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2007-01-08 RGMI] TOWN 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 January 8th, 2007 7:30 PM Agenda wor-rn nU%aUi�nU TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:30 PM Meeting called to order on January 8th, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Public Hearings 1. Resolution Introducing Local Law No. of the Year 2007, Creating Article VII of Chapter 214 of the Town of Wappinger Code Entitled "Sidewalk Maintenance — Removal of Snow and Ice and Debris" 2. Resolution Introducing Local Law No. of the Year 2007, Amending Chapter 85 of the Town Code Known As the "Uniform and Energy Code" 3. Resolution Introducing Local Law No. of 2007 Amending the Town of Wappinger Code regarding Fees and Escrow Accounts III. Public Portion IV. Discussions A. Tow Truck Local Law B. New Hackensack Water Line - Jay Paggi C. Fuel Storage Tanks - Eric Fellenzer D. Red Hook Community Preservation Fund F. Workplace Violence Prevention Act — Judy Mayle G. Building and Zoning Fees — George Kolb H. Revaluation Update - John Watch V. Resolutions 2007-28. Resolution Adopting Local Law No. of the Year 2007, Creating Article VII of Chapter 214 of The Town of Wappinger Code Entitled "Sidewalk Maintenance — Removal of Snow and Ice and Debris" 2007-29. Resolution Adopting Local Law No. of the Year 2007, Amending Chapter 85 of the Town Code Known As the "Uniform and Energy Code" 2007-30. Resolution Adopting Local Law No. of 2007 Amending the Town of Wappinger Code Regarding Fees and Escrow Accounts 2007-31. Resolution Establishing Salary for Water and Sewer Data Entry Operator 2007-32. Resolution of Support for Speed Limit Study on River Road North in the Town of Wappinger 2007-33. Resolution Authorizing Amendment of the Name of "Wappinger Consolidated Water District" to "United Wappinger Water District" and Accepting the First Map, Plan and Report for the United Wappinger Water District 2007-34. Resolution Designating a Representative and Alternate to the Association of Towns 2007-35. Resolution Amending the Anniversary Date of Danielle Lent 2007-36. Resolution Authorizing the Association of Towns Proposed Legislative Resolutions for 2007 VI. New Business/Comments VII. Adjournment Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Chris Masterson - (845)297-5771 Monday, January 8th, 2007 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the meeting to order at 7:36 PM. Attendee Name Qrganizatan Title Status Arrived Joseph Ruggiero Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman - Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Absent Joseph Paoloni Town of Wappinger Councilman Present Public Hearings Resolution Introducing Local Law No. of the Year 2007, Creating Article VII of Chapter 214 of the Town of Wappinger Code Entitled "Sidewalk Maintenance -Removal of Snow and Ice and Debris" Supervisor Ruggiero opened the Public Hearing at 7:37 PM. Town Clerk Chris Masterson offered for the record the affidavits of posting and publication, duly signed and notarized (These affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Ruggiero asked Al Roberts, Attorney to the Town, to comment on the Local Law. Mr. Roberts explained that the Planning Board and the Town Board have both been active in encouraging sidewalks in certain areas of the Town. This Local Law requires property owners adjacent to a sidewalk to remove any snow or ice within 24 hours of the event. Failure to do so would result in a $100 fine for the first offense. The fine for the second offense is not to exceed $200 and $250 for the third. If a property owner fails to clear the snow or ice, the Town Highway Department could remove the snow or ice and charge it back to the property owner. Supervisor Ruggiero asked if there were any comments from the public. There were none. At that time Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. The Public Hearing closed at 7:39 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, William Beale ABSENT: Maureen McCarthy Town of Wappinger Page I Printed 1/17/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED ADOPTION OF LOCAL LAW NO. _ OF 2007, CREATING ARTICLE VII OF CHAPTER 214 OF THE TOWN OF WAPPINGER CODE ENTITLED "SIDEWALK MAINTENANCE — REMOVAL OF SNOW AND ICE AND DEBRIS". STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on December 13th, 2006, your deponent posted a copy of the attached Notice of Public Hearing on the proposed adoption of Local Law No. _ of 2007, creating Article VII of Chapter 214 of the Town of Wappinger Code Entitled "Sidewalk Maintenance — Removal of Snow and Ice Debris" on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. (a�- a� ohn C. sterson Town Clerk Town of Wappinger Sworn to before me the 27th day PDecembe , r - Le_ n t QTARY PUBLIC BARBARA L. ROBERTI Mo#ary Public, State of New York Re®. No. 01 R06130344 Dutchess County MY Commtsslon Expires July 18, 2009 LT� Poughkeepsie, NX State of New York RECEIVE County of Dutchess DEC City of Poughkeepsie b 2006 TOWN CLERK Rita Lombardi Of the City of Poughkeepsie Dutchess County, New York, being duly sworn, says that a the several times hereinafter mentioned she was and still i; the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL,, a newspaper printed and published every day in the year 2006 in the city of Poughkeepsie, Dutchess County, New York, and that the an$Wd-LNSjAs duly published in the said newspaper for weeks successively, in each week, commencing on the 20th. Dec. day of 2006 and on the following dates thereafter, namely on: And ending on the day of / , 200 both days inclusive. / 1 Subscribed and sworn to be ore me this.___ o -"i' -- day of ===-;2006 Z� Notar �ntio My conloSK�t�i RI{ 2d NOTARY PUBLIC, STA E r no. 01 CI5096485 QUALIFIED IN DUTCHESS COUNTY CO�R1�41SSI+ �1 WIRES OCTOBER 14, 200 S(DUTHERN P(JTCHESS NE[,JS BFt cord FRFs= PRESS 84 EAST MAIN STREET 44APP'TNGFRS, FAL. L.S , NY 12590 1fficia-,./i-t c> -F P,ublica-t1c>n To: I,lAPPTt,,lGER'=> FAL. I. S , T 0 W N P .0 . R(" X 324 WAPPTNGERS FA(. L..S ,. NY 12�'?"' Re t_ega l notice #75820 State of NEW YORK ,• } SS. County of DUTCHESS I , TINA HEATH, being duly depose and sa a that I am the PUBLISHER of Southern Dutchess Netts, a weekly net,JSpaper- of :general ,circ,.(..(lation published in WAPPTNGERS FALLS, County of DUTCHESS , State of NEW YORK; and that a notice., of which the annexed is a printed copy, was duly published in Southern D(..(tchess News once on 12/20106. st.iorn to be -fore me thi, 20th dAy of oc-c.e.mber, 2006 ALBERT M OSTEN h,Iotary Puhl.i.c, State of P1EW YORK No, 14-82410' -, 6 0 i�u. l i f led in MITCFSS County f-7lclmml.Ssi0n exPlraS on :ufip- 15, 2007 - RECEIVED JAN - 51001 TOWN CLERK Regular Meeting Minutes January 8, 2007 Resolution Introducing Local Law No. of the Year 2007, Amending Chapter 85 of the Town Code Known As the "Uniform and Energy Code" Supervisor :Ruggiero opened the Public Hearing at 7:39 PM. Town Clerk Chris Masterson offered for the record the affidavits of posting and publication, duly signed and notarized (These affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Al Roberts explained that, several months ago, the Town enacted a major revision to the Town's Local Laws implementing the enforcement of the State Uniform and Energy Codes. Effective this year, there were minor changes to the State Code and this Local Law implements those changes. One change is that the Chief of a Fire Department providing service to the Town will notify the Code Enforcement Office of any fire or explosion involving any electrical damage, structural damage, fuel burning appliance, chimney or gas vent. In addition, operating permits will be required for certain activities for certain categories of buildings. Examples in which permits would be required are the manufacturing, storing or handling of hazardous materials in quantities exceeding certain standards set forth in the Fire Code, hazardous processes and activities which would produce combustible dust as a byproduct, fruit and crop ripening, and waste handling, the use of pyrotechnic devices in assembly occupancies, buildings containing one or more areas of public assembly with an occupant load of 50 or more persons, and buildings whose use or occupancy classification may pose a substantial potential hazard to public safety. The Local Law provides formats for operating permits to be submitted to the Fire Inspector or the Code Enforcement Office. Supervisor Ruggiero asked if there were any comments from the public. Fire Inspector, Mark Liebermann, explained the contents of the Local Law in more detail. June Visconti of 13 Joan Lane stated that Legion. Fireworks operated within the Town of Wappinger. She asked if this would impact his business. Mr. Liebermann explained how the fees would apply to Legion Fireworks. Councilman Beale asked that Mr. Liebermann clarify any changes in terms of notification. of the Fire Inspector of situations such as chimney fires and electrical fires. Mr. Liebermann explained the changes. Supervisor Ruggiero again asked if there were any other comments. There were