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2007-03-12 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 March 12th, 2007 7:30 PM Amended Agenda — SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:30 PM Meeting called to order on March 12th, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Minutes Approval 1. Monday, February 12th, 2007 III. Public Portion IV. Public Hearings 1. Resolution Introducing Local Law No. of the Year 2007, Amending Various Subsections of Town Code §122-16, Establishing Certain Building Fees 2. Resolution Calling a Public Hearing on the Increase and Improvement of the Facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York V. Discussions A. Recycle Center Permits — Wallace Wireless B. Community Preservation Fund — Emmitt Pepper C. Cable Franchise Agreement — Jim Horan D. Carnwath Farms Update — Don Swartz VI. Resolutions 2007-61. Resolution Authorizing Bids for the New Hackensack Road Water Main Extension Tabled 2/26/2007 8:30 PM 2007-66. Resolution Adopting Local Law No of the Year 2007, Amending Various Subsections of Town Code §122-16 to Amend Certain Permit Fees 2007-67. Resolution Setting Public Hearing on Cable Franchise Renewal Agreement between the Town of Wappinger and Cablevision of Wappingers Falls, Inc 2007-68. Resolution Authorizing the Execution of the Agreement between the Town of Wappinger and the Town of Wappinger Little League Association 2007-69. Public Interest Order in the Matter of the Increase and Improvement of Facilities of United Wappinger Water District in the Town of Wappinger, Dutchess County, New York 2007-70. Resolution Introducing Local Law No of the Year 2007, Creating Chapter 227 of the Town Code; Towing VII. Unanimous Consent 2007-71. A Resolution Authorizing the Issuance of $335,000 Serial Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Increase and Improvement of the Facilities of United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York. VIII. New Business/Comments IX. Adjournment Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson (845) 297-5771 Monday, March 12th, 2007 7:30 PM Town Hall Call to Order Attend0eNaiie ` . Shit . Arrived Joseph Ruggiero Town of Wappinger Supervisor Absent William Beale 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 m Others in attendance: Jay Paggi - Engineer to the Town Al Roberts - Attorney to the Town Graham Foster - Town Highway Superintendent Jean Gallucci - Town Comptroller George Kolb - Code Enforcement Officer Councilman Paoloni stated for the record that Supervisor Ruggiero would not be in attendance as he is sick. Minutes Approval 1. Monday, February 12th, 2007 2. Motion To: accept the Minutes for February 12th, 2007, and place them on file RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph. Paoloni ABSENT: Joseph Ruggiero Public Portion Public Comment on the agenda items Councilman Paoloni opened the floor for public comment on the agenda items. Mr. George Silvestri, of 87 Old Hopewell Road, asked to address the Board. He asked how the Town could make an assessment of a house just by taking a picture of it. This item was not on the agenda, but Councilman Paoloni explained the situation to the resident and advised him to contact the Assessor's Office. Mr. Silvestri replied that he has tried that, but they asked him to call a "1-800" phone number. He called that number several times and there was no answer. Discussion followed. Concetta Olivieri, of 207 Old Hopewell Road, commented next. She asked if the reassessment includes the Village of Wappingers Falls. Councilman Paoloni and Councilman Beale replied that it did. Mrs. Olivieri then commented that she did call the MJW "1-800" phone number. She went on to say that she left a message and was told that they had 72 hours to respond. It was past 72 hours since leaving that message. Councilman Paoloni recommended calling Loretta Brunello at the Town Assessor's Office. Mrs. Olivieri pointed out that Ms. Brunello is not in charge there and cannot answer her questions. Councilman Paoloni replied that he thinks Ms. Brunello would be able to answer any question that Mr. Harkins would be able to answer. Discussion followed. Mrs. Olivieri then asked about Grievance Day. She received a letter explaining Grievance Day, but she couldn't understand it. Councilman Paoloni explained the Grievance Day and cut-off dates associated with it. Town of Wappinger Page I Printed 3/22/2007 Regular Meeting Minutes March 12, 2007 IV. Public Hearings Resolution Introducing Local Law No of the Year 2007, Amending Various Subsections of Town Code §122-16, Establishing Certain Building Fees Councilman Paoloni opened the Public Hearing at 7:43 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). Councilman Paoloni asked for comments from the public. Mrs. Concetta Olivieri, of 207 Old Hopewell Road, asked why the changes were not listed. Al Roberts, Attorney to the Town, explained to Mrs. Olivieri that the changes were clearly listed in the Public Hearing Notice that was published and posted. He then read the changes