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2006-02-13 RGM
Town of Wappinger Town Board Meeting February 13, 2006 7:30 PM Final Agenda 7:30 PM Meeting called to order on February 13, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. Call to Order Swearing in of New Councilmember RESOLUTION: 2006-43 Resolution Appointing Town of Wappinger Councilmember Suspension of Rules Public Hearings Minutes Approval December 12, 2005 Regular Meeting December 19, 2005 Special Meeting Discussions Health Insurance Bids - Dave Tully Fleetwood Water - Jay Faggi Resolutions RESOLUTION: 2006-44 Resolution Naming Entrance to Carnwath Farms Lane RESOLUTION: 2006-45 Resolution Authorizing Refund of Unused Escrow for 308 Baxtertown Road i RESOLUTION: 2006-46 Resolution Authorizing Escrow Refund for 17 Theresa Boulvard RESOLUTION: 2006-47 Resolution Authorizing Town Clerk to Attend Conference RESOLUTION: 2006-48 Resolution Authorizing Director of Code Enforcement to Attend Class RESOLUTION: 2006-49 Resolution Authorizing Highway Superintendent to Allow the Public to Go Out to Bid for Surplus Town of Wappinger Equipment RESOLUTION: 2006-50 Resolution Authorizing Highway Superintendent to Spend Highway Funds for Road Paving RESOLUTION: 2006-51 Resolution Authorizing Budget Amendment RESOLUTION: 2006-52 Resoluton Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2005 RESOLUTION: 2006-53 Resolution Authorizing Code Enforcement Officers and Fire Inspector to Attend Annual Hudson Valley Enforcement Officials Conference RESOLUTION: 2006-54 Resolution Appointing Recreation Secretary and Establishing Salary RESOLUTION: 2006-55 Resolution Accepting a Performance Agreement Secured by Letter of Credit for Tuscany Subdivision RESOLUTION: 2006-56 Resolution Authorizing the Execution of the Agreement Between the Town of Wappinger and the Town of Wappinger Little League Association RESOLUTION: 2006-57 2 Resolution Authorizing the Execution of the Contract Between the Town of Wappinger and the Wappinger United Soccer Club RESOLUTION: 2006-58 Resolution Rescinding the Authorization to Issue Two Million Four Hundred and Ninety -Six Dollars ($2,496,000.00) Serial Bonds for the Town Recreation Center RESOLUTION: 2006-59 Resolution Introducing Local Law No. _ of the Year 2006 Amending Town Code §122-16 Increasing Certain Inspection and Permit Fees and Adding Additional Inspection and Permit Fees" RESOLUTION: 2006-60 Resolution Authorizing the Execution of an Extension Agreement Between the Town of Wappinger and the County of Dutchess for a Transportation System for Senior Citizens and Handicapped Individuals RESOLUTION: 2006-61 Resolution Approving the Hiring of Winter Recreation Employees and Establishing Salaries RESOLUTION: 2006-62 Resolution Rejecting All Bids for Extension NO. 1 to the Fleetwood Water District RESOLUTION: 2006-63 Authorizing Payment of Costs for Association of Towns Atendees RESOLUTION: 2006-64 Resoluton Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2006 New Business Executive Session Inter City Tire Absolute Properties 3 �1 Town of Wappinger Chris Masterson 20 Middlebush Road Telephone: (845) 297-5771 Wappingers Falls, NY 12590 Town Board Meeting of February 13, 2006 Wappingers Falls, NY 7:30 PM Meeting called to order on February 13, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. Attendee Name ©rniX�rtQn Title S#a#us I Arrivedl' _]oseph...._Ru.gg.iero..................................._Town..._of Wa.P.Pin..�er........ ..........4. '..._Supervisor.._................. Present .Vincent Bettina Town of Wappinger ......... _. _... .............................................................................._............................................. 1 Councilman i................................................. ;Present 0 Wa.pDinger........................_Counci_I_m_an...................._.........1 .................................... ,............... ....._..... .......... {................. ......... ............................... Late 8:03 PM .............._...._.................Town..._of Maureen McCarthy Town of Wappinger 1 Councilwoman ......................................................................... 1 Present Call to Order Swearing in of New Councilmember ✓ Vote Record -Motion, to tabie resolution 20QG3 43 = ........................................................................ _.............. j Yes/Aye No/Nay ' Abstain Absent _........................................................................................................,............................................ 0 Adopted Yes�Aye Yes/Aye...,_ No/Nay Abstain Absent...... 0 Adopted ...................................... __..........._...._ -- Joseph Ruggiero ;Voter 0 ❑ i ❑ ! ❑ ❑ Defeated Vincent Bettina I Initiator ® I Seconder , m i.. ❑ Withdrawn Joseph Voter Jose .................. -a..........__....._!..................._.................._T...__...___._.................... ......._.__....._......_.._...................................................................._................................................................_............................................................_......_:...._...._............................................................................... Jos e..h Paoloni Voter ._h.._Paolon.. ._.__}}................................................. Maureen McCarth I Seconder ........_........._.._................... ® . ................:......................_�....................:................_0................... ❑ I ❑ ❑ Suspension of Rules Vote Record - Motion to sus end rules for ubllc comment on theagenda items the rules ........................................................................ _.............. j Yes/Aye No/Nay ' Abstain Absent _........................................................................................................,............................................ 0 Adopted Yes�Aye !49/.N. I Abstain Abs❑ent.... m Adopted Joseph Ruggiero i Voter i ..........................................._.._._......-..._._._...... Paoloni _............................._................._.................................................................................._;...............................................;............................................ Voter❑ 0..................._..................._.........._........................_m................... {...... ® Maureen McCarth ❑ Defeated Vincent Bettina I Seconder , m i.. 0 ❑ Maureen McCarth ❑ Withdrawn ......._.__....._......_.._...................................................................._................................................................_............................................................_......_:...._...._............................................................................... Jos e..h Paoloni Voter !! ❑ Iz ..._P....................................__................................ Maureen McCarthyInitiator ........................................._❑...._..............` m I .......................... ❑ ........ ............:......................... ❑ ............. ...... ❑ There were no comments from the public on the agenda items. ✓ Vote Record - Motion to reinstate; the rules ........................................................................ _.............. j Yes/Aye No/Nay ' Abstain Absent _........................................................................................................,............................................ 0 Adopted Joseph.._ R'J.9.9.iero_....._......_...._Voter......_.......__...;........_..._...__�......._....._.._..! _.... ._... J ❑ Defeated Vincent Bettina ................. ._�.....................�..................._�....................j................_�................... seconder I m ' ❑ ❑ ❑ ❑ Withdrawn ..........................................._.._._......-..._._._...... Paoloni _............................._................._.................................................................................._;...............................................;............................................ Voter❑ 0..................._..................._.........._........................_m................... {...... ® Maureen McCarth Initiator f Minutes Approval December 12, 2005 Regular Meeting December 19, 2005 Special Meeting ✓ Vote Record - Motion to app rove the Minutes for 12=12-2005 and 12-19-2005 Yes[Aye No[Nay Abstain Absent 4 Adopted _.... ._... J ....----._...................,................................. _ .t ❑ Defeated ... Vincent Bettina ,.............__. _._...._.__.............................................................. Seconder {...... ® _........................................................................... }... ................... ❑ ❑ ❑ ❑ Withdrawn Jose._h.._Paoloni Voter ................................._...._..............................................................._............._m................... Maureen McCarth Initiator ® I ❑ i ❑ ❑ 2006-02-13 07:30 PM Page 1 Town of Wappinger - Minutes Discussions Board Meeting of February 13, 2006 Health Insurance Bids - Dave Tully Health Insurance Bids - Dave Tully of Advantage Benefits Consulting gave a presentation on several Health Insurance Plans available for the Town Hall Employees. The Plan that was ranked Number #1 in customer satisfaction was CDPHP. The co -pay is the same as the current MVP but does not require a referral. This Plan also calls for a $240 co -payment for Hospital care. He also went over another CDPHD Plan that was a cheaper Plan but required a $25 physicians co -pay and called for a $500 co -payment for Hospital care. The Prescription maximum on both plans is $2,000 per year. Discussion followed. Fleetwood Water - ]ay Paggi Fleetwood Water - Supervisor Ruggiero explained that even though bids were rejected for the project residents will still be able to hook into town water at their cost because they can connect to the laterals on the side of the roads. All this project was going to do was to build laterals on the side of the road. It was recommended because we had sufficient bonding in place to do this and allow residents when they are ready to hook in to the laterals because we have made provisions with Fishkill and they can hook in when and if they wish. The only cost to them would be going from their house out to the lateral. Mr. Paggi, Engineer to the Town announced anyone hooking in would need to notify the Building Department and get a Building Permit. Also, because it is on a County Road, would need a permit from the Dutchess County Department of Public Works. Supervisor Ruggiero will send a letter out to the 24 residents informing them that they have the option to tie into the lateral if they wish. Mr. Roberts, Attorney to the Town will prepare a formal resolution stating this. Resolutions RESOLUTION: 2006-44 Resolution Naming Entrance to Carnwath Farms Lane At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Councilmembers - ABSENT: Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, During the process of naming private roads, 911 improperly named the entrance road to Carnwath Farms, Cobblestone Road. The name Cobblestone Road also exists as the name of a private driveway off River Road North, and WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has requested in his letter dated January 16, 2006 a copy of which is attached hereto, to formally name the main 2006-02-13 07:30 PM Page 2 JP� Town of Wappinger - Minutes Board Meeting of February 13, 2006 entrance road at Carnwath Farms located off Wheeler Hill Road to Carnwath Farms Lane, and NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes formally naming the Carnwath Farms main entrance road to Carnwath Farms Lane. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolution 2006-44 m AdoptedYes/Aye .. i No/Nay i Abstain Absent 11Adopted as Amended Joseph Ruggiero Voter m I ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator ® I O ❑ ❑....... ❑ Tabled ...._..._................................................................................._._._........................_.............. Joseph Paoloni Voter ...............,......................................................................................................................................... m I ❑ ❑ ❑ ❑ Withdrawn _ _.........i Maureen McCarth ..........................._... Seconder ..............................._......._..................................................:..................o.................. T m ; ❑ ❑ RESOLUTION: 2006-45 Resolution Authorizing Refund of Unused Escrow for 308 Saxtertown Road At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Councilmembers - ABSENT: Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, on or about October 23, 2003 Susan Valardi deposited One Thousand and 00/100 ($1000.00) escrow with the Town of Wappinger for seeding at 308 Baxtertown Road, and WHEREAS, Ms. Susan Valardi has requested a refund in the amount of One Thousand and 00/100 ($1000.00), and has been recommended by Richard Travis, Code Enforcement Officer, in letter dated December 19, 2005 to the Town of Wappinger Town Board. 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 dollars ($1000.00) made payable to Susan Valardi Account Number P00480, for the refund of the unused escrow deposited for the property located at 308 2006-02-13 07:30 PM Page 3 Town of Wappinger - Minutes Board Meeting of February 13, 2006 Baxtertown Road. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. Vote Record -'Resolution 2006-45 El Adopted ............................................................................................................ Yes/Aye ...i...._No/Nay z I Abstain Absent .. ..... ❑ Adopted as Amended Jose h Ru iero _.____....Voter P 98 : .............0 i ❑ ❑ .... .................... _......i ❑ ...0. ....... ❑ Defeated Vincent Bettina ❑ Tabled .......................i....Initiator............,........................................................................................................................................................ Jose...h.._Paoloni Voter 2 ......................................_0.................._•::................_................. ❑ Withdrawn ...............P............................:..................................................i....................._.....................;..................... Maureen McCarth Seconder ❑ ❑ RESOLUTION: 2006-46 Resolution Authorizing Escrow Refund for 17 Theresa Boulevard At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Councilmembers - ABSENT: Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, on or about July 16, 2003 Mr. Jack Duhamel deposited Four Thousand and 00/100 ($4000.00) escrow with the Town of Wappinger for paving a driveway at 17 Theresa Boulevard, and WHEREAS, Mr. Jack Duhamel has requested a refund in the amount of Four Thousand and 00/100 ($4000.00), and has been recommended by George Kolb, Director of Code Enforcement in letter dated December 19, 2005 to the Town of Wappinger Town Board. 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 Four Thousand and 00/100 dollars ($4000.00) made payable to Jack Duhamel Account Number 2002-0786, for the refund of the unused escrow deposited for the property located at 17 Theresa Boulevard. 2006-02-13 07:30 PM Page 4 7�1 Town of Wappinger - Minutes Board Meeting of February 13, 2006 Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolittilon 2005-46 0 Adopted ............................................................... i Yes/Aye Abstain Absent ❑ Adopted as Amended Joseph Ruggiero $Voter 0 ❑ Defeated Vincent Bettina ..................................................................... ......._ (Initiator ......... 0 O ❑ ❑ Tabled Joseph Paoloni .........................1 Voter..._._.:. 1 ® f...................0 . ❑ ❑ Withdrawn Maureen McCarthySeconder _..................... ....:...............................................:............................................................................................ ® ❑ ❑ ❑ RESOLUTION: 2006-47 Resolution Authorizing Town Clerk to Attend Conference At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: ABSENT: Supervisor Councilmembers - Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, the Town Board received a letter by John C. Masterson, Town Clerk, dated February 8, 2006 a copy of which is attached hereto, requesting authorization to allow John C. Masterson, Town Clerk, to attend the New York State Town Clerks Association Conference, which will be held on April 23, 24, 25, 26 at the Saratoga Hotel and Conference Center in Saratoga Springs, New York, and NOW, THEREFORE, BE IT RESOLVED, that John C. Masterson, Town Clerk, is hereby authorized to attend the New York State Town Clerks Association Conference on April 23, 24, 25, 26, 2006 at the Saratoga Springs Hotel and Conference Center in Saratoga Springs New York at a cost not to exceed Four Hundred Forty One dollars and 26/100 ($441.26). Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. 2006-02-13 07:30 PM Page 5 Town of Wappinger - Minutes Board Meeting of February 13, 2006 ✓ Vote Record -'Resolution 2006-47 . D Adopted .......... ........ .................................. . Yes/Aye + No/Nay ' Abstain t Absent ❑ Adopted as Amended Joseph Ruggiero Voter } ❑ ❑ .......... ❑ Defeated ....Vincent...Bettina....... Seconder ..................._.............................. t . }............._............................. .......................................... ❑ ❑ Tabled Joseph Paoloni Initiator................................_C�l......................i. ❑ ❑ ❑ ❑ ❑ Withdrawn .........................+..................._.......... Maureen McCarthyVoter 0 ................................ 0 �....................................._0................. ❑ RESOLUTION: 2006-48 Resolution Authorizing Director of Code Enforcement to Attend Class At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: ABSENT: Supervisor Councilmembers - Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board received a letter by George Kolb, Director of Code Enforcement, dated December 29, 2005 a copy of which is attached hereto, requesting authorization to allow George Kolb, Director of Code Enforcement, to attend a class entitled "Dealing With Difficult People," on Wednesday March 8, 2006 at the Poughkeepsie Grand Hotel from 9 am -4 pm, and NOW, THEREFORE, BE IT RESOLVED, that George Kolb, Director of Code Enforcement, is hereby authorized to attend the class "Dealing With Difficult People," on Wednesday March 8, 2006 at the Poughkeepsie Grand Hotel from 9 am -4 pm at a cost not to exceed Ninety Nine dollars and 00/100 ($99.00). The foregoing was put to a vote, which resulted as follows: Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolution 2006-48' El Adopted ..._Yes/Aye..,, No/ Abstain Absent ❑ Adopted as Amended .................................................... Joseph Ruggiero Voter ..................................... ..................................... 0 . ............................ ❑ ❑ ❑ ......._. ❑ Defeated Vincent Bettina Voter m I ❑ ❑ ❑ ❑ Tabled ........................................................................................... Joseph Paoloni _.....................................................................................................+................................................;...............................................+............................................ Seconder 0 ................................ 0..................................... .... ............................................... . ❑ Withdrawn Maureen McCarth Initiator 0 ❑ ❑ ❑ 2006-02-13 07:30 PM Page 6 Town of Wappinger - Minutes RESOLUTION: 2006-49 Board Meeting of February 13, 2006 Resolution Authorizing Highway Superintendent to Allow the Public to Go Out to Bid for Surplus Town of Wappinger Equipment At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: ABSENT: Supervisor Councilmembers - Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has requested in his letter dated February 3, 2006 a copy of which is attached hereto, to advertise the following surplus vehicles to the public so they can bid on them, and 1. Town Patrol Car -Ford Crown Victoria 2. Town Patrol Car- Chevrolet Caprice 3. Supervisor's Car- Ford Crown Victoria 4. Highway Truck - Old truck #12 NOW, THEREFORE, BE IT RESOLVED, Authorizing the advertisement to the public of surplus vehicles so they may bid on them. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolution 2006-49 ❑ Adopted _...._ ........_...._.. Yes�Aye.. r --No oNay...._...._A........................ . ......Ab........... t.... ❑ Adopted as Amended .......... Joseph Ruggiero Voter _ ......... }.................................................................... _................. . ❑ Defeated Vincent Bettina Voter ❑ ❑ i ❑ ❑ Tabled .................. .....................................................t.................................._........._..,._.................._......._._.._............;................................................;...............................................t............................................ Jose h Paoloni P i Seconder + ❑ ❑ ❑ ❑ Withdrawn _......................................_........_._..............................................._......................................................._................._....._......_........._4............................................ Maureen Mc&. j Initiator + m I ❑ ❑ ❑ RESOLUTION: 2006-50 Resolution Authorizing Highway Superintendent to Spend Highway Funds for Road Paving At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th 2006-02-13 07:30 PM Page 7 Town of Wappinger - Minutes day of February 2006, at 7:30 P.M. Board Meeting of February 13, 2006 The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Councilmembers - ABSENT: Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has requested in his letter dated December 27, 2006 a copy of which is attached hereto, to be allowed to spend Highway Funds to pave the various roads throughout the Town, and NOW, THEREFORE, BE IT RESOLVED, Highway Superintendent Graham Foster has been authorized to spend Highway Department Funds to pave various roads throughout the Town. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolution 2006-50' D Adopted .........................}...................... ............�........ Yes/A.Ye......;...._fVc/.Na.Y.........._Abstain......... Absent ❑ Adopted as Amended ..... ....................... Joseph Ruggiero Voter ❑ ❑ ❑ ..... ❑ Defeated Vincent Bettina Seconder ! 0 ! ❑ ❑ ❑ ❑ Tabled ...........................................................................................................................................,..................................................................................................:..............................................,............................................ Joseph Paoloni Voter 0 ❑ ...................................._................... ❑ Withdrawn Maureen McCarth Initiator 0 ❑ i ❑ ❑ RESOLUTION: 2006-51 Resolution Authorizing Budget Amendment At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Councilmembers - Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy 2006-02-13 07:30 PM Page 8 U1 Town of Wappinger - Minutes Board Meeting of February 13, 2006 ABSENT: The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, certain budget amendments have been recommended for payments to be made to the Tri -municipal Sewer Commission for pumps and a new loader, and WHEREAS, it has been recommended that the following budget amendments be made: Increase SI8130.200, $65,200 from ST0909 for share of repair and replacement of VFD's and controls at Wappinger Pump Station and Waste Water Treatment Plant. Increase SV8130.200, $40,000 from SV0909 for share of above and loader purchase. 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 Supervisor and Bookkeeper are hereby authorized to make the following budget amendments: Increase SI8130.200, $65,200 from ST0909 for share of repair and replacement of VFD's and controls at Wappinger Pump Station and Waste Water Treatment Plant. Increase SV8130.200, $40,000 from SV0909 for share of above and loader purchase. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolution 2006-51 0 Adopted ................................................................................--_... I Yes/...AYe.........._No/.Na.Y......1...._Abstain........._Absent...... .....................® ❑ Adopted as Amended Joseph Ru.9.9.iero.....................Voter........................................................................................._. ❑ _. ............................................... ❑ .......................... :................................... ❑ ......... ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ l ❑ ❑ Tabled ..............................................................................._.._ Joseph Paoloni _._...........................__................_._............._.................................._._.._.. Seconder ® } ._..........................................................(.......................................... ❑ ❑ ❑ ❑ Withdrawn _Maureen McCarth.......__..._Initiator ................................. 0..........................................❑....................'.......................................i................._a_................. 2006-02-13 07:30 PM Page 9 Town of Wappinger - Minutes RESOLUTION; 2006-52 Board Meeting of February 13, 2006 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2005 At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Councilmembers - ABSENT: Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, pursuant to Town Law 119, which sets forth the procedure for the auditing of claims and issuance of warrants where there is no Town Comptroller, the Town Board must audit the claims and issue the warrants for the payment of said claims; and WHEREAS, since the office of the Town Comptroller is currently vacant and the duties of auditing claims presented to the Town and the issuing of warrants authorizing the payment of said claims and bills must be approved by the Town Board. 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 confirms that it has audited all the claims on the vouchers enumerated in the attached warrant: Abstract 20858 with total of One Hundred Fifty -One Thousand, One Hundred Fifty -One and 49/100 ($151,151.49). The Town Board has found that all the claims are just and accurate, directs to the Town Clerk to prepare an abstract of the audited claims, specifying the number of the claim, the name of the claimant, the amount allowed and the fund and appropriation account chargeable therewith, and then shall direct same to the Supervisor Joseph Ruggiero and authorize and direct him to pay the claimant the amount allowed upon his claim. 3 The Town Board hereby authorizes the Supervisor and Bookkeeper to transfer the following funds into the General Disbursement Fund (GDF) to pay all claims as outlined in Abstract 20858: Fund Description A General Fund Town Wide B General Fund Part Town Amount $39,695.46 $19,537.80 2006-02-13 07:30 PM Page 10 Town of Wappinger - Minutes DB Highway Fund HFT Capital-Highway/Town Hall Fuel Tanks HN Capital - WWI -99-2R HY Capital - Computer Master Plan SF Fleetwood Sewer SM Midpoint Park Sewer T Trust and Agency WC Central Wappinger Water WN North Wappinger Water WT Tall Trees Water Dated: Wappingers Falls, New York February 13, 2006 Board Meeting of February 13, 2006 $415.20 $1,091.00 $5,785.00 $409.00 $14,400.00 $16,700.00 $7,813.69 $34,416.67 $5,404.33 $5,483.34 The Resolution is hereby duly declared adopted. ✓ Vote Record - Reeolutiom20 6-52 ® Adopted .Yes/...Aye......�...._No�Na.Y...._i...._Absta�n 'Absent .... ...................................... . ❑ Adopted as Amended Jose.._h...Ru.. iero P 99 I..................._®........................................._�..................I. ❑ ❑ ❑ Defeated ................i.._Voter Vincent Bettina ..........................._.......t. Voter ® ❑ ❑ ❑ ❑ Tabled Jose h P ................................................................................................................................................................................................................................................ Seconder I 0 ❑ ❑ i ❑ ❑ Withdrawn .Paoloni Maureen McCarth __.._ ........ _........................................................................i........_.....................................:......__......................_.._._................................................... Initiator f 0 ❑ ❑ ❑ RESOLUTION: 2006-53 Resolution Authorizing Code Enforcement Officers and Fire Inspector to Attend Annual Hudson Valley Enforcement Officials Conference At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13"' day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Councilmembers - ABSENT: Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town Board received a letter by George Kolb, Director of Code Enforcement, dated February 3, 2006, a copy of which is attached hereto, requesting authorization to allow George Kolb, Director of Code Enforcement, Richard Travis, Code Enforcement Inspector, 2006-02-13 07:30 PM Page 11 Town of Wappinger - Minutes Board Meeting of February 13, 2006 Susan Dao, Code Enforcement Inspector, Salvatore Morello, Code Enforcement Inspector, Tatiana Lukianoff, Zoning Administrator, and Mark Liebermann, Fire Inspector to attend the Annual Hudson Valley Code Enforcement Officials Educational Conference on April 19, 20, 21, 2006 at the Poughkeepsie Grand Hotel in Poughkeepsie New York, and NOW, THEREFORE, BE IT RESOLVED, that George Kolb, Director of Code Enforcement, Richard Travis, Code Enforcement Inspector, Susan Dao, Code Enforcement Inspector, Salvatore Morello, Code Enforcement Inspector, Tatiana Lukianoff, Zoning Administrator, and Mark Liebermann, Fire Inspector to attend the Annual Hudson Valley Code Enforcement Officials Educational Conference on April 19, 20, 21, 2006 at the Poughkeepsie Grand Hotel in Poughkeepsie New York at a cost not to exceed One Thousand Five Hundred and 00/100 (1500.00). Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolution 2005-53 ® Adopted ...........................................:.....Yes/Aye , No Abstain Abstain i Absent .......... , ..... ❑ Adopted as Amended Joseph Ruggiero .......... Voter .................... ..............................,...................... 4 ............................. i ❑ }........................ ................................._........................ ❑ ........ ...i........ ... ❑ ....... .......................... ❑ Defeated Vincent Bettina ;Initiator ❑ ❑ ❑ ❑ Tabled ...................................................................:...................................................................................................................... Joseph Paoloni i....Voter i 0 0 ... ................. i.....................o.....................................a................... ❑ Withdrawn Maureen McCarth.............1 .Seconder..... ................. ...._0.....................;. 0....................'....................0 ................ _... t............................................ ❑ RESOLUTION: 2006-54 Resolution Appointing Recreation Secretary and Establishing Salary The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmembers - Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the position of Secretary to the Recreation Commission became vacant effective December 30, 2005, and WHEREAS, Eileen Manning has been Acting Secretary to the Recreation Commission effective January 1, 2006, and WHEREAS, Eileen Manning should be remunerated at a Grade A Step 6 salary level at $13.29 per hour, retro -actively as Acting Secretary to the Recreation Commission from January 1, 2006 to date, and 2006-02-13 07:30 PM Page 12 Town of Wappinger - Minutes Board Meeting of February 13, 2006 WHEREAS, the Town Board finds Eileen Manning very capable to carry out and perform the duties of the Secretary to the Recreation Commission. NOW, THEREFORE, BE IT RESOLVED, it has been approved by the Town Board that Eileen Manning should be remunerated for her time spent as Acting Secretary to the Recreation Commission, and BE IT FURTHER RESOLVED, that Eileen Manning is hereby appointed Secretary to the Recreation Commission with a salary established at Grade A, Step 6 -at $13.29 per hour. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolution 2006-54 0 Adopted p ......................_............._..........._._......................................... Yes A e Y No Na Abstain / a.. Absent ❑ Adopted as Amended Joseph Ruggiero r Voter .........Y .................. ,. ❑ Defeated ....................t- _ ._._......... ................................................... ...................................................,............._.............................._,.....................1 ' 0 i � 0 ...................T _D................... ❑ Tabled ..... ..........................................................................._.... Joseph -......................................................................................... Seconder ................................................:................................................................................... I ® ! ❑ ❑ ❑ ❑ Withdrawn .... _Paoloni Maureen McCarth Initiator �......._......._.. ..._.__. i.....................o_..................._........................_.....__ , ❑ .._............. .................... ❑ RESOLUTION: 2006-55 Resolution Accepting a Performance Agreement Secured by Letter of Credit For Tuscany Subdivision At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13`h day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmembers - Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, Creekview Holdings, Ltd., has made application to the Town of Wappinger Planning Board to approve the subdivision of land, more particularly described in a Subdivision Map entitled Section Tuscany Subdivision, prepared by M.A. Day Engineering dated October 14, 2002, and subsequently revised from time to time; and 2006-02-13 07:30 PM Page 13 Town of Wappinger - Minutes Board Meeting of February 13, 2006 WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval by Resolution dated February 7, 2005 subject to and conditioned upon completion of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map and related Contract drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, Rules and Regulations of the Town and further subject to the requirements set forth in the letter of Paggi, Martin & Del Bene, LLP, Engineers to the Town, dated January 26, 2006 (attached hereto as Exhibit "A"); and WHEREAS, Town Law Section 277 requires that a developer in a subdivision guarantee the construction, installation, and dedication of the improvements required by the Resolution of Subdivision Approval, prior to issuance of any Building Permits; and WHEREAS, in connection with the Tuscany Subdivision, Creekview Holdings, Ltd., by David W. Stenger, as President, executed and posted a Performance Agreement secured by a Letter of Credit, dated February 2, 2006; and WHEREAS, in connection with the Tuscany Subdivision, the Performance Agreement is secured by an Irrevocable Letter of Credit (No. 200573), issued by Mahopac National Bank on February 2, 2006, in favor of the Town of Wappinger in the sum of Six Hundred Eighty -Two Thousand Two Hundred Dollars ($682,200.00) posted by Creekview Holdings, Ltd., the owners of the subdivision; and WHEREAS, Creekview Holdings, Ltd., by David W. Stenger, as President, has tendered to the Town of Wappinger a Performance Agreement dated February 2, 2006, secured by an Irrevocable Letter of Credit in the principal amount of Six Hundred Eighty -Two Thousand Two Hundred Dollars ($682,200.00). 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 Performance Agreement executed by David W. Stenger, as President of Creekview Holdings, Ltd., in favor of the Town of Wappinger is hereby accepted as the guarantee of completion of the construction, installation and dedication of the improvements required by the Resolution of Subdivision Approval pursuant to Town Law Section 277. 3. The Irrevocable Letter of Credit issued by Mahopac National Bank bearing No. 200573, issued in favor of the Town of Wappinger dated February 2, 2006 is hereby accepted as security for the original Performance Agreement and both the original Letter of Credit and the original Performance Agreement in the amount of SIX HUNDRED EIGHT TWO THOUSAND TWO HUNDRED and 00/100 ($682,200.00) DOLLARS, Have been placed on file with the Town Clerk. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. 2006-02-13 07:30 PM Page 14 Town of Wappinger - Minutes Board Meeting of February 13, 2006 ✓ Vote Record - Resolution 2006-55 0 Adopted ..._.....i..e..ro_ -R ............ :TWA y.... No[Nay Abstain ...nt Abs...e........... ❑ Adopted asAm Amended u.... Jose h ® ❑ o ❑..Voter ❑ Defeated Vincent Bettina Seconder ® ❑ ❑ ❑ ❑ Tabled .._...._.._......_........................ Joseph Paoloni _..__.._.......................................................................................,...................................._..........,...............................................;............................................ Voter 0 ❑ ❑ ❑ ❑ Withdrawn _.._ Maureen McCarth ........................................._._....._..__.._.__....._......................................o...................1..................._o_....................................o................... 1 Initiator ! I Initiator RESOLUTION: 2006-56 Resolution Authorizing the Execution of the Agreement between the Town of Wappinger and the Town of Wappinger Little League Association At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmembers - Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Town of Wappinger Little League Association provide softball and baseball activities for the boys and girls of the community in accordance with the proposed Agreement between the Town of Wappinger and Town of Wappinger Little League Association; and WHEREAS, the Town has fully complied with its procurement policy with respect to its Eight Thousand Dollar ($8,000.00) agreement between the parties and further finds that pursuant to Town Code Section 46-3 (b) (3), the agreement between the parties shall be exempt from the Town procurement policy and may be properly classified as one of the sole source situations?. 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 agrees to enter into a written Agreement for Eight Thousand Dollars ($8,000.00) between the Town of Wappinger and Town of Wappinger Little League Association which will provide softball and baseball activities for the boys and girls of the Town of Wappinger for the 2006 baseball season. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of the Town the Agreement between the Town of Wappinger and Town of Wappinger Little League Association in substantially the same form as attached hereto, including the attached Rider to Agreement, copies of which are affixed hereto. Dated: Wappingers Falls, New York February13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolution 2006-56 0 Adoptedted __..._......._...._........_........................................................ Yes/.4y@ Abstain Absent nt No/Nay.._........._i ain ...... ......................................................................... ❑Ado ted as Amended Jose R oter 0 ❑huieroV i ❑ Defeated Vincent BettinaVoter 0 ❑ I ❑ ❑ ❑ Tabled ........................................................................ Jose.h Paoloni P ................................................................... Seconder 0 ❑ ❑ Withdrawn Maureen McCarth Initiator t.._.__ 0 ................. ❑ --..-.--........_......._- ❑ ................. I ❑ 2006-02-13 07:30 PM Page 15 Town of Wappinger - Minutes RESOLUTION: 2006-57 Board Meeting of February 13, 2006 Resolution Authorizing the Execution of the Contract between the Town of Wappinger and the Wappinger United Soccer Club At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: ABSENT: Supervisor Councilmembers - Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Wappinger United Soccer Club provide supervised soccer activities, training and instruction for the boys and girls of the Town of Wappinger in accordance with the proposed Contract as amended, between the Town of Wappinger and the Wappinger United Soccer Club. WHEREAS, the Town has fully complied with its procurement policy with respect to its Six Thousand Dollar ($6,000.00) agreement between the parties and further finds that pursuant to Town Code Section 46-3 (b) (3), the agreement between the parties shall be exempt from the Town procurement policy and may be properly classified as one of the sole source situations. 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 agrees to enter into the written Contract between the Town of Wappinger and Wappinger United Soccer Club in substantially the same form as attached hereto for the purposes of providing supervised soccer activities, training and instruction for boys and girls in the Town of Wappinger at a cost of $6,000 in accordance with the terms of the Contract. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to sign said Contract with the Wappinger United Soccer Club on behalf of the Town of Wappinger and to make the payment required under the Contract. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. 2006-02-13 07:30 PM Page 16 T Town of Wappinger - Minutes Board Meeting of February 13, 2006 ✓ Vote Record - Resolution 200647 0 Adopted 0 Adopted YWAye I No/Nay 1 Abstain 1 Absent ❑ Adopted as Amended Joseph-Rug.g.iero Voter i ® ❑ C ❑ ❑ ❑ Defeated Vincent Bettina I._.Voter_ ....... 0 .._..�_. i ......... ❑ .........i �_.. ❑ Tabled ..........._............................................................._....... Joseph_.Paoloni ................... 1 Initiator ........................_._......,. ® ............. ......................._.. ❑ ❑ ❑ ❑ Withdrawn Maureen McCarth ;Seconder 1 }.........................................:.................................................................................. 0 ❑ ❑ ❑ RESOLUTION: 2006-58 Resolution Rescinding the Authorization to Issue Two Million Four Hundred and Ninety -Six Dollars ($2,496,000.00) Serial Bonds for the Town Recreation Center At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmembers - Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, by Resolution adopted on September 10, 2001, the Town Board adopted a Resolution authorizing the issuance of Two Million Four Hundred Ninety -Six Dollars ($2,496,000.00) Serial Bonds of the Town to pay the cost of the construction of a proposed Town Recreation Center on a parcel of Town owned property located on Montfort Road in the Town of Wappinger; and WHEREAS, the Town Board has determined that the construction of the Town Recreation Center at this site is not feasible; and WHEREAS, the Town Board wishes to rescind the Resolution Authorizing the Issuance of Two Million Four Hundred Ninety -Six Thousand Dollars ($2,296,000.00) Serial Bonds originally authorized to pay for the construction of a Town Recreation Center. 