none. Councilman Beale made a motion to close the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. The Public Hearing closed at 7:44 PM. RESULT: CLOSED [UNANIMOUS] MOVER: William Beale,, Councilman SECONDER: Vincent Bettina, Councilman AYES: Joseph Ruggiero, Vincent Bettina,' Joseph Paoloni, William Beale ABSENT: Maureen McCarthy Town of Wappinger Page 2 Printed 1/17/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED ADOPTION OF LOCAL LAW NO. _ OF 2007, AMENDING CHAPTER 85 OF THE TOWN CODE KNOWN AS THE "UNIFORM AND ENERGY CODE". STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on December 13th, 2006, your deponent posted a copy of the attached Notice of Public Hearing on the proposed adoption of Local Law No. of 2007, amending Chapter 85 of the Town Code known as the "Uniform and Energy Code" on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. ohn C. Masterson Town Clerk Town of Wappinger Sworn to before me the 27th day. of ecember, 2 1� (NARY PUBLIC BARBARA L. ROBERTI Notary Public, State of New York Reg. No. 01 R06130344 Dutchess County My Commission Expires July 18, 2009 Poughkeepsie, N.Y. f� I� I 7 A � 0 00 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the Cit of Poua Y bhkeepsi Dutchess County, New York, being duly sworn, says that the several times hereinafter mentioned she was and still i the Principal Clerk of the Poughkeepsie Newspapers Divisio. of Gannett Satellite Information Network, Inc., publisher o the POUGHKEEPSIE JOURNAL, a newspaper printed an( published every day in the year 2006 in the city o Poughkeepsie, Dutchess County, New York, and that the angWWd '��%6,y duly published in the said newspapej for weeks successively, in each week, commencing on the 20th. day of T 2006 and on the following dates thereafter, namely on: And ending on the day of — —, 2006 , b t days inclusive. Subscribed and sworn,�°- before me this dayof l�.(/.cam--.I > , Public iLUK E OF NEAfrmmission expires NO. 01 015096=485 t QUALIFIED IN DUTCHESS COUNTY r,r :1'SSl,:ir%l E,a;t lis" S OCT OBER 14, ?00 C p . iA"MR0spy" Illy qq PC f �. mom! Regular Meeting Minutes January 8, 2007 Resolution Introducing Local Law No. of 2007 Amending the Town of Wappinger Code Regarding Fees and Escrow Accounts Supervisor Ruggiero opened the Public Hearing at 7:39 PM. Town Clerk Chris Masterson offered for the record the affidavits of posting and publication, duly signed and notarized (These affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). The Supervisor then asked Mr. Roberts, Attorney to the Town, to explain the Local Law. Mr. Roberts explained that this was a clarification, requested by the Building Department, regarding escrow fees for post -approval inspection fees after a particular development has been approved by the Planning Board. There are times in which the staff of the Town is required to go out to a project to oversee problems that have occurred after the project has been approved. Typically, these are on-site inspections by the Town Engineer but may also require legal work by the Town Attorney's office. Councilman Bettina asked why the Town Engineer or Town. Attorney's were involved in the post -approval process. Mr. Roberts explained that there were sometimes problems needing ongoing inspections. Councilman Bettina asked for an example. Mr. Roberts explained a situation in which there was a mistake on an easement in one of the subdivisions that was not caught until after the map was approved. The Town staff had to convene to determine if the existing description that was given and used in the recording of the easement could be utilized in the final processing. Another example is the ongoing inspections for water, sewer and utility lines. Councilman Bettina stated the way that he was interpreting the Local Law. He wanted to verify that not every project would be required to establish an escrow account, that the account would be set up in the event of a situation as Mr. Roberts explained. Supervisor Ruggiero replied that that was incorrect. Councilman Bettina stated that he understands the point of putting up bonds for a project, but disagreed with the Local Law regarding escrow accounts. He reads this Local Law as though the Town is expecting a problem. Engineer to the Town, Jay Paggi, explained that his office inspects drainage, water, and sewer lines that are to be dedicated to the Town. Councilman Bettina asked about lines that are not to be dedicated to the Town. Mr. Paggi explained that the Building Department would inspect those lines. Councilman Bettina wanted to clarify that the fee for the Building Department's inspection of those lines would come out of the Building Permit Fee. Mr. Paggi replied that that was correct. He went on to point out that, during the construction of the project, there are questions forwarded to his office or the Town Hall to interpret an approved set of plans. These instances usually say that there is a discrepancy between the approved set of plans and what is in the field or that the plans need to be changed. In those cases, the time that is spent by legal or engineering counsel should not be paid for by the taxpayers. There is an escrow put up by the developer or subdivider to cover those fees. The Town looked at a number of projects that were completed in the past to set up the fee schedule as stated in the Local. Law. Councilman Bettina again stated that he disagreed with the setting up of an escrow in anticipation of problems. Mr. Paggi gave examples of situations in which problems did arise and there was no escrow. He went on to say that he has not seen any projects of any magnitude that did not have the need for post -approval. George Kolb, Director of Code Enforcement, explained the research that went into setting the plan for post -approval and escrow accounts. Councilman Bettina asked for verification that the escrow account would be refunded if there were no charges incurred. Mr. Roberts and Mr. Paggi both verified that it would. Supervisor Ruggiero asked if there were any other comments. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. The Public Hearing was closed at 7:52. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, William Beale ABSENT: Maureen McCarthy Town of Wappinger Page 3 Printed 1/17/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED ADOPTION OF LOCAL LAW NO. _ OF 2007, AMENDING THE TOWN OF WAPPINGER CODE REGARDING FEES AND ESCROW ACCOUNTS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on December 13th, 2006, your deponent posted a copy of the attached Notice of Public Hearing on the proposed adoption of Local Law No. _ of 2007, amending the Town of Wappinger Code regarding Fees and Escrow Accounts on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Pohn C. lasterson Town Clerk Town of Wappinger Sworn to before me the 27th day,pf December, 2006 -NOTARY PUBLIC BARBARA L. ROBERTI _ Notary Public, State of New York Reg. No. 01 R08130344 Dutchess County My Commission Expires July 18, 2009 Poughkeepsie, N.Y. RECEIVED State of New York DEC 2 6 2006 County of Dutchess City of Poughkeepsie OWN CLERK 11 Rita Lombardi , of the Cit of PouQ Y bhkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie. Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year 2006 in the city of Poughkeepsie, Dutchess County, New York, and that the anBWdMlj,CA.16jV duly published in the said newspaper for weeks successively, in each week, commencing on the 20th. day of n-- 2006 and on the following dates thereafter, namely on: And ending on day of 2006 , bo days inclusive. Subscribed and sw nFto before me this 1 MMM-MM"kWh expires_ _ d_ � ` %7'' 6 ARY PUBLIC, STAKE OF NEW YORK NU. 01015096485 QUALIFIED IN DUTCHESS COUNTY 1"IMISSION E:XPIFTU OCTOBER 14,200 � day of� , 20 ary Public SOUTHERN Dt.JTCHESS NEWS BEACON FREE PRESS 84 EAST t°lolN STREET WAwaTNGFRS FALLS, PAY 12590 A -F -F 1 cE a N.? i -t CD. -F P'"E> 1 1- cat i c► n To: WAPPT.NGERS FAL.I._S,, TO 1,1N P .O . BOY 3?4 WAPPTNG✓=RS FAL.I...5 NY 1,25';10 Re: Legal notice #75521 State of NEW YORK County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say: that. I am the PUBLISHER of Sou.t her n Dutc.hess News, a vjeekly na-vispaper of general circulation pr..rblished in WAPPTNGERS FALLS, COUI-Ity of DUTCHESS , State of NEW YORK; and that, a notice, of t•jhich the annexed is a printed copy, was dUly published in Southern DUtchess News once on 12./20./C)(-.,. Sworn to before me this 20t.h davr of December, 2006 Al -BERT M OSTEN Notary Public, State of NE14 YORK No. 14-824()?bo nualified .in OUTCHESS County My commission expires r?n Ji_tne 15, 2007 RECEIVE[ JAN " 5 200l TOWN CLERK T - -1 - - - -,.