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2001-12-27 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER DECEMBER 27, 2001 7:30 P.M. 1. SUPERVISOR CALL TO ORDER 2. ROLL CALL, PLEDGE OF ALLEGIANCE TO FLAG 3. REPORT OF OFFICERS, Receiver of Taxes, Super/Compt, Building Inspector, Zoning Administrator, Justice Court, Recreation Reports, Chelsea Boat Ramp, Assessor 4. Accept Minutes of Special Town Board Meeting of October 29, 2001 5. PETITIONS & COMMUNICATIONS a.. Ralph Holt, Recreation Chairman requests permission to encumber $2,756 for purchase of trailer, payable to Congelosi Trailer Sales. b. Recreation Secretary, Peggy Roe request permission to roll over vacation time. C. Jeffrey Cohen, 5 Bellair Lane re: timetable and cost for recently installed sewer. d. LaFonda del Sol 601 Old Route 9 w/request to hook into Phase 3A sewer. e. Jane Weidner, 21 Shale Drive wishes to connect to next phase of sewer when available. f. Huong (Tara) Bocchino, 179 Osborne Hill Road request to hook into Town water ASAP. g. Day, Oswald & Gillespie, PC, re water connection request for Larry Fanton, intersection Montfort & Gold Road. h. Linda Tasadfoy, Assessor re: Mr. Lopez 15 Adams Street overcharge for Wappinger Sewer Transmission II. i. Notification of intent to renew liquor license from Shadow Brook, Inc. j. Request for return of escrow from (1) Lee Anne Freno, 196 Smithtown Road $7,000, driveway. (2) Hans Gunderud, 10 Widmer Road $1,000, driveway. (3) Dutchess Terminal, Inc. $1,000, landscaping. (4) Joseph Emsley, Emsley Subd. Sect. 1$1,324.25, escrow account. k. Notification from New Hackensack Fire District intent to serve as "Lead Agency" for proposed addition to Fire House. 1. Fire Prevention Bureau Chairperson Yvonne Tompkins re: Proposed Driveway Amendments In. Emanuel Saris, Tax Attorney (1) Notice of settlement TGS vs Town of Wappinger, (2) Judicial Intervention request for Herbert Redl vs Town of Wappinger. n. Accept resignation of Christopher Colsey as member of CAC. o. Accept Pop Warner Football Agreement & authorize Supervisor to sign P. DC Department of Planning & Development 2002 Consolidated Plan q. DC Department of Health reports: (1) Indoor Air Quality Incident (2) Wappinger Town Hall (3) Emergency Services Building r. Civil Technologies & Consulting re: (1) Brian & Darci Lomas request approval to hook into Town Sewer (2) Application for review and signature Kent Road & Pippen Lane Sewer Rehabilitation. S. DC Board of Elections certification of votes cast to increase operating budget for Grinnell. t. CAMO Pollution reports (1) Tall Trees Water (2) Tri -Muni Trunk Maintenance. U. Al Roberts, Attorney to Town (1) CRMO Pollution Control Contract Renewal Opinion (2) Melvin Zipes w/ Town of Wappinger (3) Poughkeepsie Joint Water Board Memorandum of Understanding V. Jay Paggi, Engineer to Town reports. (1) 11/27/01 Widmer Road Analysis (2) 11/27/01 Anvil Court (3) 11/29/01 Shamrock Hills Sub. (4) 11/29/01 Alpine Wells (5) 12/11/01 Sherwood Hgt. Maintenance Bond Road Calculation (6) 12/11/01 Water Quality Improvement Project Grant Clean Water Clean Air Act (7) 12/11/01 Proposed Fleetwood II Water District W. Accept Performance Bond in the amount of $15,000 for Tassone Realty. 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zoning Administrator Report 8. RESOLUTIONS a. Set Date for Reorganization Meeting b. Comptroller request for year end transfers C. Resolution authorizing payment of purchases that have not been billed to date d. Adopt Bond Resolution for purchase of Highway Equipment 2001 e. Vacancy on Planning Board ( William Parsons) 01/02 f. Vacancy on Zoning Board of Appeals (Fanuele) 02/02 g. Adopt Local Law exempting Deputy Building Inspector from Residency Q 10. NEW BUSINESS PUBLIC HEARING 7:25 LL EXEMPTING DEPUTY BLDG INSPECTOR FROM RESIDENCY. 12/27/2001.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on December 27, 2001 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Elect, Joseph Ruggiero called the meeting to order at 7:37 p.m. Present: Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Gloria J. Morse, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Constance Smith, Supervisor Joseph Paoloni, Councilman COUNCILMAN RUGGIERO asked all to join in the Pledge of Allegiance to the Flag. REPORTS OF OFFICERS Reports for the month of November were received from the Town Justices, Supervisor/Bookkeeper, Receiver of Taxes, Building Inspector, Zoning Administrator, Assessor, Recreation, and Chelsea Board Ramp Reports. COUNCILMAN BETTINA moved to accept the reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried MINUTES The Minutes of the Regular Meeting of October 29, 2001, having previously been forwarded to the Board Members, was now placed before them for their consideration. COUNCILMAN VALDATI moved the above stated Minutes as submitted by the Town Clerk be and they are hereby approved as corrected. Seconded by Mr. Bettina Motion Unanimously Carried A request from Ralph Holt, Recreation Chairman for permission to encumber funds to purchase a Starlite 83-2035-A w/gate trailer. Mr. Holts expects to have funds left in A-7110.4 contractual and requests permission to transfer $2,756 to A-7110.2 Equipment to make this purchase. The following are quotes received for this purchase. 