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2006-11-27 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting November 27, 2006 7:30 PM Draft .Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH R PAOLONI ROBERT L. VALDATI 7:30 PM Meeting called to order on November 27, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Public Portion III. Discussions A. Nicole Drive Drainage Issue B. Sidewalk Local Law C. Uniform Code Local Law IV. Resolutions 2006-241. Resolution Reducing Benefit Units for O&M/Sewer Rent Charges for the Hark/Kandr, LLC Parcels 2006-237. Resolution Appointing Legislative Aide 2006-238. Resolution Establishing Official Name of Moccasin View Road 2006-239. Resolution Amending Escrow Refund for Lombardi Subdivision 2006-240. Resolution of Support for Study of Turning Lane 'on Route 9 and MacFarlane Road in the Town of Wappinger V. New Business/ Comments VI. Adjournment L Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes — Chris Masterson (845) 297-5771 Monday, November 27th, 2006 7:30 PM Town Hall I. Call to Order Supervisor Ruggiero called the meeting to order at 7:40 PM. Attendee Name Ornlzstiba Title Statues Arrived Joseph Ruggiero w 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 Present Joseph Paoloni Town of Wappinger Councilman Present :. II. Public Portion 1. Motion To: suspend the rules for public comment on the agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati 2. Mrs. Olivieri - 207 Old Hopewell Road Mrs. Concetta Olivieri of 207 Old Hopewell Road asked if she could speak on items that were not on the agenda. Supervisor Ruggiero replied that she could not. She asked if she would be able to speak about her issue later in the meeting. Supervisor Ruggiero answered that it would depend on the time available after all other business was conducted. 3. Motion To: reinstate the rules RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati III. Discussions A. Nicole Drive Drainage Issue Supervisor Ruggiero opened the discussion at 7:44 PM and asked Jay Paggi, Engineer to the Town, if he would begin by explaining to the Board and audience the background of the issue. Mr. Paggi began by discussing the Shamrock Subdivision. During the construction of that subdivision, it was necessary to clear the easement that would allow for the connection of the sanitary sewer and water line from the Shamrock Subdivision down to the collection system on Kendell Drive. There is an existing drainage pipe under Old Hopewell Road that is owned and operated by the County. That pipe drains to a ditch which runs perpendicular to this easement. When the easement was cleared, the contractor was notified that it was important to maintain the water flow in the ditch line. The contractor reestablished the ditch line in its current location. At the end of the clearing, a silt fence was installed to prevent erosion and to prevent the sediment from leaving the construction site. The silt fence was installed tight to the bottom of the ditch. This prevented the free passage of water. On Wednesday, November 8t , there was a significant rain storm. The water came through the County culvert, into the ditch line and across the easement. The water then hit the silt fence, which acted like a dam. The flow of water ran west along the silt fence, down to an existing Central Hudson easement and broke out of the easement and into Nicole Drive. Mr. Town of Wappinger Page I Printed 12/20/2006 Town Board Meeting Minutes November 27, 2006 Paggi's memo on November 9th noted that the water had inundated the rear and side yards of houses #2, #4, #6 and #8 on Nicole Drive. On Thursday, November 9th, Mr. Foster pulled the silt fence up to allow the free flow of water back into the ditch line. After an inspection on that same day, Mr. Paggi notified Toll Brothers to reestablish the ditch line, install additional silt fence and hay bales, and excavate the ditch line further north so that it passed the rear yards of those houses on Nicole Drive. That work was completed by Friday afternoon. Since that time, there has been additional work done by the Town and Toll Brothers to add further lines of defense. There was another significant rain storm on Thanksgiving Day. Mr. Paggi checked the area to see if the changes were working. He noted that the water was contained in the ditch line, making its way down to the closed storm drain system. Graham Foster, Town Highway Superintendent, commented that he was out on Nicole Drive on Thanksgiving Day as well. Mr. Foster went on to explain the work that was done by the Town Highway personnel and what was done by the contractor. Councilman Bettina stated that the Town is lucky to have personnel willing to go out on a Holiday to inspect a situation. Supervisor Ruggiero opened the floor to the residents to comment about the situation. The first speaker was Lorraine I. Harlin of 4 Nicole