in the Building Fees, item by item. Councilman Paoloni asked if there were any other questions. There were none. Councilman Bettina made a motion to close the Public Hearing at 7:45 PM. Councilwoman McCarthy seconded the motion and it passed unanimously. RESULT CLOSED [UNANIMOUS] MOVER:Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni ABSENT: Joseph Ruggiero C Town of Wappinger Page 2 Printed 3/22/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMENDING VARIOUS SUBSECTIONS OF TOWN CODE §122-16, ESTABLISHING CERTAIN BUILDING FEES 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 February 19th, 2007, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law establishing the salary of the Superintendent of Highways for the calendar year 2007 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. Qwx&er" Pohn C.tMasterson Town Clerk Town of Wappinger Sworn to before me the 13th day f March,2T7,t7� 190TARY PUBLIC BARBARA L. ROBER rl - Notary Public, State of New York Reg. No. 01 R06130344 Dutchess County My. Commission Expires July 18, 2009 r, Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie RECEIVED MAR - 2007 TOWN CLERK Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she =pd still is the Principle Cler} of the.Poughkeeps le Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper printed and published every day in the year 2007 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one inseW successively, in each week, commencing on the 22nd. day of Feb. in the year of 2007 and on the following dates thereafter, namely on: id ending on the day of in e year of 2007 ,both days inclusive. A Subs?fbed a s�n►orn to before me this day T_j SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FAL.L_S, NY 12590 ink -F-F i ciaW i t of F>ub 1 I cat i c n To. WAPPINGERS FALI._S , TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal. notice #76410 c.,t-ate of NEW YORK } I SS County of DUTCHESS ) I, TTNA HEATH, being duly sworn, depose and say" that. I am the PUBLISHER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS 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 Dutchess News once on 02/21./07. cy"", I z zA Sworn to before me this 21st day of February, 2007 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County My c:ommi.ssion expires on June 15, 2007 RECEIVED MAR- " 2007 TOWN CLERK Regular Meeting Minutes March 12, 2007 Resolution Calling a Public Hearing on the Increase and Improvement of the Facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York Councilman Paoloni opened the Public Hearing at 7:45 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). Councilman Paoloni asked if there were any comments from the public. There were none. Councilwoman McCarthy made a motion to close the Public Hearing at 7:46 PM. Councilman Bettina seconded the motion and it passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER:: Vincent Bettina,Councilman AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni ABSENT: Joseph Ruggiero Town of Wappinger Page 3 Printed 3/22/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF [;N2:3 1 INNOWN POSTING NOTICE OF PUBLIC HEARING FOR THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE UNITED WAPPINGER WATER DISTRICT, IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK 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 February 19th, 2007, your deponent posted a copy of the attached Notice of Public Hearing for the Increase and Improvement of the Facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, 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. 4ohn-6.4vlasterson Town Clerk Town of Wappinger Sworn to before me the 13th ' — 11' 11 —11 —0, d I a 1101�--111 NO OARBARA L. ROBERTI `NoI<j! Public,. State of New York Fleg. No.01RO6130344 Dutchess County My Corttfihimlon Expires July 18, 2009 SOUTHERN nUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 A -F -F 3 dam z t C> -F Pub 1. �.at 3 r> n To: WAPPINGERS FALLS. TOWN P.O. BOX :324 WAPPINGERS FALLS, NY 12590 Re: L_e9a l notice #76445 State of NEW YORK ) ) SS. County of DUTCHESS } I, TINA HEATH, beim duly sworn, depose and say; that. I am the PUBLISHER of Southern Dutchess News, a weekly newspaper of general circulation Published in WAPPINGERS FALLS, County of DUTCHESS , State of NEW YORK; and that. a notice, of which t.he: annexed is a pi-inted copy, was dUly published in Souther -n Dut.chess News once on 02/28/07. Sworn to before me this 28th day of February, 2007 ALBERT M OSTEN Notary Public, State of NEW YORK No, .14-8240760 Qualified in DUCHESS County My commission expires on lune 15, 2007 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION MAUREEN CIESLUK NOTARY PUBLIC, IEW YORK 01 CI5096495 QUAIIIN RESCHESS OCTOB�NTY200 COMMISSION 11 RECEIVED State of New York County of Dutchess MAR - 2 2007 City of Poughkeepsie TOWN CLERK Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still i t „x. , pe.eirinctpl"Jerk otttae,,RGughkeeps ie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper printed and published every day in the year 2007 