Loading...
2007-05-14 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 May 14th, 2007 7:30 PM Agenda 7:30 PM Meeting called to order on May 14th, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Minutes Approval 1. Monday, April 09`h, 2007 2. Monday, April 23`d, 2007 III. Correspondence Log SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 2007-86. Resolution Authorizing the Acceptance of the Correspondence Log IV. Public Portion on Agenda Items V. Discussion A. Town Code Chapter 66: Ambulance Notification B. Tow Truck Local Law C. Amending the Code of the Town of Wappinger Based Upon Site Planning Roundtable Discussions (C.O.W.) — David Stolman D. Comprehensive Plan Schedule — David Stolman E. MS4 Stormwater Report — David Stolman, Joe Stankavage F. A.W. Scrap — George Kolb G. No Parking Sign for 97 Robinson Lane — Jay Paggi, Graham Foster H. Recreation Department Capital Plan Requirements I. Old Troy Road Traffic Report — Jay Paggi VI. Resolutions 2007-81. Resolution to Authorize Purchase Orders for the Town Recreation Department and for Supervisor to Sign the Contracts Tabled 4/9/2007 7:30 PM 2007-87. Resolution Authorizing Refund of Unused Escrow for 18 Adams Street for Driveway and Stabilization 2007-88. Resolution Authorizing Refund of Unused Escrow for Progressive Insurance 2007-89. Resolution to Authorize an Autistic Child Area Sign to be placed on 39 Widmer Road 2007-90. Resolution to Authorize a Closing of Maxwell Place for a Block Party 2007-91. Resolution Establishing Board of Assessment Review Procedure 2007-92. Resolution Introducing Local Law No of the Year 2007, Creating Chapter 66 of the Town Code, "Ambulance Notification" 2007-93. Resolution Introducing Local Law No Iof the Year 2007, Amending Section 240-21 E. "Swimming Pools" of the Wappinger Code 2007-94. Resolution Introducing Local Law No of the Year 2007, Creating Chapter 213 of the Town Code, "Municipal Stormwater Management" VII. New Business VIII. Executive Session A. MVK IX. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 `Regular Meeting townofwappinger.us Minutes — Chris Masterson Monday, May 14th, 2007 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the Meeting to order at 7:40 PM. Attendee Name 1 O izat 'ob T tie _ I 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 Present Joseph Paoloni Town of Wappinger Councilman Present 2. Moment of Silence for William Parsons Supervisor Ruggiero asked that all in attendance remain standing for a moment of silence in honor of the passing of Mr. William Parsons. Mr. Parsons was a longtime member of the Planning Board and former Commissioner and founder of the New Hackensack Fire Department. Minutes Approval 1. Motion To: approve the Minutes for April 9th and April 23rd, 2007, and place them of file RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Correspondence Log RESOLUTION: 2007-86 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record'- Resolution RES -2007-46 ( No/Nay Abstain Absent D Adopted _ Joseph Ruggiero Voter 0 ❑ i 11Yes/Aye ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ 11 ❑ Defeated Vincent Bettina Voter ® ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 14, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 1 Printed 5/25/2007 Regular Meeting Minutes May 14, 2007 IV. Public Portion on Agenda Items Supervisor Ruggiero opened the floor for public comment on the agenda items at 7:43 PM. An anonymous resident of Maxwell Place asked to comment on Resolution 2007-90: Resolution to Authorize a Closing of Maxwell Place for a Block Party. She explained to the Board exactly what the residents were asking for. There were no comments or questions from the Board. V. Discussion A. Town Code Chapter 66 — Ambulance Notification Supervisor Ruggiero opened the discussion at 7:45 PM. Al Roberts, Attorney to the Town, began by providing a summary of the events that led to the drafting of this Local Law. He then explained certain components of the Local Law. Councilman Bettina asked if there were any comments from Joe Kovalsky, the Town's Emergency Services Coordinator, and if this was happening in other towns as well. He also asked if the problem was that too many ambulances respond to incidents. Supervisor Ruggiero replied that that was not the case. He expanded on Mr. Roberts's explanation of the need for this Local Law. Councilman Paoloni asked if this was an isolated case that the Town was considering adopting a Local Law to correct or if it was a systemic problem that should have been included in the Emergency Service Coordinator's report. Supervisor Ruggiero explained that there would be nothing to report if a call doesn't go through the 911 system. Discussion followed regarding the incident at Applebee's Restaurant, which occurred in mid-February. Councilman Beale added that there is an ethics issue involved as well. He proceeded to describe the actions that Mobile Life should have taken in that situation. Discussion followed. Councilman Bettina asked if Mr. Kovalsky