Drive. Mrs. Harlin stated that the Poughkeepsie Journal reported .84 inches of rain on Thanksgiving Day. She claimed that the problem is not new. She has had water flowing down her driveway before. The severity of the flooding has increased since the recent clearing and construction. Mrs. Harlin then played a home video of the flooding on her property and on the yards of her neighbors. While the video played, Mrs. Harlin explained that she contacted the DPW about the plans for Old Hopewell Road. The DPW stated that they are planning on making the hills on Old Hopewell Road more level. She then asked how the drainage would be impacted when this leveling project goes through. Supervisor Ruggiero asked Mr. Paggi to draft a letter to DPW concerning this matter. Mrs. Harlin asked the Assistant Director of Engineering at the DPW about constructing a pipe to connect the County drain and the Town drain. She was told that it could be done. Supervisor Ruggiero pointed out that this is similar to an issue on All Angels Hill Road. In that situation, the Town was willing to split the costs 50/50, but those terms were not worthy of discussion in the eyes of the County Mr. Paggi again recapped the chain of events leading to the flooding of the properties on Nicole Drive. He stated what caused the flooding, what was done to correct it, and what should be done from this point forward. Supervisor Ruggiero asked Mr. Paggi's recommendations would be consistent with the MS4 regulations. Mr. Paggi replied that they would be consistent. Councilman Valdati asked who owns the property that the ditches and pipes are on. Mr. Paggi replied that it is Town property. Mr. Foster commented that it was in the Forever Wild Conservation District. Discussion followed. Gerald Verrechio, of 8 Nicole Drive, asked why the Town couldn't intercept the flow of water at the point where the stream bisects the Toll Brothers easement. This would direct the flow to the west towards its intersection with Kendall Drive and then into the closed storm drain system at the Kendell Drive and Nicole Drive intersection. Supervisor Ruggiero asked if this was possible. Mr. Foster expressed concern about the pipe being about to fit in the easement. Supervisor Ruggiero asked Mr. Paggi to look into this suggestion. The Supervisor asked that Mr. Paggi put together a plan for the Board to examine. Barbara J. Wendolski, of 12 Nicole Drive, was the next resident to speak. She asked what would happen with all of the school busses and school children that have to negotiate the roads in that area. She claimed that there are eight school busses that pass through the area and pointed out that this would be dangerous when the water that pools on the road freezes Mrs. Harlin spoke again and commented that Mr. Foster had recommended that she put a swale on her property. She stated that she should not have to put a swale on her property to correct a problem that someone else caused. She recommended that the swale be put in the back on Town property. She is concerned of a mosquito problem if the swale were put on her property. According to Mrs. Harlin, there are two issues that are concerns to her. On the right side of her property, the water that drains off of Old Hopewell is draining down onto her property. The other situation is the water that is being piped under Old Hopewell Road. Councilman Valdati replied that the two issues would be addressed concurrently: Mrs. Harlin then stated that the person that she has been in contact with at DPW informed her that she needed to send a letter to DPW. That letter would be sent to the DPW design consultants. Drainage would be done only if it were relevant to the road. Supervisor Ruggiero asked Mr. Paggi if the majority of the water is road drainage from Old Hopewell Road. Mr. Paggi replied that the majority was. Mr. Paggi then asked who the contact from DPW that Mrs. Harlin has been speaking to is. She replied that it was Bob Valkon (SP). Supervisor Ruggiero again stated that he would like Mr. Paggi to send a letter to Dutchess County DPW and prepare a report for the Town Board that would contain suggestions of what could be done to deal with this situation. Town of Wappinger Page 2 Printed 12/20/2006 Town Board Meeting Minutes November 27, 2006 Mr. Verrechio asked how the "quads" (ATV's) could be stopped from using that area. Supervisor Ruggiero replied that the resident needs to contact the Sheriffs office immediately as it happens. The speaker stated that he called and was told that the Sheriff that operates the sheriffs four -wheeler was not around. He asked if the property was Town property. Supervisor Ruggiero answered that it was both Town property and the Central Hudson easement. Fire Inspector, Mark Liebermann, stated that the resident should contact Bob Hobor, of the DEC police. They will send an officer down from New Paltz to patrol the area on