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2006-04-10 RGMTown of Wappinger Town Board Meeting April 10, 2006 7:30 PM Amended Final Agenda 7:30 Meeting Called to Order on April 10, 2006 at Town Hall, 20 Middlebush Road, Wappingers Falls, NY. I. Call to Order II Suspension of Rules III Receipt and Approval of Minutes A. February 13, 2006 Workshop B. February 27. 2006 Regular Meeting C. March 13, 2006 Workshop D. March 27, 2006 Regular Meeting IV Discussions A. Capparelli Rezone B. Pavement Texturing -Kira Flynn C. Cable Franchise Legislation V Resolutions 2006-112 Resolution Approving 2006 Town of Wappinger Highway Superintendents Bid Report 2006-113 Resolution Authorizing Dog Control Officer to Attend a Training Seminar 2006-114 Resolution Authorization the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2006 2006-115 Resolution Accepting First Reduction in the Letter of Credit Posted for Blackwatch Farms Subdivision 2006-116 Resolution to Authorize Purchase Orders for the Town Recreation Department VI Unanimous Consent 2006-117 Resolution Authorizing Budget Amendments VII New Business/Comments VII Adjournment [I, Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 �r �Town Board Meeting Minutes "' Chris Masterson (845)297-5771 Monday, April, 10, 2006 7:30 PM Town Hall I. Call to Order 7:30 PM Meeting called to order on April 10, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. JosephRuggiero� Town of WappingerSupervisor Present Robert Valdatl Town of Wap in er Councilman Present Vincent Bettina Town of Wappinger Councilman Present Joseph Paoloni Town of Wappinger Councilman Absent Maureen McCarthy Town of Wappinger Councilwoman Absent II. Suspension of Rules 1. Motion to suspend the rules for public comment on the agenda items Vote Record - Motion to suspend the rules for public comment oq the A ends items Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter j 0 ❑ ❑ _ ❑ ❑ Defeated _ _ Robert V_aldett _inaati Seconder 0 ❑ _ ❑ ❑ n Vincet BInitiator ❑ Withdrawn . ... _._ __. _ 0 ❑ _ ❑ ❑ __.. Joseph paoloni Voter _.___.P.___..__._ ❑ ❑ ❑ l?11 Maureen McCarth Voter ❑ ❑ ❑ 0 There were no comments from the public on the agenda items. 2. Motion to reinstate the rules ✓ Vote Record - Motion to reinstate the rules Yes/Aye No/Na Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Defeated Robert Valdati Seconder 0 13 ❑ ❑ Withdrawn Vincent Bettina Vincent B Initiator 0 ❑ ❑ ❑ josephPaoloni Voter ❑❑ ❑ 0 Maureen McCarthyVoter ❑ ❑ ❑ 0 Town of Wappinger Page I Printed 4/20/2006 Town Board Meeting Minutes April 10, 2006 Ill. Receipt and Approval of Minutes A. February 13, 2006 - Workshop B. February 27, 2006 - Regular Meeting C. March 13, 2006 - Workshop D. March 27, 2006 - Regular Meeting 5. Motion to accept the minutes for 2/13/06, 2/27/06, 3/13/06, and 3/27/06 and place them on file Vote record - accept the minutes for 2/13/06 2/27/063/13/06 and 3/27/06 and lace them on file Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter Cd ❑ ❑ ❑ ❑ Adopted Robert Valdati Initiator m ❑ ❑ ❑ Defeated — - Vincent Bettina Seconder m ❑ ❑ - ❑ ❑ Withdrawn _._ Joseph Paoloni Voter 2 _ ❑ ❑ __.. ❑ _.. 0 Maureen McCarthyVoter ❑ O ❑ D IV. Discussions A. Caparelli Re -Zone Caparelli Re -Zone Discussion Jeff Bass, the Engineer representing the Capparelli's, presented a conceptual site plan of the proposed self storage, RV storage, and boat storage facilities that are planned off Route 9D. Jay Paggi, Engineer to the Town, commented that if they went to a zone consistent with the proposed use it would need to go before the Planning Board for a site plan review and possibly a Special Use Permit. In that review, the Town would take an in depth look at the existing wetlands on the site to see how it would impact the proposed use. There are three wetlands that must be addressed: the State DEC wetland, the Federal wetland and the Town wetlands. They are each delineated separately. The other items needed to be discussed are the access off Route 9D and the three drain pipes that have been existing for quite some time on 9D that drain the west side of the road to the east side of the road. Al Roberts, Attorney to the Town, explained that according to the Town Ordinance non-residential sites are permitted multiple uses as long as they meet