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2006-02-27 RGMTown of Wappinger Town Board Meeting February 27, 2006 7:30PM AMENDED AGENDA Call to Order Suspension of Rules Minutes Approval December 14, 2005 Special Meeting January 9, 2006 Reorganization Meeting January 17, 2006 Special Meeting January 23, 2006 Regular Meeting Acceptance of Correspondence Log 2006CL-001 to 2006CL-020 Discussions Caparelli Rezone — Albert Capparelli New Voting Machine HAVA Requirements — Vicki Perry Use of Constable for Metal Detectors for Court —Manny Saris Special Legislation — Al Roberts Resolutions 2006-69 Resolution Authorizing Connection to the Water Main Along Osborne Hill Road 2006-70 Resolution Appointing Appraiser for Kendell Farms Water and Sewer Easement 2006-71 Resolution Authorizing Correspondence Log 2006-72 Order Calling Public Hearing on the Establishment of the Shamrock Hills Drainage District 2006-73 Resolution Establishing Fees for the Town of Wappinger Summer Day Program 2006-74 Resolution Designating Health Insurance Providers for Town Employees 2006-75 Resolution Introducing Local Law Rescinding Local Law No. 10 of the Year 2005 and Further Designating a Full Stop Intersection at the Southeasterly Corner of Northbound Bel -Air as it Approaches Orange Court 2006-76 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2005 2006-77 Resolution Establishing Benefit Units for Town Owned Properties 2006-78 Resolution Authorizing Highway Superintendent to Go Out to Bid for Supplies and Services Unanimous Consent 2006-79. Resolution Authorizing Warrant to Pay Bills for 2006 2006-80 Resolution Authorizing Home Rule Request to Permit Easement Across Kendell Farm Conservation Park District New Business Town of Wappinger Chris Masterson 20 Middlebush Road Telephone: (845) 297-5771 Wappingers Falls, NY 12590 Town Board Meeting of February 27, 2006 Wappingers Falls, NY 7:30 PM Meeting called to order on February 27, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. Attendee Name Organization Title Status Arrived Joseph Ruggiero Town of Wappinger Supervisor . Present -- Vincent Bettina Town of Wappinger Councilman Present Joseph Paoloni Town of Wappinger Councilman _ Present Maureen McCarthy' Town of Wappinger Councilwoman Present Robert Valdati Town of Wappinger Councilman Present ❑ Call to Order Supervisor Ruggiero calls for a moment of silence and notifies all present of arrangements made for former Town Assessor Tom Logan. Suspension of Rules ✓ Vote Record - Motion to sus end the rules for discussion on theagenda items Yes/Aye : No/Nay Abstain Absent d Adopted Joseph Ru aero g9 Voter ❑ _ �.... ----0---.� 0 . _... ❑ Defeated Vincent Bettina Initiator Q ❑ w� ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator Maureen McCarthy Seconder ❑ ❑ ❑❑ _ D Robert Valdati Voter 0 ❑ O ❑ There are no comments from the public on the agenda items. ✓ Vote Record - Motion to reinstate the rules' Yes/Aye I Yes/Aye No/Nay i Abstain Absent 21 Adopted Joseph. Ruggiero Voter m 11. ,-- ❑ Adopted Vincent Bettina . ._.._ Voter ® _ . ---0 :.._ ❑ ❑ ❑ Defeated -- ---- — Joseph Paoloni - Voter Joseph Paoloni _ ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator l2< ❑ ❑ ❑ Q Robert Valdati Seconder D _ ❑ ❑ ❑ Minutes Approval December 14, 2005 Special Meeting January 9, 2006 Reorganization Meeting January 17, 2006 Special Meeting January 23, 2006 Regular Meeting ✓ Vote Record —Motion to acce" t the minutes and lace them on file Yes/Aye I No/Nay Abstainj Absent 21 Adopted Joseph Ruggiero } Voter; m i._ . ❑ i _____❑ ❑ ❑ Defeated Vincent Bettina Voter lZ ❑❑ ❑ ❑ Withdrawn Joseph Paoloni _ Initiator + ....._ i m � ❑ _ _ i ❑ - -- ❑ Maureen McCarthy I Seconder j Q ❑ ❑ ❑ Robert Valdati Voter 0 ❑ s ❑ s ❑ 2006-02-27 07:30 PM Page 1 Town of Wappinger - Minutes Acceptance of Correspondence Log 2006CL-001 to 2006CL-020 RESOLUTION: 2006-71 Board Meeting of February 27, 2006 Resolution Authorizing Placement of Correspondence on File At the regular meeting of the Town Board of the Town of Wappinger, Dutchess County, a New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 27th 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 Robert Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: that the letters and communications itemized on the attached Correspondence Log are herby accepted and placed on file in