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2004-05-24 RGMMonday, May 24, 2004 7:30pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to Flag Receipt and Approval of Minutes April 12, 2004 Workshop Meeting Suspension of Rules for Public Comment on Agenda Items Correspondence Log 2004CL-080 to 2004CL-093 Public Hearing: • Public Hearing for the Town of Wappinger Cable Franchise Agreement Discussions: • Central Hudson Assessment Reduction — Tom Logan • Grading Permits/Site Plan Law — Dan Wery • Wetlands — Dan Wery • Recreation Fee Report -Dan Wery • Cindy Lane Water Leak — Jay Paggi & Mike Tremper Resolutions: 2004-176 Resolution Appointing Board of Assessment Review Member 2004-177 Resolution Authorizing Escrow Refund for 36 Middlebush Road 2004-178 Resolution Authorizing Escrow Refund for 26 Hill Crest Court — Lot 15 2004-179 Resolution Authorizing Zoning Administrator and Deputy Zoning Administrator to Attend Training 2004-180 Resolution Authorizing Amendment to Tenancy Terms for Water and Sewer 2004-181 Resolution Introducing Local Law on Grading Permits and Site Plans 2004-182 Resolution Authorizing Budget Transfer 2004-183 Resolution Authorizing Town to Execute a Municipal Cooperation Agreement for the Reassessment of Properties within the Town and Jointly with Other Towns in Dutchess County 2004-185 Resolution Accepting Correspondence Log New Business/Comments Executive Session Airport Park — Ralph Holt Adjournment 05/24/2004.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on May 24, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:40 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 RECEIPT & APPROVAL OF MINUTES The Minutes of the Workshop Meeting of April 12, 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 be approved, seconded by Councilwoman McCarthy and unanimously carried. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Bettina and unanimously carried. CORRESPONDENCE LOG 2004CL-080 TO 2004CL-093 (See Attached Sheets) PUBLIC HEARING: • Public Hearing for the Town of Wappinger Cable Franchise Agreement DISCUSSIONS: • Central Hudson Assessment Reduction. Interim Assessor, Tom Logan wished to table discussion on the Central Hudson Assessment Reduction to Executive Session. • Grading Permits/Site Plan Law. Dan Wery went over the draft of the proposed Local Law for the Board's review. He explained that the Law would only effect commercial property and multi family and would be permitted only in accordance with site plan approval by the Planning Board.. • Wetlands. Dan Wery announced the purpose of the proposed law is to protect the values and functions of wetland and water resources in the Town of Wappinger that are important to the health, welfare and 05/24/2004.RGM safety of the public. He went over the seven guiding principals and ten basic elements that would be part of the proposed Local Law. Discussion followed. Supervisor Ruggiero requested Mr. Wery to also make this presentation to the Planning Board and the ZBA for their input and feedback. • Recreation Fee Report: As requested, Town Planner, Dan Wery prepared a study to provide an adequate basis for reevaluation of the in -lieu -of -parkland recreation fee that may be charged. Dan explained that the town is authorized by State Legislation and Local Legislation to require 10% of the gross lot area for recreational purposes as part of the sub -division. There is a provision that if you are unable to create a park as part of your sub -division, then the Town is authorized to charge a fee in lieu of the reservation of land. The fee is currently $2,000 per lot. He went over an analysis of the needs and what the current land costs are. He also defined the four different methodologies that could be used to increase the fees, and recommends the town charge $6,500 per lot based on method four. Discussion followed • Cindy Lane Water Leak. Jay Paggi, Engineer to the Town explained that several weeks ago a leak was found in the water service adjacent to 5 and 7 Cindy Lane that fed three (3) lots that come off New Hackensack Road. Camo Pollution repaired the leak on the easterly side of 7 Cindy Lane to restore water service back to three lots on New Hackensack Road. It was recommended at this point in time that this was not the appropriate method of providing water service to these people through someone's backyard, going under patios, and adjacent to in ground swimming pools. A preferred method of providing service would be off their own individual water service line fed by an appropriate size water main. Mr. Paggi explained what steps would be necessary to provide appropriate service to these homes and has prepared a preliminary desktop analysis. It