1. Congelosi Trailer Sales $2,756.00 2. Trailer King $3,516.72 1 12/27/2001.RGM 3. Hudson River Truck & Trailer $3,550.00 Mr. Holt requests permission to obtain a P.O. payable to Congelosi Trailer Sales in the amount of $2,756, they being the lowest quote. COUNCILMAN VALDATI moved to authorize a P.O. payable to Congelosi Trailer Sales in the amount of $2,757.00, they being the lowest quote. Seconded by Mr. Bettina _ Motion Unanimously Carried A memo was received from Peggy Roe, Secretary for the Recreation Department in regard to her un -used vacation time. Upon returning to work full time in October after her recent heart surgery in May, she still had, 28 vacation days, 32 hours personal time, which equated to 5 days and 4 hours, and 1 comp. da y. Since her return to work, she has used some of the comp. time, personal time and vacation time, but because of the year end work load, has not been able to use all her vacation time. Peggy is requesting permission to roll over 19 days of vacation time instead of the 15 days that are normally allowed. COUNCILMAN VALDATI moved to approve Peggy's request to roll over her 19 days of vacation. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Jeffrey Cohen, of 5 Bellaire Lane in regards to the sewers that were installed. Residents were not told when hook-up would officially occur or what the cost would be. He is having trouble with his leach fields, and would appreciate any information that could be provided. Jay Paggi, Engineer to the Town explained that Charlie DelBene called Mr. Cohen and gave him the costs that were in the Map, Plan and Report and the timetable that was reported to the Town Board, and he was satisfied. COUNCILMAN BETTINA moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried A request from La Fonda del Sol of 601 Route 9, to hook into Phase 3A Sewer. Mr. Paggi informed the Board that this has been an ongoing request from this establishment. They have been asked to install a meter in order to monitor their usage. It would then come to the Town Board with a formal request to become a tenant to Phase 3A. It would be given to his office for review, and a recommendation would be furnished to the Board. If the recommendation is positive, it would need to go to the Tri -Municipal Commission. 2 12/27/2001.RGM COUNCILMAN VALDATI moved to authorize Mr. Paggi to draft a letter to LaFonda del Sol detailing requirements. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Jane Weidner of 21 Shale Drive informing the Board that she would like to go on record as being interested in being hooked into the next phase of the sewer expansion when it becomes it becomes available. Mr. Paggi explained that this area is included in one of the scenario's submitted to the Board in October for Phase 3B. COUNCILMAN RUGGIERO moved to add Jane Weidner's name on the list for Phase 3B. Seconded by Mr. Valdati Motion Unanimously Carried A request from Huong (Tara) Bocchino, 179 Osborne Hill Road, to hook into town water as soon as possible, due to the poor quality of her well water. It has an awful odor and she feels its a serious health problem that needs to be addressed as soon as possible. In response to this request, Mr. Paggi informed the Board that they authorized tenancy of this property last summer. She had not formally made a request to become a tenant. Now that the formal request is in, then the tenancy agreement is sent by the Town Clerk's office to the resident and once they sign the tenancy agreement the hook-up is authorized. This tenancy would be to the Fleetwood Water District. Mr. Roberts informed the Board that we need a formal request from the Supervisors office to the Mayor of Fishkill requesting to connect on an emergency basis. Discussion followed. COUNCILMAN BETTINA moved to authorize to send a letter of intent to the Town and Village of Fishkill to allow the residents to extend the water district on Osborne Hill Road. Seconded by Mr. Valdati Motion Unanimously Carried. Correspondence from Brian Stokosa of Day, Oswald & Gillespie, Consulting Engineers, announcing that his firm has been contracted to obtain Dutchess County Board of Health certification for the Larry Fanton parcel which is located at the intersection of Montfort and Gold Road. As part of the approval process, a letter from the town is needed stating that existing central water service located at the edge of the property can be accessed by the home owner. Mr. Paggi informed the Board that that this is an existing lot and existing lots are allowed to tie in to the district. 3 12/27/2001.RGM COUNCILMAN RUGGIERO moved to authorize Engineer to Town and Mike Tremper of CAMO Pollution to investigate and report back to the Board. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Linda Tasadfoy, informing the Board that Mr. Lopez of 15 Adams Street came into see her today in regard to the over charge from _ Wappinger Sewer Transmission II for his home and 3 small parcels which are currently used as roadways. As authorized by the Town Board on November 13th, Ms. Tasadfoy checked into the situation and found Mr. Lopez to be correct. Mr. Lopez gets his service from the Village of Wappingers Falls, but is charged double usage as a tenant of the districts. The total number of benefit units removed from all his properties in the Town of Wappinger comes to 2.55 units. This will have little or no impact on the districts unit charge. Discussion followed. COUNCILMAN RUGGIERO moved to refer this matter to Al Roberts, Attorney to the Town for his comments and recommendations, and report back to the Board. Seconded by Mr. Bettina Motion Unanimously Carried Notification of intent to renew their liquor license was receive from Shadow Brook, Inc., 33 Chelsea Road, Chelsea, NY. COUNCILMAN BETTINA moved to accept the notification and place it on file without comment. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are several requests for the return of escrow. The first is a request from Lee Ann Freno, 196 Smithtown Road $7,000 for driveway. COUNCILMAN VALDATI moved to authorize the return of escrow in the amount of $7,000, to Ms. Freno, based on the recommendation of the Highway Superintendent. Seconded by Mr. Bettina Motion Unanimously Carried 4 A request for the return of escrow in the amount of $1,000 from Hans Gunderud of 10 Widmer Road, for driveway. COUNCILMAN VALDATI moved to authorize the return of escrow in the amount of $1,000, to Mr. Gunderud, based on the recommendation of the Highway Superintendent. Seconded by Mr. Bettina Motion Unanimously Carried 4 12/27/2001.RGM A request for return of escrow in the amount of $1,000 from Dutchess Terminals, Inc. 11 Marist Drive, for landscaping. COUNCILMAN VALDATI moved to authorize the return of escrow in the amount of $1,000, to Dutchess Terminals, Inc., based on the recommendation of the Zoning Administrator. Seconded by Mr. Bettina Motion Unanimously Carried A request for the return of escrow in the amount of $1,324.25 from Joseph Emsley, Emsley Subdivision Section I, Route 376 & Airport Drive, for escrow balance. COUNCILMAN VALDATI moved to authorize the return of escrow in the amount of $1,324.25, to Joseph Emsley, based on the recommendation of the Zoning Administrator. Seconded by Mr. Bettina Motion Unanimously Carried Notification from the Board of Fire Commissioners, New Hackensack Fire District, that they have accepted a "Full Environmental Assessment Form" Pursuant to the applicability of 6 NYCRR, Part 617, to serve as "Lead Agency" for a proposed addition to the New Hackensack Fire House. COUNCILMAN PAOLONI moved to accept the notification and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried. A memo from Mark Liebermann, Fire Inspector informing the Board that the Fire Prevention Bureau met with the Planning Board last month and presented their changes/recommendations for updating Driveway requirements of the Zoning Ordinance. COUNCILMAN BETTINA moved to table to another meeting. Seconded by Mr. Paoloni Motion Unanimously Carried Two items were received from Emanuel Saris, Attorney to the Town appointed to handle Tax Reviews The first concerns TGS v Town of Wappinger. A proposed settlement has been reached, which he and the Assessor feel is in the Town's best interest. COUNCILMAN VALDATI moved to accept the notice of settlement from Mr. Saris and place it on file. Seconded by Mr. Bettina E Motion Unanimously Carried 12/27/2001.RGM Mr. Saris also forwarded, for the Town's records, a copy of Request for Judicial Intervention and Note of Issue in the matter of Herbert Redl v Town of Wappinger. COUNCILMAN VALDATI moved to accept the Request for Judicial Intervention and Note of Issue in the matter of Herbert Redl v Town of Wappinger and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried A letter of resignation was received from Christopher Colsey as a member of , the CAC, effective December 31, 2001. This action is taken due to his recent election to the Town Board. COUNCILMAN BETTINA moved to accept Mr. Colsey's resignation and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is to accept the Pop Warner Agreement for the year 2001 and authorize the Supervisor to sign. COUNCILMAN RUGGIERO moved to forward to Al Roberts, Attorney to the Town for his review and comments. Seconded by Mr. Valdati Motion Unanimously Carried A Legal Notice was submitted for the Board review from the Dutchess County Department of Planning and Development. The Action plan lists the proposed 2002 Community Development Block Grant and HOME Investment Partnership Program projects recommended for funding. Discussion followed COUNCILMAN RUGGIERO moved to refer the notice to Al Roberts, Attorney to the Town for review and comments. Seconded by Mr. Valdati Motion Unanimously Carried. Next are several reports from the Dutchess County Department of Health. The first report concerns an indoor Air Quality Incident that occurred on Dec 11, 2001 in the Town of Wappinger Town Hall. At the time of the field check, this Department observed no odors and found no significant reading with a OVM/PID meter calibrated to isobutylene. They offered several suggestions to help identify or resolve any future odors. Discussion followed. COUNCILMAN RUGGIERO moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried 12/27/2001.RGM Representatives of the Dutchess County Health Department also inspected the Town Hall Facility on November 21, 2001 which revealed the following. 1. The wellhead and treatment equipment appeared to be in satisfactory condition. 2. Nitrate and bacteriological samples were collected at the time of the inspection and found to be satisfactory. 3. Principal organic contaminants results from an approved New York State Laboratory are due to the Department by December 31, 2001. The results are due every six years for non -community facilities. COUNCILMAN RUGGIERO moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The last report concerns the Emergency Services Building which was inspected by a representative of the Dutchess County Health Department November 21, 2001, which revealed the following: 1. The wellhead and treatment equipment appeared to be in satisfactory condition. 2. Nitrate and bacteriological samples were collected at the time of the inspection and results were satisfactory. 