the Office of the Town Clerk. The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. The foregoing was put to a vote which resulted as follows: Yotn Record w Resolution 20 41 Yes/Aye No/Nay Abstain Absent m Adopted ___._._ Joseph Ruggiero Initiator mm m ❑ ❑ ❑ ❑ Adopted as Amended Vincent Bettina Seconder 0 O O O 11 11 Defeated Joseph Paoloni Voter ® ❑ ❑ 0 ❑ Tabled Withdrawn Maureen McCarthy Initiator m ❑ ❑ ❑ Robert Valdati Voter m ❑ ❑ ❑ Dated: Wappingers Falls, New York February 27th, 2006 The Resolution is hereby duly declared adopted. Discussions Capparelli Rezone Request - Albert Capparelli Capparelli Rezone- Albert Capparelli wished to get permission to rezone the piece of property which he owns on 2026 Route 9D in the Town of Wappinger from CC to AI. He wishes to develop the vacant property for Self Storage Units and RV/boat parking. Supervisor Ruggiero explained that there is a 2006-02-27 07:30 PM Page 2 Town of Wappinger - Minutes Board Meeting of February 27, 2006 draft in progress at this time for the Master Plan and the Board wishes to take his plan to the Master Plan Committee for their recommendations first. Councilman Bettina requested Mr. Capparelli to submit an architectural review and some renderings in order to support this rezone. The wet lands must also be identified. Discussion followed. New Voting Machine HAVA Requirements - Vicki Perry New Voting Machines HAVA Requirements - Supervisor Ruggiero announced that New York was scheduled to have new voting machines in place for November to comply with the HAVA (Help America Vote Act) but the current lever style machines will be used again this year because New York State has passed the deadline. One of the differences now under NAVA, the Towns will not be responsible for the elections it will be run by the County. Vicki Perry, organizer of Mid -Hudson Verified Voting, explained the two basic types of Voting machines that are being discussed were the paper ballots, which would get counted through a scanner, or a touch screen computerized Voting machine. She felt the paper ballot was more reliable and cost effective because it has been used throughout the country for twenty years. There is a lot of Town money that could be implicated, because it's likely that the County will have to increase their budget and the Town may see charge backs for elections that the Town will not be running, or deciding how it will be run. The initial costs would be picked up by Federal and State money, but the ongoing maintenance tends to be 1 to 2 times greater for the touch screen than for paper ballots. Use of Constables for Metal Detectors for Court Use of Constables for Metal Detectors for Court - Supervisor Ruggiero explained that on court night, the Town uses the Metal Detector and because it is special detail from the sheriff's office, it's considered overtime requiring a higher hourly rate. In speaking with the judges, he was told that the Town could appoint Constables for the Court and realize a savings. Attorney Manny Saris looked into this and explained that the Town of Wappinger could indeed appoint Town Constables by law to act as security officers. It also permits the Town Board to authorize these Town Constables to be peace officers and, as their roll as peace officers, be permitted to act accordingly as well. These peace officers can also be appointed on a part time basis. This would not increase the insurance liability for the Town. The savings that will be incurred by virtue of employing part time Town Constables would be sizable. There is a training course that is required and is provided by the county. Discussion followed. Special Legislation Special Legislation - Al Roberts, Attorney to the Town, announced that at the end of last year the Town of Wappinger had made a request to the State Legislature to permit a perimeter of a portion of the Kendell Farms Conservation Park District to be used for the installation of water and sewer lines. This Bill would authorize the Town of Wappinger to convey a thirty foot wide sanitary sewer and water easement across Kendell Farm conservation easement. Under the municipal home rule law The Town must formally request that the Bill that they are going to introduce have the approval of this board. It must then be certified by both the Supervisor and Town Clerk for any action