- -- J-- Regular Meeting Minutes January 8, 2007 III. Public Portion 1. Public Comment on the Agenda Items Supervisor Ruggiero opened the floor to public comment on the agenda items. Councilman Bettina asked about the issue regarding the speed limit of Chelsea Road. Supervisor Ruggiero asked that the topic be discussed in new business. Supervisor Ruggiero pointed out that Wendy Smart, of 2187 Route 9D, was in the audience for comment on Resolution 2007-032 and asked if she would like to make any comments. Mrs. Smart briefly discussed her concern on the matter. Fire Inspector Mark Liebermann asked to discuss the issue regarding the Tow Trucks in the Town of Wappinger. Attorney to the Town Al Roberts and Supervisor Ruggiero pointed out that the topic was on the agenda as a discussion topic. Mrs. Smart asked about the New Hackensack Water Line. Supervisor Ruggiero notified her that this topic was also on the agenda as a discussion topic. IV. Minutes Approval 1. Monday, November 27, 2006 2. Monday, December 11, 2006 3. Tuesday, December 26, 2006 ✓ Vote Record -Motion to accept the miautes. of 11/27/Q6 11J IA and 12/26/06 and place them on file Np/Nay Abstain P Absent Joseph Ruggiero Initiator ® ❑ ❑� ❑ D Adopted William H. Beale -- Voter -- ® . ..._. ❑ ❑ ❑ ❑ Defeated ncent Bettina Voter ® ❑ ❑ ❑ ❑ WithdrawnVi Maureen McCarth —Vo-te--r-----b----"i ❑ D 0 _ Joseph Paoloni Seconder ® D ❑ D V. Discussions A. Tow Truck Local Law Supervisor Ruggiero opened the discussion at 8:00 PM. Attorney to the Town, Al Roberts, began by pointing out that Councilman Beale has expressed a concern about the tow truck operations within the Town. It has been Councilman Beale's experience, through his association with the Hughsonville Fire Department, that response times of tow trucks to accidents within the Town are too lengthy. Mr. Roberts, in conducting research, discovered that this has been the subject of much litigation. He discussed a case that went to the Second Circuit Court of Appeals for the Southern District. There have been other cases that have gone as high as the Court of Appeals in New York State as well as Supreme Court cases. Many of the municipalities have adopted a variety of Tow Truck Ordinances ranging from simple towing lists to very elaborate procedures, sometimes involving various licenses and requirements. On January 3rd, Mr. Roberts' Office spoke with Sgt. Hughes of the Dutchess County Sheriffs Department. Sgt. Hughes is responsible for the tow list within the Sheriffs Department. According to Sgt. Hughes, a list is maintained for each town. A tow operator can be placed on the list for the Town in which it is located as well as for two adjoining Towns. The Sheriffs Deputy on the scene is responsible for contacting the dispatcher to request a tow truck. At the scene, the owner or operator of the vehicle to be towed also has the right to choose the tow truck operator. If the owner of the vehicle does not choose the tow truck, the Sheriffs Department would pick the tow truck from the list. That tow truck is then placed at the bottom of the list. In some situations, there is an urgent need for a tow truck on the scene. The Sheriffs Department can waive the list process and choose a tow truck in the immediate vicinity. The tow truck operator can be passed over if he does not have the appropriate equipment or if he is not responsive. Also, there are times in which a flat bed is required in place of a tow truck. Sgt. Hughes also advised Mr. Roberts that the City of Poughkeepsie and the Town of Beekman have enacted legislation which requires tow trucks that have not been contacted by the appropriate authority to stay 500 feet from the scene of an accident as to not impede the investigation or cause further accidents. He also pointed out that response times are an issue and that the Sheriffs Office has been considering making changes to decrease response times. The Town of Poughkeepsie drafted a Local Law concerning tow trucks. There were a number of objections at the Public Hearing and the Town then refused to adopt the Local Law. The City of Poughkeepsie and the Town of Lloyd both have and use lists. Mr. Roberts pointed out that his research found that many of the these Local Laws are not consistent with the findings in both the Federal and State Courts. One of the things that the Town cannot do is limit the list of tow truck Town of Wappinger Page 4 Printed 1/17/2007 Regular Meeting Minutes January 8, 2007 operators to those operators that have an office within the Town of Wappinger. There is a section of General Municipal Law that prohibits a municipality from favoring local businesses over other businesses. The Town could set up a system in which the criterion was response time. Mr. Roberts also pointed out that, in compiling lists of operators, the Town may want to divide the Town into separate zones. Discussion followed concerning the main aims that the Town has in mind in proceeding and the different elements that will be taken into account in making the lists. Supervisor Ruggiero gave an example of a tow truck operator sitting in a parking lot and hearing of an accident over the CB. The tow truck operator realizes that the accident is close to his location, responds and arrives very quickly. Supervisor Ruggiero asked if this Local Law would prevent that operator from getting that business. Mr. Roberts replied that it would. Supervisor Ruggiero followed up by asking, if the goal of the Town is to improve response time and this operator is the first on the scene, why the operator wouldn't get that business. Councilman Beale replied that it would lead to chaos. He stated from experience that tow truck operators would park on the side or the road at a scene and approach accident victims to get the business. Supervisor Ruggiero pointed out that there would be a 500 foot buffer in which the tow truck operator would have to stay out of, and asked again why the operator should not get the business. Councilman Beale answered that the operator has to be properly contacted. Mr. Roberts added that there needed to be some sort of organization. Councilman Bettina pointed out that tow truck operators will stage themselves in strategic locations on nights with bad weather in order to be the first to respond to an accident. Councilman Beale replied that the operator needs to be turned away by the authority on the scene if the operator is not the next on the list. Supervisor Ruggiero commented that he would think that the authority on the scene would want to clear the scene as quickly as possible. Councilman Beale pointed out scenarios in which this would cause problems. Mr. Roberts then stated that one of his final points is that the Town should work closely with the Sheriffs Office and the State Troopers in deciding the direction that the Town should take. Supervisor Ruggiero pointed out that the Sheriffs Department already has a list of operators for each Town and asked if the Town could obtain a copy of its list. Supervisor Ruggiero then asked if the passing of the Local Laws by other towns has had a positive effect. Mr. Roberts replied that he believes it has, because the operators can be fined heavily. Mr. Jim Horan, an attorney from Mr. Roberts' Office, further explained the action that New York City took in this matter. In the City of New York, the only operator that can tow the car is the one that is next on the list. Supervisor Ruggiero commented that this is not a route that the Town is interested in taking. All were in agreement that this was an extreme example. Supervisor Ruggiero asked Mr. Horan if the State Police would adhere to the list. Mr. Horan replied that he has put a call into the State Police and has not heard back. Supervisor Ruggiero asked Mr. Horan to get the list for the entire County so that the Board could see how it compares to other municipalities. Mr. Roberts asked Councilman Beale if he has noticed a difference in the way that the State Troopers and the Sheriffs Department respond to accidents. Councilman Beale replied that the State Police are more efficient in getting tow trucks on the scene. Discussion followed. Supervisor Ruggiero closed the discussion at 8:24 PM. B. New Hackensack Wafer Line - Jay Paggi Supervisor Ruggiero opened the discussion at 8:24 PM and asked Jay Paggi, Engineer to the Town, to discuss the topic. Mr. Paggi stated that the Town had previously determined that there was a necessity to extend the water line on New Hackensack Road to serve three homes that were served through a common water service through private property. The Board voted on that map, plan and report back in 2006. In the beginning of last year, the Town was asked by the operators of the water system about the possibility of extending the water line to serve the Wildwood Sewer Plant and three additional properties that are also presently in the United Wappinger Water District. Mr. Paggi's office did that map, plan and report back in November. The United Wappinger Water District is the result of combining several water districts into one super -district. The consolidation became effective on January 1St, 2007. In the presentation that Mr. Paggi gave in November, he spoke of estimates of benefit units in the combined district to be 4860. In the last week of November and the first week of December, Mr. Paggi's office spent a significant amount of time working with the Town Assessor's Department and the County Assessor's Department to determine a precise number of benefit units in the United Wappinger Water District. One issue that his office was struggling with was the utility franchises