was determined to perform the work would cost approximately $100,000.00. Discussion followed. At this time County Legislator Sandy Goldberg was recognized from the audience and announced her upcoming June 2, 2004 meeting in regard to the Master Plan for residents from the area affected in order to keep communication open between the airport and the community. RESOLUTION NO. 2004- 176 RESOLUTION APOINTING BOARD OF ASSESSMENT REVIEW MEMBER 2 05/24/2004.RGM Councilman Valdati moved to table Resolution No. 2004-176 in order to revue another application seconded by Councilman Bettina. Roll Call Vote The foregoing was put to a vote which resulted as follows: Voting Joseph Ruggiero, Supervisor Voting Nay Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Nay Joseph Paoloni, Councilman Voting Nay Motion defeated RESOLUTION NO. 2004- 176 RESOLUTION APOINTING BOARD OF ASSESSMENT REVIEW MEMBER The following Resolution was introduced by Supervisor Ruggiero and seconded by Councilwoman McCarthy. WHEREAS, the Town Board of the Town of Wappinger has conducted interviews for the purpose of appointing a member of the Board of Assessment Review, and WHEREAS, Town Board of the Town of Wappinger has found Bridget Gannon-Tyliszczak to be the individual capable of performing the duties of a member of the Board of Assessment Review. NOW, THEREFORE, BE IT RESOLVED, that Bridget Gannon-Tyliszczak is hereby appointed as the Town of Wappinger Board of Assessment Review member. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Nay Vincent Bettina, Councilman Voting Nay Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-177 RESOLUTION AUTHORIZING ESCROW REFUND FOR THIRTY SIX MIDDLEBUSH ROAD The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, on or about January 5, 2004 Dan Schunemann deposited One Thousand and 00/100 ($1,000) to the Town of Wappinger for seeding the property located on Thirty -Six Middlebush Road; and WHEREAS, Dan Schunemann has requested a refund in the amount of �3 05/24/2004.RGM One Thousand dollars ($1,000) 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 and 00/100 ($1,000) made payable to Dan Schunemann, Account Number 2003- 0095, for the unused escrow for seeding the property located on Thirty-six Middlebush Road as recommended by the Building Inspector George Kolb in his letter dated May 12, 2004. 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. 2004-178 RESOLUTION AUTHORIZING ESCROW REFUND FOR TWENTY SIX HILLCREST COURT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, on or about April 12, 2004, John Goetz deposited One Thousand and 00/100 ($1,000) to the Town of Wappinger for a escrow for completion of a driveway at the property located on Twenty Six Hillcrest Court; and WHEREAS, John Goetz has requested a refund in the amount of One Thousand dollars ($1,000). 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 and 00/100 ($1,000) made payable to John Goetz, Account Number 03-1560, for the refund of a unused escrow for the completion of a driveway at the property located on Twenty -Six Hillcrest Court as recommended by the Town of Wappinger Building Inspector George Kolb in his letter dated April 20, 2004. 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 10 Joseph Paoloni, Councilman 05/24/2004.RGM Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-179 RESOLUTION AUTHORIZING ZONING ADMINISTRATOR AND DEPUTY ZONING ADMINISTRATOR TO ATTEND A TRAINING CLASS The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy WHEREAS, the Town Board wishes to authorize Tatiana Lukianoff, Zoning Administrator and Susan Dao, Deputy Zoning Administrator, to attend a class on June 3, 2004 in Pomona, New York. NOW, THEREFORE, BE IT RESOLVED, that Tatiana Lukianoff, Zoning Administrator, and Susan Dao, Deputy Zoning Administrator, is hereby authorized to attend a class on June 3, 2004 in Pomona, New York, which there is no fee to attend. 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. 2004-180 INTRODUCING "LOCAL LAW NO. OF THE YEAR 2004 AMENDMENT TO TENANCY TERMS FOR WATER AND SEWER DISTRICTS OR IMPROVEMENT AREAS" The following resolution was introduced by Councilman Valdati and seconded by Councilman Bettina WHEREAS, The Town Board previously adopted Local Law #6 of the Year 2004 which inadvertently indicated that after five (5) years the thirty percent (30%) surcharge and O&M charges would be eliminated; and WHEREAS, the correct wording should have been "After five (5) years, the thirty percent (30%) surcharge on O&M charges will be eliminated"; and WHEREAS, the Town Board hereby proposes a Local Law which will authorize an amendment to Local Law #6 of the Year 2004 regarding the establishment of uniform tenancy terms to tenants of water and/or sewer Districts or Improvement Areas to state that only the thirty percent (30%) surcharge would be eliminated and that the O&M charges would continue to be charged to a tenant as established by the Town Board; and 05/24/2004.RGM 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). 