to be taken at the state level. Resolutions RESOLUTION: 2006-69 Resolution Authorizing Connection to the Water Main along Osborne Hill 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 27th 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: 2006-02-27 07:30 PM Page 3 Town of Wappinger -.Minutes PRESENT: ABSENT: Supervisor Council Members Board Meeting of February 27, 2006 Joseph Ruggiero Joseph P. Paoloni Robert L. Valdati Vincent F. Bettina Maureen McCarthy The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board had previously authorized the acceptance of bids for a Project known and referred to as Extension No.l to the Fleetwood Water District with estimated maximum cost 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 & DelBene, LLP, a copy of which Map, Plan and Report is on file in the office of the Town Clerk; and WHEREAS, the Project would have authorized the construction and installation of lateral water service lines from the existing pipe located within Osborne Hill Road to the property lines of 24 parcels located on or near Osborne Hill Road; and WHEREAS, by Resolution 2006-62, the Town Board rejected all bids submitted in connection with the Extension No.l to the Fleetwood Water District because all of the legally compliant bids exceeded the maximum estimated cost of the Project of $146,500.00; and WHEREAS, the Town Board wishes to confirm that it will permit all of the parcels, identified in the Map, Plan and Report last revised August 8, 2005, to connect to the water main along Osborne Hill Road, at their own cost and expense, as a tenant to the district, in accordance with the tenancy provisions as set forth in Chapter 236 of the Code of the Town of Wappinger; and WHEREAS, the Town Board reserves the right to permit additional parcels to connect to the water line in Osborne Hill Road at the discretion of 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 will permit all of the parcels, identified in the Map, Plan and Report last revised August 8, 2005, above described, to connect to the water main along Osborne Hill Road, at their own cost and expense, as a tenant to the district in accordance with the tenancy provisions set forth in Chapter 236 of the Code of the Town of Wappinger. 3. The Town Board reserves the right to permit additional parcels tc connect to the water line in Osborne Hill Road at the discretion of the Town Board. 4. The Town Board hereby authorizes the Town Supervisor to send a copy of this Resolution to all of the 24 parcel owners identified in the Map, Plan and Report above referenced. Dated: Wappingers Falls, New York February 27, 2006 The Resolution is hereby duly declared adopted. Vote'Record- Resolution 2006-69 Yes/Aye No/Nay Abstainj Absent Adopted Joseph Ruggiero Voter m ❑ ❑ ❑ ❑ Adopted as Amended Vincent Bettina Voter ❑ ❑ m ❑ ❑ ❑ Defeated Joseph Paoloni Seconder El ❑ _._ _._ O ❑ ❑ Tabled Withdrawn Maureen McCarthy . .1. _} Initiator i m ❑ ❑ Robert Valdati Voter m s ❑ ? ❑ ❑ RESOLUTION: 2006-70 Resolution Appointing Appraiser for Kendell Farms Water and Sewer Easements 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 27th 2006-02-27 07:30 PM Page 4 Town of Wappinger - Minutes Board Meeting of February 27, 2006 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 - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, the Town Board had previously requested the New York State Legislature to authorize an easement for the installation of water and sewer lines through the Kendell Farms Conservation Park District; and WHEREAS, the proposed bill drafted by the New York State Legislature requires the Town to dedicate an amount equal to or greater than the fair market value of the easement interest being alienated to the acquisition of new park lands and/or capital improvements to existing park and recreational facilities; and WHEREAS, Shamrock of Dutchess, LLC, who proposes to construct the water and sewer lines through the Kendell Farms Conservation Park District property, has agreed to pay for the appraisal of the fair market value of the easement being alienated; and WHEREAS, the Town Board wishes to appoint Donald J. McGrath, a competent appraiser, to appraise the value of the easement; and WHEREAS, Donald J. McGrath estimates that the cost of the appraisal will be $750.00. 