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2002-11-25 RGMMonday, November 25, 2002 7:30pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to the Flag Receipt and Approval of Town Board Minutes: October 15, 2002 Workshop October 23, 2002 Special Meeting October 28, 2002 Regular Town Board Meeting Suspension of Rules for Public Comment on Agenda Items Discussions: Chloride Contamination -Tom Cusack, Jay Paggi Sharon Homes Atlantic Mortgage Traffic Calming- Mike Gallente Robinson Lane Lighting-Fellenzer Engineering Correspondence Log: 2002CL-0772 to 2002CL-0847 Resolutions: 2002-315 Resolution Authorizing Nunziata Escrow Refund 2002-316 Resolution Authorizing Change Order No.3 for 99-2R Contract 6 2002-317 Resolution Renaming Lee Knolls Subdivision 9 2002-318 Resolution Authorizing Porco Escrow Refund 2002-319 'Resolution Authorizing Lands of Karabinos Escrow Refund 2002-322 Resolution Authorizing Knauss Application Fee Refund 2002-323 Resolution Authorizing the Levy of the Grinnell Library District 2002-324 Resolution to Accept Easement of the Old Hopewell Acres Subdivision 2002-325 Resolution Authorizing Budget Amendments 2002-326 Resolution Requesting Systems Corp. to Reconsider Its Decision and Reinstate News Center 6 in the Mid -Hudson Valley 2002-327 Resolution of Support and Concurrence with the Poughkeepsie/Dutchess Empire Zone 2002-328 Resolution Authorizing Placement of Correspondence on File 2002-329 Resolution Opposing the Methodology of Charges by the Dutchess County Sheriffs Department New Business/Comments Executive Session Adjournment 11/25/2002.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on November 25, 2002 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 Christopher Colsey, Councilman 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 The Supervisor asked all to join in the Pledge of Allegiance to the Flag. RECEIPT & APPROVAL OF MINUTES The Minutes of the Workshop Meeting of October 15, 2002, Special Meeting of October 23, 2002, and Regular Town Board Meeting of October 28, 2002, 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 and they are hereby approved. Seconded by Councilman Colsey Motion Unanimously Carried DISCUSSIONS: • Chloride Contamination. Tom Cusack Senior Associate of Legette, Brashears & Graham went over a report he prepared on Investigation Guidelines for Potential Road Salt Contamination of Ground Water Supply Sources. Because road salts are highly soluble, any impacted runoff that infiltrates a high risk well can potentially impact the water quality from that well. If the town has contaminated as a result of road salt application, there is some liability on the Town's part. Mr. Cusack recommended that ground water quality from the affected well should be monitored on a monthly basis for sodium and chloride to indicate any significant increase in sodium/chloride concentration following application of salt on roads in the winter. Councilman Valdati moved to authorize LBG investigate the source of the contamination at a cost not to exceed $1,800.00. Seconded by Councilman Colsey LMotion Unanimously Carried • Sharon Homes. Timothy Zammiello, President of Sharon Homes informed the Board that he is building a residential home at 42 Robin Lane at the end of the cul-de-sac in Nicole Farms, and is requesting permission to become a tenant to the Central Wappinger Water District. 11/25/2002.RGM Councilman Bettina moved to authorize the home being built by Mr. Zammiello located at 43 Robin Lane (lot #4) to become a tenant to the Central Wappinger Water District. Seconded by Councilman Colsey Motion Unanimously Carried • Atlantic Mortgage, Richard Cantor. Mr. Cantor advised the Board that the Planning Board acted by a vote of 5 in favor and 0 against a resolution recommending rezoning of the Atlantic Mortgage Bankers property from its current zoning of R -2F to HB. When the application was initially submitted the applicant voluntarily offered a restriction on use that would limit the use to this general office use and would exclude, by agreement, all other HB uses. The Planning Board suggested that the limitation to only office use continue even beyond the point in time when there might be a connection to public water and public sewer. The next step is to undertake the SEQRA review. Mr. Cantor is requesting the Town consider a coordinated review. A review between the Planning Board