an ATV. Supervisor Ruggiero informed Mr. Foster that he would have to maintain this ditch until a permanent solution is in place. He then asked if there were any further comments from the public. Mrs. Harlin thanked Mr. Foster and the Town Board and asked how the residents would be kept informed about developments. Supervisor Ruggiero replied that the residents would be notified when the issue is going to be on the agenda and invited to that meeting. Since there were no other comments or questions, Supervisor Ruggiero closed the discussion at 8:22 PM. B. Sidewalk Local Law Supervisor Ruggiero opened the discussion at 8:22 PM and asked Al Roberts, Attorney to the Town, to give a background on the Local Law. Mr. Roberts explained that Town Law authorizes the Towns to adopt similar ordinances or Local Laws requiring owners or occupants of property that is adjacent to a sidewalk to have snow and ice removed within 24 hours of a snowfall or ice event. It would also require the removal or any debris that accumulates. If the snow or ice is not removed the following fines are imposed: $100 for the first day, $200 for the second day, and $250 for the third day. If the situation persists, the Town would perform the removal and back -charge it to the property owner. The Town would supply the owner with a Notice of Lien and apply the amount to the property owner's tax bill. Councilman Bettina asked if there were limits of accumulation stated in the Local Law. Mr. Roberts explained that there were not. Councilman Valdati commented that there is a similar ordinance in the village. He went on to point out that it is not uncommon for a resident to clear his sidewalk of snow and have a Highway plow come through and redeposit the snow on the resident's sidewalk. He asked what would happen in that case. Mr. Roberts replied that the property owner would have to remove it, but went on to point out there were no residential sidewalks, to his knowledge, within the Town. Mr. Paggi commented that, for upcoming subdivision construction that would have sidewalks, such as Cranberry, the Town is trying to design a wider distance between the sidewalks and the curb line so that this situation would be minimized. The grass strip would be five feet or so as opposed to the eighteen inch strip on Route 9D. Discussion followed. Supervisor Ruggiero asked if there were any other questions or comments. There were none. He then closed the discussion at 8:33 PM. C. Uniform Code Local Law Supervisor Ruggiero opened the discussion at 8:33 PM. Mr. Roberts explained that the Town Board had recently adopted a comprehensive change in the codification process. The original ordinance authorizing the Town Building Inspector and Zoning Administrator to enforce the Building Code was never included in the codification for various reasons. This Local Law is an amendment, required by some recent changes that have come down from the State to be effective as of January 1st, 2007. Two of the changes include factors that are not part of the State Code: Section 85-10(c) and (d). Mr. Roberts explained the additions and the reasons for each. Supervisor Ruggiero asked if the Town is authorized to set standards that are stricter that those set by the State. Mr. Roberts replied that the Town is authorized. The rest of the changes are in line with the proposed changes that have come down from the State. Mark Liebermann, Town Fire Inspector, expanded on the explanation given by Mr. Roberts. Supervisor Ruggiero asked what would happen if the Town did not adopt this Local Law. Mr. Roberts and Mr. Liebermann explained that the Town would be sited for non- compliance. Discussion followed. Supervisor Ruggiero asked how many of the businesses are aware of the changes. He stated that the business owners may think that the Town is making the changes on its own. Mr. Liebermann replied that he intends on contacting the local media to reach the public. The article would explain that the changes are State mandated. Supervisor Ruggiero asked if there were any further questions of comments. There were none. He then closed the discussion at 8:48 PM. Town of Wappinger Page 3 Printed 12/20/2006 Town Board Meeting Minutes November 27, 2006 IV. Resolutions RESOLUTION: 2006-237 Resolution Appointing Legislative Aide WHEREAS, a vacancy exists in the position of Legislative Aide to the Town Board and Supervisor, and WHEREAS, the Town Board of the Town of Wappinger has conducted interviews for the position of Legislative Aide, and WHEREAS, the Town Board interviewed Daniel Passes and found him qualified and capable of filling the position NOW, THEREFORE BE IT RESOLVED, that Daniel Passes is hereby appointed the Legislative Aide to the Town Board and Supervisor. The foregoing was put to a vote which resulted as follows: ✓'Tote Reeowd-Resoiution RES -2006 23? Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter Ea ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 i ❑ 1 ❑ ❑ ❑ Tabled Maureen McCarthy Initiator l3 ❑ ❑ ❑ ❑ Withdrawn ___ _ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 27th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-238 Resolution Establishing Official Name of Moccasin View Road WHEREAS, the Town of Wappinger has a discrepancy in the spelling of Moccasin View Road, and WHEREAS, there are numerous variations of the spelling of said road on town documents, and WHERAS, Dutchess County 911 has requested that the correct spelling of the road be established, and WHEREAS, Moccasin View Road lies in the Town of Wappinger and the Town of Fishkill, and WHEREAS, Town of Fishkill documentations shows the spelling to be Moccasin View Road NOW THEREFORE BE IT RESOLVED, that the correct title and spelling of said road be Moccasin View Road. The foregoing was put to a vote which resulted as follows: ✓ Vote'Record - Resolution RES -200+6-238 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter EZJ ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter 1Z ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator [a ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder _ ® ❑ ❑ ❑ Joseph Paoloni Voter E,3 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 27th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-239 Resolution Amending Escrow Refund for Lombardi Subdivision WHEREAS, Resolution 2006-229 Authorized an escrow refund for the Lombardi Subdivision, and WHEREAS, Resolution 2006-229 incorrectly authorized the return of a $2,000 escrow, and Town of Wappinger Page 4 Printed 12/20/2006 Town Board Meeting Minutes November 27, 2006 LV. WHEREAS, the Lombardi Subdivision should receive an escrow refund in the amount of Five -Hundred Thirteen Dollars and 80/100 ($513.80) 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. Resolution 2006-229 is hereby rescinded. 3. An escrow refund in the amount of Five -Hundred Thirteen Dollars and 80/100 ($513.80) is hereby authorized for the Lombardi Subdivision. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolation RES-200fw.239 m Adopted _ Yes/Aye No/Nay Abstain Absent * Adopted as Amended Joseph Ruggiero Voter ® ❑ ❑ ❑ ❑ Defeated Robert Valdati Seconder H ❑ 1 ❑ ❑ ❑ TabledVincent Bettina Voter0 ® ❑ ❑ ❑ ❑ ❑ Withdrawn Maureen McCawImttator Initiator i ® ❑ p ❑ Joseph Paoloni Voter ® p b.. ❑ Dated: Wappingers Falls, New York November 27th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-240 Resolution of Support for Study of Turning Lane on Route 9 and MacFarlane Road in the Town of Wappinger WHEREAS, there is a large volume of traffic on Route 9 at the intersection of Route 9 and MacFarlane Road, and WHEREAS, residents have expressed concerns about the safety of turning off of Route 9 traveling North onto MacFarlane Road, and WHEREAS, Town Engineer Jay Paggi has stated in his letter dated October 23rd, 2006, that a deceleration lane would provide safer access to MacFarlane Road off of Route 9 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 requests that the New York State Department of Transportation conduct a study of the safety of traffic on Route 9 turning on to MacFarlane Road and requests that a feasibility study be conducted to have a deceleration lane placed on Route 9 turning onto MacFarlane Road. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2006-240; m Adopted _ Y_!*Aye No/Nay (Abstain Absent ❑ Adopted Amended Jose h Ru sero -- Voter ❑ ❑ — ❑ ❑ as Robert Valdati Voter ----- BI j ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Voter ® ❑ ❑ 1 ❑ ❑ Withdrawn Maureen McCarthy Initiator ❑ 11 0 Joseph Paoloni Seconder ® ❑ ❑ ❑ Dated: Wappingers Falls, New York November 27th, 2006 New Business/ Comments 1. Councilman Valdati New Business The Resolution is hereby duly declared adopted. Councilman Valdati asked Fire Inspector, Mark Liebermann, to discuss the house on 9D that was the topic of Mr. Valdati's New Business at the Town Board Meeting on November 13th, 2006. Mr. Liebermann replied that he went to that building on the following day and spoke to the owner. He notified the owner that he had until December 15th to come in and get a demolition permit. If the owner does not comply, he would be issued a summons. Mr. Valdati asked if the building would be allowed to be in the same proximity to the road if it were Town of Wappinger Page 5 Printed 12/20/2006 Town Board Meeting Minutes November 27, 2006 demolished and rebuilt. Mr. Paggi explained that the building could be constructed on the same footprint within a period of two years. If the plans changed, the owner would have to conform to the new codes and rules and regulations. Mr. Valdati commented that the house was far too close to the road and the Code should be amended to not allow reconstructing on the same footprint in a case like that. Mr. Valdati then asked if the Fire Inspector issued