has seen the draft of the Local Law. Supervisor Ruggiero answered that he has not seen the Local Law but was aware of the situation. Councilman Paoloni stated that this is the first of this type of situation that he has heard of. Supervisor Ruggiero explained how the coverage was during the Sloper-Willen and Alamo days, and noted that there is now a proper balance between the municipalities. Discussion followed. Councilwoman McCarthy added that there are billing and financial issues that the residents have to deal with. The resident's may have to pay high rates for transports provided by non -town ambulances. Discussion followed. Supervisor Ruggiero closed the discussion at 8:16 PM. B. Tow Truck Local Law Supervisor Ruggiero opened the discussion at 8:16 PM and proceeded to summarize the events and discussions that have taken place relating to this topic up to the present. He pointed out that the Police Agencies have fixed their tow lists and then asked if the Local Law should be killed or watered down to only include certain components. Councilwoman McCarthy replied that a Local Law is needed to address certain items such as the safety zone and clean-up at the scene of an accident. Discussion followed. Councilman Beale asked if the Town should draft a Local Law to address the items, such as safety zone and clean-up, and yield to the State Police and Sheriffs rotational lists. He asked if the Town would have any enforcement power if this was the case. Supervisor Ruggiero replied that, if the Town were to defer the maintenance of the lists to those police agencies, the answer would be "no". Councilman Beale pointed out that the intent of the Local Law was to ensure that accident scenes were cleared more quickly. Supervisor Ruggiero did not fully agree. He added that much of the original feedback dealt with accident "chasing". Discussion followed. The Board discussed the fact that the tow operators that were originally asking for the legislation are now opposed to the Local Law as it is drafted because it does not prohibit non - Town operators from operating in the Town of Wappinger. Councilman Beale commented that legislation is still needed to address the other problems. Supervisor Ruggiero added that the Local Law is comprehensive, but the Wappinger tow operators feels that it goes too far. He asked if the Board feels that they should focus on passing a Local Law that addresses the other problems. Councilwoman McCarthy recommended that the Board begin with those items and then address the Sheriff and State Police tow lists if they turn out to be problems down the road. Councilman Bettina agreed. Al Roberts, Attorney to the Town, also agreed and pointed out that the Local Law could be amended if need be. Supervisor Ruggiero asked how the Town could enforce the minimum insurance requirements. Mr. Roberts answered that the Town could only do that if it maintained its own list. Councilman Beale went on to say that the question then is the enforcement of the Local Law. Discussion followed. Town of Wappinger Page 2 Printed 5/25/2007 LTJ r11 Regular Meeting Minutes May 14, 2007 Supervisor Ruggiero stated that he will set up a meeting with the State Police and the Sheriffs Department and then see how the bill could be modified. He then closed the discussion at 8:35 PM. C. Amending the Code of the Town of Wappinger Based Upon Site Planning Roundtable Discussions (C.0.W.) Supervisor Ruggiero opened the discussion at 8:35 PM. David Stolman, Town Planner, explained the proposed amendments to the Town Code. The amendments apply to Chapter 137: Freshwater Wetland, Waterbody and Watercourse Protection, Chapter 214: Streets and Sidewalks, Chapter 217: Subdivision Regulations and Chapter 240: Zoning Law. Mr. Stolman proceeded to explain each individual change. While discussing the changes to Chapter 214, Mr. Stolman mentioned that the width of certain roadways will be allowed to decrease to from 24' to 20'. Graham Foster, Town Highway Superintendent commented that 20' is not wide enough. Councilman Paoloni asked what the benefit in terms of impervious surface would be. Jay Paggi, Town Engineer, replied that it would be 16%, a significant difference. Councilman Beale was concerned about getting emergency vehicles through. Mr. Foster commented that they would not get through. Mr. Stolman explained that this would only be under certain circumstances. It would not apply to the majority of the Town. Mr. Paggi clarified that it would be the exception, not the rule. Mr. Foster gave the example of having a 20' road with a car parked on it. He pointed out that he would not be able to get by it with a 12' snow plow. Mr. Stolman took note of Mr. Foster's concerns and carried on with his presentation. Councilman Beale referred to principal #14 and asked what the current minimum for driveways was. Mr. Paggi replied that it is 12'. Councilman Beale then asked if there were other driveways that were wider than 12'. Mr. Paggi answered that shared driveways, or