and the Town Board, and possibly the Zoning Board.. ACTIONS TAKEN. Attorney to the Town, Al Roberts to prepare a Resolution for coordinated review. • Traffic Calming. Michael Galante Executive Vice President of Frederick P. Clark Associates presented updated figures which show existing conditions and include traffic control signing and pavement markings for Spook Hill Road, Kent Road, Cedar Hill Road, DeGarmo Hills Road, Pye Lane, Montfort Road and Robinson Lane. • Robinson Lane Lighting-Fellenzer Engineering. As per the Town Boards request Fellenzer Engineering prepared estimated costs for the re -bidding of the sports lighting at the Robinson Lane Recreation Area.. ACTIONS TAKEN. Fellenzer Engineering to prepare a new Bid package. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. Councilman Colsey moved to Suspend the Rules for Public Comment on Agenda Items. Seconded by Councilman Valdati Motion Unanimously Carried RESOLUTION NO. 2002-315 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 60 RED HAWK HALLOW ROAD The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, on or about October 10, 2000, Scott and Sandra Nunziata deposited Two Thousand, Four Hundred Dollars ($2,400.00) with the Town of Wappinger in escrow to secure the completion of the driveway at 60 Red Hawk Hallow Road, Wappingers Falls, New York pursuant to Building Permit No. P00217; and WHEREAS, the subject driveway has now been satisfactorily completed and the return of the escrow amount of Two Thousand, Four Hundred Dollars ($2,400.00) has been recommended by 2 11/25/2002.RGM Graham Foster, Highway Superintendent to the Town of Wappinger, in his letter dated October 25, 2002 to Karl Seebruch, Building Inspector to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Payment is approved in the amount of Two Thousand, Four Hundred Dollars ($2,400.00) made Lpayable to Scott and Sandra Nunziata, Building Permit No. P00217 for the refund of the unused escrow funds deposited for completion of the driveway of this Application. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-316 RESOLUTION AUTHORIZING CHANGE ORDERS 99-2(R) CONTRACT NO. 6 The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati WHEREAS, the Town of Wappinger previously authorized the formation of the Wappinger Water Improvement Area —1999-2(R) hereinafter referred to as "1999-2(R)" purposes of P � for the P t'P constructing a supplemental water supply to various Water Districts and Improvement Areas in the Town; and WHEREAS, among the improvements to be made by 1999-2(R) was the construction and installation of a dedicated pressurized water line from the Atlas well field located adjacent to Wappinger Creek to the Hilltop Water Tank located on Cider Mill Loop in the Town of Wappinger; and WHEREAS, the Town entered into a Contract with Clayton Industries, Inc. for the construction of this dedicated pressurized water transmission pipe pursuant to Contract dated August 15, 2002; and WHEREAS, due to unforeseen and/or unanticipated circumstances, Clayton has or will incur additional expenses to complete the Contract and has submitted several Change Orders for approval by the Engineer to the Town; and r WHEREAS, the Engineer to the Town has approved Change Order Nos. 1, 2, 3, and 5 for payment by the Town. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 3 11/25/2002.RGM The Town Board hereby approves the following Change Orders to Wappinger Water Improvement Area —1999-2(R), Contract No. 6 between the Town and Clayton Industries, Inc. dated August 15, 2002: Change Order No. 1 in the amount of Five Thousand, Seven Hundred and eighty-four dollars ($5,784.00) for the reasons set forth in the letters dated August 27, 2002 from Joseph E. Paggi, Jr. to the Town Board and October 21, 2002 from Charles R. Del Bene, Jr. to the Town Board, a copy of Change Order No. 1 and the letters dated August 27, 2002 and October 21, 2002 are attached hereto. Change Order No. 2 in the amount of Two Thousand, Two Hundred and Eighty Dollars ($2,280.00) for the reasons set forth in the letter dated November 6, 2002 from Charles R. Del Bene, Jr. to the Town Board, a copy of Change Order No. 2 and the letter dated November 6, 2002 are attached hereto. Change Order No. 3 in the amount of Two Thousand Six Hundred Dollars ($2,600.00) for the reasons set forth in the letters dated October 28, 2002 and November 6, 2002 from Charles R. Del Bene, Jr. to the Town Board, a copy of Change Order No. 3 and the letters dated October 28, 2002 and November 6, 2002 are attached hereto. Change Order No. 5 in the amount of Four Thousand Eight Hundred and Thirty Three Dollars and 86/100 ($4,833.86) for the reasons set forth in the letter dated November 19, 2002 from Charles R. Del Bene, Jr. to the Town Board, a copy of Change Order No. 5 and the letter dated November 19, 2002 are attached hereto. