Loading...
2006-06-26 RGMTown of Wappinger Town Board Meeting June 26, 2006 7:30 PM Agenda 7:30 PM Meeting called to order on June 26, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Suspension of Rules III. Minutes Approval 1. Monday, May 22, 2006 2. Monday, June 05, 2006 IV.. Acceptance of Correspondence Log 2006-160. Resolution Authorizing Placement of Correspondence on File V. Discussions A. Carnwath Summer Camp - Hayden Wayne and Skip Rottkamp B. Rockingham Curbs - Graham Foster and Craig Burk C. 339 All Angels Hill Road Water Tenancy - Jay Paggi D. Highway Bonding - Graham Foster E. Soccer Capital Plan - Jay Paggi and Field Turf F. Escrow and Recreation Fees Local Law - David Stolman G. Motorcycle Local Law - David Stolman H. Heart Acura Sewer Line - Jay Paggi VI. Resolutions 2006-161. Resolution Introducing Local Law No. of 2006 Amending the Town of Wappinger Code regarding Recreation Fees and Escrow Accounts 2006-162. Resolution Introducing Local Law No. of 2006 Amending the Town of Wappinger Zoning Law Regarding the Removal of Section 240-70.I and the Correction of Section 240-67.G 2006-163. Resolution Awarding Bid for Traffic Warrant Analysis 2006-164. Resolution Amending Town Board Schedule of Meetings 2006-165. Resolution Authorizing Refund of Unused Escrow for 38 Whites Corner Lane for Seeding and Paving of Driveway 2006-166. Resolution Authorizing Refund of Unused Escrow for 84 New Hackensack Road for Seeding and Paving of Driveway VII. Comments and New Business VIII. Adjournment Ll Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 Chris Masterson (845)297-5771 Monday, June 26"', 2006 7:30 PM Town Hail I. Call to Order Supervisor Ruggiero called the meeting to order at 7:43 PM. Attendee Name Qr` izat --'title _ ? Status °Arrived _ _._ ._ Joseph Ruggiero Town of Wappi er , Supervisor Present ...._--- Robert Valdatl Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman 1 Present Joseph Paoloni Town of Wappinger Councilman Present Maureen McCarthy: Town of Wappinger Councilwoman Present II. Suspension of Rules 1. Motion to suspend the rules for public comment on the agenda items ✓Vote Record -Motion to sns' `end the rules or tblic comment on'th.a ` nda items --0 Yew I No/Nay _ Yes/A a N! IN- Abstain n Absent Voter _ w Joseph Ruggiero Voter 0 ❑ i ❑ ❑ ® Adopted Robert Valdati Voter ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 1� _ ❑ ❑ Joseph Paoloni ❑ Withdrawn Joseph Paoloni Voter ® ❑ { ❑ L ❑ _ Initiator Maureen McCarthySeconder ❑ 0 ❑ ❑ ❑ There were no comments from the public. 2. Motion to reinstate the rules ✓ Vote Record - Motion to reinstate the iitlea June 05 and °lace tbem`on file --0 Yew I No/Nay _ Abstain ' Absent 0 Adopted Joseph Ruggiero Voter _ To _ E ❑ 11❑ Robert Valdati ;Seconder Robert Valdati Seconder 0❑ 1 ❑ ❑ 11Defeated Vincent Bettina --' ---- Voter 0 ❑ --111111-L ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Maureen McCarthy Initiator 0 ❑ ❑ ❑ III. Minutes Approval 1. Monday, May 22nd, 2006 2. Monday, June 05th, 2006 ✓ Vote Record - Motion -to acce t the minutes for"M&Y,22°0i and June 05 and °lace tbem`on file Yes/Aye No/Nay stain Absent 0 Adopted Jose h Ru iero Voter0 ❑ _._®� ❑ _ E ❑ Robert Valdati ;Seconder 0� ❑ ❑ Defeated ---Vincent -Bettinaa Voter _ ___- __ 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Maureen McCarthyInitiator 0 ? ❑ ❑ ❑ IV. Acceptance of Correspondence Log RESOLUTION: 2006-160 Resolution Authorizing Placement of Correspondence on File NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. Town of Wappinger Page 1 Printed 6/28/2006 Regular Meeting Minutes June 26, 2006 The foregoing was put to a vote which resulted as follows: Dated: Wappingers Falls, New York June 26t , 2006 The Resolution is hereby duly declared adopted. V. Discussions A. Carnwath Summer Camp - Hayden Wayne and Skip Rottkamp Town of Wappinger Recreation Director, Skip Rottkamp, was present to discuss the Town's plans for a Carnwath Farms Complete Arts Workshop. Along with Mr. Rottkamp was Mr. Hayden Wayne. Mr. Rottkamp gave a brief update of the progress and then introduced Mr. Wayne. Mr. Wayne spoke of how he envisioned the camp and how he would go about building it. At the end of Mr. Wayne's presentation, he fielded questions from the Town Board. Supervisor Ruggiero closed the discussion at 8:33 PM. B. Rockingham Curbs - Graham Foster and Craig Burk Graham Foster and Craig Burk gave a presentation regarding curbing technology. The Town Board had authorized bonding to reconstruct curbing in the Town of Wappinger. Mr. Foster came across technology that would do the work for far less than first anticipated. He brought in Scott Way and Craig Burk to explain their product to the Town Board. Mr. Foster first explained that it was a concrete curb that is epoxied down to the existing blacktop. The Town plans on using this in the