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2006-10-10 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD - . WAPPINGERS FALLS. NY 12590 (845)297-5771 i FAX: (845) 298-1478 ti f Town of Wappinger Town Board Meeting October 10th, 2006 7:30 PM Amended Agenda 7:30 PM Meeting called to order on October 10th, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Suspension of Rules for Public Comment III. Discussion A. Building Inspector Vacation Request B. Master Plan - David Stolman IV. Resolutions 2006-221. Resolution Authorizing Director of Code Enforcement to Attend a Training Seminar 2006-222. Resolution Authorizing Escrow Refund for 41 Hill Crest Court C. Unanimous Consent 2006-223. Resolution Consenting to the Terms of an Order on Consent to Cure Petroleum Bulk Storage Violations .2006-224. Resolution Authorizing Attendance to Code Enforcement Class V. New Business/Comments VI. Adjournment L A Town of Wappinger Town Board Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 Chris Masterson (845)297-5771 Tuesday, October 10th, 2006 7:30 PM Town Hall I. Call to Order Supervisor Ruggiero called the Meeting to order at 7:39 PM. Atteud66,Name y Organization Title ._State Arrived Joseph Ruggiero Town of Wappinger Supervisor Present Robert Valdati Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Late 8:30 PM Joseph Paoloni Town of Wappinger Councilman Present II. Suspension of Rules for Public Comment on the Agenda Items 1. Motion To: suspend rules for public comment ori the agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Valdati, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, Robert Valdati ABSENT: Maureen McCarthy 2. Comments from the public on the agenda items There were no comments from the public on the agenda items. 3. Motion To: reinstate the rules RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Valdati, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, Robert Valdati ABSENT: Maureen McCarthy III. Discussion A. Building Inspector Vacation Request Supervisor Ruggiero opened the discussion and stated that Director of Code Enforcement, George Kolb, would be going on vacation to celebrate his 25`" wedding anniversary. According to the Town Personnel Policy, Mr. Kolb is required to submit his vacation request to the Town Board for approval. Councilman Valdati made a motion to approve the vacation request. Councilman Paoloni seconded. The motion passed unanimously. 1. Motion To: approve Mr. Kolb's vacation request. RESULT: ADOPTED [UNANIMOUS]` MOVER: Robert Valdati, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, Robert Valdati ABSENT: Maureen McCarthy Town of Wappinger Page 1 Printed 10/15/2006 Town Board Meeting Minutes October 10, 2006 IV. Resolutions RESOLUTION: 2006-221 Resolution Authorizing Director of Code Enforcement to Attend a Training Seminar WHEREAS, George Kolb, Town of Wappinger Director of Code Enforcement, has requested that he be authorized to attend the Dutchess County Economic Development Corporation Program on October 31St, 2006, at the Poughkeepsie Grand Hotel. NOW, THEREFORE, BE IT RESOLVED, that George Kolb, Town of Wappinger Director of Code Enforcement, is hereby authorized to attend the Dutchess County Economic Development Corporation Program on October 31St, 2006, at the Poughkeepsie Grand Hotel at cost not to exceed Twenty-five dollars and 00/100 ($25.00). The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2006-221 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter Q ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder Q ❑ ❑ 13 ❑ Defeated Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Initiator Q ❑ ❑ ❑ Dated: Wappingers Falls, New York October 10th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-222 Resolution Authorizing Escrow Refund for 41 Hillcrest Court WHEREAS, on or about December 291h, 2005, David McElroy deposited One Thousand Dollars and 00/100 ($1,000.00) with the Town of Wappinger for a driveway escrow and One Thousand Five Hundred Dollars and 00/100 ($1,500) for a seeding escrow for 41 Hillcrest Court, and WHEREAS, David McElroy has requested a refund in the amount of Two Thousand Five Hundred Dollars and 00/100 ($2,500.00) as the work is completed 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 Two Thousand Five Hundred Dollars and 00/100 ($2,500.00)), made payable to David McElroy, CO# 04-832, for the refund of the unused escrow deposited for 41 Hillcrest Court. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution, RAS-ZOOCr222 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter Q ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder Q ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ El Q ❑ Withdrawn Joseph Paoloni Initiator Q ❑ ❑ ❑ Dated: Wappingers Falls, New York October 10th, 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 2 Printed 1011"006 Town Board Meeting Minutes October 10, 2006 C. Unanimous Consent 1. Motion To: add resolutions 2006-223 and 2006-224 by unanimous consent RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, Robert Valdati ABSENT: Maureen McCarthy RESOLUTION: 2006-223 Resolution Consenting to the Terms of an Order on Consent to Cure Petroleum Bulk Storage Violations WHEREAS, members of the staff of the New York State Department of Environmental Conservation (the "Department") conducted an inspection of the Highway Department facilities located at 20 Old Route 