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one inse weeks successively, in each week, commencing on the 28th day of Feb.. in the'year of 2007 and on the following dates thereafter, namely o and ending on the day of in the year of 2007 ,both days inclusive. IdX - 40-111 Sz;� nd orn to before me this day f in the year of 2007 My commission expires Regular Meeting Minutes March 12, 2007 V. Discussions A. Recycle Center Permits - Wallace Wireless Councilman Paoloni opened the discussion at 7:46 PM. David Lee, a representative of Wallace Wireless, was standing by to be patched in to give a presentation, via the internet and phone intercom, regarding the Recycle Center. Town Clerk Chris Masterson had a projector linked to his laptop computer, which was also connected to the network. Mr. Lee then used the Town Clerk's laptop to demonstrate how his software and equipment could be used to monitor access to the Town Recycle Center. Councilwoman McCarthy asked about including a photo in the resident's data file. She wanted to know how it would affect having a relative dump trash for her, such as her son. Mr. Lee answered. Councilman Paoloni asked if this system would be able to track how often a resident was using the site. Mr. Lee replied that it could. Councilman Bettina asked how much the program would cost. Mr. Lee answered that it would cost about $5200 to start up and $365 per year for annual support. Councilman Bettina asked Mr. Lee if the town was going to register all the cars of the property owners and renters in the town. Mr. Lee explained that it didn't have to be the car that gets registered. The program is customizable so that the Town could use whatever criteria it wanted to search for records and grant access to the site. Councilman Bettina commented that there are a lot of residents that want their privacy protected and do not want to give information such as phone numbers and addresses. He went on to say that the Town should respect that to some extent. Mr. Lee described the level of security provided in this program. Lisa Molitoris, of 20 Circle Drive, commented that this process would take too long at the gate and would cause backups. Councilman Bettina explained to the resident that the information would already be in the system and the Recycle Center staff would just be scanning. Councilman Paoloni then closed the discussion at 8:01 PM. B. Community Preservation Fund - Emmitt Pepper Councilman Paoloni opened the discussion at 8:01 PM. Mr. Pepper was not in attendance. Councilman Paoloni closed the discussion at 8:02 PM. C. Cable Franchise Agreement - Jim Horan Councilman Paoloni opened the discussion at 8:02 PM. Jim Horan, an attorney from Vergilis, Stenger, Roberts & Davis, LLP., was present to discuss the Cablevision Franchise Agreement. The renewal of the Agreement has been in progress for seven years. One of the reasons that it is taking so long is that the New York State Public Service Commission changed the rules regarding Cable Franchise Agreements. At that time, the proposed agreement was redrafted. Since then there has been several rounds of negotiations. The items that are subject to negotiation are very limited by the Federal Communication Commission and by the New York State Public Service Commission. The Town is renegotiating in conjunction with the New York State Public Service Commission. Any agreement that is entered into is subject to approval by that Commission. For that reason, many of the provisions are standard conditions in Cablevision's agreements with various municipalities. According to the guidelines of the Public Service Commission and the Federal Communication Commission, the Town is obligated to maintain a level playing field. Therefore, the Cablevision agreement is not an exclusive agreement. The terms of this agreement would be basically the same for Verizon for example. The Federal government has set the maximum amount for franchise fees to be 5%. That is the rate that Cablevision would be paying according to the terms of this agreement. It is 5% of the amount of revenue that Cablevision generates by providing cable services. Revenue generated from cable modem service and cable phone services are not applicable. Councilwoman McCarthy asked how many franchise agreements a municipality could enter into. Mr. Horan replied that it could enter into as many as there are service providers that want to come into the Town. Councilwoman McCarthy asked if it would then be up to the Town to enter into an agreement with them. Mr. Horan again stated that the Town has to maintain a fair playing field. He went on to explain the elements of the agreement which are set by the governing agencies and those that are negotiable. Discussion followed. Councilman Bettina introduced Mr. Roger Connor, director of government relations at Cablevision. He explained that, hypothetically, if there were two service providers in the Town, and both were paying 5% franchise fees, it would break even. He corrected himself, pointing out that there will actually be some minor loss. A new