Rockingham/Regency area. The road would be reduced by two feet — one on each side. Once constructed, it would better satisfy the requests of DEC to have less pervious surfaces. Mr. Foster turned the discussion over to Mr. Way who immediately asked if the Board had any questions. Councilman Paoloni asked why the road needed to be taken down in width and if it had the same shelf life as regular concrete curbs. Mr. Way explained that these curbs would go in front of the existing curbs. To answer the second question, he replied that the shelf life of all concrete is typically the same. Mr. Paoloni then asked if this product would discolor. Mr. Way and Supervisor Ruggiero both commented that you could not tell the difference between this product and traditional curbing. Engineer to the Town, Jay Paggi, explained that traditional concrete curbs are dug 18-20 inches deep. There are 12 inches beneath the surface and 6 inches revealed. This product is 6 inches high but is epoxied to the blacktop. It is reinforced with fiber mesh that provides strength. Since it is epoxied, the blacktop surface would need to be cleaned. The curbing has the ability to dislodge, but it would most likely tear up the blacktop before the epoxy bond fails. Mr. Way pointed out that, in a neighborhood like Rockingham, there would be gas lines, mailboxes, and driveways to contend with when installing a curb. His company could complete almost 1000 feet in a day. The cost of the project is estimated to be t/4 of constructing a traditional curb. Discussion followed. Supervisor Ruggiero closed the discussion at 8:45 PM. C. 339 All Angels Hill Road Water Tenancy - Jay Paggi Supervisor Ruggiero stated that the Town had received a request for water tenancy from a Mr. Vincent Milazzo concerning 339 All Angels Hill Road. He then asked Jay Paggi to comment. The subject parcel is the first lot in Meadowood Section 2, which backs up into Regency Drive. The Town has an easement through there which is an 8" water line. It was constructed by the Meadowood developers and will be given to the Town. The parcel is not within the Central Wappinger Water District. Mr. Milazzo stated that his neighbor had to dig a 750 foot well at a cost of $18,000. The line is 12 feet away from the foundation of the house, which is under construction. The builder and the owner of the parcel have requested tenancy. If the Board agreed to allow this tenancy, the owner would have to agree to all of the tenancy stipulations and sign the "Permission to Become Tenant" application. Councilman Paoloni and Councilman Valdati voiced concern about making consistent decisions regarding tenancy approval. Discussion followed. Councilman Valdati made a motion that the Town Board tentatively grant Town of Wappinger Page 2 Printed 6/28/2006 L� I RtUIuNOtt°006.16p ® Ado ted p _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Jose h Ru iero -- Voter - ® -- ❑i ---t ❑ ❑ ❑ Defeated Robert Valdati Voter ® _m ❑ ❑� ❑ Tabled Vincent Bettina Seconder _ ® ❑ . _ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ® ( ❑ t ❑ ❑ Maureen McCarthyInitiator ® ❑ ❑ ❑ Dated: Wappingers Falls, New York June 26t , 2006 The Resolution is hereby duly declared adopted. V. Discussions A. Carnwath Summer Camp - Hayden Wayne and Skip Rottkamp Town of Wappinger Recreation Director, Skip Rottkamp, was present to discuss the Town's plans for a Carnwath Farms Complete Arts Workshop. Along with Mr. Rottkamp was Mr. Hayden Wayne. Mr. Rottkamp gave a brief update of the progress and then introduced Mr. Wayne. Mr. Wayne spoke of how he envisioned the camp and how he would go about building it. At the end of Mr. Wayne's presentation, he fielded questions from the Town Board. Supervisor Ruggiero closed the discussion at 8:33 PM. B. Rockingham Curbs - Graham Foster and Craig Burk Graham Foster and Craig Burk gave a presentation regarding curbing technology. The Town Board had authorized bonding to reconstruct curbing in the Town of Wappinger. Mr. Foster came across technology that would do the work for far less than first anticipated. He brought in Scott Way and Craig Burk to explain their product to the Town Board. Mr. Foster first explained that it was a concrete curb that is epoxied down to the existing blacktop. The Town plans on using this in the Rockingham/Regency area. The road would be reduced by two feet — one on each side. Once constructed, it would better satisfy the requests of DEC to have less pervious surfaces. Mr. Foster turned the discussion over to Mr. Way who immediately asked if the Board had any questions. Councilman Paoloni asked why the road needed to be taken down in width and if it had the same shelf life as regular concrete curbs. Mr. Way explained that these curbs would go in front of the existing curbs. To answer the second question, he replied that the shelf life of all concrete