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-317 RESOLUTION TO AUTHORIZE THE RENAMING OF LEE KNOLLS 9 LOT SUBDIVISION TO ALFREDA DRIVE The following Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, Mark Liebermann, Fire Inspector to the Town of Wappinger, has requested that the Lee Knolls 9 lot Subdivision (Tax Grid No. 6157-01-093508) be renamed to Alfreda Drive by written request dated October 25, 2002 to the Town Supervisor Joseph Ruggiero. 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 renames the Lee Knolls 9 lot Subdivision (Tax Grid No. 6157-01- 093508) to Alfreda Drive in accordance with the written request dated October 25, 2002 from 4 11/25/2002.RGM Mark Liebermann, Fire Inspector to the Town of Wappinger, to the Honorable Joseph Ruggiero 3. Mark Liebermann, Fire Inspector to the Town of Wappinger, is hereby directed to renumber the properties along Alfreda Drive accordingly. 4. The Town Clerk is hereby directed to notify the Dutchess County Enhanced 911 program of said road name change. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-318 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 86 NEW HACKENSACK ROAD The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, on or about March 2, 2001, Stanley Porco deposited Two Thousand Dollars ($2,000.00) with the Town of Wappinger in escrow to secure costs associated with the application and conceptual review of the subdivision at 86 New Hackensack Road, Wappingers Falls, New York pursuant to Application No. 01-5042; and WHEREAS, the required application and conceptual review of the subdivision has now been satisfactorily completed and the return of the remaining escrow amount of Five Hundred and Fifty Five Dollars and 15/100 ($555.15) has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated October 31, 2002 to Supervisor Joseph Ruggiero and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Payment is approved in the amount of Five Hundred and Fifty Five Dollars and 15/100 ($555.15) made payable to Stanley Porco, Application No. 01-5042 for the refund of the unused escrow I Lfunds deposited for the application and conceptual review of the subdivision. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. 5 11/25/2002.RGM RESOLUTION NO. 2002-319 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 9 HAMILTON DRIVE The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, on or about January 15, 2002, Wayne and Colleen Karabinos deposited One Thousand Dollars ($1,000.00) with the Town of Wappinger in escrow to secure the Subdivision Approval at 9 Hamilton Drive, Wappingers Falls, New York pursuant to Application No. 99- 5016; and WHEREAS, the required Subdivision Approval has now been satisfactorily completed and the return of the unused escrow amount of Four Hundred and Seventy Nine Dollars and 52/100 Dollars ($479.52) has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated October 31, 2002 to Supervisor Joseph Ruggiero and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Payment is approved in the amount of Four Hundred and Seventy Nine Dollars and 52/100 Dollars ($479.52) made payable to Wayne and Colleen Karabinos, Application No. 99-5016, for the refund of the unused escrow funds deposited for the Subdivision Approval of this Application. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-322 RESOLUTION AUTHORIZING REFUND OF APPLICATION FEE FOR APPEAL NO. 02-7145 The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, on October 10, 2002 Raymond G. Knauss paid a Variance Application fee of Fifty Dollars ($50.00) to the Town of Wappinger in furtherance of Appeal No. 02-7145 relating to this property located at 245 Pine Ridge Drive, Wappingers Falls, New York; and WHEREAS, Mr. Knauss has requested a refund of the Fifty Dollars ($50.00) of his Variance Application fee; and WHEREAS, NOW THEREFORE BE IT RESOLVED, [-] 11/25/2002.RGM 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. Payment is approved in the amount of Fifty Dollars ($50.00) made payable to Raymond G. Knauss for the refund of the Variance Application Fee for Appeal No. 02.7145 relating to his variance application for his property located at 245 Pine Ridge Drive, Wappingers Falls, New York. LThe foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-323 RESOLUTION AUTHORIZING THE AMOUNTS LEVIED FOR GRINNELL LIBRARY PURPOSES TO BE SEPARATELY STATED ON THE STATE, COUNTY, AND TOWN TAX BILL The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. WHEREAS, pursuant to Education Law §259.1.b (1), the Trustees of the Grinnell Library Association circulated a Petition among the voters of the Town of Wappinger to increase the funding of the Grinnell Library Association by the Town of Wappinger from $100,000 to $314,874; and WHEREAS, pursuant to said Petition, the request to increase the funding to $314,874 was placed on the ballot at the bi-annual election resulting in an approval by the voters of the Town of Wappinger to authorize the Town Board to increase such funding; and WHEREAS, the Town of Wappinger wishes to separate the appropriations for the Grinnell Library Association from the Town's general budget by making it a separate line item on the State, County and Town Real Property Tax Bills; and WHEREAS, the Town Board of the Town of Wappinger by Chapter 652 of the Laws of 2002 was authorized to adopt a Resolution directing the Collection Officer of the Town to cause the statement of taxes to show on a separate line on such statement the amount of any tax or other charge levied by or on behalf of the Town for the purposes of the Grinnell Library Association. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. In accordance with authority vested in the Town of Wappinger by Chapter 652 of the Laws of 2002 of the State of New York, the Town Board directs the Receiver of Taxes or other collection officer of the Town to cause the Statement of Taxes generated for State, County and Town tax purposes commencing with the Statement of Taxes for January 2003, and thereafter, to show on 7 11/25/2002.RGM a separate line on such Statement the amount of any tax or other charge levied by or on behalf of the Town for purposes of the Grinnell Library Association. This Resolution authorizes the Town, pursuant to statutory authority, to treat library appropriations as to be listed separately on State, County and Town tax statements sent to the taxpayers. The Town Board and the Receiver of Taxes further direct the Dutchess County Real Property Tax Services Agency when it prepares the Statement of State, County and Town taxes for the Town of Wappinger, commencing with the bill generated for January 2003, to show on a separate line on such Statement the amount of any tax or other charge levied by or on behalf of the Town for the purposes of the Grinnell Library Association, and the Director of the Dutchess County Real Property Tax Services Agency is further directed to take whatever steps are necessary to implement the provisions of this Resolution, pursuant to the statutory authority granted by Chapter 652 of the Laws of 2002. The Town Clerk is directed to forward a copy of this Resolution to the Director of the Dutchess County Real Property Tax Services Agency for implementation. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-324 RESOLUTION ACCEPTING OF ROAD FRONTAGE ALONG OLD HOPEWELL ROAD The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the Planning Board has previously authorized a conditional final Subdivision Approval for the subdivision known as "Old Hopewell Acres Final Subdivision Map"; and WHEREAS, as a condition to the Subdivision Approval, the Applicant was to covey certain road frontage along Old Hopewell Road; and WHEREAS, the Albert P. Roberts, Attorney to the Town, recommended that the Deed for the road frontage be filed simultaneously with the filing of the Subdivision Plat; and WHEREAS, in order to record the Deed for the road frontage, Joseph Ruggiero, Supervisor to the Town of Wappinger, executed the TP -584 and RP -5217 forms to enable the Deed to be recorded. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. ru 11/25/2002.RGM The Town Board hereby agrees to accept the road frontage along Old Hopewell Road, as set forth on a certain Deed from Richard H. Chazen and Cathy C. Stone to Town of Wappinger, which has been or is about to be recorded in the Dutchess County Clerk's office. The Town Board hereby ratifies the actions of Joseph Ruggiero, Supervisor to the Town of Wappinger, in executing the forms TP -584 and RP -5217, which documents are required to enable the Deed to be recorded in the Dutchess County Clerk's office. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-325 RESOLUTION AUTHORIZING BUDGET ADJUSTMENTS AND TRANSFERS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain amendments to the Town budget as set forth in a letter dated November 9, 2002 from Gerald A. Terwilliger, Comptroller, to Supervisor and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby authorizes the following amendments to the Town of Wappinger Budget adopted for the calendar year of 2002: General Fund — Part Town — Budget Amendment Increase B8160.411 Joint Airport Landfill $19,333.00 Increase B0599 Appropriated Fund Balance $19,333.00 To cover Town's share of estimated expenses for investigative phase of Airport Landfill Wappinger Ambulance District - Budget Amendment Increase AM2401 Interest and Earnings $ 100.00 Increase AM 193 0. 000 Judgments/ Claims — Tax Certs. $ 100.00 LTo amend budget for Dutchess County charge -backs for Judgments/ Claims (Tax Certs.) Central Wappinger Sewer #1— Budget Amendment Increase S12401 Interest and Earnings $ 730.00 Increase SI 1930.00 Judgments/ Claims (Tax Certs.) $ 730.00 To amend budget for Dutchess County charge -backs for Judgments/ Claims (Tax Certs.) Wappinger Sewer Transmission/ Treatment Area #1 — Budget Adjustment �J 11/25/2002.RGM Increase SP2401 Interest and Earnings $ 715.00 Increase SP1930.000 Judgments/ Claims (Tax Certs.) $ 715.00 To amend budget for Dutchess County charge -backs for Judgments/ Claims (Tax Certs.) Wappinger Sewer Transmission/ Treatment Area #2 — Budget Adjustment Increase ST1930.00 Judgments/ Claims (Tax Certs.) $1,570.00 Increase ST0599 Appropriated Fund Balance $1,570.00 To amend budget for Dutchess County charge -backs for Judgments/ Claims (Tax Certs.) Wappinger Cranberry Water District — Budget Adjustment Increase WB1930.000Judgments/ Claims (Tax Certs.) $ 56.00 Increase WB0599 Appropriated Fund Balance $ 56.00 To amend budget for Dutchess County charge -backs for Judgments/ Claims (Tax Certs.) Central Wappinger Water District — Budget Adjustment Increase WC2665 Sale of Water Meters $ 300.00 Increase WC1930.000Judgments/ Claims (Tax Certs.) $ 300.00 To amend budget for Dutchess County charge -backs for Judgments/ Claims (Tax Certs.) Central Wappinger Water Improvement Area 99-2(R) — Budget Adjustment Increase W02401 Interest and Earnings $ 225.00 Increase WO1930.00 Judgments/ Claims (Tax Certs.) $ 225.00 To amend budget for Dutchess County charge -backs for Judgments/ Claims (Tax Certs.) Emergency Water Improvement Area 99-1 — Budget Adjustment Increase WE 1930.000 Judgments/ Claims (Tax Certs.) $ 70.00 Increase WE0599 Appropriated Fund Balance $ 70.00 To amend budget for Dutchess County charge -backs for Judgments/ Claims (Tax Certs.) Highway Fund — Budget Amendment Increase DB3501 Consolidated Highway Aid $104,551.00 Increase DB5112.400 Improvements — CHIPS Program$104,551.00 To amend budget for amount claimed for payment from CHIPS Capital Reimbursement Program for Highway Resurfacing. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-326 RESOLUTION REQUESTING SYSTEMS CORP. TO RECONSIDER IT'S DECISION AND REINSTATE NEWS CENTER 6 IN THE MID -HUDSON VALLEY 10 r 11/25/2002.RGM The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni. WHEREAS, Cablevision Systems Corp. has announced the termination of its nightly newscast, News Center 6, which Cablevision Systems Corp. and its predecessor companies had provided to viewers in the Mid -Hudson Valley for almost 20 years, and WHEREAS, News Center 6 has been an important source of local news, sports, business, and weather information to approximately 65,000 households in the Mid -Hudson Valley, a significant portion of which are located in Dutchess County, New York, NY, and WHEREAS, this termination of News Center 6 results in an adverse economic impact in the local community, especially in Southern Dutchess County, due to the loss of jobs by at least eleven local residents from the local news staff, and WHEREAS, Cablevision Systems Corp's franchise to operate in the area is premised on their providing a public service, which this termination of News Center 6 is in direct contravention of. 