the minimum requirements for each use. However, much more work needs to be done before this can be considered. Councilman Bettina was concerned that the proposal also needs wet lands delineations. An informal meeting with the residents of the area was proposed by Councilman Bettina to discuss traffic, wet lands and other issues. Discussion followed. The applicant was asked to return with more detail of the proposed plans before a formal application is presented. Supervisor Ruggiero also recommended that the applicant wait until the Engineer returns with his study of permitted uses of Conservation Commercial in other towns. B. Pavement Texturing - Kira Flynn Pavement Texturing Discussion John Oaks gave a presentation on Pavement Texturing. John explained that this product is ideal for crosswalks and parks and went on to explain how the product was installed. It is durable, will last from 7-10 years and is maintenance free. There are approximately twelve patterns to choose from and the cost is between $7412 a square foot to install. Discussion followed. Town of Wappinger Page 2 Printed 4/20/2006 Town Board Meeting Minutes April 10, 2006 C. Cable Franchise Legislation 1. Cable Franchise Legislation Discussion Supervisor Ruggiero announced that Verizon is in the process of building a fiber optic network for the purpose of serving the communities in our area with cable television and other communities are looking at franchise legislation. Al Roberts, Attorney to the Town, looked into this and explained that Verizon is coming into the area in order to provide for Broadband Access and Cable TV. The Town of Poughkeepsie and the Town of Fishkill have adopted comprehensive legislative schemes for controlling the telecommunication grid within their towns. The fee setup in both municipalities is based on gross revenues. In addition they had a franchise fee of $2.50 a linear foot for the length of wire within the municipality. There was a case in Rome, New York, in which the court struck down a percentage of the gross revenues as a fee base. The Supervisor's office has been contacted by Verizon and representatives of Cablevision. Attorneys have been retained by Cablevision and a local law has been proposed that would prohibit the installation of any further utility devices that are 20 cubic feet or more and lower than eight and one half feet above grade. It's been alleged that Verizon has been installing dummy boxes which would eventually be used to allow transmission of cable services into the individual homes. This legislation would prohibit is the installation of any such devices that are lower than eight and one half feet above grade. Discussion followed. V. Resolutions RESOLUTION: 2006-112 Resolution Approving 2006 Town of Wappinger Highway Superintendent's Bid Report 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 10'h day of April, 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 ABSENT: Maureen McCarthy Joseph P. Paoloni The following Order was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has gone out to bid for various supplies and services as follows: Gasoline BOTTINI Per Gal. - Unleaded Plus 89 Octane RFG + +.15 * The Superintendent recommends the bid for Gasoline be awarded to Bottini Fuel. Town of Wappinger Page 3 Printed 412012006 Town Board Meeting Minutes April 10, 2006 #2 Fuel Oil & Diesel Fuel - see attached letter BOTTINI WILSON OIL Per Gal. #2 +.148 * +.2412 Diesel Fuel +.15 * ** +.4012 The Superintendent recommends the bid for #2 Fuel Oil and Diesel Fuel be awarded to Bottini Fuel, based on the attached letter. *(Prices above are based on and will fluctuate with the Journal of Commerce New York Harbor Reseller Tank Car Average posted on the day of delivery.) ** The NYHTCR does not provide for winter blend. There will be additional charges for kerosene used to prevent gelling. Town Bulk Clean-up / Recycle.