is typically the same. Mr. Paoloni then asked if this product would discolor. Mr. Way and Supervisor Ruggiero both commented that you could not tell the difference between this product and traditional curbing. Engineer to the Town, Jay Paggi, explained that traditional concrete curbs are dug 18-20 inches deep. There are 12 inches beneath the surface and 6 inches revealed. This product is 6 inches high but is epoxied to the blacktop. It is reinforced with fiber mesh that provides strength. Since it is epoxied, the blacktop surface would need to be cleaned. The curbing has the ability to dislodge, but it would most likely tear up the blacktop before the epoxy bond fails. Mr. Way pointed out that, in a neighborhood like Rockingham, there would be gas lines, mailboxes, and driveways to contend with when installing a curb. His company could complete almost 1000 feet in a day. The cost of the project is estimated to be t/4 of constructing a traditional curb. Discussion followed. Supervisor Ruggiero closed the discussion at 8:45 PM. C. 339 All Angels Hill Road Water Tenancy - Jay Paggi Supervisor Ruggiero stated that the Town had received a request for water tenancy from a Mr. Vincent Milazzo concerning 339 All Angels Hill Road. He then asked Jay Paggi to comment. The subject parcel is the first lot in Meadowood Section 2, which backs up into Regency Drive. The Town has an easement through there which is an 8" water line. It was constructed by the Meadowood developers and will be given to the Town. The parcel is not within the Central Wappinger Water District. Mr. Milazzo stated that his neighbor had to dig a 750 foot well at a cost of $18,000. The line is 12 feet away from the foundation of the house, which is under construction. The builder and the owner of the parcel have requested tenancy. If the Board agreed to allow this tenancy, the owner would have to agree to all of the tenancy stipulations and sign the "Permission to Become Tenant" application. Councilman Paoloni and Councilman Valdati voiced concern about making consistent decisions regarding tenancy approval. Discussion followed. Councilman Valdati made a motion that the Town Board tentatively grant Town of Wappinger Page 2 Printed 6/28/2006 L� I Regular Meeting Minutes June 26, 2006 the resident's request for tenancy pending submission of the tenancy application. Councilman Bettina seconded and the motion passed unanimously. Supervisor Ruggiero closed the discussion at 9:00 PM. Motion that the Town Board tentatively grant the resident's tenancy request ✓'Vote Record - Motion'that the,tOn Boardiintatixel trant the,risid6atItUnancy riiiiigt Yes/Aye No/Na 1 Abstain y Absent E] Joseph Ruggiero Voter 0 ❑ ❑ I ❑ Adopted Robert Vaidati Initiator C� ❑ ❑ ❑ ❑ Defeated ❑ Withdrawn VincentBe/Ittina Jose h P� aoloni Seconder Voter 0 ❑ ❑ ❑ ❑ � ❑ ❑ ❑ _ _. _ ! .. M Maureen cCarth oter 0 ? ❑ ❑ ❑ D. Highway Bonding - Graham Foster Supervisor Ruggiero stated that the Town Highway Superintendent, Graham Foster, is looking to put together the Highway Capital program for 2006. Topics covered in the Mr. Foster's memo, and this town board discussion, included the plan for paving, the plan for replacement of equipment, and the effect that the Consolidated Local Street and Highway Improvement Program (CHIPS) is causing. Supervisor Ruggiero pointed out that there is still an outstanding bond. Supervisor Ruggiero would like to rescind that bond and issue and new one. Mr. Foster proposed paving Smithtown Road, Daniel Sabia Drive, Robert Lane, Amherst Lane, Bowdoin Lane, Cameron Lane, and Steinhaus Lane. Mr. Foster pointed out that the CHIPS came in higher than anticipated. He budgeted for $100,000 and it actually came in over $120,000. Supervisor Ruggiero asked about the mileage on the vehicles to be replaced. Mr. Foster listed the mileage for all vehicles to be replaced over the next two years. Councilman Valdati asked when the last time the streets in Tall Trees were paved. Mr. Foster replied that he has been with the Town since 1990 and they have not been paved since he's been here. He is trying to go through the wards to find out which roads have not been paved since 1990. Then he will address those streets in order, starting with the ones in the worst condition. Supervisor Ruggiero closed the discussion at 9:03 PM. E. Soccer Capital Plan - Jay Paggi and Field Turf Supervisor Ruggiero began this discussion with a brief history of Airport Park Soccer Facility. He then asked Mr. Paggi to begin his presentation to the Board. There are currently three fields in the complex — two of those fields are in use. Two years ago, the Town was approached by the soccer group to get the fields improved. When the fields were developed in the late 1980's and early 1990's, the wetlands laws were at a certain level. The laws are now stricter. Mr. Paggi went and found