operator isn't going to have the same buildup of business that Cablevision has built up over the years while operating within the area. Councilman Beale added that he thinks a benefit of this agreement is having a government access channel. He mentioned a channel that a neighboring municipality had set up that he was impressed with. He then asked Mr. Connor if Wappinger would have something similar. Mr. Connor replied that there would be a Town of Wappinger channel that would originate from the Town hall and be sent to Cablevision. It would then be broadcast out to the Town residents. Town of Wappinger Page 4 Printed 3/22/2007 i� Regular Meeting Minutes March 12, 2007 Councilman Beale asked if it would be broadcast to the Village residents as well. Mr. Connor answered that it would be broadcast to the Village residents that live on the Town of Wappinger side. Councilman Beale asked about the Wappinger Central School District public access channel. He asked if this was a separate channel or part of the government channel. Mr. Connor replied that it is an education and government channel, but the control of the programming lies with the municipality. It would be possible to broadcast from the school administration building back to Cablevision. Discussion followed. Councilman Paoloni asked if there were any other questions or comments. There were none. He then closed the discussion at 8:21 PM. D. Carnwath Farms Update - Don Swartz Councilman Paoloni opened the discussion at 8:21 PM. Don Swartz, of The Swartz Architectural Group, was on hand to bring the Board up to date on the work being done at Carnwath Farms. Mr. Swartz used a PowerPoint presentation to help illustrate the work that has been done and the current conditions of the Mansion. Pat Conlon, of The Di Salvo Ericson Group, took over to discuss the conditions of the Carriage House. He also used PowerPoint to show the conditions of the structure. Councilman Bettina asked what the costs of the repairs are from the time of acquisition to present. He wanted to have those figures no later than the next meeting. Councilman Bettina then asked how much has been spent on the emergency work that the Board authorized. Jay Paggi, Engineer to the Town, responded by listing the entire breakdown of costs. The total cost of work up to and including Friday, March 9th, 2007, is $289,700. Councilman Beale asked what the status of the Carriage House costs. Mr. Paggi listed the breakdown of the costs and replied that the cost of the work to date is $41,300. Discussion followed. Councilman Paoloni closed the discussion at 8:38PM. VI. Resolutions RESOLUTION: 2007-66 Resolution Adopting Local Law No. 5 of the Year 2007, Amending Various Subsections of Town Code §122-16 to Amend Certain Permit Fees 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 Various Subsections of Town Code §122-16 to Increase Certain Permit Fees"; 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 March 12th, 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.5 of the Year 2007 entitled "Local Law No. 5 of the Year 2007, Amending Various Subsections of Town Code §122-16 to Increase Certain Permit Fees", 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 in 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. Town of Wappinger Page 5 Printed 3/22/2007 Regular Meeting Minutes March 12, 2007 The foregoing was put to a vote which resulted as follows: Dated: Wappingers Falls, New York March 12th, 2007 The Resolution is hereby duly declared adopted. T, Town of Wappinger Page 6 Printed 3/22/2007 �Itl�illl' Yes/Aye ; No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ Dabled d Vincent Bettina . . Seconder 0 ❑ 1 ❑ ❑ ❑ Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn ., Joseph Paoloni Voter 0 ❑ I ❑ ❑ Dated: Wappingers Falls, New York March 12th, 2007 The Resolution is hereby duly declared adopted. T, Town of Wappinger Page 6 Printed 3/22/2007 LOCAL LAW NO.5 OF THE YEAR 2007 A Local Law entitled "Local Law No. 5 of the Year 2007, Amending Various Subsections of Town Code §122-16 to Increase Certain Permit Fees." 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. 5 of the Year 2007, Amending Various Subsections of Town Code §122-16 to Increase Certain Permit Fees", which shall amend the various fee sections of the Town Code as set forth in § 122- 16 as set forth below. Section II: Legislative Intent: The Director of Code Enforcement has reviewed the records of the building department in order to determine the actual time spent to administer various permits and conduct inspections as required by the Town Code. Based on his review of the amount of time expended for the particular tasks, the Director of Code Enforcement has determined that certain fees presently charged for permits and inspections do not adequately compensate the Town of Wappinger for the time and expense involved and that an increase of the fees charged is necessary. Based upon the study and recommendation of the Director of Code Enforcement, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to amend the