9, Wappingers Falls, New York, on August 24th, 2006 ; and WHEREAS, in consequence of said inspection, numerous PBS violations were discovered; and WHEREAS, the Department is authorized to regulate the storage and handling of petroleum pursuant to Titles 3 and 10 of Article 17 of the Environmental Conservation Law (ECL) ; and WHEREAS, ECL §71-1929 provides for penalties up to $37,500.00 per day for each violation or for violation of the rules and regulations promulgated by the Co! 11 missioner of the Department; and WHEREAS, at an Administrative Hearing conducted on September 12th, 2006, at the Department's offices located at South Putt Corners Road, New Paltz, New York, a settlement proposal was made by the Department and consented to by Highway Superintendent, Graham Foster, and Attorney to the Town, Albert P. Roberts; and WHEREAS, the terms and conditions of the proposed settlement reqs, i red the Town to pay a civil penalty in the amount of Two Thousand Five Hundred Dollars ($2,500.00), waive a formal hearing, and bring the Highway Department Petroleum Bulk Storage Facility into compliance within Thirty (30) days; and WHEREAS, the Town Board concurs with the terms and conditions s<;t forth in the Order on Consent and wishes to authorize the Town Supervisor to execute tli,� Order on Consent by and on behalf of the Town. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as i f fully set forth and adopted herein. 2. The Town Board hereby approves the terms and conditions set forth in Lhe Order on Consent in the form annexed hereto. 3. The Town Board hereby authorizes Supervisor, Joseph Ruggiero, to execute the Order on Consent by and on behalf of the Town in the form annexed hereto. 4. Highway Superintendent, Graham Foster, and Town Supervisor, Josc;)it Ruggiero, are hereby authorized to take all steps necessary to comply with the directives contained in the Order on Consent and to take all steps that are necessary to implement the corrective work required by said Order on Consent, to execute said Order on Consent by and on behalf of the Town of Wappinger and to deliver a copy of the signed Order on Consent to the Department, together with a certified check or bank check for 52,500.00, representing payment of t I I C civil penalty of $2,500.00 as soon as practicable. The foregoing was put to a vote which resulted as follows: ,/Vote Ricoed - Resolution RES -2006-223 Yes/Aye No/Nav Abstain Absent Adopted � � �� Jose p � �� Voter �� 0 ❑ ❑ ❑ ❑ Adopted as Amended . _r3� Robert Valdatiro _ _ _. 0 _ . 3 ❑ ❑ - ❑_ ❑ Defeated _ Vincent Bettina' _mtiator Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 10th, 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 3 Printed 10/15/2006 Town Board Meeting Minutes October 10, 2006 RESOLUTION: 2006-224 Resolution Authorizing Attendance to Code Enforcement Class WHEREAS, Code Enforcement Officers Richard Travis, Sal Morello, Susan Dao and John Fenton, have requested that they be authorized to attend the New York State Building Officials Conference on November 8th and 9th, 2006, at the Poughkeepsie Grand Hotel. NOW, THEREFORE, BE IT RESOLVED, that Code Enforcement Officers Richard Travis, Sal Morello, Susan Dao and John Fenton are hereby authorized to attend the New York State Building Officials Conference on November 8"' and 9th, 2006, at the Poughkeepsie Grand Hotel at cost not to exceed One Hundred Eighty dollars and 00/100 ($180.00). The foregoing was put to a vote which resulted as follows: Vote Record -Resolution RES -2006-224 Yes/Ae I No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter - ❑ ❑ — ❑ ❑ ------____,_ ❑ Adopted as Amended Robert Valdati Seconder ❑ ❑ ❑ 13❑ Defeated Vmeentiietthna Voter ❑ ❑ � _ ❑ Tabled Maureen McCarthy Voter ❑ ❑ _ _ 13 0 ❑ withdrawn Joseph Paoloni Initiator Q ❑ ❑ ❑ Dated: Wappingers Falls, New York October 10th, 2006 The Resolution is hereby duly declared adopted. V. New Business/Comments 1. Supervisor Ruggiero new business Supervisor Ruggiero pointed out that he has submitted the Town budget. Copies were distributed to the Board. There would be a schedule of Budget Committee meetings coming out and those meetings would be starting next week. The Supervisor stated that he would like to I ui meet two or three times per week for the next couple weeks. A preliminary hearing date needs to be set which would probably be on or about October 26th, 2006. The public hearing would be around November 9th. The final due date is November 29th, 2006. 2. Councilman Valdati new business Councilman Valdati pointed out that a resident submitted a letter to the Board regarding the manner in which the Town Fire Inspector responds to fire calls in the Town. Councilman Valdati asked that the issue be looked into. Supervisor Ruggiero recommended that the issue be turned over to the Director of Code Enforcement. Supervisor Ruggiero then gave a summary of the letter that was submitted. Councilman Valdati then asked that the Fire Inspector, Mark Liebermann, be asked to submit a formal response to the letter to the Town Board. Councilman Valdati then asked if it would be possible to install a "Do Not Block Side Street" or "Do Not Block Intersection" sign at certain locations throughout the Town. Specifically, Councilman Valdati mentioned a location at Ketchamtown Road. Highway Superintendent, Graham Foster, replied that the Councilman was talking about a State Road. Mr. Foster has requested that sign many times already. The request has been denied each time. Councilman Valdati then asked about a location on County Route 28. Mr. Foster replied that it was a County Road. Mr. Paggi mentioned that the Town could ask the County Engineer if the sign could be put up. Mr. Foster agreed and also mentioned that a sign is needed at the end of Old Route 9 as well. Mr. Foster then stated that the Town could try asking about the 9D and Ketchamtown Road intersection again, but it was rejected by the State because the State feels there is no back-up at that location. Councilman Valdati asked that the Town ask about that intersection again. 