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 does hereby strongly urge Cablevision Systems Corp. to reconsider its decision and to reinstate at the earliest possible date the News Center 6 program in the Mid Hudson Valley. 3. The Town Board of the Town of Wappinger does hereby encourage other elected officials to similarly urge Cablevision Systems Corp., and to take whatever other actions are within those officials' power to see that News Center 6 is reinstated in the Mid -Hudson Valley. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO 2002-327 RESOLUTION OF SUPPORT AND CONCURRENCE WITH THE POUGHKEEPSIE/DUTCHESS EMPIRE ZONE The following Resolution was introduced by Councilman Valdati 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 (now Empire Zone) which has from time to time been amended and now includes lands within the Cites of Beacon and Poughkeepsie; Towns 11 11/25/2002.RGM of Dover, Fishkill, East Fishkill and Poughkeepsie; and Villages of Fishkill and Wappingers on the attached Falls, and The foregoing was put to a vote which resulted as follows: WHEREAS, New York State has amended the ones program to increase benefits, and JOSEPH RUGGIERO, Supervisor Voting WHEREAS, Dutchess County wants to revise the zone boundaries to encourage industrial and ROBERT L. VALDATI, Councilman Voting commercial development by excluding certain suitable lands located within Towns of East VINCENT F. BETTINA, Councilman Voting Fishkill and Poughkeepsie and the Cities of Beacon and Poughkeepsie; adding suitable lands JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting within the Towns of Dover and Poughkeepsie and the Cities of Beacon and Poughkeepsie; and by adding new territory within the Towns of Amenia, Hyde Park and Wappinger, although the Towns of Amenia, Hyde Park and Wappinger were not previously within the Empire Zone, and WHEREAS, the Town of Wappinger is committed to the development of new business within the proposed lands, and WHEREAS, the Town of Wappinger wishes to support and concur with the Empire Zone Revision Application. NOW, THEREFORE, BE IT RESOLVED, That the Town Board of the Town of Wappinger in its capacity as governing body of the Town of Wappinger, does hereby support and concur with the Poughkeepsie/Dutchess Empire Zone Revision Application as described in Dutchess County Local Law Resolution Number 202284, and Dutchess County Resolution Number 202298 Requesting Boundary Revision for the Poughkeepsie/Dutchess Empire Zone. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION 2002-328 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE OF FILE The following Resolution was introduced by Councilman Paoloni BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence log are hereby accepted and place 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 L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-329 RESOLUTION OPPOSING THE METHODOLOGY OF CHARGES BY THE DUTCHESS COUNTY SHERIFF'S DEPARTMENT 12 11/25/2002.RGM The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, the Town of Wappinger has enjoyed and supported its long standing relationship with the Dutchess County Sheriff's Department, and worked well with Sheriffs Department in maintaining a strong police presence in the Town of Wappinger, and WHEREAS, the Dutchess County Sheriff's Department has contracted for many years with the Town of Wappinger to provide additional police presence at the request of the Town of Wappinger, as the Wappinger Patrol, and WHEREAS, the proposed 2002 County Budget calls for towns and municipalities to pay a significant increased hourly rate, which now includes all fringe benefit costs, to contract the Dutchess County Sheriff's Department to provide additional coverage in said municipalities, and WHEREAS, such an increase in the hourly rate would require an additional $50,000 in funding by the Town of Wappinger, to meet the same level of coverage as performed by the Wappinger Patrol in 2002, and THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby opposes the proposed change in rate for the Dutchess County Sheriff's contract with towns, as pxesented in the proposed 2003 County Budget, and urges the members of the Dutchess County Legislature to fund the Dutchess County Sheriff's Department so that the Sheriff's Department can provide adequate coverage to