Town's Fees Schedule found at §122-16 of the Town Code in order to increase certain permit fees and inspection fees. Section III: Amendments: The following sub -sections of §122-16 are amended to read as follows: § 122-16 K (2) - "§214-18, driveway permit fee: $100.00." CADocuments and Settings\Chris Masterson\Desktop\Sandra - Al Roberts emailsTermit Fees\LL.doc §122-16N(6)(a)[1][a][i] — "One and Two Family Homes and Modular Dwellings: $ 0.60 per square foot of living space." §122-16N(6)(a)[2][a][i] —'Tor Use and Occupancy Classifications A, E, F, H, I, R-3 and R-4, the fee is $ 1.20 per square foot up to and including 5,000 square feet; plus $ 0.60 per square foot over 5,000 square feet." §122-16N(6)(a)[2][a][ii] —'Tor Use and Occupancy Classifications B and M, the fee is $ 1.00 per square foot up to and including 5,000 square feet; plus $0.50 per square foot over 5,000 square feet." §122-16N(6)(a)[2][a][iii] — "For Use and Occupancy Classifications S and U, the fee is $ 0.50 per square foot up to and including 5,000 square feet; plus $0.25 per square foot over 5,000 square feet." §122-16N(6)(e)[3] — "Blectrical upgrades (includes change of electrical service, any extensions of electric facilities, adding new outlets/switches/fixtures): $ 25.00." §122-16N(6)(e)[4] — "Tent (temporary permit for outdoor sales on commercial site): $ 100.00." Section IV: Sevarability: 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, 0) 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 V: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. 3 Regular Meeting Minutes March 12, 2007 RESOLUTION: 2007-67 Resolution Setting Public Hearing on Cable Franchise Renewal Agreement between the Town of Wappinger and Cablevision of Wappingers Falls, Inc WHEREAS, the Town of Wappinrr entered into a franchise agreement with US Cablevision Corporation dated October 13t , 1993, whereby the Town of Wappinger granted US Cablevision Corporation a non-exclusive franchise to construct, own and operate a cable television system within the Town of Wappinger, which expired on October 13th, 2003; and WHEREAS, Cablevision of Wappingers Falls, Inc. acquired certain assets from AT&T Corp. as successor in interest to US Cablevision Corporation including the cable television system in the Town of Wappinger on January 3rd, 2001; and WHEREAS, Cablevision of Wappingers Falls, Inc. submitted a proposed franchise renewal agreement to operate a cable television system within the Town of Wappinger, a copy of which is attached hereto as Exhibit "1 "; and WHEREAS, prior to entering into a renewal of the cable franchise agreement, the Town Board is required to conduct a Public Hearing thereon; and WHEREAS, the Town Board determines that the renewal of the cable franchise agreement is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). 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 schedules a Public Hearing on the franchise renewal agreement with Cablevision of Wappingers Falls, Inc. to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9th day of April, 2007 at 7:30 p.m., and the Town Clerk is directed to post the Notice of Public Hearing in the form annexed hereto and to publish same in the. Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: staid Resoliitlon 0=20Q7�67 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter ❑ 1 ❑ 11 011 ❑ Adopted as Amended William Beale Voter ® ❑ 11 13❑ ❑ Defeated Tabled Vincent Bettina ___.. _ _ Initiator 0 _.. _._._._ ❑ . __�_ ❑ ❑ ❑ Withdrawn Maureen McCarthy ^ Voter 0 ___ [1 ❑ _ ❑ Joseph Paoloni Seconder ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-68 Resolution Authorizing the Execution of the Agreement between the Town of Wappinger and the Town of Wappinger Little League Association WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Town of Wappinger Little League Association provide softball and baseball activities for the boys and girls of the community in accordance with the proposed Agreement between the Town of Wappinger and Town of Wappinger Little League Association; and WHEREAS, the Town has fully complied with its procurement policy with respect to its Ten Thousand Dollar ($10,000.00) agreement between the parties and further finds that pursuant to Town Code §46-3 (b) (3), the agreement between the parties shall be exempt from the Town's procurement policy and may be properly classified as one of the "sole source situations". 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 agrees to enter into a written Agreement for Ten Thousand Dollars ($10,000.00) between the Town of Wappinger and Town of Wappinger Little League Association which will provide softball and baseball activities for the boys and girls of the Town of Wappinger for the 2007 baseball season. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of the Town the Agreement between the Town of Wappinger and Town of Wappinger Little Town of Wappinger Page 7 Printed 3/22/2007 Regular Meeting Minutes March 12, 2007 League Association in substantially the same form as attached hereto, including the attached Rider to Agreement, copies of which are affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ vote Record - Resolatioa M-2001-68 No/Nay Abstain Absent 0 AdoptedYes/Aye Joseph Ruggiero Voter ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator ® ; ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ® ❑ ❑ ❑ ❑ W thdrawn _ Maureen McCarthy - Seconder —. ® - F ❑ ❑ ❑ - Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-69 Public Interest Order in the Matter of the Increase and Improvement of Facilities of United Wappinger Water District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, consisting of the construction of a water main extension along New Hackensack Road, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $335,000 and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant effect on the environment; and WHEREAS, at a meeting of said Town Board duly called and held on February 26th, 2007, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of United Wappinger Water District in said Town at a maximum estimated cost of $335,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Wappingers Falls, New York, in said Town, on March 12th, 2007, at 7:30 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, and adjourned as hereinabove described, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, consisting of the construction of a water main extension along New Hackensack Road, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $335,000. Section 2. This Order shall take effect immediately. Town of Wappinger Page 8 Printed 3/22/2007 Regular Meeting Minutes March 12, 2007 The foregoing was put to a vote which resulted as follows: a� Vd ktM - Aesotutioe $ES»2007-69 ' a Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ® 1❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-70 Resolution Introducing Local Law No of the Year 2007, Creating Chapter 227 of the Town Code, Towing WHEREAS, it is of vital importance to the public traveling within the Town of Wappinger that disabled vehicles be removed from the highways as promptly as possible; that delay in removal of disabled vehicles unnecessarily retards the movement of traffic, impedes the access of emergency vehicles within the Town, and causes accidents; and WHEREAS, it has been a practice of some tow truck operators to monitor police radio transmissions to learn of accidents and then to race to accident sites with the intent of securing the towing and repair work. In so doing, speed limits and other traffic regulations are often violated, posing a substantial threat to life and property within the Town; and WHEREAS, the appearance of multiple tow trucks at the scene of an accident, disrupts traffic, hampers the efforts of rescue personnel at the scene and impedes accident investigation by the police; and WHEREAS, the Town Board has determined that the most effective way to curb the current deleterious practices of towers is to authorize only such towing operators as actually necessary to respond to an accident and to have tow trucks called from a Rotational Tow List for the Town of Wappinger; so that police agencies within the Town will summon an authorized towing company to respond to the scene of an accident from such list, when an owner or operator of a vehicle has not made arrangements for removal of the disabled vehicle; and WHEREAS, it is necessary to prohibit tow truck operators from soliciting at the accident scene and to prohibit unauthorized tow trucks from approaching within five hundred feet of the accident; and WHEREAS, the provisions of this Local Law shall not apply to vehicles having a gross vehicle weight in excess of fifteen thousand pounds; and WHEREAS, the Town Board has determined that it is further necessary to amend Section 122-20 B of the Town of Wappinger Code to reflect an updated fine schedule associated with the adoption of Chapter 227; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to adopt a Local Law to address these issues of concern; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR part 17. 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 introduces for adoption Local Law No.of the Year 2007 in the form annexed hereto. 3_ The Town Board hereby determines that the enactment of the aforesaid Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No.6 of 1992 or pursuant to 6 NYCRR part 17 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. of the Year 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the _ day of March, 2007 at 7:30 P.M. and that the Town Clerk be directed to post and publish the Notice of Public Hearing in the form annexed hereto. Town of Wappinger Page 9 Printed 3/22/2007 Regular Meeting Minutes March 12, 2007 The foregoing was put to a vote which resulted as follows: ✓ vote Record - Resolution, ��2007 70 ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: ❑ Adopted ABSENT: Joseph Ruggiero Yes/Aye No/Nay} Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ❑ # ❑ ❑ 11Defeated William Beale Voter ® ❑ ❑ ❑ ® Tabled Vincent Bettina Initiator ® ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ® ❑ 1 ❑ ❑ Next: Mar 26, 2007 7:30 PM Joseph Paoloni Seconder ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12th, 2007 The Resolution is hereby tabled. VII. Unanimous Consent 1. Motion To: add resolution 2007-71 by unanimous consent RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni ABSENT: Joseph Ruggiero RESOLUTION: 2007-71 A Resolution Authorizing the Issuance of $335,000 Serial Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Increase and Improvement of the Facilities of United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York. WHEREAS, the capital project hereinafter described has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined will not result in any significant environmental effects; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, at a maximum estimated cost of $335,000; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, consisting of the construction of a water main extension along New Hackensack Road, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $335,000, there are hereby authorized to be issued $335,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $335,000 serial bonds of said Town authorized to be issued therefore pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said United Wappinger Water District in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Town of Wappinger Page 10 Printed 3/22/2007 Regular Meeting Minutes March 12, 2007 Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation and/or the Rural Development, U.S. Department of Agriculture; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby further authorized, at his sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation and/or U.S. Department of Agriculture, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class of objects or purposes described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation or the U.S. Department of Agriculture. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspapers of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Town of Wappinger Page 11 Printed 3/22/2007 Regular Meeting Minutes March 12, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote, -Record- - Reaol016n X2407 -i1 ` m Extension; and WHEREAS, bid were received as follows: Thomas Gleason, Inc. $253,300.00 Nenni Equipment Co. Yes/Aye ; No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter ❑ ( ❑ ❑ 0 ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ Tabled efeated Vincent Bettina Seconder 0 ❑ i ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy „ Initiator 0 ❑ 11 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12th, 2007 VIII. Resolutions The Resolution is hereby duly declared adopted. RESOLUTION: 2007-61 Resolution Authorizing Bids for the New Hackensack Road Water Main Extension WHEREAS, bids were opened on February 20th, 2007, and reviewed by Denise Macio, Deputy Town Clerk of the Town of Wappinger for the New Hackensack Road Water Main Extension; and WHEREAS, bid were received as follows: Thomas Gleason, Inc. $253,300.00 Nenni Equipment Co. $354,925.00 Grant Street Construction, Inc. $439,439.00 HB Wiltse Excavating $446,999.00 Coyle Industries, Inc. $448,875.00 Jablonski Excavating $528,320.00 DBen Ciccone, Inc. $619,300.00 WHEREAS, Joseph Stankavage, of Paggi, Martin and DelBene, has provided an award recommendation to the Town Board ❑ Defeated NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Contract for the New Hackensack Road Water Main Extension is hereby awarded to Thomas Gleason, Inc. for an amount not to exceed Two Hundred Fifty- three Thousand, Three Hundred Dollars ($253,300.00) in accordance with the award recommendation letter dated February 21St, 2007, from Joseph Stankavage of Paggi, Martin and DelBene, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said contract on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ 'mote Record - Resolution RES -2007-61 Yes/Aye No/Nay Absent 0 Adopted Joseph Ruggiero _ Voter ❑ _Abstain ❑ ❑ 0 ❑ Adopted as Amended -� William Beale Voter 0 __ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 __❑ ❑ ❑ .. _ ❑_ ❑ Tabled Maureen McCarter Seconder 0 0�❑ ❑ ❑ Withdrawn Joseph Paoloni I Voter 0 ❑ ❑ - - � ❑ Dated: Wappingers Falls, New York March 12th, 2007 The Resolution is hereby duly declared adopted. IX. New Business/Comments 1. McCarthy New Business Councilwoman McCarthy asked for background information on the Red Barn Nursery. Residents have contacted Councilwoman McCarthy concerning whether the site plan for that property included rock salt distribution. Al Roberts, Attorney to the Town, recommended discussing this topic in executive session because there are legal implications. He commented Town of Wappinger Page 12 Printed 3/22/2007 Regular Meeting Minutes March 12, 2007 that MVK was the subject of considerable litigation but he was not aware that rock salt was an issue. Councilwoman McCarthy again asked if the site plan included the ability to distribute rock salt. Mr. Roberts replied that he would need more time to gather information. Councilwoman