3. Principal organic contaminants results from an approved New York State Laboratory are due to the Department by December 31, 2001. The results are due every six years for non -community facilities. COUNCILMAN RUGGIERO moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Civil Technologies & Engineering informing the board that their clients, Brian and Darci Lomas, are submitting a plan to the Dutchess County Health Department for pump station approval, which will discharge into Town Sewer. They are requesting approval to hook into Town Sewer, as the Health Department needs this to base their determination to the pump station approval. Discussion followed. OUNCILMAN RUGGIERO moved to table for further discussion with Mr. Paggi in attendance. Seconded by Mr. Bettina Motion Unanimously Carried Civil Technologies & Engineering also submitted an application in reference to the Kent Road Pippin Lane Sewer Rehabilitation for the Boards review and signature. Discussion followed COUNCILMAN RUGGIERO moved to table for discussion with Mr. Paggi in attendance. Seconded by Mr. Bettina Motion Unanimously Carried h 12/27/2001.RGM Certification from the Dutchess County Board of Elections in regard to the number of votes cast on Election day, November 6, 2001 on Proposition Number Two: Shall the annual contribution of the Town of Wappinger for the operating budget of Grinnell Library Association be increased by $214,874 to the sum $314,874 annually? Total number of votes cast: Total number of YES votes cast: Total number of NO votes cast: Total number of Blank votes cast: 5308 2446 1151 1711 The proposition was PASSED by the votes of the Town of Wappinger. COUNCILMAN RUGGIERO moved to accept the certification and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Several reports from Mike Tremper of CAMO Pollution Control. The first report concerns the possible connection of both the Oakwood and Wappinger Park Water Districts to the larger Central Wappinger Improvement Area. COUNCILMAN VALDATI moved to table to a workshop Seconded by Mr. Bettina Motion Unanimously Carried The second report concerns the Tri -Municipal Trunk Sewer maintenance. While inspecting the line on old Hopewell Road, CAMO personnel noticed surface water extending onto the easement and coming close to surcharging manholes. Further investigation revealed that a beaver had built a dam across Hunter Creek, causing the creek to back up and surcharge the area. If this situation is not rectified, there is a strong possibility that during a severe rain event or snow melt, the surface water could surcharge the manholes and cause surface water to enter the Tri -Municipal lines. Discussion followed. COUNCILMAN RUGGIERO moved authorize the Highway Superintendent and Mike Tremper to research as to what steps can be taken and report back to the Board. Seconded by Mr. Bettina Motion Unanimously Carried At the last meeting Al Roberts, Attorney to the Town was authorized to review the CAMO Pollution Control Contract for his review and comments. He has reviewed the contract and finds it to be the same as the prior contract. As a general rule, Town Boards are without authority to bind future Town Boards in the absence of an express statutory authority (in this case, two years). This Contract has worked well for the town, fixing costs and E:3 12/27/2001.RGM providing financial stability over the term of the Contract. Accordingly, Mr. Roberts would recommend that a sentence be adding to Article II (Terms) as follows: "Commencing with the calendar year beginning January 1, 2004, this Contract will be subject to funding appropriation by the Town Board. COUNCILMAN BETTINA moved to approve the Contract, subject to amendments, and authorize the Supervisor to sign. Seconded by Mr. Valdati Motion Unanimously Carried The next report from Mr. Roberts concerns Melvin Zipes w/Town of Wappinger. Mr. Roberts explained that Mr. Zipes worked as a data collector part time for the Assessors office. He applied for unemployment and it was denied, and he appealed it. There was a hearing, and he went to court and lost on all counts. This is a final confirmation from the Appellate Court. COUNCILMAN RUGGIERO moved to accept the confirmation and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried The last report from Mr. Roberts concerns the Poughkeepsie Joint Water Board Memorandum of Understanding with the Town of Wappinger. Mr. Roberts attached a letter from Tony Quartararo in response to our request inquiring whether or not the Capital Recovery Charges could be paid separately, rather than included in the bulk sale price of the water. Mr. Roberts explained, since this is in negotiations, he would prefer to have this tabled to the first of the year. COUNCILMAN RUGGIERO moved to table to the January Workshop. Seconded by Mr. Valdati Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. The first report concerns the Widmer Road Analysis. Mr. Paggi was authorized to perform an analysis of the roadway conditions along Widmer Road between the proposed easterly and westerly Cranberry Hills entrance. The analysis outlined what improvements would be necessary to bring that section of existing roadway into compliance with Town Highway Specs, and engineering design practices. Mr. Paggi estimated that the Total Construction costs (in November 2001 dollars) is $239,000. The Total Project Cost (including land acquisition costs and professional fees) is estimated to be $330,000. Discussion followed COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Bettina �i 12/27/2001.RGM Motion Unanimously Carried Next is the Anvil Court water project. Mr. Paggi informed the board that the project is complete and in use. The original estimated project cost from his report dated January 3rd, 2001 was $54,000. From the bid recommendation and award letter of June 20th 2001, the project cost increased to $57,000. The final project cost has come in at $51,970. This equates to a one time yearly per benefit charge of $113.13, or four (4) quarterly payments of $28.28. This is down approximately $4.00 per year per benefit unit from the original estimated amount. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The next report from Mr. Paggi is in response to questions regarding water and sewer availability for Shamrock Hills Subdivision submitted by Mr. Povall III, Engineer for the Subdivision. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Bettina. Motion Unanimously Carried The next report concerns the Alpine Wells. As a follow-up to previous correspondence dated November 5th, 2001. Mr. Paggi obtained all pertinent qualitative data for Alpine wells from the DC Health Department to cover the period from 1992 to the present. Results indicate only minimal Maximum Contaminant level (MCL) violations for lead and copper content (both distribution and source). All other parameters were within acceptable ranges. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried At the December 10th meeting, Mr. Paggi was instructed to calculate the maintenance bond for that section of Sherwood Heights from the top of the hill down to Peel Lane. After researching his files, he found that the performance bond that was placed for this section during May, 1997 was $85,506.00. Twenty percent (20%) of that is equal to $17,112.00. Which would be the normal maintenance bond. It was also noted that twenty (20) street trees were supposed to be installed as part of the roadway construction. This work should be done and coordinated with the homeowners and Mr. Foster's office. COUNCILMAN VALDATI moved to accept the report and place it on file. M17 12/27/2001.RGM Seconded by Mr. Bettina Motion Unanimously Carried The next report is in reference to the Grant that was submitted on August 10, 1999 for Phase 3A of the Wappinger Sewer Transmission Treatment Improvement under the Clean Water/Clean Air Bond Act. The specifics of the grant application were subsequently updated via a revised request for funding to the NYSDEC on October 30th, 2000. All projects that requested funding during fiscal year 2000-2001 which did not ultimately receive funding, do not need to reapply. The Town's application is still on file, and will be automatically reconsidered for this years funding. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried At the last Town Board meeting, Mr. Paggi was authorized to investigate the status of the Osterc property in regard to the Proposed Fleetwood II Water District. Mr. Paggi informed the Board that this parcel of land on Osborne Hill road is included in the expanded Fleetwood II Water District as defined in his Map, Plan and Report dated July 2001. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Next is to accept the Performance Bond in the amount of $15,000 for Tassone Realty. COUNCILMAN BETTINA moved to accept the Performance Bond in the amount of $15,000 for Tassone Realty. Seconded by Mr. Valdati Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN VALDATI had no reports at this time. COUNCILMAN BETTINA had no reports at this time. COUNCILMAN RUGGIERO reported that the transition committee is receiving a tremendous amount of cooperation from the Town employees and professionals. It has not been an easy transition, and he wishes to thank everyone. One of the items he has been working on is stationery. We are going to get standardized stationery for the town hall. Each department head and councilman will have their own stationery. One of the suggestions that did come up from the employees is photo ID cards for employees who go out in the field. They show up on peoples property, and are being questioned by the property owners. He has been in contact with the security system of 11 12/27/2001.RGM the building, and has asked for proposals. He is upgrading the alarm system that will interact with their ID, so certain key management people will have access to the building. One of the resolutions he is proposing tonight for the council is a transition resolution regarding the locks and security, because the locks have not been changed in sixteen years. The swearing in ceremony has been set for January 1, at 2:00 p.m. We will also have a color guard representing each of the fire houses in the Town of Wappinger, as well as the State Troopers and County Sheriffs Department in Wappingers Falls. We are going to recognize a New York City fire fighter who lives in the Town of Wappinger and was instrumental in rescuing people from the World Trade Center on September 11th. The following Resolution was offered by COUNCILMAN RUGGIERO and seconded by Mr. Bettina. WHEREAS, effective January 1, 2002, a new Administration for the Town of Wappinger will take office; and WHEREAS, the regular hours for the conduct of business in Town Hall are from 8:30 a.m. until 4:00 p.m., Monday through Friday; and WHEREAS, the Town Board has previously determined that it is necessary to change the security identification code for the Town Hall security/alarm system and to change the locks to Town Hall and, accordingly, the Town Board had previously authorized Supervisor Elect, Joseph Ruggiero to take the necessary steps to have the locks changed and the security code changed; and WHEREAS, the Town Board wishes to confirm the prior authorization given to Supervisor elect Ruggiero. NOW, THEREFORE, be it resolved as follows: The Town Board hereby determines and directs as follows: 1. The Town Board hereby determines it is necessary to change the locks to Town Hall and to change the security identification code for the Town Hall security/alarm system. 