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 appointment of Donald J. McGrath, as appraiser, is contingent upon the costs of his fees being paid by Shamrock of Dutchess, LLC and to secure the payment of the services to Donald J. McGrath, the Town Board hereby directs that Shamrock of Dutchess, LLC deposit the sum of $750.00 with the Town to cover the cost of said appraisal fees. 3. Upon adoption of this Resolution by the Town Board, an authorized member of Shamrock of Dutchess, LLC shall sign a copy of this Resolution signifying its consent to the terms and conditions contained herein. Dated: Wappingers Falls, New York February 27, 2006 The Resolution is hereby duly declared adopted. ✓-Vote Record - Resolution 2006-70 Yes/Axe No/Nay Abstain Absent E1 Adopted __ _______ __.____ Joseph Voter ❑ ❑ 11 Adopted as Amended ,Ruggiero Vincent Bettina Seconder _� m ❑ � O ❑ 11 11 Defeated Joseph Paoloni Initiator m ❑ O ❑ 11 Tabled Withdrawn „ Maureen McCarthy Voter d ❑ ❑ ❑ Robert Valdati I Voter m ❑ s ❑ ❑ RESOLUTION: 2006-72 Order Calling Public Hearing on the Establishment of The Shamrock Hills 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 27th 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: 2006-02-27 07:30 PM Page 5 Town of Wappinger - Minutes PRESENT: Supervisor Council Members ABSENT: Board Meeting of February 27, 2006 Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Order was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the written Petition of Shamrock of Dutchess, LLC, dated January 19, 2006 and executed by William H. Povall, III, as Member, having 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 SHAMROCK HILLS 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 in accordance with certain plans incorporated in the Map, Plan and Report dated September 22, 2005; and WHEREAS, the maximum estimated cost of said improvements to the Town is zero ($0.00); and WHEREAS, the estimated cost to the SHAMROCK HILLS DRAINAGE DISTRICT for the first year budget for operation and maintenance will be approximately Twenty Seven Thousand ($27,000.00) Dollars resulting in a cost to the typical lot of Four Hundred and Twenty -Eight Dollars and Fifty -Seven Cents ($428.57) 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 SHAMROCK HILLS 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 for examination during regular office hours 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 27th 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 SHAMROCK HILLS DRAINAGE DISTRICT described herein and to consider the Map, Plan and Report dated September 22, 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. Publication and 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 SHAMROCK HILLS 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. 2006-02-27 07:30 PM Page 6 T Town of Wappinger - Minutes Board Meeting of February 27, 2006 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution 2006-72 0 Yes/Aye i No/Nay Abstain Absent Adopted Joseph_ Ruggiero m ❑ ❑ ? 11 Adopted as Amended Vincent Bettina __Voter - Voter - - ❑ ❑ Defeated Tabled _, Joseph Pao loni ��_ Initiator .................._.................._;...__.._.__.� 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy y Seconder 0 ...... .... _.. ❑ ❑ ❑ Robert Valdati Voter m ❑ ❑ ❑ The Order was thereupon declared duly adopted. Dated: February 27, 2006 2006-02-27 07:30 PM Page 7 Town of Wappinger - Minutes Board Meeting of February 27, 2006 EXHIBIT "A" The proposed District shall consist of all lots subdivided from the parcels identified by Tax Parcel Nos. 13-5689-6257-04-502465 and 13-5689-6257-03-492382, known as the "Shamrock Hills 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 105.68 acres±. T, T� 2006-02-27 07:30 PM Page 8 Town of Wappinger - Minutes Board Meeting of February 27, 2006 STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) 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 _ day of , 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 Dateig ven 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) posted notice Date of Posting IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this day of , 2006. (Corporate Seal) The Resolution is hereby duly declared adopted. RESOLUTION: 2006-73 Resolution Establishing Fees for Town of Wappinger Summer Day Program 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 