that are part of this district. They came up with a number that is slightly different from the number that was given in November. Instead of 4860, the number of benefit units is 4755. Mr. Paggi followed up by explaining that the cost, per benefit unit, for the project would go from $8.40 to $8.58. Supervisor Ruggiero asked if there were any further comments. There were none. He then closed the discussion at 8:28 PM. Town of Wappinger Page 5 Printed 1/17/2007 Regular Meeting Minutes January 8, 2007 C. Fuel Storage Tanks - Eric Fellenzer 1. Supervisor Ruggiero opened the discussion at 8:28 PM. He called on Eric Fellenzer to explain the next steps that the Town needs to take. Mr. Fellenzer replied that the Town needs to go out to bid for an above ground fuel tank for heating oil at the Town Highway Garage. Town Highway Superintendent, Graham Foster, explained that the Town is required to do a "10 day reconciliation" of the diesel fuel. The Town could do the reconciliation during the summer months but not during the winter months, when the tank would be heating the garage. Adding the fuel oil tank to run the furnace would enable the Town to conduct the reconciliation. Supervisor Ruggiero asked what the estimate of the project is. Mr. Fellenzer explained that the Town would also have to update the generator and the fuel tank at Carnwath. These projects would be done simultaneously and would cost approximately $40,000. Supervisor asked if the Town will be in compliance once this project is completed. Jay Paggi, Engineer to the Town, reminded the Board that even after the work is completed, there are going to be certain monitoring devices and points of contact to make sure that the needed reports are being filed. Attorney to the Town, Al Roberts, pointed out that he has been in contact with a representative of the State Police in regards to the generator on the Emergency Services building. Councilman Paoloni asked what the deadline for compliance is. Mr. Foster and Mr. Paggi replied that the deadline is "ASAP". Councilman Paoloni made a motion to authorize Mr. Fellenzer to go out to bid for the project stated in this discussion. The motion was seconded by Councilman Bettina and passed unanimously. Supervisor Ruggiero then closed the discussion at 8:35 PM. Motion To: authorize Eric Fellenzer to go out to bid for above ground fuel tank RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, William Beale ABSENT: Maureen McCarthy Red Hook Preservation Fund Supervisor Ruggiero opened the discussion at 8:35 PM. The Town received numerous letters in regards to a community preservation fund. There seems to be an environmental organization conducting a campaign in the Town of Wappinger to get residents to draft such letters. The Town of Red Hook got special legislation in June of 2006 to initiate a community preservation fund. Supervisor Ruggiero asked Al Roberts, Attorney to the Town, to discuss this topic. Mr. Roberts explained that this would be a transfer tax. This community preservation fund would be modeled after the original version, the Peconic Bay fund. The legislation for that fund authorized several communities to adopt a community preservation fund which was a rather elaborate process. The purposes of the fund is to preserve open space, establish parks, nature preserves and recreation areas, preserve agricultural land, preserve fresh and salt water marshes, and preserve undeveloped beach and shorelines. The Town Board which establishes a community development fund must also adopt a community advisory board which will advise the Town on how to spend money once the legislation is adopted. This special legislation authorized the Town to adopt this process subject to a mandatory referendum. The tax is a 2% tax based on the sale price of the property. The first laws that were adopted used a 2% tax across the board. The Red Hook version only taxed the difference between the median sale price of a house, as established by the Real Property Tax Bureau, and the actual selling price. This is a transfer tax - the seller has to pay a transfer/gains tax of 1%. Councilman Bettina stated that residents of New York pay one of the highest levels of closing costs in the United States. He asked for clarification that, with adoption of this fund legislation, the residents would have an additional 2% tacked on to that. Mr. Roberts explained that, if the Town adopted the regular version, only the houses that sell above the median selling price would be taxed. Jim Horan pointed out that, for Dutchess County in 2005, the median sale price was $324,000. For 2004, it was $282,500. Supervisor Ruggiero asked if this passed in Red Hook, whether the people of Red Hook voted for it. Mr. Roberts replied that, to his knowledge, only two municipalities have passed it; one was in Riverhead and the other was Shelter Island. It is still in the process in the Town of Red Hook. Supervisor Ruggiero and Mr. Roberts then summarized the process that would be needed to proceed with this matter. Discussion followed. Councilman Paoloni asked if the transfer tax had to be the only mechanism to build the fund. Mr. Roberts replied that it could be tailored to the requirements of the particular Town just as Red Hook did. Councilman Bettina stated that he could support other means but could not support more taxes. Town of Wappinger Page 6 Printed 1/17/2007 Regular Meeting Minutes January 8, 2007 Mr. Horan pointed out that the original legislation was adopted in Peconic Bay. The second Town to adopt was Brookhaven, in Suffolk County. In 2004, Warwick passed the legislation. Red Hook then followed in 2006. He then explained the reason that the legislation needs to be created by Albany. Supervisor Ruggiero commented that this may be a good issue to bring up when the Board goes to the Association of Towns Conference in New York City in February. Councilman Beale noted that the letters contain references to the organization that conducted the letter writing campaign and recommended that the Town see if that organization has a website which can be checked for more information. Councilman Paoloni brought up the memo that was sent to the Town Board by Mr. Roberts' office. In that memo, it is stated that the transfer tax is being imposed on the seller. Mr. Horan replied that the memo is incorrect and that the tax would be imposed on the grantee - the person which receives the property. In other words, the 2% would be on the buyer. Discussion followed. Supervisor Ruggiero again pointed out that this would be a good topic to be brought up at the Association of Towns conference and closed the discussion at 8:55 PM. E. Workplace Violence Prevention Act Supervisor Ruggiero opened the discussion at 8:55 PM and introduced Judy Mayle, of the law firm Donoghue, Thomas, Auslander & Drohan. Mrs. Mayle was on hand to speak about new statutory legislation that was adopted. This legislation was adopted in June of 2006 and initially had an effective date of August 2006. The revised effective date is now March 4th, 2007. The New York State Legislature is requiring that every public employer conduct an evaluation of their work site to determine if there are any risks or factors that might expose the employees to violence such as homicides or assaults. This legislation outlines the parameters and requirements that the Towns must adopt in order to comply with the statute. While every employer must conduct this risk evaluation and the training, only employers having over 20 permanent full-time employees must adopt the policy component of the Law. The Towns have until March 4th, 2007 to implement the regulations. In doing the risk evaluation, the Town would identify particular situations in which the employees are at risk. The Town may want to put together a team of individuals to do the evaluation. If the Town employees 20 or more full-time employees, the Town would then look at conducting training. The Town would also adopt a workplace violence prevention policy. This would be done on an annual basis. Supervisor Ruggiero asked if Mrs. Mayle had a sample policy. She replied that she could provide a sample. Discussion followed. Supervisor Ruggiero closed the meeting at 9:10 PM. F. Building and Zoning Fees Supervisor Ruggiero opened the discussion at 9:10 PM. He then asked George Kolb, Director of Code Enforcement, to comment on the issue of Building and Zoning Fees. Mr. Kolb researched the building and zoning fees of other towns and compared them to the fees that the Town of Wappinger was charging. He noted some changes that he asked the Board to look at such as the $100.00 non-refundable application fee. Councilman Bettina asked Mr. Kolb what other Towns he looked at in this comparison. Mr. Kolb replied that he looked at LaGrange, Fishkill and the City of Beacon. He went on to discuss a fee that he felt was too high - the Hot Tub Fee. He recommends that the Hot Tub Fee be reduced to $50.00. He also recommended that the electrical upgrade stays at $100.00 and the driveway permit fee goes up to $100.00. Discussion followed. Supervisor Ruggiero closed the discussion at 9:19 PM. VI. Resolutions RESOLUTION: 2007-28 Resolution Adopting Local Law No. 1 of the Year 2007, Creating Article VII of Chapter 214 of the Town of Wappinger Code Entitled "Sidewalk Maintenance - Removal of Snow, Ice and Debris" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law Creating Article VII of Chapter 214 of the Town of Wappinger Code entitled "Sidewalk Maintenance - Removal of Snow, Ice and Debris"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town and the Poughkeepsie Journal; and WHEREAS, the Public Hearing was held on January 8th, 2007, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to Environmental Review; and Town of Wappinger Page 7 Printed 1/17/2007 Regular Meeting Minutes January 8, 2007 WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. 