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 rescinds the Resolution adopted by the Town Board on September 10, 2001, Authorizing the Issuance of Two Million Four Hundred Ninety -Six Dollars ($2,496,000.00) Serial Bonds of the Town of Wappinger to pay the cost of the construction of a Town Recreation Center on a parcel of Town owned property located on Montfort Road in the Town of Wappinger. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolution 2006-58 0 Adopted i I Yes[Aye No/Nay , Abstain I Absent :................._0_...... ❑ Adopted as Amended Jose ...h...Ru..........iero Rqg.g.!�Kq .......... Voter I 0 ...................._®.....................}._. ❑ -.-............0........... ...........__.................. ...... __._..........._O_..................,................._o_................. ........ . ❑ Defeated Vincent Bettina Voter ❑ Tabled _.__._.....__...--- - _....................._......................................_........................._..................__..._............................_.............__.._............................... Joseph„,Paoloni Seconder 0 ❑ ❑ _......................................... ❑ ❑ Withdrawn .Mau een McCarthy..................Initiator _.,..,.._....,.....,,...........................................0....................,...............,.......,...,...,......,.....,..,....,.,.0.................. . 2006-02-13 07:30 PM Page 17 Town of Wappinger - Minutes RESOLUTION: 2006-59 Board Meeting of February 13, 2006 Resolution Introducing "Local Law No. of the Year 2006 Amending Town Code §122-16 Increasing Certain Inspection and Permit Fees and Adding Additional Inspection and Permit Fees" At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: ABSENT: Supervisor Councilmembers - Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, George Kolb, Jr., the Code Enforcement Officer, has recommended that the Town of Wappinger amend Town Code §122-16 to increase certain inspection and permit fees and to add certain other inspection and permit fees to the Town Code that relate to various provisions of the Building and Zoning Code; and WHEREAS, the following proposed increases in existing fees and addition of certain inspection and permit fees are as follows: Amendments: TYPE Variance CURRENT PROPOSED Residential 122-16N(5)(a) $50.00 $175.00 Commercial 122-16N(5)(b) $250.00 $375.00 Interpretation 122-16N(5)(c) $35.00 $150.00 Special Use Permit §122-16N (1)(b) $50.00 $500.00 Special Use Permit Accessory Apartment §122- 16N(1)(a) $100.00 $500.00 BUILDING FEES/INSPECTION FEES TYPE CURRENT PROPOSED One and Two Family $.50 per sq. ft. of living $.55 per sq. ft. of living Homes & Modules § 122- space 16N(6)(a 1 a i Garage/Carports §122- $.35 per sq. ft. or the I $.50 per sq. ft. or the 16N(6) minimum fee of $50, minimum fee of $100, 2006-02-13 07:30 PM Page 18 Town of Wappinger - Minutes Board Meeting of February 13, 2006 (a) 1 a iii A & B whichever is greater whichever is greater Open Deck §122-16N(6) $.25 per sq. ft. $.25 per sq. ft. or the (a)[ 1 ] [a] [iv] [B] minimum fee of $100, compressed gases, cryogens, junkyards, whichever is greater Pool §122- 16N(6) $50.00 $100.00 (a)[ 1 ] [a] [vi] [A] and repair garages, welding and cutting, Hot Tub § 122- 16N(6) $50.00 $100.00 (a) 1 a vi B §122-16 Q(4) Fireplace/Stove/Chimney $50.00 $100.00 §122-16N(6)(e) 1 Special Events (per occurrence) Outdoor $150.00 each Replacement of $50.00 $100.00 fumace/boiler (includes hot fairs, concerts, fireworks, etc. §122-16 Q water heat/plumbing Multiple dwellings 3-10 units §122- alterations and central air 16Q(3)(a) 11-50 units §122-16Q(3)(b) per year conditioning systems) § 122-16N(6)(e) 2 Demolition § 122-16N(6)(b) $50.00 plus $0.01 per sq. ft. $100.00 minimum fee up to 2,000 sq. ft. over 2,000 sq. ft. is $.10 sq. ft. Installation of lateral water $50.00 $100.00 lines §122-161.1(1) Installation of lateral sewer $50.00 $100.00 lines §122-161.1(2 CREATION OF NEW FEES TO BE IMPOSED FIRE INSPECTION FEES: Chapter 24 - Fire Prevention Bureau §122-16 P TYPE Agricultural Burning Permits PROPOSED FEE $150.00 §122-16P(l) Commercial Roof Truss Assembly $50.00 Inspection pursuant to Title 19 of the Uniform Code Part 1264 §122-16P(2) Fire Prevention Permits pursuant to Title 19 of the Uniform Code - Part 444 - Chapter 24 Fire Prevention Bureau TYPE Areas of Public Assembly § 122- PROPOSED FEE $150.00 per year 16Q(1) Non-residential uses and Occupancies $150.00 per year including, but not limited to, hazardous materials, combustible liquids and gases, compressed gases, cryogens, junkyards, lumberyards, commercial/industrial ovens and cooking equipment, service stations and repair garages, welding and cutting, fire protection equipment. §122-16Q(2) Alarm for non-residential occupancies $150.00 per year §122-16 Q(4) Hospitals, Nursing Homes, Healthcare $150.00 per year Facilities §122-16 Q (5) Special Events (per occurrence) Outdoor $150.00 each assemblies, outdoor sales, commercial tents and membrane structures, carnivals and fairs, concerts, fireworks, etc. §122-16 Q (6) Multiple dwellings 3-10 units §122- $150.00 per year $225.00 per year $300.00 16Q(3)(a) 11-50 units §122-16Q(3)(b) per year Over 50 units § 122-16Q(3)(c) 2006-02-13 07:30 PM Page 19 Town of Wappinger - Minutes Board Meeting of February 13, 2006 Fire Protection Equipment -Sprinklers & New Installations (building permit Fire Suppression Systems: §122-16Q(7) required) $200.00 each Renovations or modifications to existing systems (building permit reci uired) $100.00 each F,xniosives and Combustibles: TYPE PROPOSED FEE Minor Blasting for $150.00 Earthmoving/Demolition (up to 5 blasts or 5 days, whichever occurs first) §122-16 R(l) Minor Blasting for $500.00 Earthmoving/Demolition (over 5 blasts or 5 days and no greater than 6 months) §122-16 R2 Blasting Permits for Quarry Operations $1,000.00/year §122-16 R(3) WHEREAS, based upon the recommendation of George Kolb, Jr., the Code Enforcement Officer, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to amend the Town's Fees and Permit § 122-16 of the Town Code to amend certain inspection fees and permit fees and to add certain other inspection fees and permit fees; and WHEREAS, this is a Type II action pursuant to 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 part 17. 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. 2. The Town Board of the Town of Wappinger hereby introduces for adoption Local Law No. of the Year 2006 in the form annexed hereto. The Town Board hereby determines that the enactment of the aforesaid 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 part 17 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. of the Year 2006 to be held at Town Hall, 20 Middlebush Road, Wappingers 2006-02-13 07:30 PM Page 20 Town of Wappinger - Minutes Board Meeting of February 13, 2006 Falls, New York on the 13th day of March, 2006 at 7:30 P.M. and that the Town Clerk be directed to post and publish the Notice of Public Hearing in the form annexed hereto. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ vote Rekord - Resolution 2006-59 0 Adopted .......... . ................................................ ._........ _.... _..... _....................... Yes.../...AXe......:. No/_Nay........_Abstain._..1....Absent...... ❑ Adopted as Amended JoseP 99 Voter 0 I.........._......._..................._.................._..................... ❑ ❑ Defeated ._h.._Ru...iero.................. Vincent Bettina .......--- .................................1 Voter..........................................._®...................._T............._...._..................._.................._....................i................_........_......... .......... ......................................... ❑ Tabled ............................. ................._..,- Joseph Paoloni......_.. - i.-_Initiator............1.._ ❑ Withdrawn Maureen Mc' arth Seconder ................_......................1..................._....................`.................._.................._T................._................... ! 0 i ❑ ❑ t ❑ RESOLUTION: 2006-60 Resolution Authorizing the Execution of an Extension Agreement between the Town of Wappinger and the County of Dutchess for a Transportation System for Senior Citizens and Handicapped Individuals At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: ABSENT: Supervisor Councilmembers - Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, Article 5G of the General Municipal Law provides joint services to participating municipal corporations and permits contributory funding by the respective municipal corporations according to the amount of services received, and WHEREAS, the Dutchess County Legislature by resolution, has authorized the establishment of a Transportation System for senior citizens and handicapped individuals to serve the twelve (12) Municipalities of Hyde Park, Fishkill, East Fishkill, Wappinger, Town of Poughkeepsie, Pleasant Valley, LaGrange, Red Hook, Beekman, Dover and Union Vale and the City of Poughkeepsie; and WHEREAS, a joint service transportation system for Senior Citizens and Handicapped individuals in the Towns of Hyde Park, Fishkill, East Fishkill, Wappinger, Town of 2006-02-13 07:30 PM Page 21 Town of Wappinger - Minutes Board Meeting of February 13, 2006 Poughkeepsie, Pleasant Valley, LaGrange, Red Hook, Beekman, Dover and Union Vale and the City of Poughkeepsie will cost Two Hundred and Three Thousand, Six Hundred and Ten Dollars and 72/100 ($203,610.72) for a one (1) year period, and WHEREAS, the Town of Wappinger ("Town") had previously entered into an Agreement with the County of Dutchess ("Dutchess") providing a joint service transportation system for senior citizens and handicapped individuals; and WHEREAS, said Agreement has been amended and extended from time to time and last by Agreement dated January 15, 2005 and known as County Contract No. 04 -0342 -12/04 -OA; and WHEREAS, the Town desires to extend the term of said Agreement for an additional period of one (1) year, from January 1, 2006 through December 31, 2006 at a cost to the Town not to exceed the sum of Thirty Three Thousand, Nine Hundred Nine and 12/100 ($33,909.12). 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. 2. The Town Board hereby accepts the terms and conditions set forth and contained in the Extension Agreement, by and between the County of Dutchess and the Town of Wappinger, providing a joint service transportation system for senior citizens and handicapped individuals. 3. The Supervisor of the Town, Joseph Ruggiero, is hereby directed and authorized to execute the Extension Agreement, a copy of which is affixed hereto by and on behalf of the Town of Wappinger. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolution 2006-60 ® Adopted ................................................................................................................................................._