- see attached letter We received one bid for Town Wide Bulk Cleanup and Recycling, from Royal Carting Service Co. The Superintendent recommends we award the bid to Royal Carting Service Co. Striping of Town Roads The Town of Wappinger Highway Department received one bid for Road Striping, from Atlantic Pavement Marking Inc., as follows: Double Yellow Centerlines $279.00 per mile Single White Edge Lines $159.00 per mile The Superintendent recommends we award the bid to Atlantic Pavement Marking Inc. Catch Basins, Grates, Frames, Manhole Lids, Risers, Water Valve Risers - see attached rates The Superintendent recommends the bids be awarded to the following: Basins 24 x 24 x 24 ESP INC. 24 x 24 x 30 ESP INC. 30 x 48 x 24 ESP INC. 30 x 48 x 30 ESP INC. Catch Basin Risers (2" rise) ''/z" A 36 Mat'l UP TO 550 SQ.IN. ESP INC. 551-625 SQ. IN. ESP INC. 626-730 SQ. IN. ESP INC. 731-1133 SQ. IN. CHEMUNG Town of Wappinger Page 4 Printed 4120/2006 Town Board Meeting Minutes April 10, 2006 OVER 1134 SQ. IN. Manhole Lids 2" x 24 2" x 26 Manhole Risers 2x24 2 %2 x 25 3/8 2X25'/4 Water Valve Risers 6 x 1 6 x 2 6 x 3 7 '/2 x 1 7%2x2 7'/2x3 Grates & Frames 24 x 24 30x30 30 x 48 Road Aiwregates - see attached report CHEMUNG VELLANO EAST JORDON IRONWORKS VELLANO VELLANO VELLANO VELLANO VELLANO VELLANO ESP INC. ESP INC. ESP INC. VELLANO VELLANO VELLANO The Superintendent recommends the bid for Crushed Stone be awarded to Clove Excavators for '/4,3/8, 3/4 and 1 %2. The Superintendent recommends the bid for Crushed Stone be awarded to Tilcon for'/2, 5/8 and 2 %2. The Superintendent recommends the bid for Run of Bank Gravel be awarded to Clove Excavators. The Superintendent recommends the bid for Item 4 be awarded to Clove Excavators. The Superintendent recommends the bid for Washed Gravel be awarded to Clove Excavators for '/4. The Superintendent recommends the bid for Washed Gravel be awarded to Rte. 82 Sand and Gravel for 3/8, Y2,5/8, 3/4, 1 %z, 2 %2. The Superintendent recommends the bid for Tailings be awarded to Rte. 82 Sand and Gravel. The Superintendent recommends the bid for Snow / Ice Aggregates be awarded to Rte. 82 Sand and Gravel. Town of Wappinger Page 5 Printed 4120/2006 Town Board Meeting Minutes April 10, 2006 WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, is requesting that Town of Wappinger Town Board authorize these bids, and NOW, THEREFORE, BE IT RESOLVED, The Town of Wappinger Town Board authorizes the bids listed in The Town of Wappinger Highway Superintendent's 2006 Bid Report. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution 2006-112 Yes/Aye Nq/Nay Abstain — Absent -- 0 Adopted __ Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder 0 O ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Joseph Paoloni Voter O i 0 ❑ 0 ❑ Withdrawn Maureen McCarthyVoter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 10, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-113 Resolution Authorizing Dog Control Officer to Attend a Training Seminar 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 10th day of April, 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 ABSENT: Maureen McCarthy Joseph P. Paoloni The following Order was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, Jerald Owen, Town of Wappinger Dog Control Officer, has requested that he be authorized to attend the New York State Animal Response Team Pet Friendly Evacuation Sheltering Conference on May 19, 2006, at the Holiday Inn Turf, 205 Wolf Road Albany, New York. NOW, THEREFORE, BE IT RESOLVED, that Jerald Owen, Town of Wappinger Dog Control Officer, is hereby authorized to attend the New York State Animal Response Team Pet Friendly Evacuation Sheltering Conference on May 19, 2006, at the Holiday Inn Turf, 205 Town of Wappinger Page 6 Printed 4/20/2006 Town Board Meeting Minutes April 10, 2006 Wolf Road Albany, New York at cost not to exceed Twenty dollars and 00/100 ($20.00). The foregoing was put to a vote which resulted as follows: ✓ Vote Record . Resolution 2006-113. 11 Adopted Ves/Aye No/Nay t Abstain Absent 11 Adopted as Amended Joseph Ruggiero_ Voter �--- — ® ------ - ❑ ❑ ❑ ❑ Defeated Robert Valdati --------- Seconder - ------ 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator m ❑ ❑ ❑ ❑ Withdrawn Josq,h Paoloni Voter ❑ ❑ ❑ BI Maureen McCarth Voter ❑ ❑ ❑ Lf Dated: Wappingers Falls, New York April 10, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-114 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 10th day of April, 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 ABSENT: Maureen McCarthy Joseph P. Paoloni The following Order was introduced by Councilman Valdati and seconded by Councilman Bettina. 