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 adopts Local Law No. l of the Year 2007 entitled Creating Article VII of Chapter 214 of The Town of Wappinger Code entitled "Sidewalk Maintenance - Removal of Snow, Ice and Debris", a copy of which is attached hereto and made part of this Resolution. 3. The Town Board further authorizes an amendment to Chapter 122 of the Town of Wappinger Code to reflect the fines and penalties related to this Local Law. 4. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-28 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated - Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled ❑ Maureen McCarthy Voter_ ❑ ❑ ( ❑ 0 Withdrawn Jose h PaoloniVoter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 08th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 8 Printed 1/17/2007 LOCAL LAW NO.1 OF THE YEAR 2007 A Local Law entitled "Local Law No. 1 of the Year 2007 Creating Article VII of Chapter 214 of the Town of Wappinger Code entitled, "Sidewalk Maintenance -Removal of Snow and Ice and Debris." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title This Local Law shall be known and cited as "Local Law No. 1 of the Year 2007 Creating Article VII of Chapter 214 of the Town of Wappinger Code entitled, "Sidewalk Maintenance - Removal of Snow and Ice and Debris." This law shall also add fee and fine provisions related to removal of snow, ice, debris and other obstructions to be set forth in Chapter 122 of the Code. "ARTICLE VII SIDEWALK MAINTENANCE -REMOVAL OF SNOW AND ICE AND DEBRIS" Section 214-80: Title: This Local Law shall be known and cited as Town of Wappinger Local Law No. 1 of the Year 2007 Creating Article VII of Chapter 214 of the Town of Wappinger Code, entitled "Sidewalk Maintenance -Removal of Snow and Ice and Debris", which requires owners, occupants and other persons to remove snow and ice and debris from the sidewalks in front of or adjacent to the premises owned or occupied by them. Section 214-81: Leeislative Intent: Both the Town Board and the Planning Board of the Town of Wappinger have committed to a program of requiring sidewalks to be constructed in various areas of the Town including Old Route 9 and Route 9. Once constructed, these sidewalks (and all sidewalks which are already in existence) must be appropriately maintained in order to provide for safe use by pedestrians. T Therefore, the Town Board has determined that it is in the best interests of the residents of the Town, as well as the pedestrian public utilizing the sidewalks, to enact a Local Law to provide for the prompt removal of snow, ice, debris and other obstructions from all sidewalks located in the Town of Wappinger by owners and/or occupants of the premises adjacent to or abutting those sidewalks. The enactment of this Local Law will mandate the prompt removal of snow, ice, debris and other obstructions from all sidewalks located in the Town and establishes appropriate penalties and fines for the failure to abide by this Local Law. Section 214-82: Removal of Snow and Ice: A. Every owner, lessee, tenant, occupant or other person having charge of any premises adjacent, fronting or abutting upon a sidewalk including any unpaved area used as a sidewalk or walkway on any public street or public place in the Town of Wappinger shall remove dirt and other obstructions and within 24 hours after the cessation of every fall of snow or the formation of any ice on the sidewalk in front of or adjacent to said premises or abutting said premises, remove or cause the snow, ice or other obstructions and debris to be removed and/or cleared entirely from the said sidewalk. B. In case the snow or ice on any sidewalk in front of or adjacent to said premises or abutting said premises shall be frozen so hard that it cannot practically be removed or cannot be removed without injury to the pavement, the owner, lessee, tenant, occupant or other person or persons having charge thereof, shall, within the times and place hereinabove specified, cover or cause the abutting sidewalk to be covered and strewn with either sand, sand/salt mixture, or similar material and shall, as soon thereafter as weather will permit, thoroughly clean said sidewalk and remove the ice and snow therefrom. Section 214-83: Snow or Ice or Debris Falling from Buildines: No person shall permit snow, ice, water or debris to accumulate upon any building adjacent to, fronting on or abutting any street or sidewalk, and shall take all steps necessary to prevent such snow, ice, water or debris from falling on to any street or sidewalk. Section 214-84:Removal of Debris from Sidewalks: The owner and/or occupant of any premises shall keep or cause to be kept the sidewalk abutting upon, adjacent to or in front of said premises free from obstructions and nuisances of every kind and shall sweep and remove or cause to be swept or removed therefrom all garbage, refuse, filth, dirt, debris and other offensive material and shall keep such sidewalk free from garbage, refuse, filth, dirt, debris or other offensive material at all times. Section 214-85: Failure to Comply; Fees; Penalties: A. Where the snow, ice, garbage, refuse, filth, dirt, debris or other offensive material on the sidewalk in front of or adjacent to any premises or abutting any premises shall not be cleared or cleaned of snow, ice, garbage, refuse, filth, dirt, debris or other offensive material or covered with either sand, sand/salt mixture or other suitable material, within the time limits specified, then and in that event, the Town may proceed to so clean or cover the said sidewalk as provided in §214-82 and/or §214-84 hereof and the cost or expense of doing said work shall be ascertained by the Superintendent of Highways or his designee and a report thereof shall be forthwith filed in the Office of the Town Clerk. B. The cost of such work, including materials furnished, shall be reported by the Highway Superintendent or his designee, to the Town Clerk and shall be on file in the Office of the Town Clerk. The Town Clerk shall promptly provide a Notice of Lien to the owner and/or 11 occupant, notifying them of the cost to remedy. Said Notice shall state that said costs and any and all costs incurred for the collection of those costs shall be a lien upon the premises. If the said cost is not paid on or before the first day of November, the amount thereof shall be levied as part of the tax to be collected upon the premises against which said costs shall be a lien as aforesaid. The same shall be included within the completed tax roll and collected as part of the taxes against the said premises and the total of the lien shall also include any administrative fees, costs and/or penalties assessed for late payment and costs incurred to collect the sum, including but not limited to legal fees and court costs incurred for collection of the lien. C. Any persons who shall violate any of the provisions of this Article or any rule or regulation made pursuant thereto or fails to comply with the provisions of this Article, shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122 - 16 of the Code and/or imprisonment not to exceed ten (10) days. For the first day after a non- compliance with this provision, the fine shall not exceed $100.00; if the non-compliance continues for a second day, the fine shall not exceed $200.00, and if the non-compliance continues for a third day, the fine is $250.00 for each day thereafter that this Article is violated. To promote compliance with the provisions of the Article, each day that a violation continues following notification shall be deemed a separate offense. The imposition of any fines shall not exempt the offender from further compliance with the provisions of this Article. Section 214-86: Civil Action by Town: Notwithstanding the foregoing, the Town may recover from any persons violating this Chapter, by appropriate civil action, the sum of money necessary to reimburse the Town for the cost of clearing the sidewalks from snow, ice or debris together with any administrative fees, costs, penalties assessed for late payment, and all costs incurred to collect such sums, including attorney's fees and disbursements." Section II: Chapter 122 — Fees and Fines: The Town of Wappinger Code § 122-16.K., FEE SCHEDULE, is hereby amended by adding a new sub -section (3) thereto as follows: "§122-16.K. Chapter 214, Streets and Sidewalks (3) Sidewalk Maintenance — removal of snow, ice and debris: §214-85 (c): Fine not to exceed $100.00 for the first day of non- compliance; if the non-compliance continues for a second day, the fine shall not exceed $200.00; if the non-compliance continues for a third day, the fine shall not exceed $250.00 for each day thereafter." Section III: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section IV: Effective Date: T_� This Local Law shall become effective immediately State as provided by law. Regular Meeting Minutes January 8, 2007 RESOLUTION: 2007-29 Resolution Adopting Local Law No. 2 of the Year 2007, Amending Chapter 85 of the Town Code Known as the "Uniform and Energy Code" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2007, Amending Chapter 85 of the Town Code known as the Uniform and Energy Code"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town and the Poughkeepsie Journal; and WHEREAS, the Public Hearing was held on January 8th, 2007, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to Environmental Review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. 