a ticket to the United Rent -All owners. Mr. Liebermann replied that he had issued two tickets. Mr. Lois had removed two 2000 gallon underground tanks without permits and re -installed two 500 gallon above -ground gasoline and diesel tanks. The other ticket was for not having a fire suppression system on the gasoline tank. Supervisor Ruggiero asked Mr. Liebermann to comment on Mrs. Olivieri's complaints that the United Rent -All property owners were moving earth and excavating. Mr. Liebermann replied that he had not seen any excavating. He noted that, when he went out to do his inspection, they had a waste oil tank (an above -ground 1000 gallon tank) in the back of the building. Mr. Liebermann told the owner that he had to clean the tank out, check it and paint it. Supervisor Ruggiero asked if Mrs. Olivieri would like to add anything. Mrs. Olivieri stated that the Stop Work Order, which was issued by the Tatiana Lukianoff, Town Zoning Administrator, was removed verbally by Mr. Kolb. She went on to say that Stop Work Orders are supposed to be removed in writing. Mrs. Olivieri's second point was that she had gone to the Town Tax Department and found out that the two parcels were separate. She believes that you can not use one parcel to back up another parcel. She asked why he was working on both parcels. Supervisor Ruggiero explained and discussion followed. She commented that she had received a letter from Mr. Kolb that stated that she could have a letter or a meeting, but not both. Discussion followed. Councilman Valdati asked if it would be correct to say that Mr. Lois is currently only allowed to stabilize the property, and only then come in before the Town with a plan. Mr. Paggi replied that that was correct. Councilman Valdati then asked if the Town was watching to make sure the owner was only doing stabilization. Mr. Paggi answered that the owner had excavated holes there and had piles. Most of the material was shale. He had been instructed to take the material that is on site, fill in the holes and level out the piles. Then he is to retain the services from an engineer and do a grading plan. He could get that approved over the winter. If it were approved, topsoil would be added and seeding would occur in the spring. Mr. Liebermann commented that the Town is monitoring the site and taking pictures once a week. Councilman Valdati asked if all inspectors were aware that the only work to be done is for stabilization. Mr. Liebermann replied that he believes that they are all aware. Mrs. Olivieri stated that she had called Mr. Paggi when she saw the property owner leveling the lot. She went on to say that the property owner continues to act illegally and in violation of the Code. She asked that Mr. Kolb explain "why he did this". Supervisor Ruggiero replied that he would talk to Mr. Kolb when he returned. 2. Councilman Bettina New Business Councilman Bettina pointed out that there was a typographical error in one of the sets of Minutes that were distributed to the Board members for review. Town Clerk, Chris Masterson, replied that he would look into the matter and make the appropriate corrections. Councilman Bettina's second topic for new business was in regards to the Chelsea water station. He asked that a letter be drafted stating that the Town Planning Board is monitoring the situation. Supervisor Ruggiero replied that the Planning Board, as well as the Town's professional staff, has been doing that. He went on to say that the New York City Department of Environmental Protection engineers backed off on a lot of the statements that they had made to the Town. They said that certain information was restricted due to national security and instructed the Town to withhold it. Then Mrs. Wendy Smart, of 2187 Route 91), came into the Town Hall and demanded certain documents. Mrs. Smart received the information on the same day that it was requested and, even though a typical FOIL could take 3-5 days, still claimed that she was being denied information. When the Town called New York City DEP for clearance to release the documents, the agency acted as if they did not know why the information was being withheld. Supervisor Ruggiero stated that he stayed after the meeting to discuss the issue with the residents. Some of the residents felt that the comments being made by Mrs. Smart were inappropriate and that the Town did the right thing. The Supervisor then said that a letter could be drafted if Councilman Bettina wanted, but such a letter would not be telling the residents anything new. Councilman Bettina asked that the letter go out and explained some of the points that he would like in it. Supervisor Ruggiero stated that he thinks the letter should also express the limited role that the Town of Wappinger government has in this matter - it is another governmental entity and the Town of Wappinger has no authority to interfere with another government doing its governmental duties. Mr. Liebermann asked that Chelsea Fire District be kept informed as well. Town of Wappinger Page 6 Printed 1212012006 Town Board Meeting Minutes November 27, 2006 Supervisor Ruggiero stated that there would be a meeting coming up including the Town Engineer, Town Attorney and representatives of the NYCDEP. Councilman Bettina asked to be informed when that meeting would be taking place. 