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. Town of Wappinger Page 7 Printed 412012006 Town Board Meeting Minutes April 10, 2006 2. The Town Board hereby confirms that it has audited all the claims on the vouchers enumerated in the attached warrant: Abstract 20886 with total of One Hundred -Fifty-five Thousand, Eight Hundred Seventy-seven and 12/100 ($155,877.12). 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 20886: Fund Description Amount A General Fund Town Wide $50,136.86 B General Fund Part Town $16,482.60 DB Highway Funds $3,475.99 HFW Capital- Fleetwood Water $300.00 HG Capital -Greystone Restoration $28,170.00 HN Capital WWI 99-2R $3,641.14 HV Tri -Muni Phase IIIA $603.75 HY Capital -Computer Master Plan $390.00 LC Cameli Light $52.49 LD Chelsea Light $570.74 LH Hughsonville Light $1,685.35 SI Sewer Improvement $291.75 T Trust & Agency $50,048.95 WC Central Wappinger Water $27.50 Town of Wappinger Page 8 Printed 4/20/2006 LTJ Town Board Meeting Minutes April 10, 2006 The foregoing was put to a vote which resulted as follows: ✓`Vote Record - Resolution -20,06-114 Yes/Aye No/Nay Abstain Absent 63 Adopted Joseph Ruggiero _ Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator 0 ❑ _. ❑ ❑ ❑ Defeated _ Vincent Bettina Seconder — ❑ _ ❑ -- ❑ ❑ Tabled ❑ Withdrawn Josh Paoloni —— Voter _ ❑ — _ ❑ ❑ - -- Q Maureen McCarth.__ Voter ❑ ❑ ;� ❑ l� Dated: Wappingers Falls, New York April 10, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-115 Resolution Accepting First Reduction in the Letter of Credit Posted for Blackwatch Farms 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 10th day of April, 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 ABSENT: Maureen McCarthy Joseph P. Paoloni The following Order was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, Blackwatch Development LLC. had made application to the Town of Wappinger Planning Board to approve the subdivision of lands more particularly described in Subdivision Plat entitled `Blackwatch Farms", prepared by Oswald and Gillespie, P.C. dated June 1, 1999, and subsequently revised from time to time; and WHEREAS, Robert V. Oswald, Jr. has transferred all of his right, title and interest into the aforementioned subdivision known as the Blackwatch Farms Subdivision to Blackwatch Development, LLC.; and WHEREAS, the Town of Wappinger Planning Board granted final conditional Town of Wappinger Page 9 Printed 412012006 Town Board Meeting Minutes April 10, 2006 subdivision approval by Resolution dated May 3, 2004, 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, and Rules and Regulations of the Town, and further subject to the requirements set forth in the letter of Paggi, Martin & Del Bene, LLP, Engineer to the Town, dated March 31, 2004, together with the Schedule of Bond Values; and WHEREAS, Town Law §277 requires a developer of a proposed subdivision to 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, Blackwatch Development, LLC., substituted the Performance Agreement and Security posted by Robert V. Oswald, Jr. with a new Performance Agreement executed by Blackwatch Development, LLC., and personally guaranteed by John O'Donnell, individually and James Chirico, individually, which was Secured by a Letter of Credit issued by M&T Bank bearing Letter of Credit No. SB -907772-2000, which Performance Agreement and Letter of Credit was adopted by the Town Board by Resolution 2005-082 at the Town Board meeting held on the 13th day of June, 2005; and WHEREAS, Blackwatch Development, LLC. has completed some of the required improvements; and WHEREAS, by letter dated December 15, 2005, a copy of which is affixed hereto as Exhibit "A", Engineer to the Town, Joseph E. Paggi, Jr. recommended a reduced bond amount to complete the construction of the remaining roadways and improvements, which said reduced bond amount totals the sum of $243,600.00; and WHEREAS, the difference between the Letter of Credit securing the Performance Agreement and the reduced bond amount is $462,085.00 Town of Wappinger Page 10 Printed 4/2012006 Town Board Meeting Minutes April 10, 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 authorizes the Town Supervisor to accept a reduced bond calculation prepared by Engineer to the Town, Joseph