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 adopts Local Law No.2 of the Year 2007 entitled "Local Law No. 2 of the Year 2007, Amending Chapter 85 of the Town Code known as the Uniform and Energy Code", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: ✓ Vote -Record -Resolution RES -2007-29 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 0 ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 08th, 2007 The Resolution is hereby duly declared adopted. T-� Town of Wappinger Page 9 Printed 1/17/2007 LOCAL LAW NO.2 OF THE YEAR 2007 A Local Law entitled "Local Law No. 2 of the Year 2007, Amending Chapter 85 of the Town Code known as the Uniform and Energy Code." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 2 of the Year 2007, Amending Chapter 85 of the Town Code known as the `Uniform and Energy Code"'. Section II: Legislative Intent: This Local Law implements changes to the "Uniform and Energy Code" that are required by recent amendments to Part 1203 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR) which are effective January 1, 2007. By adoption of this Local Law, the Town Board incorporates each and every amendment to the Codes, Rules and Regulations set forth and contained in Title 19 NYCRR Part 1203 which are effective January 1, 2007. Section III: Amendments to Chapter 85: "Uniform and Enemy Code": §85-10. Inspections. Section 85-10 entitled "Inspections" is hereby amended by the adoption and insertion of the following new sections: "(C) Notification Regarding Fire or Explosion: The Chief of any Fire Department providing fire fighting services for a property within the Town of Wappinger shall promptly notify a Town of Wappinger Enforcement Officer of any fire or explosion involving any electrical damage, structural damage, fuel burning appliance, chimney or gas vent. Upon such notification, a Town of Wappinger Enforcement Officer shall conduct a fire prevention and safety inspection as required by §85-10 (B) above. (D) Operating Permits: (1) Operating Permits shall be required for conducting the activities or using the categories of buildings listed below, and any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (D)(1) shall be required to obtain an Operating Permit prior to commencing such activity or operation: (a) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR section 1225.1; (b) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; (c) use of pyrotechnic devices in assembly occupancies; (d) buildings containing one or more areas of public assembly with an occupant load of 50 persons or more; and (e) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town of Wappinger. (2) Applications for Operating Permits: An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Enforcement Officers. Such application shall include such information as the Enforcement Officers deem sufficient to permit a determination by the Enforcement Officers that quantities, materials, and activities conform to the requirements of the Uniform Code. If an Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Enforcement Officer, at the expense of the applicant. (3) Inspections: An Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. (4) Multiple Activities: In any circumstances in which more than one activity listed in subdivision (D)(1) of this section is to be conducted at a location, the Enforcement Officer may require a separate Operating Permit for each such activity, or the Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities. (5) Duration of Operating Permits: Operating Permits shall be issued for a period not to exceed one year. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Enforcement Officers, payment of the applicable fee, and approval of such application by an Enforcement Officer. Section V: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section VI: Ratification: Except as herein modified and amended, Local Law No. 10 of the Year 2006, Creating Chapter 85 of the Town Code, "Uniform and Energy Code" is hereby ratified and reconfirmed and all provisions of the amendments to Title 19 NYCRR Part 1203 effective January 1, 2007, are hereby deemed incorporated into said Chapter 85, except as otherwise adopted herein. Section VII: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. Regular Meeting Minutes January 8, 2007 RESOLUTION: 2007-30 Resolution Adopting Local Law No. 3 of 2007 Amending the Town of Wappinger Code Regarding Fees and Escrow Accounts WHEREAS, the Town Board of the Town of Wappinger has determined that Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town of Wappinger Code should be amended so as to clarify and improve the Town Code provisions regarding escrow accounts for development projects (the "Proposed Action"); and WHEREAS, the Proposed Action represents neither a strengthening nor loosening of any of the environmental regulations of the Town but deal with strictly financial and procedural matters instead; and WHEREAS, the Proposed Action will not result in any significant adverse environmental impacts; 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. WHEREAS, a duly advertised public hearing was held on January 8th, 2007 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby'adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant adverse environmental impacts. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 3 of 2007; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-30 ' 0 Adopted No/Nay Abstain Absent ❑ Adopted as Amended Joseph R�ero Seconder p ❑ ❑ ❑ ❑ Defeated William Beale Voter p p ❑ ❑ ❑ Tabled Vincent Bettina Voter D ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ p El Jos h Paoloni Initiator El ❑ ❑ p Dated: Wappingers Falls, New York January 081h, 2007 The Resolution is hereby duly declared adopted. town o) wappinger Page 10 Printed 1/17/2007 TOWN OF WAPPINGER LOCAL LAW # 3 OF THE YEAR 2007 A Local Law entitled "Local Law # 3 of 2007, Amending the Code of the Town of Wappinger Regarding Fees and Escrow Accounts." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law # 3 of 2007, Amending the Code of the Town of Wappinger Regarding Fees and Escrow Accounts." Section 2. Legislative Intent The intent of the proposed Local Law is to amend the Code of the Town of Wappinger so as to clarify and improve the Town Code provisions regarding fees and escrow accounts for development projects. Section 3. Amendments to the Town Code 1. Section 122-16.N(4) of Chapter 122, Fees and Fines, shall be revised to read as follows: (4) Conceptual review fee (subdivision, site plan, special permit): $250 per application. The conceptual review fee shall be credited toward formal review fees. No escrow account shall be established and no review by professional consultants shall be performed. 2. Sections 122-16.N(7)(c), (e) and (f) of Chapter 122, Fees and Fines, shall be revised to read as follows. (Sections 122-16.N(7)(a), (b) and (d) shall remain intact.) (c) For minor applications (includes professional office or studio uses in a residence; home occupations involving on-site clients, visitors, customers or patrons; lot line changes and land transfers which result in conforming lots and which involve less than 10% of the minimum lot area of each involved lot; and subdivisions in which no new building lots are created), the applicant shall deposit and maintain a sum calculated as follows: $1,500.00. 2 TOWN OF WAPPINGER LOCAL LAW # 3 OF THE YEAR 2007 A Local Law entitled "Local Law # 3 of 2007, Amending the Code of the Town of Wappinger Regarding Fees and Escrow Accounts." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law # 3 of 2007, Amending the Code of the Town of Wappinger Regarding Fees and Escrow Accounts." Section 2. Legislative Intent The intent of the proposed Local Law is to amend the Code of the Town of Wappinger so as to clarify and improve the Town Code provisions regarding fees and escrow accounts for development projects. Section 3. Amendments to the Town Code 1. Section 122-16.N(4) of Chapter 122, Fees and Fines, shall be revised to read as follows: (4) Conceptual review fee (subdivision, site plan, special permit): $250 per application. The conceptual review fee shall be credited toward formal review fees. No escrow account shall be established and no review by professional consultants shall be performed. 