meet basic service to all municipalities, and BE IT FURTHER RESOLVED, the Town Board of the Town of Wappinger hereby requests that the Dutchess County Legislature eliminate the change in rate structure for the Sheriff's Department, as proposed in 2003 County Budget, and honor the existing contracts between Sheriff's department and the Town of Wappinger and like municipalities. The Town of Wappinger hereby calls upon its Legislators Lawrence, Gutzler, Lecker, Price, and Hammond to sponsor a resolution to amend the County Budget to relieve the Town of Wappinger and other like communities of the burden of paying for these additional costs for contracting additional police protection with the Dutchess County Sheriff's Department. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman Voting Voting Aye Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. 2002CL - 0772 James Sedore Albert Roberts 10/11/02 10/15/02 Pending Litigation 2002CL - 0773 Joseph Ruggiero Charles DelBene 10/11/02 10_/15/02 Phase 3A Contract 2 2002CL — 0774 Gerald Terwilliger Charles DelBene_ 10/11/02 10/15/02 99-2R Contract 6 2002CL - 0775 Elected Officials Anne Conroy 10/11/02 10/15/02 Empire Zone 2002CL - 0776 Peter Marlow Joseph Paggi 10/11/02 10/15/02 keenan Acres 2002CL - 0777 Joseph Ruggiero Graham Foster 10/11/02 10/15/02 Multi Modal Project 13 11/25/2002.RGM 2002CL . 0778,Joseph Ruggiero Albert Roberts_ 10/15/02 10/18/02 Insurance Coverage 2002CL — 0779 Cheryl Macri Joseph Paggi 10/16/02 10/18/02 99-2R Contract 3 2002CL — 0780!Jos eph Ruggiero Charles DelBene 10/16/02 10/18/02 Phase 3A 2002CL — 0781 ' Emanuel Saris Albert Roberts 10/16/02 10/18/02 tax Certiorari Matter 2002CL — 0782.AI Roberts Joseph Paggi 10/15/02 10/18/02 99-2R Contract 6 2002CL — 0783'Town Board Jennifer Cocozza 10/15/02 .10/18/02 Widmer Road 2002CL — 0784 10/16/02 Freedom of Informati 2002CL — 0785 Gerald Terwilliger Charles DelBene 10/16/02 10/18/02 Phase 3A Contract 6, 2002CL — 0786 Joseph Ruggiero Joseph Ruggiero 10/16/02 10/16/02 Highway Rehab 2002CL — 0787 Florence Graff Shelly Crespo 10/16/02 10/16/02 New Single Famii- -' , 2002CL — 0788_ Sloper Willen 10/15/02 10/16/02 Minutes from Mor 2002CL — 0789 Joseph Ruqqiero Joseph Paggi 10/11/02 10/16/02 99-2R Contract 6 2002CL — 0790 Philip Giamportone Charles DelBene 10/11/02 10/16/02 TOW Water & S 2002CL — 0791 Albert Roberts Joseph Pagqi 10/15/02 10/16/02 99-2R Contract 6 2002CL — 0792 Joseph Ruggiero Hudson River 10/8/02 10/11/02 NRDA 2002CL — 0793 Joseph Ruggiero Charles DelBene 10/9/02 10/11/02 99-2R Contract 6 2002CL — 0794 Mayors and William Steinhaus 10/11/02 10/15/02 Budget 2002CL — 0795 DEC 10/15/02 Control Storm Runofl 2002CL — 0796 Joseph Ruqqiero Michael Tremper 10/8/02 10/11/02 Illegal Use_of Fire Hy, 2002CL — 0797 Anthony Pagones Albert Roberts 10/10/02 10/11/02 Lee Knolls_ 2002CL — 0798 Robert Fontaine Mark Liebermann 10/18/02 .10/24/02 Littering Violation 2002CL — 0799 Joseph Ruggiero Mark Liebermann 10/22/02 River Road Dumping 2002CL — 0800 Tatiana Lukianoff Peter Paqqi 10/23/02 As Built Plan 2002CL — 0801 10/24/02 Minutes of 9-23-02 M 2002CL — 0802 Municipality/Commu Rider Application 2002CL — 0803 Town Board Ralph Holt 10/23/02 10/24/02 Emergency Repair 2002CL — 0804 Harry Serviss Charles DelBene 10/22/02 10/24/02 99-2R Contract 6 2002CL — 0805 Harry Serviss Charles DelBene 10/22/02 10/24/02 99-2R Contract 6 2002CL — 0806 David Compagni Charles DelBene 10/17/02 10/23/02 Phase 3A Contract 2 2002CL — 0807 Gloria Morse Al Roberts 10/18/02 10/23/02 Performance Motors 2002CL — 0808 Harry Serviss Charles DelBene 10/21/02 10/23/02 99-2R Contract 6 2002CL — 0809 Harry Se ,viss Charles DelBene 10/17/02 10/23/02 99-213 Contract 6 2002CL — 0810 Joseph Paggi Al Roberts 10/21/02 10/23/02 Parsons Subdivis 2002CL — 0811 Howard Osterhoudt Charles DelBene 10/18/02 10/23/02 Oakwood Knolls 2002CL — 0812 Gerald Terwilliger Charles DelBene 10/21/02 10/23/02 Proposed Wappinger 2002CL — 0813 Supervisors and Patricia Hohmann 10/18/02 10/23/02 Resolution Adopted � 2002CL — 0814 Town of Wappinger Dan Wery 3/18/02 Lee Knolls IV 9-lot St 2002CL — 0815 Gerald Terwilliger Joseph Design 11/04/02 11/06/02 Wappinger Water Iml 2002CL — 0816 Peter Marlow, PE, Joseph Ruggiero, 11/2/02 11/06/02 Parson Subdivision/k 2002CL—_0817'Joseph Ruggiero Frederick Maute, 11/01/02 11/06/02 Wappinger Water Iml 2002CL — 0818 Todd S. Stall Albert Roberts 11/04/02 11/06/02 