out where the wetlands were and advised the soccer group that the Town would have to obtain the proper permits. The permits came in earlier this year. Mr. Paggi's firm then prepared estimates to upgrade the fields. When the fields were done in the 1990's, they were "roto -tilled", leveled, and seeded. Now, because of the extensive use of the field, the type of soil, and other factors, the field is at a level that it can't be used. Mr. Paggi went on to explain the different structural upgrades that the field would receive. Instead of using sod or seed for the field, there is the alternative of using artificial turf. If all four fields received grass fields, the cost would be about $887,000. If three fields received grass and "Field B" received artificial turf, the cost would be $1,457,000. Mr. Paggi introduced Mr. Perry DiPiazzo, Seamus Petrozelli, and Matt Olds from Field Turf. Mr. DiPiazzo gave a brief overview of his company, including a list of clients, and a detailed description of his artificial turf field. Mr. Petrozelli said that it would take 30 days to put the drainage in and 3 weeks to put the turf in. Discussion followed. Supervisor Ruggiero closed the discussion at 9:41 PM. F. Escrow and Recreation Fees Local Law - David Stolman David Stolman began his presentation talking about the recreation fees local law. The State enabling legislation, which in this case is the New York State Town Law, allows the Town to reserve parkland and/or collect recreation fees with respect to site plans involving residential units. Up to this point, the Town has collected recreation fees on subdivisions of individual lots. The Town could collect recreation fees on other items, such as apartment complexes for example, where site plan approval was being granted. Supervisor Ruggiero asked if the Town currently did not have that ability. Mr. Stolman clarified that the Town currently does not have it in its regulations. He went on to say that changing this Local Law would put it into the Town's Zoning Law and in Chapter 122, which is "fees and fines". The second part of Mr. Stolman's presentation had to do with escrow accounts. There is one paragraph in the appendix of the Zoning law that deals with escrow accounts. The paragraph would need to be rewritten so that it Town of Wappinger Page 3 Printed 6/28/2006 Regular Meeting Minutes June 26, 2006 makes sense in regards to application reviews and setting up separate escrow accounts for post - approval. Supervisor Ruggiero explained the current procedures involving escrows and how the changing of this Local Law would correct the certain problems that are encountered. Mr. Stolman then went over some wording changes that needed to be made. Supervisor Ruggiero asked if Mr. Stolman had the final form of the Local Law. Mr. Stolman replied that he did not have it at the time. Since the final form of the Local Law was not on hand, Supervisor Ruggiero asked Mr. Stolman to have the final form for the Town Board Meeting to take place on Wednesday, July 5th, 2006. Supervisor Ruggiero closed the discussion at 9:50 PM. G. Motorcycle Local Law - David Stolman Mr. Stolman began the discussion by pointing out that this discussion was in reference to the resolution that was before the Board to remove section 240-70.I and to correct section 240.67.G of the Town of Wappinger Zoning Law. Motor vehicle sales establishments are a special permit use. The individual special permit standards are in section 240-67. At the end of section 240-67 is subsection "G". Section "G" mentions the fact that the sale of small motor vehicles will be treated as a retail use. Mr. Stolman clarified that regular motor vehicles, such as cars, are a special permit use. Smaller vehicles, such as motorcycles and go-karts, are retail use. Back in 2001, the same section regarding the sale of small vehicles was put under the heading 240-70: "repair garages". Mr. Stolman and Marco Caviglia both commented that they believe this paragraph was put there in error. Councilwoman McCarthy moved to close this discussion and move into executive session to discuss the matter with the Town Attorney. The motion was seconded by Supervisor Ruggiero and passed unanimously. The Town Board moved into executive session at 9:57 PM. VI. Executive Session 1. Motion to go into executive session at 9:57 PM. doteCecord .I4I6416n # o in#d executive session ae9sion Yes/Aye No/Nay Yes/Aye No/Nay Abstain Absent .b0._ _ + 0 ❑ Josh Ruggiero Seconder ® Voter ❑ ❑ 0 Adopted Robert Valdati -VinceentBettina Voter Initiator 0 ...... I ❑ j�_ ❑ _ ❑ _ ❑ Defeated Voter Voter ❑ i 0 ❑ ❑ ❑ ❑ Withdrawn _ Joseph Paoloni _e Voter 0 ❑ ❑ ❑ Maureen McCarthyInitiator 0 ❑ ❑ ❑ 2. Motion to come out of executive session at 10:17 PM. °✓Y`o°#e iLecorc#= lvTo#tdri tb Catn� ou#of a%ecn#iYe ae9sion Yes/Aye No/Nay Absent 0 Adopted Josh Ru�iero Voter + 0 ❑ _Abstain ❑ ❑ Robert Valdati Voter 0 ❑ ❑ O ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn ,,,JosephPaoloni Voter 0 1 ❑ } ❑ i ❑ Maureen McCarthySeconder 0 t VII. Discussions — Continued A. Heart Acura Sewer Line - Jay Paggi Engineer to the Town, Jay Paggi, explained that when the Town entered into an agreement with Heart Acura and Corporate Park, which extended the Wappinger Park Water district and made the property part of the Tri -Municipal Phase 3A Sewer Improvement Area, there was an option to extend the sewer line to its most southern portion of the property. The Town has decided to exercise that option. Supervisor Ruggiero moved to authorize the Town Attorney and Town Engineer to draft a letter to the property owner. Councilman Bettina seconded the motion and it passed unanimously. Supervisor Ruggiero closed the discussion at 10:27. VIII. Resolutions RESOLUTION: 2006-161 Resolution Introducing Local Law No. of 2006 Amending the Town of Wappinger Code Regarding Recreation Fees and Escrow Accounts WHEREAS, the Town Board of the Town of Wappinger has determined that Chapter 122, Fees and Fines; Chapter 217, Subdivision of Land; and Chapter 240, Zoning Town of Wappinger Page 4 Printed 6/28/2006 LT Regular Meeting Minutes June 26, 2006 of the Town of Wappinger Code should be amended so as: to be consistent with the New York State enabling legislation (the Town Law) with respect to recreation fees; and to clarify and improve the Town Code provisions regarding escrow accounts for development projects (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption of proposed Local Law No. _ of 2006 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are to remain in full force and effect and are otherwise ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. _ of 2006 for 7:30 PM on the _ day of , 2006 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution 2006-161 ❑ Adopted _ _ Yes/Aye No/Na� Abstain Absent_ ❑ Adopted as Amended Jose h Ru iero Voter 0 0 ❑ ❑ ❑ Defeated Robert Valdati Voter ® ❑ ❑ ❑ 0 Tabled Vincent Bettina Initiator 13 ❑ f ❑ ❑ ❑ Withdrawn Joseph Paoloni seconder 0 ❑ ❑ ❑ Next: Jul 05t°, 2006 7:30 PM Maureen McCarthyVoter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 26t , 2006 The Resolution is hereby tabled. RESOLUTION: 2006-162 Resolution Introducing Local Law No. of 2006 Amending the Town of Wappinger Zoning Law Regarding the Removal of Section 240-70.I And the Correction of Section 240-67.G WHEREAS, the Town Board of the Town of Wappinger has determined that Section 240-70.I of the Town of Wappinger Zoning Law should be removed in order to correct the error made in adopting this section (the "Proposed Action'); and WHEREAS, the Town Board believes the subject section was adopted in error Town of Wappinger Page 5 Printed 6/28/2006 Regular Meeting Minutes June 26, 2006 because: 1. Section 240-67 of the Zoning Law pertains to motor vehicle sales establishments; 2. Section 240-70 pertains to repair garages; 3. The text of Section 240-70.I pertains to small motor vehicle sales (not repair garages) and is therefore misplaced in Section 240-70; and 4. The text of Section 240-70.1 is repeated verbatim in Section 240-67.G, where it should be located; and WHEREAS, the Town Board has also determined that there is a need to correct Section 240-67.G with respect to an erroneous reference to Section 240-70; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. _ of 2006 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are to remain in full force and effect and are otherwise ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the ad?Etion of the annexed proposed Local Law No. _ of 2006 for 7:30 PM on the 28 day of August, 2006 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: ✓`, o. .Record-ResointCtie 2006462 Yes/Aye No/Nay Abstain 3 Absent 0 Adopted Jos❑ Ruiero Voter ® ❑ ❑ ❑ Adopted as Amended bert .11§1 e I con der ® ❑ ❑ ❑ ❑ Defeated — Vmceh ntBettana Voter ❑ ❑ �_.� ❑ ❑ Tabled Withdrawn Jose h Paoloni � Voter _ ❑ Maureen McCarth Initiator ff ❑ ❑ ❑ Dated: Wappingers Falls, New York June 26t , 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 6/2812006 I LJ Regular Meeting Minutes June 26, 2006 RESOLUTION: 2006-163 Resolution Awarding Bid for Traffic Warrant Analysis WHEREAS, The Town of Wappinger Town Board had Jay Paggi, Town Engineer, go out to bid for a company to perform a Traffic Warrant Analysis at the Intersection of Route 9D and the Montclair Town homes Access Drive, and WHEREAS, Jay Paggi, in his letter dated June 19th, 2006, which is attached hereto, has received two bids, which are as follows: Company Price Frederick P. Clark Associates, Inc. $3,500.00 John Collins Engineers, P.C. $3,500.00 WHEREAS, the Town of Wappinger Town Board awards the bid for the Traffic Warrant Analysis to Frederick P. Clark Associates, Inc. in the amount of Three Thousand Five Hundred and 00/100 ($3,500.00). 