common driveways, are 16'. Mr. Foster added that there is no maximum width. Councilman Beale followed up by asking if the Town should consider having a maximum set to help decrease impervious surface. Mr. Stolman replied that it is an option. Mr. Paggi added that the driveways are typically 12' plus or minus a half of an inch because the cost of doing blacktop is very expensive. Mr. Stolman stated that the Town could add something like that to ensure that the Planning Board has the authorization to prevent a property owner from blacktopping the whole front of the yard. Supervisor Ruggiero asked if there were any other comments. Councilman Paoloni agreed with everything except the for the road widths. Councilman Bettina recommended that it be left up to the Planning Board to make the decision based on the input from the Town professionals. Discussion about putting islands in the culs-de-sac followed. Mr. Foster pointed out that it would take all day to plow such a cul-de-sac. With no further comments or questions, the discussion was closed at 9:05 PM. D. Comprehensive Plan Schedule — David Stolman Supervisor Ruggiero opened the discussion at 9:05 PM. David Stolman, Town Planner, explained that there are several steps in adopting a Comprehensive Plan, especially when SEQRA is involved. He briefly explained some of those steps and informed the Board of the current status. Supervisor Ruggiero asked if the Town would be having Public Hearings in the June/July timeframe. Mr. Stolman confirmed that the Public Hearings for the Comprehensive Plan would take place in the first half of July. The Public Hearings for the Local Laws and the adoption of the Local Laws would take place during the first half of October. Councilman Paoloni asked if it would be one vote or a series of votes. Supervisor Ruggiero replied that it would be many votes. The Plan itself would be adopted in one vote. The laws that implement the Masters Plan would be covered by several votes. Discussion followed. Councilman Paoloni asked if it were correct that a vote for the Master Plan doesn't imply that you are voting for the pieces of the Plan. Supervisor Ruggiero confirmed and added that the Town could not pass a zoning law without the Master Plan in place. Discussion followed. With no further comments or questions, Supervisor Ruggiero closed the discussion at 9:13 PM. E. MS4 Stormwater Report — David Stolman, Joe Stankavage Supervisor Ruggiero opened the discussion at 9:13 PM. Joe Stankavage, of Paggi, Martin & Del Bene, gave a brief background on the requirements that the Town must fulfill as an MS4 municipality. One requirement is that an annual progress report be prepared for the Town. Mr. Stankavage then summarized the annual report that he has prepared. The report is submitted to the Board and made available, for public review and comment, on the Town's website and in the Town Clerk's Office. If there are any comments, they will be included in the Final Report. The Final Report is to be at the DEC by June 1 st. Mr. Stankavage added that the Stormwater Town of Wappinger Page 3 Printed 5/25/2007 Regular Meeting Minutes May 14, 2007 Local Law, which is on the agenda for this meeting, is the last major task or project to be accomplished. Supervisor Ruggiero thanked Mr. Stankavage for all of his work in keeping the Town on track with the MS4 requirements. With no further comments or questions, the discussion was closed at 9:16 PM. F. No Parking Sign for 97 Robinson Lane — Jay Paggi, Graham Foster Supervisor Ruggiero opened the discussion at 9:17 PM. The Town has received a request for a "No Parking" sign at 97 Robinson Lane. Jay Paggi, Town Engineer, and Graham Foster, Town Highway Superintendent, have been asked to investigate the request. Mr. Paggi informed the Board that there is a 16' wide paved way into Robinson Lane. It is a few hundred feet long with a gate at the end. Mr. Paggi feels that it would be appropriate, due to the width of the pavement, to place "No Parking" signs on the sides of the entry road. Supervisor Ruggiero asked the Town Attorney, Al Roberts, if a Local Law would be needed for this. Mr. Roberts replied that one would be needed and agreed to prepare one for a future meeting. Supervisor Ruggiero closed the discussion at 9:20 PM. G. Recreation Department Capital Plan Requirements Supervisor Ruggiero opened the discussion at 9:20 PM. Bob Sheridan, Maintenance Supervisor, was present to discuss the topic on behalf of Ralph Holt. Mr. Sheridan explained that certain trucks, trailers and other pieces of equipment were in need of replacement. There were also other items that are needed to handle the current workload. For example, an additional 4 -wheel drive mower is needed due to the number and size of fields that are mowed throughout the Town. Discussion followed. With no further comments or questions, the discussion was closed at 9:24 PM. H. Old Troy Road Traffic Report - Jay Paggi Supervisor Ruggiero opened the discussion at 9:25 PM. Jay Paggi, Town