E. Paggi, Jr., and further accepts the reduced Letter of Credit in the amount of $243,600.00, which Letter of Credit is drawn on M&T Bank in favor of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution 2006-115 Yes/Aye No/Nay Abstain Absent m Adopted Voter 0 ❑ _ . _ _ ❑ ❑ _ ❑ Adopted as Amended —Utero_ Robe Valdati obe rt - -- Initiator IZ ❑ ❑ ❑ ❑ Defeated -_- Vincent Bettina —Seco—nd�ec0 _._ ❑ i ❑ ❑ ❑ Tabled Joseph Paoloni Voter ❑ ❑ ❑ Withdrawn - Maureen McCarthyVoter -- ❑ ❑ - ❑ _m - 0 Dated: Wappingers Falls, New York April 10, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-116 Resolution to Authorize Purchase Orders for the Town Recreation Department 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 10th day of April, 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 ABSENT: Maureen McCarthy Joseph P. Paoloni The following Order was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Recreation Committee has requested three purchase orders for tick Spraying for May, June/July, and September/October, and -Town of Wappinger Page 11 Printed 412012006 Town Board Meeting Minutes April 10, 2006 WHEREAS, the Recreation Commission received bids as follows: Company Bug Busters N.Y. Tick Control Craig Thomas Pest Control Bid $4,900.00 per visit $5,032.50 per visit $5,870.00 per visit WHEREAS, The lowest bidder for tick spraying is Bug Busters at a cost of Four Thousand Nine Hundred and 00/100 ($4,900.00) per visit 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. Three purchase orders are hereby authorized in the amount of Four Thousand Nine Hundred and 00/100 dollars ($4,900.00) payable to Bug Busters payable from Account A-7110.43 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution 2006-116 Yes/Aye Np/Nay Abstain Absent IZ Adopted Joseph Ruggiero Voter Q ❑ __.. ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ❑ ❑ ❑ ❑ ❑ Tabled — ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Maureen McCarthy Voter ❑ ❑ ❑ El Councilman Bettina wanted to know if all recreation areas were going to be sprayed. Supervisor Ruggiero notified Councilman Bettina that they would be. Dated: Wappingers Falls, New York April 10, 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 12 Printed 4/20/2006 Town Board Meeting Minutes April 10, 2006 VI. Unanimous Consent 1. Motion to add resolution 2006-117 to the agenda by unanimous consent ,/Vote Record -add. resolution 2006-117: to thea enda b unanimous consent Yes/Aye No/Nay i Abstain Absent H Adopted Joseph Ruggiero Voter i Q 13 ❑ ❑ Defeated Robert Valdati. Seconder m ❑ ❑ _ ❑ ❑ Withdrawn _Vincent Bettina Initiator [,� ❑� _ .m. ❑ ❑ Jose h Paoloni Voter _ P ❑ 110 Q _ _. Maureen McCarth - Voter ❑ r ❑ _ RESOLUTION: 2006-117 Resolution Authorizing Budget Amendments 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 10th day of April, 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 ABSENT: Maureen McCarthy Joseph P. Paoloni The following Order was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Town Board of the Town of Wappinger requires a budget transfer to pay BAN interest, hereby amending the Town budget as follows: Authorize Transfer from unspent bond proceeds: Account Amount From: HN 9901.900 $57,211.00 To: WD5031 $57,211.00 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the following budget transfer hereby amending the Town of Wappinger Budget adopted for the calendar year of 2006: Town of Wappinger Page 13 Printed 412012006 Town Board Meeting Minutes April 10, 2006 Authorize Transfer from unspent bond proceeds: Account Amount From: HN 9901.900 $57,211.00 To: WD5031 $57,211.00 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution 2006-117 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Joseph Paoloni Voter ❑ ❑ 1 LJ0 . — __ ---- ❑ Withdrawn Maureen Mc6arth Voter -- ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York April 10, 2006 The Resolution is hereby duly declared adopted. VII. New Business/Comments 1. Councilman Valdati New Business Councilman Valdati wished to thank the Supervisor for following through on getting some of the broken telephone poles removed, especially the one that was snapped on Middlebush Road. Councilman Bettina said there are still several pole stumps in Chelsea that he would like to have removed. 