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. A purchase order is hereby authorized in the amount of Three Thousand Five Hundred dollars and 00/100 ($3,500.00) to Frederick P. Clark Associates, Inc for the traffic warrant analysis The foregoing was put to a vote which resulted as follows: ✓ Yate Record - Resolution 2006-163 0Ado Yes/Aye Norway Abstain Absent p ted Jose h Ru iero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati ldati Initiator la �— �❑ � ❑ � ❑ ❑ Defeated — Vincent Bettina __... Voter ® ❑ ❑ ❑ ❑ Tabled ....._. Joseph Paoloni .. �._._.....�._. Voter EI ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthySeconder El i ❑ ❑ ❑ Dated: Wappingers Falls, New York June 26 , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-164 Resolution Amending Town Board Schedule of Meetings WHEREAS, the Town Board has heretofore established a Schedule of Town Board Meetings for Calendar Year 2006; and WHEREAS, the Town Board scheduled meetings for the second and fourth Monday of every month, and WHEREAS, due to summer vacation schedules and other commitments, several of the Town Board Members have requested that the Schedule of Town Board Meetings for the months of July and August be amended. 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 Meetings scheduled for July 10th, July 24th, and August 14th, 2006, at 7:30 p.m., are hereby cancelled. 3. One (1) new Town Board Meeting is hereby scheduled for July 5th, 2006 at 7:30 p.m. at Town Hall. 4. The Town Clerk is hereby directed to publish the new dates of the Board meetings. 5. The regularly scheduled Town Board Meetings heretofore established by the Town Board shall be resumed commencing with the August 28th, 2006 Town Board Meeting. Town of Wappinger Page 7 Printed 6/28/2006 Regular Meeting Minutes June 26, 2006 The foregoing was put to a vote which resulted as follows: Y�d�Tt�cord �. Reaoluttott ZOOS -164 �fr Ate bilutton 204& SSS ® Adopted 0 Yes/Aye No/Nay Abstain Absent 13 Adopted as Amended Joseph Ru i. ero - - - Voter --- i 0 ❑ _ ❑ _ . ❑ _ .... ❑ Defeated Robert Valdati — -_ Seconder -_ 0 _ ____ _ ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter_ 0 ❑ ❑ ❑ _ . ...... ❑ Withdrawn Joseph Paoloni _ _.- .._ _ Voter 0� -„_ _ . _ ❑ ! ❑ ❑ ❑ Maureen McCarthyInitiator �.� 0 rt- ❑ . _ � _ ❑ ......_.. _ ❑ Dated: Wappingers Falls, New York June 26t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-165 Resolution Authorizing Refund of Unused Escrow for 38 Whites Corner Lane for Seeding and Paving of Driveway WHEREAS, on or about December 21St, 2005, Ms. Kim O'Donnell deposited Two Thousand Dollars and 00/100 ($2,000.00) for seeding and Sixteen Thousand Dollars and 00/100 ($16,000.00) for driveway with the Town of Wappinger for the property located at 38 Whites Corner Lane, and WHEREAS, Ms. Kim O'Donnell has requested a refund in the amount of Eighteen Thousand Dollars and 00/100 ($18,000.00) and has been recommended by George Kolb, Director of Code Enforcement to the Town of Wappinger, in his letter dated June 15th, 2006, approving seeding, and Graham Foster, Highway Superintendent, in his letter dated June 5th, 2006, approving paving of driveway. 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 Eighteen Thousand Dollars and 00/100 ($18,000.00) made payable to Ms. Kim O'Donnell, Account Number 2005-0443, for the refund of the unused escrow funds deposited for the property located at 38 Whites Corner Lane. The foregoing was put to a vote which resulted as follows: Dated: WappinMers Falls, New York June 26t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-166 Resolution Authorizing Refund of Unused Escrow for 84 New Hackensack Road for Seeding and Paving of Driveway WHEREAS, on or about April 5th, 2006, Mr. Carlo Porco deposited One Thousand Five Hundred Dollars and 00/100 ($1,500.00) for seeding and Three Thousand Dollars and 00/100 ($3,000.00) for paving of driveway with the Town of Wappinger for the property located at 84 New Hackensack Road, and WHEREAS, Mr. Carlo Porco has requested a refund in the amount of Four Thqusand Five Hundred and 00/100 ($4,500.00) and has been recommended by Salvatore Morello, Code Enforcement Officer to the Town of Wappinger, and Graham Foster, Highway Superintendent, in their letters dated June 7th, 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. Town of Wappinger Page 8 Printed 6/28/2006 �fr Ate bilutton 204& SSS 0 Adopted __��__ -- Joseph Ruggiero Voter - Yes/Aye 0 NoMay + ❑ Abstain Absent - ❑ ❑ ❑ Adopted as Amended ❑ Defeated Robert Valdati Voter,_ 0 ❑ ❑ 134- ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jose h Paoloni Initiator i 0 ❑ ❑ ❑ Maureen McCarthySeconder 0 ❑ ❑ ❑ Dated: WappinMers Falls, New York June 26t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-166 Resolution Authorizing