27th 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 Councilmember- Robert Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Recreation Department wants to establish the fee of One Hundred and 00/100 ($100.00) per child to attend the Town of Wappinger 2006 Summer Camp program, and NOW, THEREFORE, BE IT RESOLVED, The Town Board has authorized the Town 2006-02-27 07:30 PM Page 9 Town of Wappinger - Minutes Board Meeting of February 27, 2006 of Wappinger Recreation Department to charge a fee of One Hundred dollars and 00/100 ($100.00) per child to attend 2006 Town of Wappinger Summer Camp Program. The foregoing was put to a vote which resulted as follows: .V06'1116cord -: bodlutloln 2066-73 Yes /Aye No/Nay Abstain Absent ® Adopted __� Joseph Ruggiero - ----- --- Voter 11 Adopted as Amended - Bettina11 - Seconder mVincent O-- ❑ ❑ Defeated Tabled JhPaolorn Voter 19 ❑ __�_❑ ❑ ❑ Withdrawn Maureen McCarthy i Initiator ❑ ❑ ❑ Robert Valdati p Voter ❑ ❑ ❑ ❑ Dated: Wappingers Falls, New York February 27th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-74 Resolution Designating Health Insurance Providers for Town Employees 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 27th 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 Councilmember- Robert Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, The Town Board of the Town of Wappinger has received bids for health care coverage for Town employees, and WHEREAS, the Town Board has reviewed said bids for their compatibility to the needs of the Town, and WHEREAS, the Town Board of the Town of Wappinger has determined that the CDPHP EPO 20 plan is best suitable for the needs of the town while decreasing the costs of healthcare coverage. 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 authorizes Supervisor Joseph Ruggiero to take whatever steps necessary to offer the CDPHP EPO 20 plan for Town healthcare coverage, and further authorizes Supervisor Ruggiero to sign a contract with CDPHP for services. Dated: Wappingers Falls, New York February 27, 2006 The Resolution is hereby duly declared adopted. 2006-02-27 07:30 PM Page 10 Town of Wappinger - Minutes Board Meeting of February 27, 2006 Vote Record - Resolution 20Q6-74 Yes/Ave Abstain Absent [d Adopted Joseph Ru iero Voter... -No/Nay 0 ❑ Adopted as Amended Vincent Bettina Voter..-._. .; � __ .� 0__- TD_ „ ❑ ❑ Defeated Joseph Paoloni Initiator O --_0 — - --. ❑ _ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter 0 ❑ ---. _ ___❑ ❑ Robert Valdati Seconder 0 ❑ ❑ ❑ RESOLUTION: 2006-75 Resolution Introducing "Local Law No. of the Year 2006 Rescinding Local Law No. 10 of the Year 2005 and Further Designating a Full Stop Intersection At the Southeasterly Corner of Northbound Bel -Air As It Approaches Orange Court" 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 27th 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 - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, "Local Law No. 10 of the Year 2005 Designating a Stop Intersection at the Westbound Intersection of Orange Court with Bel -Air Lane" was duly adopted by the Town Board on September 26, 2005; and WHEREAS, unknown to the Town Board at the time of the adoption of Local Law No. 10 of the Year 2005, a prior Local Law had been adopted which had already designated a stop intersection at the exact same intersection; and WHEREAS, the Town wishes to rescind Local Law No. 10 of the Year 2005 as the same is duplicative; and WHEREAS, it has come to the attention of the Town Board through Highway Superintendent, Graham Foster, that a stop sign and a full intersection should be established at the intersection of the northbound route of Bel -Air Lane as it approaches Orange Court; and WHEREAS, Highway Superintendent, Graham Foster has approved the installation of a stop sign and the establishment of a full stop intersection at the intersection of Bel -Air Lane in a northerly direction as it approaches Orange Court; and WHEREAS, the Town Board has elected to create a full stop intersection at the corner of Bel -Air northbound as it approaches Orange Court; and WHEREAS, the Town Board in accordance with the request and approval of Highway Superintendent, Graham Foster directs the placement of the stop sign on the southeast corner of Bel -Air Lane and Orange Court; 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 Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (17). 