Yes/....A.Ye...........NO/.Na.Y...._...._Abstain........._ Absent...... ❑ Adopted as Amended Joseph Ruggiero Voter ..........................................................................................................................................................:.......................................................................................... I. ❑ i ❑ ❑ Defeated Vincent Bettina Voter ! 0 ❑ ❑ ❑ ❑ Tabled .....................................................................................................................................:.................................................................................................................................................;............................................ Joseph Paoloni i Seconder m ❑ ❑ ❑... ❑ Withdrawn Maureen Mc&' h Initiator ................................................;................................................:...............................................:.............................. 0 RESOLUTION: 2006-61 Resolution Approving the Hiring of Winter Recreation Employees and Establishing Salaries At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. PRESENT: Supervisor - Councilmember- ABSENT: Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy 2006-02-13 07:30 PM Page 22 Town of Wappinger - Minutes Board Meeting of February 13, 2006 The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, Ralph Holt, Chairman of the Recreation Commission has recommended the hiring of various individuals to conduct wither recreation programs, and WHEREAS, the following individuals have been recommended for employment with the following salaries: - Name Program Salary Fund Dawn Turpin-Oretas Gymnastics Dir. $25.00 A-7140.103 Nicole Sheremta Gymnastics $6.75 A-7140.103 Alissa Coschigano Gymnastics $6.75 A-7140.103 Jaclyn Peck Gymnastics $6.75 A-7140.103 Jennifer Tancin Gymnastics $6.75 A-7140.103 Alyson Spinelli Gymnastics $6.75 A-7140.103 Suzanne Chafetz Gymnastics $6.75 A-7140.103 Maria Gramuglia Gymnastics $6.75 A-7140.103 Victoria Serino Gymnastics $6.75 A-7140.103 Samantha Spacone Gymnastics $6.75 A-7140.103 Walter Leczinski Volleyball $30.00 A-7140.106 Melanie Rottkamp Baton Twirling $30.00 A-7010.113 John Macek Computer Classes $25.00 A-7620.107 Jeffrey Pomeisl Basketball $25.00 A-7140.105 Michael Romano Basketball $25.00 A-7140.105 Rosemary DiGennero Aerobics $30.00 A7140.104 Doug Hann Safety Inspector $35.00 A-7110.10 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 has approved the following employees and salaries: Dawn Turpin-Oretas Gymnastics Dir. $25.00 A-7140.103 Nicole Sheremta Gymnastics $6.75 A-7140.103 Alissa Coschigano Gymnastics $6.75 A-7140.103 Jaclyn Peck Gymnastics $6.75 A-7140.103 Jennifer Tancin Gymnastics $6.75 A-7140.103 Alyson Spinelli Gymnastics $6.75 A-7140.103 Suzanne Chafetz Gymnastics $6.75 A-7140.103 Maria Gramuglia Gymnastics $6.75 A-7140.103 Victoria Serino Gymnastics $6.75 A-7140.103 Samantha Spacone Gymnastics $6.75 A-7140.103 Walter Leczinski Volleyball $30.00 A-7140.106 Melanie Rottkamp Baton Twirling $30.00 A-7010.113 John Macek Computer Classes $25.00 A-7620.107 Jeffrey Pomeisl Basketball $25.00 A-7140.105 Michael Romano Basketball $25.00 A-7140.105 Rosemary DiGennero Aerobics $30.00 A7140.104 Doug Hann Safety Inspector $35.00 A-7110.10 Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. 2006-02-13 07:30 PM Page 23 Town of Wappinger - Minutes Board Meeting of February 13, 2006 ✓ Vote Record - Resolutlon 200641 0 Adopted ..........} ................................. Yes/Aye No/Nay ! Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter i ...............................................;..........................................................................................>.......................................................................................... 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ i ❑ ❑ Tabled ................................................................................................................................................................................................. Jose.._h...Paoloni P Voter I .. t......... 0 .................................. ......................................................_....................................... ❑..................._....................❑.........._....._ .. ... _......_....�..............._.. ❑ Withdrawn Maureen Mcca' t Initiator 0 ❑ ❑ ❑ RESOLUTION. 2006-62 Resolution Rejecting All Bids for Extension No. 1 to the Fleetwood Water District At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February, 2006, at 7:30 p.m. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: ABSENT: Supervisor Council Members Joseph Ruggiero Joseph P. Paoloni Vincent F. Bettina Maureen McCarthy The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town Board of the Town of Wappinger has previously authorized the acceptance of bids for the Project known and referred to as Extension No. 1 to the Fleetwood Water District previously referred to as Fleetwood Water II District Extension,(the PROJECT), with estimated maximum costs of $146,500.00, as identified in the Map, Plan and Report last revised August 8, 2005, prepared by the Engineer to the Town, Paggi, Martin and DelBene; and WHEREAS, by Resolution No. 2005-131, adopted on September 26, 2005, the Town Board established the maximum estimated cost for the Project at $146,500.00 (with maximum estimated construction costs of $98,500.00),which was to be financed through the issuance of $146,500.00 in serial bonds; and WHEREAS, on December 16, 2005, four (4) bids on the Project were received and opened by Town Clerk, Chris Masterson, with respect to the Project; and WHEREAS, the lowest bidder did not have an approved Apprenticeship Program in accordance with Article 23 of New York State Labor Law as required by Chapter 103 of the Town Code; and WHEREAS, the next lowest bid was in the amount of $136,116.00 for construction costs which, when added to related design fees, inspection fees, legal fees and miscellaneous fees, would exceed the maximum authorized Project cost of $146,500.00; and WHEREAS, Fleetwood Water District is supplied water by contract with the Village of Fishkill; and WHEREAS, the Village of Fishkill has indicated it has no objection to individual 2006-02-13 07:30 PM Page 24 Town of Wappinger - Minutes Board Meeting of February 13, 2006 residences along Osborne Hill Road connecting to the Fleetwood Water District System as tenants to the District; and WHEREAS, it has been determined by the Town Board that this project is no longer in the best interest of the residents of the Town of Wappinger and specifically of those in or near the Fleetwood Water District; and WHEREAS, the Town has expressly reserved the right to reject all bids received; and WHEREAS, since all legally compliant bids exceeded the maximum authorized cost of the Project, the Town Board hereby elects to reject all bids 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 rejects any and all bids submitted in connection with the Extension No. 1 to the Fleetwood Water District in as much as all of the legally compliant bids exceeded the maximum estimated cost of $146,500.00. 3. The Town Clerk, John C. Masterson, is hereby directed to notify all bidders that the Town Board has rejected all bids. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record - Resolution 2006-62 0 Adopted ..............................................._......:...........................__ .._._......_ ......._ Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter 0 ❑ ❑ ; ❑ . ❑ Defeated ._.. Vincent Bettina }........... ...................................., i ........................ ........................... .................................................:........... i................................................... i............................................................................I................ ................................... .......................................... .. ❑ Tabled Joseph Paoloni ........ . .................................. Voter 0 ❑ _:............................................ ❑ ❑ ❑ Withdrawn Maureen MRC ' Seconder ..............................................t............_.........................._;.........................._..... 0 ❑ _ ...:. ❑ ❑ RESOLUTION: 2006-63 Authorizing Payment of Costs for Association of Towns Attendees At the regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February, 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Councilmember- ABSENT: Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy 2006-02-13 07:30 PM Page 25 Town of Wappinger - Minutes Board Meeting of February 13, 2006 The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, various members of the Town of Wappinger government will be attending the Association of Towns Annual Meeting, and WHEREAS, certain costs are associated with the trip THEREFORE, BE IT RESOLVED, that each individual attending the Association of Towns annual meeting receive payment in the amount of Fifty-five, Dollars ($55.00) per day as reimbursement for the costs associated with the meeting. BE IT FURTHER RESOLVED, that the Comptroller's Office and Supervisor is hereby authorized to issue said check. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. ✓ Vote Record -'Resolution 2006-63 m Adopted Yes/Aye....; No/Nay Abstain � Absent ❑ Adopted as Amended Joseph Ru.9.9.iero O ❑ ❑ ❑ Defeated ..................._Voter.......................f...................................................,.............................................._............................................................ Vincent Bettina _...............,......... Seconder .......................! ....................... ................. _....... ................................................. ! ........ ....................❑........................ 13 Tabled .......................... Joseph Paoloni o Voterm 1 ❑❑.... ❑ . .......................................... ❑ Withdrawn Maureen McCarth ....................................................................................................................................... Initiator 0 ❑ ❑ 1 ❑ RESOLUTION: 2006-64 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2006 At the regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February, 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: ABSENT: Supervisor Councilmember- Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, pursuant to Town Law 119, which sets forth the procedure for the auditing of claims and issuance of warrants where there is no Town Comptroller, the Town Board must audit the claims and issue the warrants for the payment of said claims; and WHEREAS, since the office of the Town Comptroller is currently vacant and the duties 2006-02-13 07:30 PM Page 26 Town of Wappinger - Minutes Board Meeting of February 13, 2006 of auditing claims presented to the Town and the issuing of warrants authorizing the payment of said claims and bills must be approved by the Town Board. 