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 2004 Amendment 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 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of 2004 Amendment to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9th day of June, 2004, at 6:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: 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.2004-181 INTRODUCING LOCAL LAW NO. 2004-_ AMENDING TOWN CODE §206-8 "PERMITS" and §240-83 "APPROVAL AND CONFORMITY REQUIRED" The following resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, it has come to the attention of the Town Board of the Town of Wappinger that there have been numerous instances of site disturbances and grading for commercial properties in anticipation of future site plan development and approval, which, when unregulated, can negatively effect public safety, property values and the environment; and 9 05/24/2004.RGM WHEREAS, the Town Board has determined that it is in the best interest of the residents of the Town of Wappinger to maintain property values and to ensure the proper development of properties within the Town to stipulate that no grading or site disturbance shall be permitted, other than for properties zoned for one (1) one -family dwelling, except in conformity with an approved site development plan so as to ensure that disturbances to the land will be considered in conjunction with, and not independently of, the proper future use and development of the property; and WHEREAS, the Town Board has determined to amend §206-8 "Permits" and §240-83 "Approval and conformity required" so as to ensure the proper development of property as identified herein; and WHEREAS, the Town Board has determined that the proposed action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as SEQRA) and pursuant to Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the only Involved Agency, and is the Lead Agency for this action. WHEREAS, the Town Board has determined that there are no adverse environmental impacts associated with the adoption of this Local Law and hereby issues a Negative Declaration of Significance, and the Town Clerk is directed to file the Declaration as provided by law. NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. _-2004 in the form annexed hereto; except as modified by the amendments contained herein, the Town Code as adopted and amended from time to time hereafter are to remain in full force and effect. 2. The Town Board has reviewed the Proposed Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (SEQRA) and pursuant to Local Law 6 of 1992, and hereby determines that there are no adverse environmental impacts associated with the adoption of this Local Law, and hereby issues a Negative Determination of Significance for this project. 3. The Town Clerk is hereby directed to file the Negative Determination of Significance with the Department of Environmental Conservation as provided by law. 7 05/24/2004.RGM 4. The Town Board further 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, the Negative Determination of Significance and the Public Hearing Notice to the municipal clerk of each abutting municipality not less than ten 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 §239 of the General Municipal Law; and C. To distribute a copy of this Resolution and the annexed proposed Local Law, and the Public Hearing Notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to §240-112 of the Zoning Code prior to said Public Hearing. 5. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of 2004 Amendment to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9th day of June, 2004, at 6:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: 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. 2004-182 RESOLUTION AUTHORIZING BUDGET TRANSFERS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. 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 May 19, 2003 from Gerald A. Terwilliger, Comptroller, to Supervisor and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 05/24/2004.RGM 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 the following budget transfers hereby temporarily amending the Town of Wappinger Budget adopted for the calendar year of 2004: General Fund -Part Town Budget Amendment Increase B1120 Non Property Tax Distributed by County $20,000 Increase B2115 Planning Board Fees $15,000 Increase B1420.400 Attorney Fees $20,000 Increase B8020.400 Planning Board- Contractual Fees $15,000 To increase anticipated Sales Tax and Planning Board Revenues and adjust budgeted Attorney Fees and Planning Board fees. 