Refund of Unused Escrow for 84 New Hackensack Road for Seeding and Paving of Driveway WHEREAS, on or about April 5th, 2006, Mr. Carlo Porco deposited One Thousand Five Hundred Dollars and 00/100 ($1,500.00) for seeding and Three Thousand Dollars and 00/100 ($3,000.00) for paving of driveway with the Town of Wappinger for the property located at 84 New Hackensack Road, and WHEREAS, Mr. Carlo Porco has requested a refund in the amount of Four Thqusand Five Hundred and 00/100 ($4,500.00) and has been recommended by Salvatore Morello, Code Enforcement Officer to the Town of Wappinger, and Graham Foster, Highway Superintendent, in their letters dated June 7th, 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. Town of Wappinger Page 8 Printed 6/28/2006 Regular Meeting Minutes June 26, 2006 2. Payment is approved in the amount of Four Thousand Five Hundred Dollars and 00/100 ($4,500.00) made payable to Mr. Carlo Porco, Account Number 2005-0058, for the refund of the unused escrow funds deposited for the property located at 84 New Hackensack Road. The foregoing was put to a vote which resulted as follows: ✓ Vote Record M Resdlution 2006-1'" 2006=167to a enda b unanimous consent 0 Adopted _I m Ye"ye _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Rup, ig ero Voter Q ❑ ❑ ❑ ❑ Defeated–Vincent—Bettina— Robert Valdati Voter – Q ❑ ❑ ❑ ❑ Tabled �._ Voter Q ❑ ❑ _..._ ❑ ❑ Withdrawn Joseph Paoloni ? Initiator Q ❑ ❑ ❑ _ Maureen McCarthySeconder ❑ Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 26t , 2006 The Resolution is hereby duly declared adopted. 7. Motion to add Resolution 2006-167 to agenda by unanimous consent *� Vote Record -Motion to add resolution 2006=167to a enda b unanimous consent _I m Ye"ye NoINay Abstain Absent ..__,,. Joseph Ruggiero Voter Q ❑ ❑ ❑ Q Adopted Robert Valdati Seconder Q ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Jose h Paoloni Voter Q ❑ ❑ ❑ _ Maureen Mc& _ Q ❑ ❑ "�� _Q'� Maureen McCarth Initiato4 r ❑ ❑ Motion to add Resolution 2006-168 to the agenda by unanimous consent ✓ Vote Record. Motion to add 'resolution 2066468 to thea enda by,unjknlrnous consent Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter ( Q ❑ ❑ ❑ Q Adopted Valdati Seconder k . _._ . __ —G ® ❑ _ }� ❑ .❑ ❑ ❑ Defeated �.� _._ � V cnlent � ❑ � ❑ Withdrawn Jose h Paoloni Voter Q [ ❑ ❑ � ❑ _ Maureen Mc& Initiator Q ❑ ❑ ❑ RESOLUTION: 2006-167 Resolution Accepting Detention Pond Constructed In Furtherance of the Carmel Heights Subdivision and Accepting Maintenance Agreement Secured by Letter of Credit WHEREAS, the Town Board has previously accepted all of the improvements made in connection with the Carmel Heights Subdivision exclusive of a Detention Pond, all in accordance with a Resolution dated October 27th, 2003; and WHEREAS, the developer, Z&M Development Corp. has completed construction of the Detention Pond to the satisfaction of the Town Highway Superintendent, Graham Foster and the Engineer to the Town, Joseph E. Paggi, Jr., in accordance with a letter dated June 5th, 2006, from Joseph E. Paggi, Jr. to the Town Board; and WHEREAS, the Town Board has determined that it is in the best interests of the residents of the Town of Wappinger, and particularly the residents of the Carmel Heights Subdivision, to accept the Detention Pond as constructed and improved; and WHEREAS, pursuant to the subdivision regulations of the Town of Wappinger, Z&M Development Corp. is required to guarantee the quality and workmanship of the Detention Pond and to guarantee that the same will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, to Secure the obligations to guarantee the quality and workmanship of the construction of the Detention Pond, Z&M Development Corp., has executed a Maintenance Agreement Secured by a Letter of Credit issued by the Bank of New York in the sum of Seven Thousand Seven Hundred Dollars ($7,700.00), in favor of the Town of Wappinger all in accordance with the letter dated June 5th, 2006, from Joseph E. Paggi, Jr. to the Town of Wappinger. 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 determines that it is in the best interest of the residents of the Town of Wappinger, particularly the residents of the Carmel Heights Subdivision, to accept the Detention Pond installed, constructed and approved in accordance with the Town of Wappinger Page 9 Printed 6/28/2006 Regular Meeting Minutes June 26, 2006 Resolution of Subdivision Approval authorizing the creation of the Carmel Heights Subdivision. 3. The Town Supervisor, Joseph Ruggiero, the Town Clerk, John C. Masterson, the Engineer to the Town, Joseph E. Paggi, Jr., and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have any deeds and/or easements, and/or any other related documents previously offered for dedication to the Town and held by the Town Clerk, to have same recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary to effectuate such recording and/or filing. 