoman
Joseph Paoloni, Councilman
Others Present:
Emanuel Saris, Attorney
Al Roberts, Attorney to the Town
Absent:
Gloria J. Morse, Town Clerk
Emanuel Saris, Attorney explained the purpose of tonight's hearing. Mr.
Tompkins was given notice to appear at this meeting. The notice to repair
the structure known as the "Rafters Bar." It has been deemed unsafe by the
Building Inspector of the Town of Wappinger. Mr. Tompkins was given the
opportunity to either address the situation r adequately repair the structure
or contest the funding of the unsafe structure. It was now 6:51 p.m. and the
notice of hearing stated the time and date of 6:30 p.m. October 25, 2004, at
Town Hall. Let the record reflect that the Affidavit of Service with respect
to this Notice of Repair was duly filed with the Dutchess County Clerk, along
with a notice of Pendency, which sets forth the towns interest for the removal
of said structure should it come to demolition so everyone is on notice and
that there will be such a levy charged against said property. Without any
further ado, it was noted that Mr. Tompkins was not present and it is the
understanding that counsel for Mr. Tompkins had informally contacted the
Attorney to the Town and advised that such counsel would not be appearing
tonight. However, Mr. Tompkins would be appearing tonight without such
counsel. At this time Mr. Saris requested George Kolb, Building Inspector for
the Town of Wappinger, to come forward and for the record give his reasons
for determination of an unsafe structure. Mr. Kolb went over his report
that was forwarded to the Town Board in July in which he stated that he had
a conversation with Mr. Tompkins back in April- May of this year to discuss
the possible remedies for the structure located on Route 9. He advised Mr.
1
10/25/2004.RAFTERS
Tompkins what the law as far as property maintenance code allowed the
town to do and also the town code. He was advised to come back to the
Planning Board. At one time Mr. Tompkins carne before the Planning Board
to discuss possible renovations or erecting a new building on the site, but
decided against it. A letter was sent to Mr. Tompkins on June 1, 2004 for
permission to enter the property for an inspection, which was denied. On
July 15, 2004, a visual inspection was performed on the property and the
following report was submitted to the Town Board.
The building has been in serious state of disrepair and slowly deteriorating
since that time. Its use has ceased since that time and no other use on that
property has occurred. As you can see from the attached photographs the
building has not been taken care of or protected from the elements The
general exterior has not been maintained in a sound and sanitary manner
and in his professional opinion presents a threat to public health, safety and
welfare of the Town of Wappinger. The responsibility of the property owner
to maintain this structure is outlined in the Property Maintenance Code of
the State of New York Section 303.1. The exterior of this structure as seen,
is in a decaying state of both roofing and siding elements. The harboring of
rodent infestation and vermin is expected. As evident in the photos provided,
the exterior is in need of considerable repair. The interior because of the
nature of water penetration is contributing to the structural failure from
freeze/thaw cycles with no heat provided to the structure. This posed a
hazard to both the possibility of unauthorized people entering the building
and property as well as possible fire hazards associated with the fighting of
fire in that structure. The building as it exists, is unfit for the purposes in
which it may be lawfully used. Any possible use for the structure will require
extensive renovation if at all possible to meet current N.Y.S. Building Code
requirements as well as current Zoning Laws and Planning Board review
because of the time period of vacancy of the structure. It is his professional
opinion that this structure, in its current state of disrepair be demolished and
removed by the owner by notice and commencement of hearing by the town
board to initiate the removal if need be by the Town of Wappinger as called
for in Section 93-5 of Town Law. Mr. Saris said the notice was posted on the
property as well. The notice to repair ordered repair to begin by October
20th That is why we picked October 24th in order give Mr. Tompkins time
to come in and say he was going to begin repairs or the reason he hasn't.
He as been given until November 201h to complete the repairs, should he elect
to do so with the approval of the Town Board. His recommendation to the
2
10/25/2004.RAFTERS
Town Board is, the findings of fact be drafted, commensurate with the
proceedings and the testimony of the Building Inspector which can be filed
with the Town Clerk and thereafter a levy for the charge of the demolition be
levied against the property. Supervisor Ruggiero wished to know, "If work
commences after this hearing does that stop the process?" Mr. Saris replied
"No." His recommendation to the Town Board would be to invite Mr.
Tompkins to come in because the issue would be whether or not adequate
repair can be undertaken. Supervisor Ruggiero wished to know if the Town
Board should wait until after the November 20th date to pass any other
Resolutions? Mr. Saris responded "No", unless we have some contact with
Mr. Tompkins this week. It's up to the discretion of the Town Board.".