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 of the Town of Wappinger hereby introduces for adoption Local Law No. _ of 2006 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (17). 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of 2006-02-27 07:30 PM Page 11 Town of Wappinger - Minutes Board Meeting of February 27, 2006 Local Law No. _ of the Year 2006 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 27th day of March, 2006 at 7;30 p.m., and that the Town Clerk be directed to post and publish Notice of Public Hearing in the form annexed hereto . Dated: Wappingers Falls, New York February 27, 2006 The Resolution is hereby duly declared adopted. Vote;Record - Resolution 2006-75 Yes/Aye No/Nay Abstain Absent m Adopted Joseph Ruggiero Voter .I Q ❑ ❑ ❑ 11 Adopted as Amended Vincent Bettina Voter ❑ -- ---- - - - ._ ❑ 11 ❑ Defeated Tabled Joseph Paoloni Seconder ❑ ❑ ❑ 11 Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Robert Valdati Voter m ❑ ❑ ❑ RESOLUTION: 2006-76 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 27th 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 - Robert Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilman Valdati 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 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 20865 with total of One Hundred Seventeen Thousand, One Hundred Forty-three and 17/100 ($117,143.17). 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 20865: Fund Description Amount A General Fund Town Wide $2,835.07 B General Fund Part Town $42,958.70 DB Highway Fund $493.94 HC Capital Addl Lines Sewer #1 $15,877.29 2006-02-27 07:30 PM Page 12 Town of Wappinger - Minutes HN Capital - WWI 99-2R HR Capital - Town Reassessment Dated: Wappingers Falls, New York February 27, 2006 Board Meeting of February 27, 2006 $24,408.17 $30,570.00 The Resolution is hereby duly declared adopted. ✓ Vote Record - t esoiution 2006-76 D Adopted _. _.. __ . _ ._ Yes/Aye _ No/Nay Abstain _-.-- Absent _.......... ........ ❑ Adopted as Amended Joseph Ruggiero Voter ® D ❑ ❑ ❑ Defeated Vincent Bettina Voter m ❑ ❑ ❑ ❑ Tabled Joseph P.a.9loni Voter 0 ❑ ❑ _ ❑ 11 Withdrawn Maureen McCarthy Seconder m ❑ ❑ ❑ Robert Valdati Initiator ® ❑ _ ❑ ❑ RESOLUTION: 2006-77 Resolution Establishing Benefit Units for Town Owned Properties 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 27th 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 Robert Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, the Town of Wappinger owns various properties throughout the Town, and WHEREAS, each property has a taxable assessed value, and WHEREAS, The Town Board sets the benefit unit assessment for town owned parcels, and wishes to set a benefit unit of one to the following properties for water and sewer: Property 59 Montfort Road Pye Lane 53 Soccerfield Drive 9 Deer Run Road 30 Soccerfield Drive 35 Soccerfirld Drive Old Hopewell Road 14-20 Middlebush Road 14-20 Middlebush Road 9 Mohawk Drive Old Route 9N Myers Corners Road Robert Lane Tax ID Number 6358-03-328267-0000 6358-03-260240-0000 6357-01-125645-0000 6357-01-114977-0000 6357-01-114590-0000 6357-01-083625-0000 6157-01-287538-0000 6157-01-353724-0000 6157-01-353724-0001 6157-01-494503-0000 6158-04-519005-0000 6158-04-805120-0000 6158-04-958200-0000 2006-02-27 07:30 PM Page 13 Town of Wappinger - Minutes Spookhill Road Rec Area 137 Cider Mill Loop 63 Martin Drive Martin Drive Rear Spookhill Road well A Board Meeting of February 27, 2006 6257-01-064793-0000 6258-04-805176-0000 6258-02-852894-0000 6258-02-833937-0000 6257-01-147505-0000 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 sets the benefit unit assessment at one for the following town owned properties: Property Tax ID Number 59 Montfort Road 6358-03-328267-0000 Pye Lane 6358-03-260240-0000 53 Soccerfield Drive 6357-01-125645-0000 9 Deer Run Road 6357-01-114977-0000 30 Soccerfield Drive 6357-01-114590-0000 35 Soccerfirld Drive 6357-01-083625-0000 Old Hopewell Road 6157-01-287538-0000 14-20 Middlebush Road 6157-01-353724-0000 14-20 Middlebush Road 6157-01-353724-0001 9 Mohawk Drive 6157-01-494503-0000 Old Route 9N 6158-04-519005-0000 Myers Corners Road 6158-04-805120-0000 Robert Lane 6158-04-958200-0000 Spookhill Road Rec Area 6257-01-064793-0000 137 Cider Mill Loop 6258-04-805176-0000 63 Martin Drive 6258-02-852894-0000 Martin Drive Rear 6258-02-833937-0000 Spookhill Road well A 6257-01-147505-0000 Dated: Wappingers Falls, New York February 27, 2006 The Resolution is hereby duly declared adopted. YoteRecord:- Resolutlon 2006-77 Yes/Aye No/NayAbstain Absent ® Adopted Joseph Ruggiero f Voter ; m ❑_.