2. It is hereby confirmed that Supervisor Elect, Joseph Ruggiero is authorized to take whatever steps are necessary to have the security identification code to the security/alarm system changed and the locks changed effective 5:00 p.m. on December 31, 2001 or as soon as practical thereafter, and the Town Board further directs that the new security identification code will be provide to Supervisor Elect, Joseph Ruggiero, Town Clerk, Gloria Morse, and Highway Superintendent, Graham Foster immediately upon the changing of the locks and the changing of the security identification code. 12 12/27/2001.RGM 3. If Supervisor Constance O. Smith requires access to Town Hall between 5:00 p.m. and midnight on December 31, 2001, she is authorized to make arrangements for such access with Town Clerk, Gloria Morse, Highway Superintendent Graham Foster, or Supervisor Elect Joseph Ruggiero. 4. New keys and the new security code will be issued to elected officials and Town employees authorized to have keys and the security code at 8:30 a.m. on Tuesday, January 2, 2002. 5. If any other Town officials or Town employees require access to the building between 5:p.m. on December 31, 2001 and 8:30 a.m. on January 1, 2002, arrangement s for access to the building must be make with Town Clerk, Gloria Morse, Highway Superintendent, Graham Foster, or Supervisor Elect, Joseph Ruggiero. The foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance O. Smith, Supervisor voting Absent Robert L. Valdati, Councilman voting Aye Joseph Ruggiero, Councilman voting Aye Vincent Bettina, Councilman voting Aye Joseph Paoloni, Councilman voting Absent Resolution adopted. BONDS & LETTERS OF CREDIT Tatiana Lukianoff, Zoning Administrator, submitted a report for the month of November on the schedule of Bonds and Letter of Credit on the various subdivisions, the amounts, expiration dates and call up dates. COUNCILMAN RUGGIERO moved to accept the report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Attorney to the Town, Al Roberts to send a letter to Mr. Kablaoui regarding his Bond. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS Next is to set the date for the Reorganization Meeting. COUNCILMAN RUGGIERO moved to set the Reorganization Meeting for Wednesday, January 2, 2002 at 7:30 p.m. The year end meeting is tonight. Seconded by Mr. Valdati Motion Unanimously Carried It was so noted that, as this is the Annual Meeting, the next item on the Agenda is therefore to be considered as the final accounting to close the 13 12/27/2001.RGM Books. It provides for the final transfer of funds to cover any expenditures, overdrawing any accounts and to encumber funds for expenditures for which billing has not yet been received. Therefore, Gerald Terwilliger, Comptroller has forwarded the following transfer of funds for Town Board approval for an orderly closing of the 2001 Books. The following Budget transfers are necessary to cover projected expenditures to year end: 1. General Fund - Transfer Increase A1110.2 Justice Court -Equipment A1110.4 Justice Court/C.E. A1315.4 Comptroller/C.E. A1330.4 Tax Collector A1620.41 Telephone A1620.45 Miscellaneous/C.E. A1620.47 Carpet A1660.4 Central Storeroom A1670.4 Central Printing/Mailing A1680.4 Central Data Processing A1990.5 Educational Expenses/C.E A9010.8 State Retirement Decrease A1680.2 Central Data Processing/Equip A1910.4 Unallocated Insurance A1930.0 Judgement/Claims A0905.8 Unemployment Insurance ;"a 815.00 1,500.00 100.00 600.00 5,000.00 12,000.00 1,136.00 5,864.00 7,000.00 15,000.00 100.00 300.00 815.00 13,500.00 34,800.00 300.00 TO COVER EXPENDITURES THROUGH 12/31/2001 2. General Fund - Outside Village - Transfer Increase B1420.4 Attorney $ 29,000.00 B1440.4 Engineer 6,000.00 B3410.4 Fire Prevention/C.E. 200.00 B8160.4 Refuse & Garbage/C.E. 10,500.00 Decrease B1990.4 Contingent Account 35,200.00 B8162.4 Recycle/C.E. 10,500.00 TO COVER EXPENDITURES THROUGH 12/31/2001 3. Highway Fund - Transfer Increase DB9010.8 State Retirement Decrease DB9040.8 Worker Compensation 4. General Fund - Outside Village - Budget Amendment Increase B2590 Building Permits Increase B8020.4 Planning/C.E. 5. Highway Fund - Budget Amendments R 3,000.00 3,000.00 25,000.00 25,000.00 Increase DB3501 Consolidated Highway Aid $ 103,748.76 Increase DB5110.4 General Highway Repairs 22,082.88 Increase DB5112.4 Improvements -CHIPS Program 81,665.88 14 n 12/27/2001.RGM TO ADJUST BUDGET FOR CHIPS IMPROVEMENT AID RECEIVED 6. Ambulance Fund - Budget Amendment Increase AM2401 Interest & Earnings $ 250.00 Increase AM1930.0 Judgements/Claims 250.00 TO ADJUST BUDGET FOR D.C. CHARGEBACK 7. Sewer Improvement Area #1 Increase SI2401 Interest & Earnings 500.00 Increase SII930.0 Judgements/Claims 500.00 8. Wappinger Sewer Trans./Treat. #1 Budget Amendment Increase SP2401 Interest & Earnings 600.00 Increase SP1930.0 Judgements/Claims 600.00 9. Wappinger Sewer Trans/Treat. #2 Budget Amendment Increase SP2401 Interest & Earnings 125.00 Increase SP1930.0 Judgement/Claims 125.00 10. Cranberry Water - Budget Amendment Increase WB2401 Interest & Earnings 25.00 Increase W131930.0 Judgment/Claims 25.00 11. Central Wappinger Water - Budget Amendment Increase WC2401 Interest & Earnings 60.00 Increase WC1930.0 Judgement/Claims 60.00 12. Central Wappinger Water Emergency 99-1 Amendment Increase WC2401 Interest & Earnings 25.00 •• Increase WC 1930.0 Judgment & Claims 25.00 13. Fleetwood Water Increase WF2404 Debt Service Earnings 800.00 Increase WF9710.7 Serial Bond Interest 800.00 COUNCILMAN VALDATI moved to authorize the above transfers and encumbrances as requested by Comptroller, Gerald Terwilliger, and authorize any blanket approval to balance any accounts that may be necessary to balance out 2001. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize the Comptroller to cover purchases that have not been billed to date. Seconded by Mr. Valdati Motion Unanimously Carried Next is to adopt the Bond Resolution for purchase of Highway Equipment for 2001. Mr. Roberts informed the Board that he reviewed the audio tape meeting to adopt this Bond Resolution. It was introduced, and a Public Hearing was also set. Technically, this was incorrect. We need a motion to 15 12/27/2001.RGM rescind this Resolution and move to adopt the Resolution as drafted by Bond Council, Thomas Rothman. COUNCILMAN RUGGIERO moved to repeal the prior Resolution of the Bond Council with the stipulation of a Public Hearing being unnecessary. Seconded by Mr. Valdati Motion Unanimously Carried Next are vacancies on the Planning Board and the Zoning Board of Appeals COUNCILMAN RUGGIERO moved to table the vacancy's on the Planning Board and Zoning Board of Appeals to the Reorganization meeting and advertise. Seconded by Mr. Bettina Motion Unanimously Carried A Public Hearing having been held on a Local Law exempting the Deputy Building Inspector from residency requirements imposed by the State of New York, the matter of its adoption was now placed before the Board for their consideration. The following resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mr. Bettina. LOCAL LAW #7 OF THE YEAR 2001 EXEMPTING THE POSITION OF DEPUTY BUILDING INSPECTOR OF THE TOWN OF WAPPINGER FROM RESIDENCY REQUIREMENTS IMPOSED BY NEW YORK STATE TOWN LAW SECTION 23 A Local Law entitled "Local Law Exempting the Position of Deputy Building Inspector of the Town of Wappinger from Residency Requirements Imposed by New York State Town Law Section 23". BE IT ENACTED, by the Town Board of the Town of Wappinger as follows: Section I: Title: Local Law Exempting the Position of Deputy Building Inspector of the Town of Wappinger from Residency Requirements Imposed by New York State Town Law Section 23. This Local Law shall be know and cited as Town of Wappinger Local Law No. 7 of 2001, entitled "Local Law Exempting the Position of Deputy Building Inspector of the Town of Wappinger from Residency Requirements Imposed by New York State Town Law Section 23" Section II: Legislative Intent: The Town Board acknowledges that Section 23.1. of the New York State Town Law requires every officer of the town at the time of his appointment and throughout his term of office to be an elector of the town. However, Section 23.1. of the Town Law has exempted the residency 16 12/27/2001.RGM requirement for the Deputy Building Inspectors employed by the Town of North Salem, County of Westchester, New York. Section 10 of the Municipal Home Rule Law of the State of New York authorizes a town to adopt by local law for its own purposes, any statutory provision, amendment or exemption which has been expressly authorized by the State Legislature for any other named town, thereby superseding general statutory provisions to the contrary. Moreover, the Town Board recognizes that the Town of Wappinger benefits from the residence of its officers within the Town including, but not limited to, benefits realized by fostering an increased sense of community. However, the Town Board has determined that the position of Deputy Building Inspector is one that requires special skills and training. Moreover, in light of these requirements for special skills and training, it is the determination of the Town Board that any benefits that accrue from the residency within the Town of its Deputy Building Inspector are outweighed by the importance of filling the position of Deputy Building Inspector with the best qualified candidate. Accordingly, the Town Board has decided to enact a local law exempting the position of Deputy Building Inspector from the residency requirements imposed by New York State Town Law Section 23. The Town Board also notes that the Deputy Building Inspector is sometimes referred to as the Assistant Building Inspector. Section III: Exemption of the Residency Requirement for the Deputy Building Inspector. In accordance with the Legislative Intent noted above, the person appointed to the position of Deputy Building Inspector (sometimes referred to as the Assistant Building Inspector) in the Town of Wappinger shall not be required to be an elector or resident of the Town of Wappinger in order to hold and serve such position. Section IV: Separability. The provisions of this Local Law are separable and if any provisions, clause, sentence, subsection, word or part thereof is held illegal, invalid or fir+ unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, works or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provisions, clause, sentence, subsection, work or part had not been included therein, and if such person or circumstance to which the 17 12/27/2001.RGM Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Supersession. Pursuant to Municipal Home Rule Law Section 22, the provisions of this Local Law are intended to supersede any inconsistent or contrary provisions contained in the New York State Constitutions or in Town Law Sections 20 and 23, or Public Officers Law