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. RESOLUTION NO. 2004-183 RESOLUTION AUTHORIZING TOWN TO EXECUTE A MUNICIPAL COOPERATION AGREEMENT FOR THE REASSESSMENT OF PROPERTIES WITHIN THE TOWN AND JOINTLY WITH OTHER TOWNS IN DUTCHESS COUNTY The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, by Resolution No. 2004-146, the Town Board authorized Town Supervisor, Joseph Ruggiero, and the Town Attorney, Albert P. Roberts, to further explore and negotiate the terms of an inter -municipal agreement with the Towns of Beekman, East Fishkill, Fishkill and Poughkeepsie for the purposes of conducting a reassessment of all properties located within said Towns, said reassessment to be completed in time for the creation of the 2007 Assessment Roll; and WHEREAS, since the Resolution was adopted, the City of Beacon and Town of LaGrange have also agreed to participate in such an inter -municipal agreement; and WHEREAS, A "Municipal Cooperation Agreement" has been prepared by the firm of Van De Water & Van De Water, Attorneys to the Town of Fishkill, a �7 05/24/2004.RGM copy of said Agreement is attached hereto and part hereof marked and designated Exhibit "A"; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to have the Town undertake a Town - wide reassessment of all properties within the Town for purposes of achieving equitable assessments as required by Article 3 of the Real Property Tax Law; and WHEREAS, the Town Board has been advised that the participating municipalities, acting jointly, may be able to reduce the costs of such valuation services; and WHEREAS, the Town Board has elected to enter into the Municipal Cooperation Agreement in substantially the same form as identified in Exhibit "A" attached hereto, pursuant to Article 5-G of the General Municipal Law for the purposes of establishing the entity to be known as the "Southern Dutchess County Reassessment Consortium", hereinafter referred to as "SDCRC", for the purposes of identifying cooperative and economically beneficial methods for producing new and equitable assessments for each of the participating municipalities; and WHEREAS, each of the Town Board Members acknowledge that it has read the Municipal Cooperation Agreement attached as Exhibit "A" by adoption of this Resolution has approved the form of said Agreement 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 municipal Cooperation Agreement Attached as Exhibit "A" is hereby approved as to form, except for the following corrections: (a) any reference that the Town of Wappinger is hereby acting on behalf of the Village of Wappingers Falls shall be deleted from said Municipal Cooperation Agreement; the Town of Wappinger shall be acting for itself. 3. The Town Board hereby authorizes the Town Supervisor, Joseph Ruggiero, to execute said Agreement in substantially in the same form as Exhibit "A", subject to the corrections above noted and to take such other steps that are necessary to implement the purposes and intent of said Agreement, it being understood that other municipalities in Dutchess County may elect to join the SDCRC. 4. The Town Board hereby appoints the Assessor to the Town of Wappinger as the Town of Wappinger's representative to the SDCRC subjects to the direction of and any instructions given by the Town 10 MAY -21-2004 FRI 10;26 AM P.02/J2 • 845 452 5348 TO 6312561 11AY 12 104 12:07 FR UAN DEIARTER ` 1 da of � 2004, among the AGREEMENT, made this y --- ins off ices at One Municipal Plaza, City of seaeca, which mainta Beacon, New York 12508, the Town of Beek, which maintains. offices at Town Hall, 4 Main street, Poughquag, New York 12570, which maintains offices at Town Hall, the Town of 8agt Figicill, 330 Route 3761 Hopewell Junction, New► York 12533 (hereinafter "East Fishkill"), the Town of Vishki1l, which maintains offices at Town Hall, 807 Route 52, Fishkill, New pork-, 12524 l (hereinafter "Fi.shkill ) ' the Town of p°ug�*Pais' which J mairita.iae offices at Town Hall, 1 overoaker Road, Poughkeepsieo New York, 12603 (hereinafter "Poughkeepsie'), the Village Of Fishki7.1; which maintains offices at -village Hall, Route 9. Fiehkill, Newyork, 12524 (hereinafter the "Village') and the intain9 offices at Town Hall, 20 Tors of Nappiager, which mA Middlebush Road, WaPPingers Falls' New York, 12590, for itself (hereinafter and the pillage of wapp�sigere Falls, . %wappinger")(Collectively the "Municipalities"). WHEREAS' the Municipalities have independently determined that each