Supervisor Ruggiero asked, "Is it correct to say, in order to prepare finding
and fact there will a Resolution forthcoming that we can declare what the
finding and facts are?" Mr. Saris replies, "Yes". Mr. Kolb announced that he
did contact Mr. Tompkins originally on the advisement of the Planning Board
chairman to have him return and discuss the possible situation of the
building and Mr. Tompkins declined. The levy of charge for demolition will
be charged against the owner. Mr. Kolb said he would get estimates.
There were no further questions or comments
Councilman Valdati moved to close the Hearing, seconded by Councilman
Bettina and unanimously carried.
The Hearing closed at 7:10 p.m.
Florence Hannon
Deputy Town Clerk
3
10/25/2004. PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
October 25, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the Establishment of the Meadowood Drainage District.
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
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Absent:
Gloria J. Morse, Town Clerk
The Deputy Town Clerk offered for the record, the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached hereto
and make part thereof the Minutes of this Hearing).
Supervisor Ruggiero wished to know if there were any questions or comments
from the audience. There were none.
Councilwoman McCarthy moved to close the Public Hearing seconded by
Councilman Paoloni and unanimously carried.
The Public Hearing closed at 7:35 p.m.
By Florence Hannon
Deputy Town Clerk
0lJ 1- f t h J,1 D IYF C C E t:-'� IIEW"
W
E - :r i , E r., ca
- i 1 _ ('� t
ink -F-Fida�it a -F Pub1 i<--at:,3.CD, n
J^ :> = 1JAf1( T[,Ir7ER'S f="Al_L_`; , J Cil•tJI`1
P , 0 B, t_I; : :;'24
'Jt.at,.r, {;i -f rIf•_fns YORK
I.:
NOTICE OF ADOPTION
OF ORDER CALLING
PUBLIC HEARING
ON THE ESTABLISHMENT
OF THE MEADOWOOD
DRAINAGE DISTRICT
PLEASE TAKE NOTICE
that the Town Board of
the Town of Wappinger,
Dutchess County, New
York on the 12th day of
:ober, 2004, duly
rpted the Order pub-
ied herewith calling a
ulic hearing.
�!lRIDER CALLING PUBLIC
HEARING ON THE
ESTABLISHMENT OF THE
MEADOWOOD
DRAINAGE DISTRICT
WHEREAS, the written Pe-
tition of Meadowood De-
velopment Corp. dated
June 16, 2004, executed
by Steven Domber, an of-
ficer of the Meadowood
Development Corp., has
been presented to and
filed with the Town Board
of the Town of Wapping-
er, New York requesting
the approval of a drainage
district to be known as the
"MEADOWOOD DRAIN -
0290
Poughkeepsie -journai
Poughkeepsie, N.X.
orFm111117 OF PUBLICATION
AGE DISTRICT", which is
more particularly de-
scribed in the attached
Map, Plan and Report for
the Meadowood Subdivi-
sion dated May 24, 2004,
prepared by Paggi, Martin
& DelBene, LLP, filed in
the office of the Town
Clerk; and
WHEREAS, Meadowood
Development Corp. is the
owner of 100% of the
property contained in the
proposed drainage dis-
trict; and
WHEREAS, the properties
to be included within the
MEADOWOOD DRAIN-
AGE DISTRICT consist of
this properties described
in Exhibit "A" attached
hereto and hereby incor-
porated herein; and
WHEREAS, the Map, Plan
and Report entitled "Map,
Plan and Report for the
Meadowood Subdivision
Stormwater Maintenance
District:, dated May 24,
2004 and relating to the
establishment of the pro-
posed drainage district,
was prepared by Paggi,
Martin & DelBene, LLP,
duly licensed civil engi-
neers of the State of New
York; and
WHEREAS, the aforemen-
tioned Map, Plan and Re-
port, has dully been filed
with the Town Clerk, and
has been prepared in a
manner and in such detail
that this Town Board has
determined that said Map,
Plan and Report is in ac-
cordance with the require-
ments of Article 12 of the
Town Law; and
WHEREAS, the im-
provements proposed
consist of the construction
and maintenance of a
drainage system to serve
the properties within said
district in accordance with
certain plans incorporated
in the Map, Plan and Re-
port and which is hereby
approved and adopted by
this Town Board and is
now on filed in the office
of the Town Clerk; and
WHEREAS, the Petitioner,
Meadowood Development
Corp., shall construct said
drainage system at its
own expense and upon
completion to transfer
drainage system to the
Town of Wappinger an-
d/or Meadowood Drain-
age District, without any
cost to the Town, and all
costs and expenses occa-
sioned by the creation of