McCarthy agreed that it should be discussed in executive session, but she wanted information before the week is over so that she could have answers to pass on to the resident. Mr. Roberts commented that he was 99% sure that rock salt was never addressed in any of the prior proceedings. Councilwoman McCarthy asked what could be done if rock salt storage and distribution was not in the site plan and trucks were coming in at 4:00 and 5:00 in the morning to load up. George Kolb, Director of Code Enforcement, added that this was the first that he was hearing about it. 2. Bettina New Business Councilman Bettina asked Mr. Paggi, Engineer to the Town, what the status of the water line going to Chelsea Ridge is. Mr. Paggi replied that it was not in service at the moment. Councilman Bettina'added that he heard there was a problem with the design. Councilman Bettina then informed the Board that he has received numerous phone calls from residents of Chelsea regarding trailers down near the boat ramp. He stated that something needed to be done about the parking. He would like the issue to be looked into and he would like to meet with Recreation to discuss it. 3. Beale New Business Councilman Beale asked what the status of the interviews for various Board appointments was. Councilman Paoloni replied that they were trying to schedule those interviews. Councilman Bettina recommended meeting on a Saturday morning or a Monday night. Councilman Beale asked that the Town conduct the interviews before the end of the first quarter of the year. Discussion followed. Councilman Beale then asked the Town Attorney if he has looked into filing a complaint against Mobile Life for the incident that took place at Applebee's. Mr. Roberts and Mr. Horan replied that they do not have anything prepared at the moment. Councilman Beale then said that he will forward a set of e-mails to the Town Attorney that may help them when they do proceed with the complaint. 4. Michael A. Darcy Councilman Bettina introduced Mr. Michael A. Darcy, of 17 Ronsue Drive, and explained to the Board that Mr. Darcy has been making complaints to the Town regarding the religious facility on the corner of Ronsue Drive and Ketchamtown Road. Councilman Paoloni asked Mr. Darcy to explain the situation to the Board. Mr. Darcy explained that there were major parking problems every Saturday and/or Sunday caused by parishioners of the facility. Those people are using Ronsue Drive as overflow parking and consistently block Mr. Darcy's driveway. When it rains, the cars that park on the grass leave deep ruts on his lawn. Councilman Bettina asked George Kolb, Code Enforcement Officer, if someone from his department could look at the site plan to see if this facility is in compliance. Mark Liebermann, Fire Inspector, has been out to inspect the site and reports that the religious facility has not exceeded the occupancy limit. Mr. Kolb pointed out that residents are allowed to park on the street. Councilman Bettina asked if a letter could be sent to the religious facility asking that they use their designated parking area. Gina Basile, Confidential Secretary to the Supervisor, commented that representatives of the facility have stated that the major parking problems are three or four times a year on specific holidays. The parishioners have been asked to move their cars in the past and they have complied. Ms. Basile is in the process of writing a letter to Mr. Darcy to explain the situation to him. She went on to say that the Zoning Administrator has looked into the site plans and reported that there are no restrictions regarding parking. Mr. Darcy responded that the Chief of Hughsonville Fire Department, Glenn Kramer, was driving through the area last weekend. Mr. Kramer called Mr. Liebermann and asked him to come over to address the issue. The facility's parking lot, the fire hydrant and Mr. Darcy's driveway were all blocked. He disputed the fact that the problems are only on a few weekends per year. Mr. Darcy then approached the dais to provide photographs for the Board to look at. Councilman Beale added that fire trucks would not be able to drive through that area if there was an emergency. The cars are parked on both sides of the street leaving a path too narrow for such emergency vehicles. Councilman Paoloni asked who could decide to designate a street to be "no parking". Graham Foster, Highway Superintendent, and Jay Paggi, Engineer to the Town, both replied that the Town Board would make that designation. Councilwoman McCarthy recommended that this might be another area to designate "no parking". Discussion followed. Councilwoman McCarthy directed Mr. Kolb and Mr. Foster to take a look at the issue and make recommendations to the Board. Town of Wappinger Page 13 Printed 3/22/2007 Regular Meeting Minutes March 12, 2007 X. Adjournment 1. Motion To: adjourn at 9:08 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni ABSENT: Joseph Ruggiero The Meeting Adjourned at 9:08 PM. Q �, G _ J n C. kasterson Town Clerk Town of Wappinger Page 14 Printed 3/22/2007