2. Sections 122-16.N(7)(c), (e) and (f) of Chapter 122, Fees and Fines, shall be revised to read as follows. (Sections 122-16.N(7)(a), (b) and (d) shall remain intact.) (c) For minor applications (includes professional office or studio uses in a residence; home occupations involving on-site clients, visitors, customers or patrons; lot line changes and land transfers which result in conforming lots and which involve less than 10% of the minimum lot area of each involved lot; and subdivisions in which no new building lots are created), the applicant shall deposit and maintain a sum calculated as follows: $1,500.00. 2 (e) For construction inspection for a subdivision or site development plan involving a performance bond, the applicant shall deposit and maintain a sum equal to 3% of the construction costs as estimated by the Town Engineer. In addition, for post -approval construction review for a subdivision or site development plan involving a performance bond, the applicant shall deposit and maintain a separate sum calculated as follows: For Subdivisions: For Site Plans: Number of Lots Square Footage Amount 0 to 2 0 to 3,000 $33750.00 3 to 10 3,001 to 20,000 $7,500.00 11 to 35 20,001 to 50,000 $16,875.00 More than 35 Greater than 50,000 $26,250.00 (f) For post -approval construction review and construction inspection for a subdivision or site development plan not involving a performance bond, the applicant shall deposit and maintain a sum calculated as follows: For Subdivisions: For Site Plans: Number of Lots Square Footage Amount 0 to 2 0 to 3,000 $3,750.00 3 to 10 3,001 to 20,000 $7,500.00 11 to 35 20,001 to 50,000 $16,875.00 More than 35 Greater than 50,000 $26,250.00 3. Sections B(2) and (4) of Chapter 240 Attachment 6:1, Planning and Zoning Departments Fees and Escrow Funds, shall be amended to read as follows. (Sections B(1), (3), (5), (6) and (7) shall remain intact.) (2) Application review. Upon filing an application for subdivision, site plan or special permit approval, the applicant shall deposit with the Town Controller, via certified check, a sum of money in accordance with Chapter 122, Article IV, § 122-16N(7). The Controller shall pay from these funds the fees charged by any professionals employed by the Town with respect to the review of the applicant's project. Said fees shall be submitted by voucher and 3 paid as approved by the Supervisor and Comptroller. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the approving agency shall suspend its review of the application. No resolution of subdivision plat or site development plan approval shall be endorsed until all professional review fees charged in connection with the review of the project have been reimbursed to the Town. (4) Post -approval construction reviews and construction inspections. No building permit shall be issued unless all professional review fees charged in connection with the review of the applicant's project have been reimbursed to the Town and a new escrow account has been established to cover all post - approval construction review and construction inspection costs, including but not limited to, inspection of construction of roads and driveways. Upon filing an application for a building permit, the applicant shall deposit with the Town Controller, via certified check, a sum of money in accordance with Chapter 122, Article IV, § 122-16N. The Controller shall pay from these funds the fees charged by any professionals employed by the Town with respect to the post -approval review and/or inspection of the applicant's project. Said fees shall be submitted by voucher and paid as approved by the Supervisor and Comptroller. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the Town may issue a stop -work order. No certificate of occupancy shall be issued unless the post -approval construction review and construction inspection escrow account is current with the fees listed in § 122-16.N(7)(e) or (f), as applicable, of this code. 4. Section 240-110.A(3) of Chapter 240, Zoning, shall be amended to read as follows. (Sections 240-110.A(1) and (2) shall remain intact.) (3) Escrow account procedures. (a) At the time of the submission of any application and prior to its review by the Town Board, the Planning Board, the Zoning Board of Appeals or the Building Inspector, the approving agency or agent shall require the establishment of an escrow amount, from which withdrawals shall be made to reimburse the Town for the cost of professional review services. The applicant shall then provide funds to the Town for deposit into such account in an amount as set forth in Chapter 122, Article IV, § 122-16N(7) of the Code. It is the intent of these regulations to ensure that the applicant always has on deposit with the. Town of Wappinger an adequate amount of funds to M ensure that the Town will never subsidize applicant review costs at any time. The applicant shall be provided with copies of the Town vouchers for such services as they are submitted to the Town. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the approving agency shall suspend its review of the application. Also see Chapter 240 Attachment 6:1. (b) In the event that a positive declaration is made in accordance with the New York State Environmental Quality Review Act (SEQRA), all subsequent professional review fees that are necessary for the preparation or review of an EIS shall be reimbursed to the Town in accordance with the procedures established under SEQRA. The applicant shall maintain the basic escrow account for the continued review of the application that is not directly related to the preparation or review of an EIS. The Town may require the applicant to establish a separate escrow account for the professional review costs necessary for the preparation or review of an EIS. All deposits, reimbursements and refunds shall be made in accordance with § 240- 110A(3)(a). Section 4. Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. k, Section 6. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. n Regular Meeting Minutes January 8, 2007 RESOLUTION: 2007-31 Resolution Establishing Salary for Water and Sewer Data Entry Operator WHEREAS, the Town Board of the Town of Wappinger adopted Resolution 2007-9 at the January 2nd, 2007 Reorganization Meeting establishing the salaries for all full-time Town Hall employees, and WHEREAS, Water and Sewer Data Entry Operator Debra Brown was omitted in Resolution 2007-9, and WHEREAS, Debra Brown has an anniversary date of January 1St, and shall receive a salary for 2007 as follows: Salary as of Ann. Date 2006 Salary as of Ann. Date 2007 $37,822 $38,956 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. Debra Brown, Water and Sewer Data Entry Operator shall receive a salary of $38,956 retroactive to January 1St, 2007. The foregoing was put to a vote which resulted as follows: ✓ vote Record • Resolution RES -2007-31 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, William Beale ABSENT: Maureen McCarthy Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 08th, 2007 The Resolution is hereby duly declared adopted. 5. Motion To: amend Resolution 2007-32 to include Chelsea Road RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, William Beale ABSENT: Maureen McCarthy RESOLUTION: 2007-32 Resolution of Support for Speed Limit Study on River Road North and Chelsea Road in the Town of Wappinger WHEREAS, there is a large volume of traffic on River Road North and Chelsea Road, and WHEREAS, Town of Wappinger resident Wendy Smart, in a letter to the Town of Wappinger as attached, has expressed concerns about the excessive speeding which occurs on River Road North, and WHEREAS, Wendy Smart has requested that the speed limit be reduced from 40 miles per hour to 30 miles per hour, and WHEREAS, the New York State Department of Transportation sets the speed limits within 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 of the Town of Wappinger hereby requests that the New York State Department of Transportation conduct a study of the speed on River Road North and Chelsea Road and requests that a feasibility study be conducted to have the speed limit reduced to 30 miles per hour. Town of Wappinger Page II Printed 1/17/2007 Regular Meeting Minutes January 8, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-32 ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman 0 Adopted Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, William Beale ABSENT: Yes/Aye No/Nay Abstain Absent ❑ Adopted Amended Joseph Ruggiero Voter 0 ❑ ❑ ❑ as William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 08th, 2007 The Resolution is hereby duly declared adopted. 