of them wishes to obtain the professional services of ane ert to valu® operties within each muni-ciPality to xP the pr �l nta as required by Article 3 of the achieve equitable asseegrns Real Property Tax Lave; and MAY -21-2004 FRI 10',26 AM MAY 12 '04 12:07 FR UPN DEWPTER p, �t3/i2 845 452 5948 TO 012964 wRAS, the Assessors of the Municipalities, after hav® advised the boards of the discussions among themselves, Municipalities that, acting jointly, the Municipalities may be able to reduce the cost of such valuation services; and WHEREAS, the Municipalities have determined to enter into a municipal. cooperation agreement-, pursuant to General Municipal Law section 119-0, to establish the Southern Dutchess County Reassessment Consortium ("SDCRC-) in order to identify Cooperative and economically beneficial methods for producing new Md equitable assessments for each of theme and WHEREAS, each of the Municipalities has approved the form of this agreement by a majority vote of the voting strength of its governing body, NOW, THEREFORE, for goad and valuable consideration, the receipt or existence of which is hereby acknowledged, the Municipalities agree as follows: 1, The SDCRC is hereby established with each of the Municipalities as a full voting member for the purpose of procuring economically beneficial joint proposals for reasgem sment'services and for working together to obtain new equitable assessments for all properties in each Municipality. 2. Each of the Municipalities shall be a voting member of Crit vote of the the governing board of the SDCRC, and a maa Y Page, 2 of 11 MAY -21-2004 FRI 10:27 AM MRY 12 a 4 12107 FR uAN DEWATER S45 452 5248 TO 23129E4 F.�411_ voting atIrangth of such board shall be binding on the SDCRC with regard to every matter of joint interest to the members of the SDCRC, including, without limitation, the issuance *q T an FP for reassessment services, the Selection of a�rr and the price for such services, and the 'manner and Procedures to be used in the accomplishing the reassessment. 3, Every member muni.cipalitY of the SDCRC shall have the power to withdraw from the SDCRC up to the point at which the SDCRC, with the consent of its members, has entered into a joint contract for reassessment services. Each member municipality may I' o retain reassessment services choose to act independently t through the COint RFP proc+ass to be implemented by the SDCRC. 4. The Assessor of each Municipality shall be appointed to represent his or her re9pective municipality on the board of the SDCRC, and each such repreeentative shall be subject to the direction of the governing body of the representative's municipality. Each member municipality shall have the power to temporarily appoint a non-A®sessor tv be its representative in the event the position of A0ee®6or in that Mtnieipality is tempora=ily vacant or that mune' ality`9 Assessor is unable to perform the duties of board member. 5. The Board of the SDCRC shall have the following powers= tribute a request for a, to prepare, advertise and die I I page 3 of 11 MAY -21-2004 FRI 10;27 RM MAY 12 104 12:08 FR UAN DEWATER 845 452 5848 TO 8312964 P.05/12 proposals ("RFpo) for reassessment services on behalf of the SDcRc and its members taking care to elicit proposals for the whole consortium and its individual members and declaring the power of any member to -withdraw from the consortium prior to execution of a j oiSit contract for services; and b. to review proposals from providers, modify and adjust the terms of any proposal and enter into a contract for services for all members of the SDCRC which have approved its terms, it being understood, however, that no municipality may be bound by such a contract until its governing board has approved entering into such contract C. to act as Project Administrator under any contract for reassessment serviCes and to manage and monitor the performance of the selected provider, under such contract, except that issues or questions limited in scope to a single municiBality, gha11 be. determined by the Assessor c " for that municipality. 6. Each municipality acknowledgee and agree$ that its !iceIbe heavily involved and occupied by the joint ! Assessor shall ocess both efforts of the SDCRC in managing the reassessment pr Page 4; of, 11 MAY -21-2004 FR I 10 , 27 AM MRY 12 104 12108 FR URN DEWRTSR 1 lilt 11- 845 452 564E TO 8312964 P. 06/12 cross the breadth of the SDCRC and in each Assessor's municipality. 7. The general expenses of the SDCRC shall be shared pro rata among the member municipalities, but expenses related solely to the reassessment process in a single municipality shall be borne by the municipality, and each municipality agrees to pay such expenses within 30 days of presentation to it of an invoice approved by the SDCRC and/or, as appropriate, its Assessor. 