this District shall be borne
by the Petitioner, Mead-
owood Development
Corp.; and
WHEREAS, Meadowood
Development Corp. shall
install all improvement
referenced in the Map,
Plan & Report and ded-
icate same to the District
upon completion thereof;
and
WHEREAS, the im-
provements to be con-
structed for the MEAD-
OWOOD DRAINAGE DIS-
TRICT shall consist of 39
first-year costs to the typ-
ical property in the MEAD-
OWOOD DRAINAGE DIS-
TRICT is contained within
the aforesaid Map, Plan
and Report which has
been filed in the office of
the Town Clerk where the
same is available during
regular office hours for ex-
amination by any person
interested in the subject
manner thereof and
WHEREAS, the Town
Board determines that the
creation of this Drainage
District is a Type II action
as defined in 6NYCRR
617.5 and Chapter 117 of
the Code of the Town of
Wappinger, and accor-
dingly, the Town Board
hereby expressly deter-
mined that this action is
not an action that requires
review pursuant to the
provisions of the New
York State Environmental
Quality Review Act (SE-
QRA_ or pursuant to
Chapter 117 of the Code
of the Town of Wappinger
or pursuant to 6 NYCRR
Park 617; and
WHEREAS, it is now de-
sired to call a public hear-
ing upon the question of
the establishment of the
MEADOWOOD DRAIN-
AGE DISTRICT, all pursu-
ant to subsection 209-d of
the Town Law. lF
NOW, THEREFORE, BE IT nz
ORDERED, by the Town by
Board of the Town of
Wappinger, Dutchess nt
County, New York as fol- _�Z
lows:
1. Recitations Incorporat-
ed. The recitations above
set forth are incorporated A
in this Order as if fully set
forth and adopted herein.
2. Public Hearing. The
Town Board hereby deter-
mines that a meeting of
the Town Board of the
Town of Wappinger, Dut-
chess County, New York,
shall be held at the Town
Hall, 20 Middlebush Road,
Wappingers Falls, New
York, in said Town, on the
25th day of October, 2004
at 7:30 P.M., prevailing
time, for the purpose of
holding a Public Hearing
to consider the establish-
ment of the MEAD-
OWOOD DRAINAGE DIS-
TRICT described in the
preambles hereof and to
consider the Map, Plan
and Report filed in rela-
tion thereto, and to hear
all persons interested in
the subject matter thereof
concerning the same, and
for such other action on
the part of said Town
Board as may be, required
by law or as shall be prop-
er in the premises.
3. Posting. The Town Clerk
is hereby authorized and
directed to cause a copy
of this Order to be pub- r
lished once in the South-
ern Dutchess News, the
official newspaper of the
Town, and the Pough-
keepsie Journal, the first
publication thereof to be
not less than ten nor more
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi , of the City of Poughkeepsie
Dutchess County, New York, being duly sworn, says that a
the several times hereinafter mentioned she was and still is
the Principal Clerk of the Poughkeepsie Newspapers Divisio)
of Gannett Satellite Information Network, Inc., publisher o
the POUGHKEEPSIE JOURNAL, a newspaper printed ant
published every day in the year in the city o
Poughkeepsie, Dutchess County, New York, and that th,
annexed NOTICE was duly published in the said newspape
Re in1*E&�gUccessively, in each week, commencinl
on the day o
)C -t.
2004 and on the following date
thereafter, namely on:
And ending on the day r
2004 both days inclusiv,
Subsc ' ed nd worn to before me this
da o , 2004
C
Notary Public
My commission expires
LESLIE SNERADFN
Notary Public, ct3tP of i�..Jt„w York
^Jo U1SN50187:;5
Qllc3lifiE'd �n ExpiresDutchesswg�z_
C:omfTllStSltirExpires __4
AFFIDAVIT OF POSTING
STATE OF NEW YORK
ss:
COUNTY OF DUTCHESS
I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York
depose and say:
That on the /I ay of 2004, I caused to be posted on the official
signboard maintained by me pursuant to Subdivision 6 of Section 30 of the Town Law,
an order, certified by me, duly adopted by said Town Board on the/ -,,2- day of all , •,
2004. A true and correct copy of such order in the exact form in which the same was
actually posted is attached hereto and made a part hereof.
Subscribed and sworn to before this
W. day of 01e�2004
Notary Publ
MARIA GILBRIDE
Notary Public, State of New York
Reg. No. OIG15087374
Qualified in Dutchess County
Commission Expires Nov. 3,
i
To n Clerk
17
\\Vsrp03\Common\Wappinger\Town Board\DRAINAGE DISTRICTSWeadowood\Order Calling PH.doc