Stear Subdivision 2002CL — 0819 Town Board _ Karl H. Seebruch 11/06/02 11/06/02 "Building Inspector's F 2002CL — 0820 Harry Serviss Charles R. Del _Bene, 10/29/02 11/04/02 Wappinger Water Iml 2002CL — 0821 Joseph Ruggiero Joseph Paggi 10/30/02 11/04/02 Roy C. Ketcham Higl• 2002CL — 0822 Contractor Joseph Paggi 10/30/02 11/04/02 Proposed Site Improi 2002CL — 0823 Town Board Sandra Kosakowski 10/15/02 10/31/02 Resolutions 280,281, 2002CL — 0824 Joseph Ruggiero Department of 10/30/02 10/30/02 CARES 2002CL — 0825 Mayors and Kevin D. Fish 10/28/02 10/30/02 letter regarding no mi 2002CL — 0826 Charlie Del Bene Harry C. Servisss 10/23/02 10/30/02 Wappinger Water Iml 2002CL — 0827 Graham Foster Mrs. Camille M. 10/15/02 10/17/02 Mathew Ross Insure( 2002CL — 0828 Town Clerk June Wilding, 10/16/02 O'Donnell Builders of 2002CL — 0829 Media,Town Board, Tatiana Lukianoff 11/1/02 Press Release of Sn( 2002CL — 0830 Receiver of taxes ;10/28/2002 Tax Monthly report 2002CL — 0831 Town of Wappinger Peter Paggi 10/24/02 10/28/2002 Lee Knolls IV subi 2002CL — 0832 Carmella Mantello Steve Saland 10/25/20 Hudson River Val 2002CL — 0833 Joseph Ruggiero Albert Roberts 10/30/02 10/31/02 Robert J. Von Be _ r 2002CL — 0834 Thomas Connie Patricia Maupin 10/24/02 10/31/02 School Tax Bill 2002CL — 0836 James Sedore Emanuel F. Saris 10/29/02 10/30/02 Town of Wappinger-F 2002CL — 0837 Scott Sheeley Bergie Leboyitch 10/28/02 10/31/02 Department of Envire 2002CL —0838 Gloria Morse 10/28/02 11/4/02 Watchhill Water Distr 2002CL — 089 Town Clerk Susan Miller 10/31/02 11/4/02 'Public Hearing 2002CL —08 - 40 Joseph Ruqqiero Anthony Ruggiero 11/18/02 Thank you 2002CL — 0841 Joseph Ruggiero Roger Connor 11/13/02 11/19/02 Channel Changes 2002CL -0842' Fred Maute Al Roberts 11/6/02 11/18/02 99-2R Contract 6 2002CL — 0843 Harold Buchner Peter Paggi 11/15/02 11/19/02 Recycle Center 2002CL — 0844 Town Board Dan Harrington _14 11/13/02 11/18/02 Indian Point ; 11/25/2002.RGM 2002CL - 0845 Supervisor & Town Heather Kitchen 11/6/02 11/14/02 October Report 2002CL — 0846 Supervisor & Town Carl Wolfson 11/7/02 October Report 2002CL - 0847 Gloria Morse Ron Young 11/12/02 11/14/02 Liquor License NEW BUSINESS Councilman Colsey wished to discuss H.B. Office Machines on Myers Corners Road. He understands H.B is grandfathered for Business Use. He understands they wish to sell the F property for a different type of business. Is he correct in assuming they cannot move to another nonconforming business use, according to Town Code? Mr. Roberts explained that is not completely accurate. There is an application in front of the Zoning Board for a Use Variance. Under state law, there is a statutory scheme for granting a variance and in order to obtain a Use Variance a property owner has to show that he cannot get a reasonable return for any of the uses permitted in the district the property is located in. Discussion followed. SUPERVISOR RUGGIERO made a motion that the Town Board go on record to the Zoning Board of Appeals that we would not support the Variance of this Use Variance for this property. Seconded by Councilman Paoloni. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Nay VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye Motion Carried NEW BUSINESS Councilman Valdati wished to work more closely with the surrounding principalities so all items that are being discussed in both municipalities are made apparent to all the members of both houses, so we can see if there are items that we can share and collaborate. So far he has not seen one agenda. Councilman Bettina expressed his support in sharing equipment with surrounding :municipalities in order to save money. Mr. Foster replied that we have discussed purchasing a piece of unique piece of equipment with the Town of Fishkill. We also share equipment with the Village of Wappinger. Highway Superintendent wished to inform the Board that ALFREDA DRIVE has not been accepted yet. At this time 9:45 p.m., Councilman Colsey moved to go into Executive Session to confer with L Attorney on a personnel matter seconded by Supervisor Ruggiero and unanimously carried. The meeting reconvened at 10:00 p.m. with all Board Members in attendance. The was no action taken at Executive Session. Councilman Valdati moved to close the meeting seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 10:00 p.m. 15 D 11/25/2002.RGM Gloria J. ors Town erk F -I 16