4. The Town Board hereby authorizes release of the Letter of Credit in the sum of Thirty - Eight Thousand Five Hundred Dollars ($38,500.00), previously posted by the developers Z&M Development Corp. for the construction of the Detention Pond simultaneously with the deposit of a new Letter of Credit in the sum of Seven Thousand Seven Hundred Dollars ($7,700.00), to guarantee the Maintenance Agreement to be posted in accordance with this Resolution. 5. The Town Board hereby authorizes the Town Supervisor, Joseph Ruggiero, to accept a Maintenance Agreement, in standard form, Secured by a Letter of Credit issued by the Bank of New York in the sum of Seven Thousand Seven Hundred Dollars ($7,700.00), to guarantee that the Detention Pond will be free from defects in materials and workmanship for a period of one year from the date hereof. The format of the Maintenance Agreement and Letter of Credit shall be subject to the review and approval by the Attorney to the Town. The foregoing was put to a vote which resulted as follows: ,'lute '!cora"= esaiatltiuo06.167 0 Adopted — _._-- Yes/Aye--T---13---T— ; No/Nay ` Abstain __; - — Absent Yes/Aye j No/Na Joseph Ruggiero Voter ® ❑ 13fE ❑ ❑ Adopted as Amended Robert Valdati Voter ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder El ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn - - Joseph Paoloni _ Voter -T _ _ lel __ ❑ ; ❑ _ ❑ ❑ ❑ Maureen McCarthy Initiator ® ❑ ❑ ❑ Dated: Wappingers Falls, New York June 26t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-168 Resolution Authorizing Zoning Board of Appeals Member to Attend Planning and Zoning Summer School WHEREAS, the Town Board received a letter by Barbara Roberti, Planning Board Secretary, dated June 14th, 2006, a copy of which is attached hereto, requesting authorization to allow Jennifer McEvoy -Riley, Zoning Board of Appeals member, to attend the Planning and Zoning Summer School on July 13th, 2006 at the Franklin D. Roosevelt Library, in Hyde Park, New York. NOW, THEREFORE, BE IT RESOLVED, that Jennifer McEvoy Riley, Zoning Board of Appeals member, is hereby authorized to attend the Planning and Zoning Summer School on July 13th, 2006 at the Franklin D. Roosevelt Library in Hyde Park New York at cost not to exceed Forty and 00/100 ($40.00). The foregoing was put to a vote which resulted as follows: Dated: Wappingers Falls, New York June 26 , 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 10 Printed 6/28/2006 TJ TJ ® Adopted _ _. _._. _ _ .._.... ° Yes/Aye j No/Na Abstain , ------ Absent Jose�h Ru iero Voter BI ❑ ❑ ❑ ❑ Adopted as Amended -- — Robert Valdati — — Voter - 0 ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Initiator ® ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ® ❑ ❑ ❑ Maureen McCarthySeconder ® E ❑ ❑ ❑ Dated: Wappingers Falls, New York June 26 , 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 10 Printed 6/28/2006 TJ TJ Regular Meeting Minutes June 26, 2006 IX. New Business/Comments Bettina new business Councilman Bettina wanted to thank Butch Anderson and the Dutchess County Sheriffs Department for the intense patrols that were put in place in Chelsea. The patrols helped catch the people that were causing trouble in the area. He would also like to get a memo out to the residents of that area letting them know that the Town is waiting to find out if those that were apprehended are tried. Councilman Bettina's second item was to get a meeting with Assemblyman Miller concerning the traffic on Route 9D. He feels that the apartment traffic is intense and that the speed limit should be 35 MPH. X. Executive Session 1. Motion to go into executive session at 10:34 PM. ✓'Vote Record - Motion to a Into executive session Yes/Aye No/Nay Abstain Absent Absent Joseph Ruero ® ❑ { ® ❑ ® Adopted Robert Valdati _Voter Initiator 0 _ 11 a ❑ O ❑ Defeated ❑ Vincent Bettina Voter ® ❑ ❑ ❑ Withdrawn Joseph Paoloni - Voter Bi ❑ ❑ ❑ Voter Maureen McCarthySeconder ® ❑ ❑ ❑ 2. Motion to come out of executive session at 10:41 PM. Vote Record - Motion to come out of executive session _ _ _ __ Yes/Aye No/Nay a Abstain Absent _ Absent __ Joseph Ruggiero Voter { ® ❑ ❑ _. _. ❑ 0 Adopted Robert Vaidati Initiator ® ❑ ❑ ❑ 11 Defeated VincentBettina Voter ® ❑ ❑ ❑ ❑ Withdrawn h P aoloni Voter ® ❑ ❑ ❑ ❑ Maureen_McCarth Seconder ® _ ❑❑ ❑ ❑ XI. Adjournment Motion to adjourn at 10:45 PM. ✓ Vote Record - Motion to adjourn, _ _ _ __ _ Yes/Aye No/Na� ___ _ Abstain a..0 _ Absent Joseph Ruggiero Voter ( ® ❑ ❑ ❑ ® Adopted Robert Valdati Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ® ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ® ❑ ❑ ❑ � Maureen McCarthy Initiator 1 0 ❑ ❑ ❑ The Meeting Adjourned at 10:45 PM. (2 � r h t �.- -,-- , n C '— Mksterson Town Clerk Town of Wappinger Page I1 Printed 6/2812006