7. Motion To: amend Resolution 2007-33 to replace November 13th, 2006 with December 11th, 2006 RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, William Beale ABSENT: Maureen McCarthy RESOLUTION: 2007-33 Resolution Authorizing Amendment of the Name of "Wappinger Consolidated Water District" to "United Wappinger Water District" and Accepting the First Map, Plan and Report for the United Wappinger Water District WHEREAS, pursuant to the laws of 2006, Chapter 718, various water districts and/or water improvements located within the Town of Wappinger were consolidated to establish one water district; and WHEREAS, said legislation identified the consolidated water district to be known as the "Wappinger Consolidated Water District"; and WHEREAS, the Town Board desired to change the name to "United Wappinger Water District"; and WHEREAS, Paggi, Martin & DelBene, LLP, Consulting Engineers and Land Surveyors, have prepared a Map, Plan and Report entitled "Increase and Improvement of Facilities: Water Main Extension, formerly for the North Wappinger Water District, now part of the United Wappinger Water District' originally dated January 5th, 2005, and last revised December 11th, 2006, copies of which have been filed with the Town Board and the Town Clerk; and WHEREAS, the Map, Plan and Report outlines a proposed extension of a water main to serve several residences as well as a Town owned sewer plant, all as particularly set forth in the aforementioned Map, Plan and Report; and WHEREAS, the Town Board wishes to adopt the statements and findings contained in said Map, Plan and Report and commence the work proposed therein. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes and changes the name of "Wappinger Consolidated Water District' to the name of "United Wappinger Water District' effective immediately. 3. The Town Board hereby accepts the Map, Plan and Report entitled "Increase and Improvement of Facilities: Water Main Extension, formerly for the North Wappinger Water District now part of the United Wappinger Water District' dated January 5th, 2005 and amended December 1 lth, 2006, prepared by Paggi, Martin & DelBene, LLP, and directs that the same be placed on file in the office of the Town Clerk. 4. The Town Board further authorizes Bond Counsel to prepare the necessary bond resolutions to fund the cost of the improvements set forth in the aforementioned Map, Plan and Report. 5. The Town Board also directs the Engineers to the Town, Paggi, Martin & DelBene, LLP to prepare plans and specifications for the construction of the improvements Town of Wappinger Page 12 Printed 1/17/2007 Regular Meeting Minutes January 8, 2007 proposed in the Map, Plan and Report and to advertise the construction for bid as required by law. The foregoing was put to a vote which resulted as follows: ✓Vote Record - Resolution RES -2007-33 Yes/Aye No/Nay Abstain Absent 0 Adopted - Joseph Ruggiero Voter El ❑ ❑ ❑ El Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 08th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-34 Resolution Designating a Representative and Alternate to the Association of Towns WHEREAS, at the Town of Wappinger reorganization meeting held on January 2nd, 2007, the Town Board of the Town of Wappinger authorized the members of the Town Board, Planning and Zoning Boards and the Town Justices to attend the New York State Association of Towns, BE IT RESOLVED, that William H. Beale is hereby designated as the representative, and Vincent Bettina is hereby designated as the alternate to the Association of Towns Annual meeting. BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Wappinger is also authorized to attend the Association of Towns. The foregoing was put to a vote which resulted as follows: ✓ Vote Record— Resolution RES -2007-34 Yes/Aye No/Nay Abstain Absent 0 Adopted - Joseph Ruggiero Initiator El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 08th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-35 Resolution Amending the Anniversary Date of Danielle Lent WHEREAS, Danielle Lent has been a long standing employee in the Town of Wappinger as a Clerk in the Town of Wappinger Court, and WHEREAS, Judges Wolfson and Kitchen have appointed Danielle Lent to the position of Clerk to the Justice, a position vacated by the retirement of Yvonne Lawrence, and WHEREAS, Danielle Lent received a promotion to the position of Clerk to the Justice effective January 1St, 2007, and WHEREAS, prior to her promotion, the anniversary date for Danielle Lent was April 23rd NOW, THEREFORE, BE IT RESOVED as follows: 1) The anniversary date for Danielle Lent is hereby adjusted to January 1St, 2007, and she is to receive a salary of $27,000 retroactive to January 1St Town of Wappinger Page 13 Printed 1/1712007 Regular Meeting Minutes January 8, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-35 r D Adopted _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended 7h Ruggiero __ Voter 0 _ _. ❑ ❑ ❑ ❑ Defeated William Beale Seconder m ❑_ ❑ ❑ ❑ Tabled Vincent Bettina Initiator _ .._ m ❑ _ ❑ _ ._.._ _ w . ❑ Wihdrawn Maureen McCarth. . —V_o_te_r❑ ❑ __. --E -- Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York January 08th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-36 Resolution Authorizing the Association of Towns Proposed Legislative Resolutions for 2007 WHEREAS, the New York State Association of Towns has submitted fourteen resolutions for consideration by the Town of Wappinger Town Board, and WHEREAS, the following resolutions attached are for consideration by the Town Board: Resolution No. 1 - Litigation Expenses Court of Claims and Collateral Source Legislation Resolution No. 2 - Mandate Relief Resolution No. 3 - GML 207-c Disability Benefits for Law Enforcement Resolution No. 4 - Preserve Local Control over Active and Retiree Health Insurance Benefits Resolution No. 5 - Reform Real Property Tax Exemptions Resolution No. 6 - Reform Condominium Assessments Resolution No. 7 - Special Franchise Assessment Litigation Charge -Backs Resolution No. 8 - School Funding Reform Resolution No. 9 - Efficient Highway Administration Resolution No. 10 - Speed Limits on Town Roads Resolution No. 11 - ATV Use of Town Roads Resolution No. 12 - Pension Relief Resolution No. 13 - Resolution Publication of Legal Notices Resolution No. 14 - Increase in Justice Court Funding NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1) The Town Board of the Town of Wappinger hereby supports the following resolutions set forth by the New York State Association of Towns: Resolution No. 1 - Litigation Expenses Court of Claims and Collateral Source Legislation Resolution No. 2 - Mandate Relief Resolution No. 3 - GML 207-c Disability Benefits for Law Enforcement Resolution No. 4 - Preserve Local Control over Active and Retiree Health Insurance Benefits Resolution No. 5 - Reform Real Property Tax Exemptions Resolution No. 6 - Reform Condominium Assessments Resolution No. 7 - Special Franchise Assessment Litigation Charge -Backs Resolution No. 8 - School Funding Reform Resolution No. 9 - Efficient Highway Administration Resolution No. 10 - Speed Limits on Town Roads Resolution No. 11 - ATV Use of Town Roads Resolution No. 12 - Pension Relief Resolution No. 13 - Resolution Publication of Legal Notices Resolution No. 14 - Increase in Justice Court Funding Town of Wappinger Page 14 Printed 1/17/1007 Regular Meeting Minutes January 8, 2007 LlIP 1. The foregoing was put to a vote which resulted as follows: Vote Record= Resolution RES -2007-36 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, William Beale Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ 11 0 ❑ Withdrawn Joseph Paoloni Initiator El ❑ ❑ ❑ Dated: Wappingers Falls, New York January 08th, 2007 The Resolution is hereby duly declared adopted. New Business/Comments Councilman Beale New Business Councilman Beale mentioned communications sent by the Justice Court regarding mold. Supervisor Ruggiero commented that he spoke to the Court already. He has been in contact with QuES&T, and they informed him that it is typical household mold and dust. Councilman Beale also asked to pass on information for the Wappingers Falls Civic Association. The Association would be hosting a presentation on FOIL and Open Meeting Law by Robert Freeman, the Executive Director of the New York State Committee on Open Government, at 7:00 PM on Thursday, at the American Legion. 2. Councilman Bettina New Business Councilman Bettina thanked the Supervisor and rest of the Town Board for deciding to approve the attendance of Town officials at the Association of Towns Conference. 3. Councilman Paoloni New Business Councilman Paoloni asked what the status of the Chelsea Yacht Club issue was. He asked if there could be something on the agenda for the meeting on Monday, January 22nd. Al Roberts, Attorney to the Town, asked that he be able to meet with the Chelsea Yacht Club committee. Supervisor Ruggiero asked that Councilman Paoloni, as chairman of the committee, call a meeting of the committee. VIII. Adjournment 1. Motion To: adjourn at 9:35 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, William Beale ABSENT: Maureen McCarthy The Meeting Adjourned at 9:35 PM. J n c.(Masterson Town Clerk Town of Wappinger Page 15 Printed 1/17/2007