8. The term of this agreement shall be —1 . through the compl®tion, or abandonment, of the SDCRC efforts to complete equitable reassessment. 9. MYscELLANEOUS MATTERS. A. Nothing in this Agreement, express or implied, is intended to confer upon any third -party any rights or remedies under or by reason of this Agreement. Each party represents that it is entering into this transaction as principal for its own account and not as an agent for any other party. b. Each party will, at any time and from time to time, at the request of any other pe.rty, make, execute, acknowledge and deliver, or cause to be done, all such further acts, deeds or other documents as may reasonably be necessary or Page5 of 11 MAY -21-2004 FRI 1028 AM —' MY 12 ' 04 12: OS FR URN DEWATER r I 1111 1- 645 452 584E TO 8312564 P.07/12 appropriate to complete the transactions contemplated by this Agreement. ❑. This Agreement, together with the terms and conditions in effect from time to time, constitutes the entire agreement of the parties as to the subject matter hereof, supersedes all prior understandings (whether written or oral) and may not be amended or modified except by a written document signed by both parties and stating that, it is intended to amend this Agreement. d. Each party represents to the other party that it has the power and authority to execute, deliver and perform this Agreement, that all actions necessary to authorize the execution, delivery and Performance of this Agreement have been dulY taken, that it has duly executed and delivered this Agreement and that this Agreement is legal, valid and binding on it, and enforcea-ble against it, in accordance with its -term a. e. This Agreement and the right, duties and obligations contained herein shall be solely for the benefit of the parties hereto and their permitted assignees and transferees. Page 5 of it MAY -21-2004 FRI 10:28 AM 1111 il- . MAY 12 '04 12:os FR UAN DEWATER 845 452 5848 TO E`31='964 P.09/12 f. The parties understand that the Supreme Court, Dutchess County, New York, shall have exclusive jurisdiction of any disputes arising therefrom and that all disputes shall be tried .before the Court without a jury. m h. All notices and written Communications between the parties concerning thi,soA reeom ioexcept the Town's invoices andDwrvi"?Pr'. remittances, shall be deemed to have been delivered upon receipt or refusal of delivery to the addresaes get forth above. The failure of any of the Municipalities to insist, in any one or more instances, upon perfor=nce of any of the terms or conditions of this Agreement, shall not be construed as a waiver or relinquishment of any rights or benefits granted hereunder or the future performance of a,ny auch term, covenant or condition. CITY OF HZACOX By Clara Could, Mayor page 7 of 11 UU MAY -21-2004 FRI 1028 AM FAX NU. MAY 12 '04 12:0e FR URN DEWRTER 845 452 5845 TO 5312964 TOWN OF BEEMQX By: John A,dam$, SuPsrvisor TOWN OF PAST PJAMLL BY Peter Idema, Supervisor TOiQ14' OF FISHKILL By.. Supervisor Joan A. PagQnes, p ToW OF POUGMEPSTE By Joseph Davis, Supervisor VILLAGE OF 71SRK,ILL BY Tames 1-iccio, Mayor TOM OF WIPPINGER, for itself and the village of Wappingers Falls By' Joseph Ruggiexo, Supervisor page 8 of 11 MAY -21-2004 FRI 10:28 AM MR'S 12 ' 04 12:09 FR UAN DEWATER STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) r nn Nus 845 452 5848 TO 8312364 P.10/12 On the day of 2004, before me, the undersigned, a notary public in and for said state, personally appeared personally known to me or proved to me.on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same irn his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument, NOTARY PUBLIC STATE OF NEW YORK ) COUNTY OF DUTCHESS ) On the day of , 2004, before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals) whose .name(s) is (are) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK ) ) SB.. COUNTY OF DUTCHESS ) On the day of , 2004, before met the undersigned, a ncatzary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature (s) an the instrument, the individual (a), or the person upon behalf of which the individuals) acted, executed the instrument. page 9 of 11 MAY -21-2004 FRI 1029 AM r"" 'y"' MAY 12 '04 12;09 FR UAN DEWRTER 845 452 5E42 70 E312964 P.11/12 I NOTARY PUBLIC STATE OF NEW YORK ) COUNTY OF DUrCHESS ) On the day 01 , 2004, before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me the basis of satisfactory evidence to be the-individual(s) whose ose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ieg), a.nd that by hie/her/their