__ ❑ ❑ El Adopted as Amended Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Defeated Joseph Paoloni _ Initiator ❑ - ❑ --: _. ❑ 11 ❑ Tabled Maureen McCarthy_ Voter _ m _,.,..,., , 0 - 0 ❑ Withdrawn Robert Valdati Seconder L! ❑ ❑ ❑ RESOLUTION: 2006-78 Resolution Authorizing Highway Superintendent to Go Out to Bid for Supplies and Services 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 27th 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 Robert Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy 2006-02-27 07:30 PM Page 14 Town of Wappinger - Minutes Board Meeting of February 27, 2006 ABSENT: 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 February 10, 2006 a copy of which is attached hereto, to go out to bid for various supplies and services for the Highway Department for 2006, and NOW, THEREFORE, BE IT RESOLVED, Highway Superintendent Graham Foster has been authorized to go out to bid for various supplies and services for the Highway Department for 2006. The foregoing was put to a vote which resulted as follows: Dated: February 27, 2006 Wappingers Falls, New York The Resolution is hereby duly declared adopted. Unanimous Consent ✓ Vote Record - Motion to add r solutions 2666-79 and 200"0 to thea ends Vote Record - Resolution 2QQ6-78 1 Yes/Aye .:.. No/Nay._= Abstain Absent d Joseph Ruggiero i Voter Yes/Aye No/Nay Abstain Absent Adopted ® Adopted Joseph Ruggiero Voter13 ® ❑ ❑ ❑ Seconder ,. Adopted as Amended Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ ❑ ❑ Defeated Joseph- Voter _ m ❑ ❑ ❑ ❑ 11 Tabled Withdrawn .Paoloni_. M Maureen McCarthy -- Initiator 0 ❑ _ ❑ ❑ Robert Valdati Voter 0 ❑ ❑ ❑ Dated: February 27, 2006 Wappingers Falls, New York The Resolution is hereby duly declared adopted. Unanimous Consent ✓ Vote Record - Motion to add r solutions 2666-79 and 200"0 to thea ends 1 Yes/Aye .:.. No/Nay._= Abstain Absent d Joseph Ruggiero i Voter _ _ ❑ 0_ .__ Adopted Vincent Bettina Voter H ❑ ❑ ❑ ❑ Defeated Joseph Paoloni Seconder ,. ❑ _ � ❑ ❑ Withdrawn Maureen McCarthy_ Initiator Q ........ ❑ __ ❑ _ __ ❑ Robert Valdati Voter 0 ❑ ❑ ❑ RESOLUTION: 2006-79 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2006 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 27th 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 Robert Valdati 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. 2006-02-27 07:30 PM Page 15 Town of Wappinger - Minutes Board Meeting of February 27, 2006 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 20866 with total of Five Hundred Thousand, Eight Hundred Seventy-two and 03/100 ($500,872.03). 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 20866: Fund Description Amount A General Fund Town Wide $309,964.81 AM Ambulance Fund $32,960.00 B General Fund Part Town $10,645.70 DB Highway Fund $27,551.07 HG Capital -Greystone $3,590.30 HN Capital -WWI 99-2R $828.00 HP Capital Emergency CWW #1 $356.00 HY Capital Computer Master Plan $6,100.00 ST Wapp Sewer Trans Treat #2 $27,115.87 SV Wapp Sewer Trans Treat 3A $49,857.66 T Trust and Agency T92 $387.45 WC Central Wappinger Water $173.02 WE CWW Emergency $31,072.15 WT Tall Trees Water $270.00 Dated: Wappingers Falls, New York February 27, 2006 The Resolution is hereby duly declared adopted. Vote Record- Resolution 2006-79 :Yes/Axe No/Nay Abstain Absent lZ Adopted -___ _______ �__. Joseph Ruggiero Voter t21 1111 1113Adopted as Amended Vincent Bettina Voter Q ❑ ❑ ❑ 11 Defeated ..._ _.