Section 3. Section VI: Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Motion Unanimously Carried There was no other business to come before the Board COUNCILMAN BETTINA moved to close the Town Board meeting seconded by Mr. Valdati and unanimously carried. The meeting adjourned at 8:45 p.m. C irk Gloria Town I 12/27/2001.RGM WHEREAS, it has come to the attention of the Town Board of the town of Wappinger that the most qualified candidate for the position of Deputy Building Inspector of the Town of Wappinger is not a resident of the Town; and WHEREAS, the Town Board is aware of the residency requirements imposed by Section 23 of the New York State Town Law; and WHEREAS, the Town Board is also aware that Section 23.1 of the New York State Town Law exempts from residency requirements the position of Deputy Building Inspector of the Town of North Salem, Westchester County, New York; and WHEREAS, the Town Board has determined that in light of the special skills and training required of a Deputy Building Inspector, any public benefits that accrue by virtue of requiring the residency of the Deputy Building Inspector of the Town of Wappinger are outweighed by the importance of obtaining the most qualified person to fill the position. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law # of the Year 2001 in the form annexed hereto. 2. 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©(27) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law #6 of 1992 or pursuant to 6 NYCRR Part 617. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law #_of 2001 to be held 19 12/27/2001.RGM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the day of November, 2001 at p.m., and that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor voting aye Robert Valdati, Councilman voting aye Vincent Bettina, Councilman voting aye Joseph Ruggiero, Councilman voting aye Joseph Paoloni, Councilman voting aye The Resolution is hereby duly declared adopted. 20 r I Ij F F� 12/27/2001.PH A Public Hearing was held by the Town Board of the Town of Wappinger on December 27, 2001, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on a proposed Local Law Exempting the Position of Deputy Building Inspector of the Town of Wappinger from Residency Requirements Imposed by New York State Town Law Section 23. Supervisor Elect, Joseph Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina, Councilman Gloria J. Morse Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Constance Smith, Supervisor Joseph Paoloni, Councilman The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). There were no comments or questions from the audience. COUNCILMAN BETTINA moved to close the Public Hearing, seconded by Mr. Valdati The Public Hearing closed at 7:36 P.M. Motion Unanimously Carried Glo ria J. M se eTown Cler TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW EXEMPTING THE POSITION OF DEPUTY BUILDING INSPECTOR OF THE TOWN OF WAPPINGER FROM RESIDENCY REQUIREMENTS IMPOSED BY NYS STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF 0601"Wel That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on December 13, 2001, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law exempting the residency requirements for the position of Deputy Building Inspector, on the signboard 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. GLORIA J. M6,RSE Town Clerk;/ Town of Wappinger Sworn to before me the day of12 ,2001 i � ���I I ,1.11 �`•! i i i �:". (:. I i .. . NCt -F -F a_ 4Z; -t %.,F 1. t o -F F> u b 3. 1. C .� t -1 o " I'(' WN ,i: ,'s 1.,.. �:�i I'dL_(:,I '1'O1`1. ;• , IL 1 1>ir'1. 11<�! rlI.1W; l..l< .L .LI' (i''ID ci ll(_1 r ;11411 !<.I. PE I1t,U1_i.II. r'!•!,I,J 11..4.,k1, 11.I,1f `i :1'IEs'I ' (i:;1jl il:^i: aT"I l.l; i= �LNts)_IR . _ J^ i.. I^,4: t.'.f )l,t •I I1. (")IIib_ - _� s ..( 1.. Ci I fir,-..") `I U�'�IA . ,�i II�.� w -I ,L +: it 1 ! l :-'. a,111 1; x: i - l fil!i; it .. fd<:-l.l•.: i.;TI1 . l" l b101, II 1. 0 1;1e e Ific, ! II L:.: )."f. I1 (J v l) I t;'l:(j?171ber r C�� R RENA WRIGHT Notary Public State of New York No. 5083355 Qualified In Dutchess County Commission Expires Aug 11 G5 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTCE IS HEREBY GIVEN the T�IBoardoltheTownclWapP ger will conduct a PUBLIC HEARING on the 7.25 p.m. at the Town HalOf l, ToOwn of Wappinger, 20 Middlebush Road, Wappingers Falls, Newyork, at which time all partk5 h In}orr t d citizens o be heard shall hew an opporl Y as to whether the Tovrn Board of the Town of Wappinger shall adopt a pro- posed Local Law, enlilled'Local Law Exempting the Deputy Building Inspector the Tonof Wappinger from Residency Require menta Imposed by New York State Town Law Section 23'. PLEASE TAKE FURTHER NOTICE that the purpose and Intent of the pro- posed Local Law Is to allow the Town Board to appoint as Deputy Building Inspector of the Town of Wappinger,.• the moson�is5 nota resident of the 'even If tht.pe s Town of Wappinger. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617.5 (c) (27) the proposed adoption of the aforementioned Local Law Is a Type 11 action not requiring environmental review pursuant to the State Erviron- mental Quality Review Act (SEORA) I or pursuant to Local Law M 6 01 1992 review has been undertaken.ly. no mental PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law M_ of theYear 2001 are avail" able for review and Inspection at the Office of the Town Clerk on weekdays Towns Msll, 20 tMiddlo 4:0ebu h Road, Wappingers Falls, New York, Dated: December 2, 2001 BY6RDER OF THE TOWN BOARD OF THE TOWN OF WAPPiNNGER Gloria Morse, Tow Clerk