signature(a) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acCed, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK ) J COUNTY OF D=CHESS ) 1 ,V On the day of , 2004, before me, the undersigned, a notary public in and for said state, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to b® the individuals) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the saTner in his/her/their capacity(ies), and that by signature (g) on the instrument, the individual (s) , or the person ndividual (a) acted, executed the upon behalf of which the i instrument. NOTARY PUBLIC STATE OF NEW YORK ) se • COUNTY OF DUTCHESS ) On the day of. 2004, before me, the Public in and for said state, personally and®reigned, a notary appeared , personally known to me or proved to me on ^' the basis of satisfactory evidence to be the individuals) whose name (e) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(a) on the inotrument, the individual(s), or the person Page 10 of 11. MAY -21-2M hKl iU;ca nn MAY 12 104 12:09 FR URN DE41ATER 645 452 5848 TO 8312964 P.12/12 upon behalf of which the-individual(s) acted,'executed the instrument. NOTARY jTMIC STATE OF NEW 70RiC ) ) COUNTY OF DUTCHESS ) On the day of _ , 2004, before me, the undersigned, a notary public in and for -said state, personally app®area , personally known to me or proved to me on the basis of satisfactory evidence to be the individual (a) whose riame(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(iee), and that by his/her/their signatures) on the instrument, the individual (a), or the person upon behalf of which the individuals) acted, executed the instrument. NOTARY PUBLIC x,�vVPno08�4sA1dll (ooso)u�� 'oPd Page 11 of 11 ** TOTAL PAGE. 12 ** 05/24/2004.RGM Board to the Assessor (it is expressly understood that at present Thomas Logan is the Acting Assessor to the Town of Wappinger pending the appointment of a permanent Assessor by the Town Board). 5. The Members of the Town Board acknowledge that the Town Board shall have the power and the authority to withdraw from the SDCRC up to the point at which the SDCRC, with the consent of its constituent members, has entered into a joint contract for the reassessment services provided. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Robert Valdati, Councilman Voting Vincent Bettina, Councilman Voting Maureen McCarthy, Councilwoman Voting Joseph Paoloni, Councilman Voting The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004- 185 Aye Aye Aye Aye Aye RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilwoman McCarthy. BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are herby 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. NEW BUSINESS/DISCUSSIONS Councilman Valdati wished to know the status of Alamo. Supervisor Ruggiero replied that they are working on doing everything the town has requested. Councilman Valdati questioned the Deputy Zoning Administrator on Inter -City Tire. She replied that a court date is scheduled for June 8, 2004. Councilman Valdati also wished to know the status of the building opposite Vergilis, Stenger and Roberts on Route 9. Its been under construction for the past year. Supervisor Ruggiero answered that the 11 05/24/2004.RGM builder did not have all the paper work that was required, now that he has all that, he is in the process of working toward completion. Councilman Bettina received a call from a constituent regarding the several accidents at the intersection of Booth Boulevard and wished to have Mr. Foster and Mr. Paggi look into this. Mr. Foster replied that this intersection is in Fishkill. Councilwoman McCarthy had a concern with the cars parked on Brown Road as you come around the curve. The Deputy Zoning Administrator said she took care of this last year, but she will revisit this site again. At this time, 9:30 p.m., Councilman Bettina moved to go into Executive Session to discuss Airport Park with Ralph Holt, seconded by Councilwoman McCarthy and unanimously carried. The meeting reconvened at 10:00 p.m. with all members in attendance. There were no actions taken in Executive Session. Councilman Valdati moved to close the meeting seconded by Councilwoman McCarthy and unanimously carried. The meeting adjourned at 10:02 p.m. 0 Glo a or e T Clerk 9 W? Town Board Correspondence Log Document # To From Date Received Re Agenda 2004CL - 0080 Richard Cantor Tatiana Lukianoff, Zonin 4/20/04 4/30/04 Jewish Community Center -Camp Jekoce 5/24/2004 2004CL - 0081 Joseph Ruggiero, Supervi Roger Connor, Cablevisio 4/26/04 4/30/04 Price Change information 5/24/2004 2004CL - 0082 Town of Wappinger Tow Aroma Osteria, Eduardol 4/26/04 4/30/04 Renewal of Liquor License 5/24/2004 2004CL - 0083 Town Board and Supervis Heather