3. Councilman Bettina new business Councilman Bettina stated that he was concerned about the Vilardi horse track and the Verizon cell tower moving forward. Supervisor Ruggiero pointed out that, in a letter submitted by Dr. Vilardi, Dr. Vilardi was surprised that he no longer had an engineer working for him and admits that he has not completed the things that the Town and State has required. Mr. Paggi added that Mr. Kolb has directed a letter to the State itemizing all of these points. Supervisor Ruggiero then said that Dr. Vilardi's letter is directed to the DEC regarding a problem that they Town of Wappinger Page 4 Printed 1011512006 Town Board Meeting Minutes October 10, 2006 may have notified him about. Therefore, the Town needs to find out what the State is doing and make sure that the Town's enforcement efforts parallel those of the State. Mr. Paggi followed up by making three points: 1) Mr. Kolb enumerated the points of his letter from the Town's perspective of what needed to be completed by Dr. Vilardi, 2) approximately one week ago, the DEC did extend Dr. Vilardi's permit from December 2006 to December 2007, and 3) a meeting was set for October 1 lth at 2:OOPM including representatives from Verizon to discuss the issue. Supervisor Ruggiero stated that the message needs to be that this property owner is in violation; he has failed to maintain his Stormwater management plan. The permits that were issued and the extension that was granted need to be revoked. Going forward, the Town requires 100% compliance or the project will be stopped. Councilman Bettina asked what protection the Town has that the work will actually be done. He continued by saying that he supports agricultural use, but also thinks it is a problem if someone decimates the land in the process. Town Planner, David Stolman, mentioned the meeting that would be taking place on the l lth. One of the options on the table is to require that Verizon go back to the DEC to obtain their own wetlands permit. The wetlands permit that has been obtained already makes no mention of a cell tower. Supervisor Ruggiero replied that there are two separate projects and they need to be kept separate. The Town needs to oppose those two applications becoming one. Discussion followed regarding the violations that Dr. Vilardi currently has and the jurisdiction and enforcement powers for those types of violations. Councilman Valdati asked if the fallen trees have been removed and taken care of. Mr. Kolb replied that they have been. Councilman Paoloni stated that the Town should ensure that the Town Law is in total compliance with the State Law. Mr. Paggi informed the Board that, prior to the meeting with Verizon, he would contact DEC for guidance. Supervisor Ruggiero then read the letter from Dr. Vilardi for the Town Board. Supervisor Ruggiero asked if the letter was factual. Mr. Kolb replied that he has no letter, no correspondence to the DEC, and no request for extension of a grading plan. Councilman Bettina thanked the Board for its support on behalf of the Second Ward. 4. Councilman Paoloni new business Councilman Paoloni brought up the topic of converting raw sewage to electricity. He pointed out that it would be possible to move forward on the issue in a month. He then asked that it be scheduled as a discussion topic at an upcoming meeting. Supervisor Ruggiero asked Councilman Paoloni to give him the necessary contact information. Supervisor Ruggiero then gave the rest of the Board a summary of the issue and stated that the topic would be added to the November 13th agenda. Councilman Paoloni then asked if the Town could put an end to the Chelsea Yacht Club Boating Ramp issue. Supervisor Ruggiero replied that a committee was created to discuss the boat ramp issue about a year ago. Supervisor Ruggiero asked that Councilman Paoloni call the committee together to discuss the topic. 5. Councilman Bettina Comments 6. VI. A. Councilman Bettina asked that the record show that he would not be in attendance for the Town Board Meeting on the 13th of November. The Councilman will be out of state for his parents' 65th anniversary. Motion To: go into Committee as a Whole to discuss the Master Plan at 8:18 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Valdati, Councilman SECONDER: Joseph Ruggiero,Supervisor AYES: Joseph Ruggiero, Robert Valdati, ABSENT: Maureen McCarthy Discussions Master Plan - David Stolman Vincent Bettina, Joseph Paoloni Town of Wappinger Page 5 Printed 10115/2006 Town Board Meeting Minutes October 10, 2006 VII. Adjournment 1. Motion To: Adjourn at 9:55 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati The Meeting Adjourned at 9:55 PM. 0 o n C. Masterson Town Clerk IJ Town of Wappinger Page 6 Printed 10/15/2006