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 confirms that it has audited all the claims on the vouchers enumerated in the attached warrant: Abstract 20860 with total of Six Hundred Fifty -Four Thousand, Four Hundred Thirty and 84/100 ($654,430.84). The Town Board has found that all the claims are just and accurate, directs to the Town Clerk to prepare an abstract of the audited claims, specifying the number of the claim, the name of the claimant, the amount allowed and the fund and appropriation account chargeable therewith, and then shall direct same to the Supervisor Joseph Ruggiero and authorize and direct him to pay the claimant the amount allowed upon his claim. 3 The Town Board hereby authorizes the Supervisor and Bookkeeper to transfer the following funds into the General Disbursement Fund (GDF) to pay all claims as outlined in Abstract 20860: Fund Description Amount A General Fund Town Wide $101,117.26 B General Fund Part Town $54,424.52 DB Highway Fund $95,123.08 HC Capital -Add. Lines -Sewer $947.50 HFW Capital - Fleetwood 2 $274.77 HN Capital WWI 99-2R $3,783.00 HNW Capital - North Wappinger $3,783.00 HR Capital Town Assessments $30,570.00 HV TriMuni Phase IIIA $213.75 LC Cameli Light $57.82 LD Chelsea Light $667.84 LH Hughsonville Light $1,975.59 SF Fleetwood Sewer $15,608.34 SI Sewer Improvement 1 $150,087.07 SM Midpoint Sewer $9,237.50 SR Rockingham Sewer $32,319.16 SV Wapp Sewer 3A $47,843.34 SW Wildwood Sewer $23,333.34 T Trust and Agency $4,060.25 WA Ardmore Water $14,709.00 WB Cranberry Water $2,838.13 WC Central Wappinger Water $34,727.20 WF Fleetwood Water $3,516.66 WH Watchill Water $2,683.34 WM Myers Corners II $2,058.79 WN North Wappinger Water $8,027.44 WO Oakwood Water $2,888.84 WP Wappinger Park Water $4,379.13 WT Tall Trees Water $6,390.68 Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. 2006-02-13 07:30 PM Page 27 Town of Wappinger - Minutes Board Meeting of February 13, 2006 ./Vote, Record - Resoiutian 2066-64 resolutions 2006-65 and 2006-68 to theagenda by unanimous consent 0 Adopted ................................ .......................................Ye/Ae.NoLNYA nt...... ® Adopted JosePh._Rug.g.iero.................4..._Voter.......................i........................... bsent...... ❑ Adopted as Amended ]oseph_Ruggiero . 0 ❑ i _ ❑ ❑ 11Defeated .................... ................ Vincent Bettina ...... Voter I...................._0.._.........__.�._............._ ........ ❑ 0 ❑ Tabled Joseph.._Paoloni...._..._ . _............................... Maureen McCarth (................................... Initiator ..................._..................._..........._....._....................(................_............._... ❑ ❑ Withdrawn .............�..._Initiator............'....._._.._.......m...................... Maureen McCarth Seconder i 0 ❑ ❑ ❑ ✓ Yat Record — Motlon,ao Add resolutions 2006-65 and 2006-68 to theagenda by unanimous consent 1 . i.._No ONa.Y...I Ab oaln_...._AbO nt...... ® Adopted JosePh._Rug.g.iero.................4..._Voter.......................i........................... ......................................................_Yes�Aye .. _................................................: i.._................ .................. ❑ Defeated Vincent Bettina t....Seconder...... ..............._f7............._...._.................._........_..._...._............. .................... , ❑ Withdrawn .......................................................................................... JoseP.h.._Paoloni I Vo.t.r e 1 ❑ . _............................... Maureen McCarth (................................... Initiator ........................._..............:...............................................................................................` 0 ❑ i.............._❑❑................... RESOLUTION: 2006-65 Order Calling Public Hearing on the Establishment of The BRH Realty Subdivision Drainage District At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February, 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Council Members - Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Order was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the written Petition of Phantom Hollow Equities, Inc., dated February 7, 2006, and executed by Richard Barger, President of Phantom Hollow Equities, Inc., has been duly presented to and filed with the Town Board of the Town of Wappinger, New York requesting that a drainage district as hereinafter described be established in the Town; and WHEREAS, the properties to be included within the BRH REALTY SUBDIVISION DRAINAGE DISTRICT consist of those properties described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the improvements proposed in said Drainage District consist of the construction and installation of a storm water drainage system to serve the properties within said District in accordance with certain plans incorporated in the Map, Plan and Report dated October 12, 2005 and; WHEREAS, the maximum estimated cost of said improvements to the Town is zero ($0.00); and WHEREAS the estimated cost to the BRH Realty Subdivision Drainage District for the first year budget will be approximately FIVE THOUSAND and 00/100 ($5,000.00) DOLLARS resulting in a cost to the typical lot of SEVEN HUNDRED FOURTEEN and 29/100 ($714.29) DOLLARS per lot; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year cost to the typical property in the BRH REALTY SUBDIVISION DRAINAGE DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the Office of the Town Clerk where the same is available during regular office hours for examination by any person interested in the subject matter thereof; and WHEREAS, the Town Board determines that the creation of this Drainage District is a Type II Action as defined in 6 NYCRR 617.5 in Chapter 117 of the Code of the Town of Wappinger and accordingly the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2006-02-13 07:30 PM Page 28 Town of Wappinger - Minutes Board Meeting of February 13, 2006 2. Public Hearing. The Town Board hereby determines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 13th day of March, 2006 at 7:30 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the BRH REALTY SUBDIVISION DRAINAGE DISTRICT described herein and to consider the Map, Plan and Report dated October 12, 2005 filed in relation thereto, and to hear all persons interested in the subject matter concerning the same, and for such other action on the part of said Town Board as may be required by law or as authorized by law. 3. Posting. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within the proposed BRH REALTY SUBDIVISION DRAINAGE DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than ten nor more than twenty days before the day set for the hearing as follows.. 4. This Order shall take effect immediately. ✓ Vote Record - Resolution 2006-65 m Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ......................a..................................................;......................... m T ❑__.......:...............................................T.................. .. ❑ Defeated Vincent Bettina Seconder 4 ❑ ❑ ❑ ❑ Tabled _......................................,...............................................,._...................._......._..._...._.....t.............................................._ Joseph Paoloni Voter i ❑ ......_..._.............................................................................. ! ❑ ❑ ❑ Withdrawn Maureen Rc ' _..............__..., Initiator .................... ........... i El 1 ..........................................;........._....................................:......._................................... ❑ ❑ i ❑ BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER 2006-02-13 07:30 PM Page 29 Town of Wappinger - Minutes Board Meeting of February 13, 2006 EXHIBIT "A" The proposed District shall consist of all lots subdivided from the parcel identified by Tax Parcel No. 19-6257-03-162230 and also known as the BRH Realty Subdivision. The District shall include all easements and streets dedicated to the Town that are within the subdivision limits. The total area of the District is 88+ acres. 2006-02-13 07:30 PM Page 30 Town of Wappinger - Minutes STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) Board Meeting of February 13, 2006 I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That I have compared the foregoing copy of the minutes of the meeting of the Town Board of said Town, including the Order contained herein, held on the 13th day of February, 2006, with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same related to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to §103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or news media as follows: Newspapers and/or other news media Date given Southern Dutchess News Poughkeepsie Journal 01/10/2006 01/10/2006 I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting Sign Board Town Hall 20 Middlebush Road Wappingers Falls, NY 01/10/2006 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 16th day of February, 2006. (Corporate Seal) RESOLUTION: 2006-68 Order Calling Public Hearing on the Establishment of The Tuscany Subdivision Drainage District At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February, 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Council Members - Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Order was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the written Petition of Creekview Holdings, Ltd. dated February 6, 2006 and executed by David W. Stenger, as President, has been duly presented to the Town Board of the Town of Wappinger, New York, requesting that a drainage district as hereinafter described be established in the Town; and WHEREAS, the properties to be included within the TUSCANY SUBDIVISION DRAINAGE DISTRICT consist of those properties described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the improvements proposed in said District consist of the construction and installation of a storm water drainage system to serve the properties within said District 2006-02-13 07:30 PM Page 31 Town of Wappinger - Minutes Board Meeting of February 13, 2006 in accordance with certain plans incorporated in the Map, Plan and Report dated October 12, 2005; and WHEREAS, the maximum estimated cost of said improvements to the Town is zero ($0.00); and WHEREAS, the estimated cost to the TUSCANY SUBDIVISION DRAINAGE DISTRICT for the first year budget for operation and maintenance will be approximately Ten Thousand Four Hundred ($10,400.00) Dollars resulting in a cost to the typical lot of Eight Hundred ($800.00) Dollars per lot; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year cost to the typical property in the TUSCANY SUBDIVISION DRAINAGE DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the Office of the Town Clerk where the same is available during regular office hours for examination by any person interested in the subject matter thereof; and WHEREAS, the Town Board determines that the creation of this Drainage District is a Type II Action as defined in 6 NYCRR 617.5 in Chapter 117 of the Code of the Town of Wappinger and accordingly the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. Public Hearing. The Town Board hereby determines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 13th day of March, 2006 at 7:30 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the TUSCANY SUBDIVISION DRAINAGE DISTRICT described herein and to consider the Map, Plan and Report dated October 12, 2005 filed in relation thereto, and to hear all persons interested in the subject matter concerning the same, and for such other action on the part of said Town Board as may be required by law or authorized by law. 3. Posting. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within the proposed TUSCANY SUBDIVISION DRAINAGE DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than ten nor more than twenty days before the day set for the hearing as follows.. 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: The Order was thereupon declared duly adopted. Dated: February 13, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER 2006-02-13 07:30 PM Page 32 Town of Wappinger - Minutes Board Meeting of February 13, 2006 EXHIBIT "A" The proposed District shall consist of all lots subdivided from the parcel identified by Tax Parcel Nos. 19-6157-04-522080 and 19-6157-04-590180 and also known as the "Tuscany Subdivision". The District shall include all easements and streets dedicated to the Town that are within the subdivision limits. The total area of the District is 43.38+ acres. 2006-02-13 07:30 PM Page 33 Town of Wappinger - Minutes STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) Board Meeting of February 13, 2006 I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That I have compared the foregoing copy of the minutes of the meeting of the Town Board of said Town, including the Order contained herein, held on the 13th day of February, 2006, with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same related to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to §103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or news media as follows: Newspapers and/or other news media Date given Southern Dutchess News Poughkeepsie Journal 01/10/2006 01/10/2006 I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting Signboard Town Hall 20 Middlebush road Wappingers Falls, NY 01/10/2006 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 16th day of February 2006. (Corporate Seal) ✓ Vote ecord -'Resolution 2006-68 resolution 2006-43 0 Adopted .Y + No/Nay _Abstain ;Absent ❑ Adopted as Amended Joseph Ruggiero ;Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina 1 Initiator i 0 ❑ ❑ ........ .......... ❑ Tabled Joseph Paolo_ni Voter j ...................._0 ................... ❑ ❑ ❑ ...........................................:. ❑ Withdrawn Maureen McCarth Seconder ® ❑ Vote° Record - Motion to untabie resolution 2006-43 Abstain. ;....Absent 0 Adopted .. ............... .... .................................................................... Joseph.JNgg.iero .................. ................................................... ...._Yes../.AXe. ..... ......................t......................4.....................'❑ ..... ...._NoL_N...' 0 i.................................................................._ ......_........._................_ ....... .............. ❑ Defeated Vincent Bettina ;Voter ❑ ❑ ❑ Withdrawn .............................................................................................................................................,...................................................,......................................................................... Joseph Paoloni Seconder ... 0 ......... ..... ............... ................... ;................................................;........................................................... ❑ _. ❑ ......... ❑ Maureen McCarth Initiator 0 ❑ ❑ ......... RESOLUTION: 2006-43 Resolution Appointing Town of Wappinger Councilmember At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of February 2006, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: 2006-02-13 07:30 PM Page 34 Town of Wappinger - Minutes PRESENT: Supervisor - Councilmembers - ABSENT: Board Meeting of February 13, 2006 Joseph Ruggiero Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the General Election held on November 8,2005 for the office of First Ward Councilmember in the Town of Wappinger has been certified by the Dutchess County Board of Elections as a tie, therefore creating a vacancy in said office, and WHEREAS, New York State Law authorizes the Town Board to appoint a Councilmember in the event of a vacancy, and WHEREAS, Robert L. Valdati has served as a Town of Wappinger Councilman representing the First Ward for nineteen years, and WHEREAS, Robert Valdati has served the people of the Town of Wappinger with great honor and distinction proving his abilities to serve as Councilman 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. Robert L. Valdati is hereby appointed Councilman for the First Ward in the Town of Wappinger with a term to expire December 31, 2006. Dated: Wappingers Falls, New York February 13, 2006 The Resolution is hereby duly declared adopted. Because of an employment conflict of interest, Councilmember Bettina must abstain from the vote. Vote Record - Resolution 2006-43 lZ Adopted ............................................................ l....... ;.._............... Yes/....AYe.........._No./_.Na.Y........._Abstain.........._Absent...... ❑ Adopted as Amended Joseph.. Ruggiero ........... _.._. Voter ❑ ❑ ❑ ! ❑ ❑ Defeated Vincent Bettina _.._..._.........._............i.................................................................._�.....................,............... i Voter ❑ .................... ❑ Tabled .._........................................... Joseph Paoloni I Seconder 0..............._..., O_..................,................._O_................. ❑ Withdrawn ._.................................................................................,...................................................,..........................................._..................................................,............. Maureen McCarth Initiator j 0 ❑ ' ❑ ❑ Executive Session Inter City Tire Absolute Properties 2006-02-13 07:30 PM Page 35 Town of Wappinger - Minutes Board Meeting of February 13, 2006 VV Record,- Mtftforl' o o - Into executive session ............................... ( ........... . No�Nay i Abstain Absent -11'.................................................................}............................... YesmAye No Abs❑tain j Abo nt 0 Adopted Vincent Bettina Initiatori Joseph Ruggiero ! Voter I ONay ..�.... ❑ Withdrawn ...................................................................... .................... Voter...... Joseph...Paoloni......_....._..........`..'Voter"'' ❑ Defeated ................................ ._....j._..._........_................_.. j ❑ i0.............. ....................... Vincent Bettina I Seconder.....i ...........................................i...............o...................:...... Maureen McCarth Seconder -....._0_..._..__._...._............_o_................. ❑ ❑ ❑ Withdrawn Joseph Paoloni f Voter i ............... 0 ......................................I.................................................................... ❑ ❑ _..................... i ❑ ..........__..................................................................t.................................................................................._ Maureen McCaInitiator rth � 0 ❑ ...........}...._...................................... ❑ ❑ Vote Record - Motion to come out of executive session' Marco Cavi Iia to Appeal RJH Decision ............................... ( ........... Yes/Aye No�Nay i Abstain Absent 0 Adopted Joseph Ruggiero VoterT. 0 ❑ ❑ ......... ......... ......... ❑ ...00... ❑ Defeated Vincent Bettina Initiatori .................................................. .. _..................................;............................................ ... .._. ❑ Withdrawn ...................................................................... .................... Voter...... Joseph...Paoloni......_....._..........`..'Voter"'' .....................1.........._......_.................._'. 0 ................................ ._....j._..._........_................_.. j ❑ i0.............. ........ Maureen McCarth Maureen McCarth Seconder 0 ❑ ❑ 1 ❑ Post executive session action ✓ Yote Record -Motion to authorize Marco Cavi Iia to Appeal RJH Decision ............................... 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Initiator 1 0 ❑ .._.... .......0 ' ._.... ❑ i ❑ Defeated Vin........................................ent eina j..._Seconder.........................._..........._............................_ .................................................. .. _..................................;............................................ ❑ Withdrawn .............................. Jose h Paoloni p _ _ Voter 0 ...... ......................................._...................................._..........:........ ❑ ❑ ❑ Maureen McCarth Voter, .............. .................;............. 0 ❑ ❑ 1 ❑ Close Meeting There was no further business to come before the Town Board. ✓ Vo a Recotii - Motion to Ad ourn 0 Adopted Jose h Ru iero P 99 �, j Yes/Aye ; ................ Voter 0 :.. No/Nay ❑ Abstain ❑ Absent ❑ ❑ Defeated ❑ Withdrawn _ Vincent Bettina .............................................................................+..................................................,...................................................,.............._. Joseph Paoloni .............................................................................................................................................................................................................................................:..............._........................... , ........ Initiator i 0 !Voter ; 0 .0_..............:.....................o_..................,..................o_........_....... ....................:.....................0_..................t..................0................t Maureen McCarth Seconder 0 ❑ ❑ ❑ n C. Ma erson Town Clerk 2006-02-13 07:30 PM Page 36