__ Josh Paoloni Seconder m . O --------_ ❑ .. ...... f7 ❑ Tabled Withdrawn _ Maureen McCarthy11 m Initiator m ❑ _� _ _ _� RobertVal61i Voter m ❑ ❑ RESOLUTION: 2006-80 Resolution Authorizing Home Rule Request to Permit Easement across the Kendell Farms Conservation Park 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 27th 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 - Robert Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: 2006-02-27 07:30 PM Page 16 T r Town of Wappinger - Minutes Board Meeting of February 27, 2006 The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, by Resolution No.2005-178, the Town Board of the Town of Wappinger has requested the State Legislature (New York State Senate and New York State Assembly) to authorize the conveyance of a Water and Sewer Easement through the Kendell Farms Park District; and WHEREAS, the request has been forwarded to the New York State Senate and New York State Legislature; and WHEREAS, pursuant to Senate bill No. S6762 and Assembly bill No. 10052, proposed Legislation has been submitted to the New York State Legislature for the purposes of adopting the enabling legislation to permit the conveyance of a Permanent Water and Sewer Easement across the Kendell Farms Conservation Park District NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby issues this Home Rule Request Message for Senate bill No. S6762 and Assembly bill No. 10052, to authorize the Town of Wappinger to convey a Permanent Water and Sewer Easement across the Kendell Farms Conservation Park District, in accordance with the Draft Legislation, a copy of which is affixed hereto. BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this Home Rule Request Message to the New York State Legislature of the State of New York requesting the introduction and adoption of the aforementioned bills. Dated: Wappingers Falls, New York February 27, 2006 The Resolution is hereby duly declared adopted. v" Vote Record - Resolution 2006-80 Yes/Aye No/Nay Abstain Absent m Adopted Joseph Ruggiero Voter lZ ❑ ❑ ❑ 11 Adopted as Amended Vincent_ Bettina Initiator l ❑ ❑ ❑ 11 ❑ Defeated _._._ Joseph Paoloni .._._ ...... Voter0 ❑ _ ❑ ❑ 11 Tabled Withdrawn _ Maureen_Mc k by Seconder 0 ❑ ❑ _� ❑ Robert Valdati 3 Voter 4 ❑ ❑ ❑ New Business NEW BUSINESS Councilmember Valdati informed the Town Board that some time ago a motion was passed to send a letter to the NYS DOT in regard to the traffic on 9D and safety concerns with the Montclair Town House residents. As of yet, we have not received any reply from DOT regarding this issue. He is requesting Supervisor Ruggiero to contact DOT again in regard to the safety concerns on 9D and Montclair and if at all possible have a meeting with that office, members of the Town and the residents in that area. Councilman Valdati also had some concerns with the broken poles that are still in place on Middlebush Road. They have been tied to the replacements and never removed. He is requesting Supervisor Ruggiero to contact Central Hudson to remove them. Graham Foster, Highway Superintendent replied that Verizon was responsible for the removal of the poles. Discussion followed. Councilmember Bettina moved to authorize Supervisor Ruggiero to get in touch with the PSC requesting they contact Verizon to remove all the Telephone poles in the Town that are broken or no longer in use, seconded by Councilmember Valdati. Councilmember Valdati also wished to know the status on Handi-Rental located on Old Hopewell Road. George Kolb, Code Enforcement Director replied that he and the Engineer to the town met on site with the owner of the property and there was a grading permit that was issued to the property that has been rescinded. There are a number of temporary measures that will be taken such as trees, seeding and erosion control until the owners get Planning Board approval. Discussion followed. Councilmember Bettina is requesting Supervisor Ruggiero to contact DOT in regard to the traffic concerns on Chelsea Road. Supervisor Ruggiero replied that he will cover this issue when he meets with Mr. Dennison of the DOT. Supervisor Ruggiero informed Councilmember Bettina that DOT is not 2006-02-27 07:30 PM Page 17 Town of Wappinger - Minutes Board Meeting of February 27, 2006 responsible for speed. The county has the standard answer they give that the road is designed for certain speeds. Councilmember Valdati also wishes to include our Assemblyman and Senator in this meeting. U`ote:tecord`- Motion to Ad]oUrn, . _......... y Yas/Aye , No/Nay y -Abstain Absent Ru 9iero. Voter ❑ Adopted �-- Bet ina Vincenth t _......... Seconder �.._....... ❑ Defeated _ ]oseph Paolorn Voter, ........ 0 ......-_ ❑ —--_.._-____�_____ ❑ -----__-__— ❑ . ... _ ❑ Withdrawn . Maureen McCarthy Initiator 1z ❑ ❑ ❑ Robert Val dati _ Voter m 0 ❑ ❑ The meeting was adjourned at 8:36 pm nC. Mas erson Town Clerk 2006-02-27 07:30 PM Page 18