Kitchen 5/4/04 5/11/04 Town Justice Report for the month of April 2004 5/24/2004 2004CL - 0084 Joseph Ruggiero, Supervi Albert Roberts, Town Aft 5/5/04 FOIL Requests 5/24/2004 2004CL - 0085 Town Board and Supervis Village of Fishkill 5/11/04 Annual Drinking Water Quality Report for 2003 5/24/2004 2004CL - 0086 Supervisor Joseph Ruggie Nancy Cito, Senior Citize 5/3/04 Dial A Ride Advisory Board Meeting 5/24/2004 2004CL - 0087 Joseph Ruggiero, Supervi Craig Kominioski, NYS 5/07/04 Reidential Assessment Ratio 5/24/2004 2004CL - 0088 Town Clerk, Gloria Moes Village of Wappingers Fa 5/5/04 5/05/04 Agenda Village Board 5/24/2004 2004CL - 0089 Town Board, and Supervi David Conklin Dutchess 5/05/04 A.A. Degrees in Fire Science 5/24/2004 2004CL - 0090 Joseph Ruggiero, Supervi George Kolb, Building In 5/05/04 5/07/04 Building Inspectors Report for the month of April 5/24/2004 2004CL - 0091 Joseph Ruggiero, Supervi Choices for Change Choices for Change Monthly Meeting Minutes 5/24/2004 2004CL - 0092 Joseph Ruggiero, Supervi Summitt Risk Services, S 5/3/04 5/04/04 Insurance 5/24/2004 2004CL - 0093 Joseph Ruggiero, Supervi Reciever of Taxes. Trish 4/l/04 Reciever of Taxes Report for the month of April 5/24/2004 Wednesday, June 23, 2004 I rage 1 of i 05/24/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on May 24, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Town of Wappinger Cable Franchise Agreement. Supervisor Ruggiero opened the meeting at 7:41 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 Gloria J. Morse The Town Clerk offered for the record, the Affidavit 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. Councilman Paoloni moved to close the Public Hearing seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 7:42 p.m. Gloria orse Town erk DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING TO AUTHORIZE THE TOWN OF WAPPINGER TO ENTER INTO A CABLE FRANCHISE RENEWAL AGREEMENT WITH CABLEVISION OF WAPPINGERS FALLS, INC. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 11, 2004, your deponent posted a copy of the attached notice of Public Hearing on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to b fore me the coq i day of 2004 NOTARY P LIC a te GLORIA J. M E Town Clerk Town of Wappinger MARIA GIIBRIDE Notary Pvblic, State of New York Reg. No, OIG15087374 Qualified in DutchPss County Commission Expires Nov. 3, ?,Las.. ' . SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS. NY 12590 ON-f-F3Aa%,+3t ca -F FAub1 z+cat.1C)." To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #62575 State of NEW YORK } } SS. County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say: that. I am the BOOKKEEPER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a Printed copy, was duly published in Southern Dutchess News once on 05/12/04, Sworn to before me this 14th day of May, 2004 Notary Public { ALBERT f l3aTEN NOTARY PUBIC, STATE OF NEW YORK Q MWIP IN ,HMIESS COUNTY # 14.8240760 UMMISSION EXPIRES JUN 15s 2007 Poughkeepsiw e 3 ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION EGE��ED R _ State of New York iMAy $ ZQ�4 � County Cof Dutchess HEafuNG TowN QN CLE(�K WAPPINGER. City of Poughkeepsie TOW NOTICE IS HEREBY GIVEN tfiat the Town Board of the Townof Wappinger will conducts PUBLIC HEARING on the 241 h day of May, 2004, at 7:30 p.m: . et the Town NeIC Townof Wappinger, 20 Middle- bush Road, Wappingers Falls, New York, at which is time ell parties In interest and citizens shall have an opportunity to pe heard as to whether the Town Board of the Town of Wappinger shall adopt a Resolution authorizing the Town of Wa 1"er to en- ter into a cable franchise , renewal agreement with Cablevision of WappiPg' ers falls, Inc,,,, PLEASE TAKE FURTHER .NOTICE that the purpose and intent of the pro- ihorize the Town bupervt- sor,Joseph Rtj9giero to execute the proposed franchise renewalagres- merit between the iTown of We ppinger and Cahlevi Sion of Wappingers Palls, Inc. PLEASE TAKE FURTHER NOTICE that theTowrt - Board has determined that pursuant to 6 NYCRR 617,5 and Sectign 117 of the Code of theTown of MOW er tha proposed adoption ofitha eforemen- don edResolution Is a Type II aptIon not regwr trsuant the Code ippfnger, no enk�- has IRT.. as of the I,"' Itare ew aild Office of In,wflek- m.tp,,, . Town , uah Road, . Is New - Z00 641 cLI:R 11674' 0290 Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICwas duly published in the said newspaper one Insertion for weeks successively, in each week, commencing on the 13th. day of 200— and on the following dates thereafter, namely on: And ending on the day of 2004 ,both days inclusive. Subscribe d w rn to before me this I r day o .2004 otary Pub is My commission expires 3616