2. Councilman Bettina New Business Councilman Bettina said he received a notice in his mail box from Sun -Up Construction regarding a water line being installed to Chelsea Ridge Apartment. This is the first he has heard about this line. He then requested that the Town Attorney and Town Engineer to come up with some way to get the water for the Chelsea residents. Supervisor Ruggiero replied that this is a privately owned water line that has nothing to do with the town. The Village of Fishkill, as the town has been told, has rights of refusal to accept the pipe. If they refuse to accept the pipe at some future date then the opportunity may be available to the Town of Wappinger or the Town of Fishkill. The Town has attempted to get part of that water for Town residents for the past three years to no avail. Councilman Bettina wishes to set up a meeting with Mayor Miccio and Supervisor Pagones and see what can be done to get municipal water to the residents of Chelsea. Councilman Bettina commented that it is adding insult to injury that "the water line will be right out in front, the people will be inconvenienced in and out of the night... a pipe's there and they can't even tie into it." Supervisor Ruggiero informed Councilman Bettina that the owners of the pipe are spending millions to build it and they do not care what the town's needs are. Councilman Bettina wants something done because the residents are having a lot of problems with their water. Jay Paggi, Engineer to the Town, said that the town has exhausted itself trying to see what actions were necessary to take control of those water lines within the Town of Wappinger. He found out that the Town can't deal directly with Aimco; it needs to deal directly with the Village of Fishkill. Fishkill has the first right of refusal. There were other issues. Before the DEC approved the water supply permit to extend the water line from Fishkill to Chelsea Ridge Apartments Complex, they had to drill an additional well. Councilman Bettina wished to know why he was not made aware of this water line. Mr. Paggi said that the Planning Town of Wappinger Page 14 Printed 4/20/2006 Town Board Meeting Minutes April 10, 2006 Board did a site plan review of the tank at Chelsea Ridge Apartments. The Town is not responsible for inspecting this work. Mr. Roberts informed Councilman Bettina that the Town has had nothing to do with this private matter. It is a private venture between the apartment complex and the Village of Fishkill. Councilman Bettina wished to have the following comment on record: "I am upset that I didn't know about this" - that he had no knowledge of the construction of this water line and would like the residents of Chelsea to be notified that this is a private venture and the town has been exhausting all legal means to find a way for the residents to tie in. Attorney to the Town Al Roberts will research this further. VIII. Executive Session 1. Motion to go into executive session to discuss a personnel issue ✓ Vote Record - to go into executive session to discuss a personnel issue Yes/Aye No/Nay___�_ Abstain Absent 0 Adopted Joseph Ruggiero Voter ISI _._. _ ❑ ❑ ❑ ❑ Defeated Robert Valdati Seconder ® ❑ 0 ❑ ❑ Withdrawn Vincent Bettina Initiator _0 ❑ ❑ ❑ Seconder Joseph Paoloni Voter ❑ ❑❑ ❑ 0 VlncentBettina _ __ _ .._ Maureen McCarthyVoter ❑ ❑_. ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ The Board went into executive session at 9:16 PM. 2. Motion to come out of executive session ✓ Vote Record - come out of executive session Yes/Aye No/Nay Abstain Absent Joseph Voter 0 ❑ ❑ ❑ 0 Adopted _ Robert Valdati _ Initiator _ _ 0 . _ ❑ ❑ ❑ ❑ Defeated — - Seconder 0 ❑ ❑ ❑ ❑ Withdrawn VlncentBettina _ __ _ .._ Seconder ..___ . _.___.. it _._ ❑ ❑ .. . ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Maureen McCarthy Voter ❑ ❑ ❑ 0 The Board came out of executive session at 9:25 PM. IX. Adjournment 1. Motion to adiourn ✓ Vote Record - adjourn Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter 0 1 11 ❑ ❑ 0 Adopted Robert Valdati Initiator 0 ❑ ❑ ❑ ❑ Defeated ❑ Withdrawn Vincent Bettina Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Maureen McCarthyVoter1 ❑ ❑ ❑ 0 The Meeting adjourned at 9:25 PM. John C. Masterson Town Clerk Town of Wappinger Page 15 Printed 412012006