3. Councilwoman McCarthy New Business Councilwoman McCarthy asked for an update on the Cabrini Group Home. Supervisor Ruggiero replied that he is in receipt of correspondence on this topic and that Al Robert, Attorney to the Town, is getting an opinion on transferring the Cabrini Home. Supervisor Ruggiero informed the Board that the group home has run amuck and the Town Patrol has been instructed to enhance patrols in that area. Sgt. Watterson has submitted a lengthy report on the situation. Councilwoman McCarthy also asked to discuss a resident that had contacted her about needing a variance on her property. The resident wants to put a 10"X12" shed on her property. She had already paid $400.00 even though she knew she would need a variance. She would like to know why she needed to pay for a Building Permit and a Variance Fee. Supervisor Ruggiero explained that everything the resident is being required to do is in compliance with the Town Code and would be required for any resident in the same situation. Discussion followed. 4. Councilman Paoloni New Business Councilman Paoloni asked if there was any update on the information concerning the Chelsea Boat Ramp that was submitted at a recent Town Board Meeting. Supervisor Ruggiero replied that the professional staff has not had an opportunity to review the matter yet. The professional staff would review the logistics of the idea and report back to the Town Board with an action plan. VI. Executive Session - Personnel Matter 1. Motion To: go into executive session to discuss a personnel matter at 9:19 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati 2. Motion To: come out of executive session at 9:36 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati VII. Resolutions RESOLUTION: 2006-241 Resolution Reducing Benefit Units for O&M/Sewer Rent Charges for the Hark/Kandr, LLC Parcels WHEREAS, Hark/Kandr, LLC, owns two (2) parcels of property located respectively at 1299 Route 9 and 1315 Route 9, Town of Wappinger, Dutchess County, New York, and respectively identified as Tax Map Grid Nos. 6157-02-567483 and 6157-02-567518, hereinafter referred to as the "Parcels"; and WHEREAS, the Parcels are located within the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A, hereinafter referred to as "Phase 3A"; and WHEREAS, each Parcel has been assigned 23.83 Benefit Units for Phase 3A which Benefit Units are utilized for the purposes of establishing both Capital Assessments and Operation and Maintenance (O&M)/Sewer Rent Charges; and WHEREAS, Hark/Kandr, LLC has duly filed Benefit Unit Assessment Grievance Applications to the Town Board; and WHEREAS, the Town Board has agreed to reduce the Benefit Units for O&M/Sewer Rent Charges only. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set Town of Wappinger Page 7 Printed 12/20/2006 Town Board Meeting Minutes November 27, 2006 forth and adopted herein. 2. The Town Board hereby reduces the Benefit Units assigned to the Hark/Kandr LLC parcel located at 1299 Route, Wappingers Falls, New York identified as Tax Map Grid No. 6157-04-567483 to the total of ten (10) Benefit Units for O&M/Sewer Rent Charges only, which charges are to be paid quarterly, when, as, and if, the parcel is duly connected to Phase 3A. 3. The Town Board also hereby reduces the Benefit Units assigned to the Hark/Kandr LLC parcel located at 1315 Route 9, Wappingers Falls, New York identified as Tax Map Grid No. 6157-02-567518 to the total of ten (10) Benefit Units for O&M/Sewer Rent Charges only, which charges are to be paid quarterly, when, as, and if, the parcel is duly connected to Phase 3A. 4. The Town Board further confirms that the Benefit Units assigned to the property for Capital Assessments shall remain at 23.83 Benefit Units for each parcel. The foregoing was put to a vote which resulted as follows: vote Record - Resolution RES -3006'-241 Yes/Aye a No/Nay ( Abstain Absent m Adopted Joseph Ruggiero Voter ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter ; 0 ❑ ❑ _ ❑ ❑ Defeated Vincent Bettina Seconder ® ❑ ❑ ❑ ❑ Tabled Maureen McCarthynitiator y 0 ❑ ❑ ❑ ❑ Withdrawn _ Joseph Paoloni _ Voter 0 _ ❑ ❑ _.__. .. ❑ Dated: Wappingers Falls, New York November 27th, 2006 The Resolution is hereby duly declared adopted. VIII. Adjournment 1. Motion To: adjourn at 9:36 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati The Meeting Adjourned at 9:36 PM. Qu hn C. Uasterson Town Clerk Town of Wappinger Page 8 Printed 1212012006