Engineer, gave a brief background on the situation at Old Troy Road. Last September/October, Mr. Paggi was asked to analyze data that was developed by Dutchess County, through the Town Highway Department. The data was collected May 24`h - May 26`h. The study was broken down into 15 minute increments. There were approximately 190 increments during the 48 hour study. In 127 of the 190 intervals, the vehicle count was 5 or less. In 177 of the 190 intervals, there were less than 15 vehicles. There were morning and afternoon rushes that lasted between 45 - 60 minutes. The peak number was 28 vehicles. The average daily count for the 48 hour study was approximately 500 vehicles. Mr. Paggi's professional judgment, based on the review of the data, is that there are no warrants to change any of the existing traffic patterns. Mr. Paggi then discussed the option of prohibiting left turns from Wheeler Hill Road onto Old Troy Road. This would force traffic to the New Hamburg Road intersection, where the cars would then have to make an awkward turn. Mr. Paggi advised that this was not a good solution. Mr. Paggi then added that the speed data that was generated may have been flawed due to the placement of the equipment. It was placed in a spot close enough to the end of the road, where the traffic was naturally slowing down. Councilman Beale asked what could be done to help reduce the traffic on that road. Al Roberts, Town Attorney, replied that it is a public roadway and the public has a right to travel on it. Discussion followed. Councilwoman McCarthy asked if the concern was the volume or the speed of the traffic. Councilman Beale replied that he felt both were concerns. The floor was then opened to the public for comment. Jim Pratt was the first resident to speak. He commented that there is bumper -to -bumper traffic speeding down the road during the rush hours. This makes for an unsafe situation and he is surprised that nobody has been killed. He claimed that there have been 27 accidents in that area. Some of the residents invited the Board to come to their homes to sit and watch the traffic. Councilman Beale added that some of the houses are very close to the road. Councilwoman McCarthy mentioned some other traffic control measures, such as a flashing light or guard rails, and asked if a certain combination of these items could be used. Discussion followed. Supervisor Ruggiero asked Graham Foster, Town Highway Superintendent, if it were possible to work with the County to focus on realigning the Wheeler Hill intersection with New Hamburg Road to make it safer for left hand turns. Mr. Pratt commented that the stop sign that is in place on Wheeler Hill Road is disregarded by some of the drivers. He asked for an increase in police presence at that intersection. Another resident asked if the study could be done again to get accurate speed data. Discussion followed. Graham Foster mentioned that some roads in Dutchess County are designated as scenic roads. He asked if the Town could designate Old Troy Road as a scenic road in order to have higher restrictions. Supervisor Ruggiero asked Mr. Paggi to look into it. Mr. Paggi added that the only restrictions that he knew of in those cases involved weight limits. Town of Wappinger Page 4 Printed 5/25/2007 T LJ Regular Meeting Minutes May 14, 2007 Helen Fuimarello addressed the Board next. She thought that Mr. Foster had previously mentioned that a section of Old Troy Road was sagging. She asked what would happen if the road caved in. Mr. Foster confirmed that the road could give way just as it did on Creek Road. He went on to say that there is not much that is holding the guard rails in place. Mr. Paggi warned that the road, as is, has inherent traffic calming features built into it. The normal concerned driver takes it at a normal speed. The more streamlined and geometrically and visually appealing that you make the road, the more traffic will tend to speed up. With no other comments or questions, Supervisor Ruggiero closed the discussion at 9:47 PM. VI. Resolutions 1. Motion To: untable Resolution 2007-81 RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2007-81 Resolution to Authorize Purchase Orders for the Town Recreation Department and for Supervisor to Sign the Contracts WHEREAS, the Recreation Committee has requested three purchase orders for tick Spraying for May, June/July, and September/October, and WHEREAS, the Recreation Commission received bids as follows: Company Bid Total not to exceed N.Y. Tick Control $14,600.01 Bug Busters Pest Control $14,675.00 Craig Thomas Pest Control $16,200.00 WHEREAS, The lowest bidder for tick spraying is N.Y. Tick Control at a cost not to exceed Fourteen Thousand Six Hundred and 01/100 ($14,600.01) 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. Three purchase orders are hereby authorized in the amount of Four Thousand Eight Hundred Sixty -Six Dollars and 67/100 ($4,866.67) with the total not to exceed Fourteen Thousand Six Hundred Dollars and 01/100 ($14,600.01) payable to N.Y. Tick Control, payable from Account A-7110.43 3. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of the Town the contract between the Town of Wappinger and N.Y. Tick Control, copies of which are affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-51, Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 j ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 I ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ led ❑ Maureen McCarthy Seconder 0 ❑ ❑ ❑ Wibthdrawn Joseph Paoloni Voter 0 ❑ i ❑ ❑ Dated: Wappingers Falls, New York May 14t , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 5 Printed 5/25/2007 Regular Meeting Minutes May 14, 2007 RESOLUTION: 2007-87 Resolution Authorizing Refund of Unused Escrow for 18 Adams Street for Driveway and Stabilization WHEREAS, on or about December 27th, 2004, Donald Mazochi deposited Two Thousand Five Hundred Dollars and 00/100 ($2,500.00) with the Town of Wappinger for the property located at 18 Adams Street for driveway and stabilization, and WHEREAS, Donald Mazochi has requested a refund in the amount of Two Thousand Five Hundred Dollars and 00/100 ($2,500.00), and has been approved by Salvatore Morello III, Code Enforcement Officer, in letter dated April 9th, 2007, to the Town of Wappinger Town Board. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Two Thousand Five Hundred Dollars and 00/100 ($2,500.00) made payable to Donald Mazochi for the refund of the unused escrow deposited for the property located at 18 Adams Street. The foregoing was put to a vote which resulted as follows: ✓YWA d -ResoTntlon RE -2007-87 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 14t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-88 Resolution Authorizing Refund of Unused Escrow for Progressive Insurance WHEREAS, on or about May 16th, 2005, Progressive Insurance opened escrow account number 05-3099 with the Town of Wappinger, and WHEREAS, Progressive Insurance has requested a refund in the amount of Six Thousand Three Hundred Forty -Seven Dollars and 50/100 ($6,347.50), and has been approved by Jean Gallucci, Comptroller, in an audit dated March 7th, 2007. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Six Thousand Three Hundred Forty -Seven Dollars and 50/100 ($6,347.50) made payable to Progressive Insurance Account Number 2005-3099, for the refund of the unused escrow deposited. The foregoing was put to a vote which resulted as follows: � �ore�� � Resolution-�u��=ss 0 Adopted YestAye No/Nay Abstain _._ Absent Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina - Seconder 0 ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 142 , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 5/25/2007 T_ Regular Meeting Minutes May 14, 2007 RESOLUTION: 2007-89 Resolution to Authorize an Autistic Child Area Sign to be Placed on 39 Widmer Road WHEREAS, Mr. and Mrs. Cantalupo, who live at 39 Widmer Road, have an autistic son; and WHEREAS, Mr. and Mrs. Cantalupo have sent the Town Board a letter dated April 25th, 2007, hereby attached, requesting an Autistic Child Area sign be placed on their property to increase the community's awareness. 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 an Autistic Child Area sign to be placed at 39 Widmer Road. The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2007-89 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter D ❑ 11 ❑ Tabled Maureen McCarthy Initiator D ❑ ❑ ❑ ❑ Withdrawn MaureenMcCa F Seconder m ❑ ❑ ❑ Joseph Paoloni I itt ator 0 O ❑ ❑ Dated: Wappingers Falls, New York May 14t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-90 Resolution to Authorize a Closing of Maxwell Place for a Block Party WHEREAS, a request has been made by a Debra Brennan, in a letter hereby attached, to close Maxwell Place for a block party to be held on August 4th, 2007, between the hours of 1:00 p.m. through 9:00 p.m.; and WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, has reviewed and supports the closing of Maxwell Place for the block party on August 4th, 2007, between the hours of 1:00 p.m. through 9:00 p.m., with the exception of emergency and local traffic. 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 the closing of Maxwell Place for the block party on August 4th, 2007, between the hours of 1:00 p.m. through 9:00 p.m., with the exception of emergency traffic, pursuant to the request from Debra Brennan, attached hereto, and the authorization from the Town of Wappinger Highway Superintendent, Graham Foster. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-90* '! Yes/Aye No/Nay Abstain Absent Adopted pe Ruwero Voter m❑ ❑ ❑ ❑ Adopted as AmendedJos_ _h William Beale Voter 0 ❑ ❑ _ ❑ ❑ Defeated _ Vincent Bettina Voter D ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator D ❑ ❑ ❑ Joseph Paoloni Seconder D ❑ ( ❑ ❑ Dated: Wappingers Falls, New York May 14t , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 7 Printed 5/25/2007 Regular Meeting Minutes May 14, 2007 RESOLUTION: 2007-91 Resolution Establishing Board of Assessment Review Procedure WHEREAS, Real Property Tax Law §523 mandates that a member of the Board of Assessment Review shall be required to disclose on a form required by the State Board any direct or indirect interest such member may have in any property for which a complaint has been filed; and WHEREAS, the statute does not require that the member recuse himself/herself from review of the complaint; and WHEREAS, § 523 of the Real Property Tax Law was also amended to authorize a municipality to enter into an Inter -Municipal Agreement with another municipality in the County to permit hearing of a complaint in the other municipality whenever a member of a Board of Assessment Review has disclosed that he/she has a direct or indirect interest in such property as defined by Real Property Tax Law §523. par. 3; WHEREAS, the Town Board determines it to be a matter of the utmost importance to assure the residents and taxpayers of the Town that tax assessments be made in the most open, honest and non -prejudicial manner. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that it is in the best interest of the residents and taxpayers of the Town of Wappinger that any member of the Board of Assessment Review who has any direct or indirect interest in any property for which a complaint has been filed as set forth in Real Property Tax Law §523. par. 3, shall be required to recuse himself/herself from any deliberation or review of such complaint 3. The Town Board hereby authorizes Supervisor Joseph Ruggiero to enter into an Inter -Municipal Agreement pursuant to §523. par. 3 of the Real Property Tax Law to have the Board of Assessment Review of other towns as necessary in Dutchess County to hear the complaint for a property in which a member of the Board of Assessment Review of the Town of Wappinger has recused himself/herself because of a direct or indirect interest as set forth in §523. par. 3 of the Real Property Tax Law. 4. Albert P. Roberts, Attorney to the Town is also authorized to prepare such an agreement as authorized by Real Property Tax Law §523. par. 3. The foregoing was put to a vote which resulted as follows: ✓ voteli eeord - Resolution RES -2007-4Y . Yes/Aye No/Nay Abstain Absent ® Adopted _ Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ L1 ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ 11 Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 14t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-92 Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 66 of the Town Code, "Ambulance Notification" WHEREAS, the Town Board is aware that ambulance services have been called to the scene of an emergency within the Town of Wappinger in response to telephone requests made from outside of the 911 system; and WHEREAS, requests for ambulance services to respond to medical emergencies from outside of the 911 system may result in the response of multiple ambulances to the scene, or may result in the dispatch of an improperly equipped ambulance, or may result in an increased response time; and said calls made outside of the 911 system, deprive injured persons at the scene of the emergency the benefit of the trained and appropriate response from fire companies, police and other first responders called from the 911 system; and WHEREAS, calls for ambulance services outside of the 911 system results in an Town of Wappinger Page 8 Printed 5/25/2007 �T� Regular Meeting Minutes May 14, 2007 increased charge for Town residents because ambulance service provided by the Wappinger Ambulance District limits charges to Town residents to that which is covered by insurance; and WHEREAS, the Town Board finds and determines that receiving calls for ambulance services outside of the 911 system creates dual, uncoordinated and unnecessary responses on the part of ambulance services and this constitutes an unsafe practice which requires regulation; and WHEREAS, the Town Board also finds that such unsafe practice interferes with the emergency medical services provided by the Wappinger Ambulance District and by volunteer fire departments; and WHEREAS, Municipal Home Rule Law § 10(1) authorizes the Town to enact legislation for the protection, safety, health and well-being of the people of the Town of Wappinger as well as the traveling, visiting and sojourning public; and WHEREAS, the purpose of this law is to stop the abuses and unsafe practices caused by the uncoordinated and unnecessary response by ambulance services that have been called for medical assistance outside of the 911 emergency response system; 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 66; 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 the above referenced issues of concern; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, and Part 617 of the NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law which establishes locally designated actions); 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 the Lead Agency for purposes of SEQRA review. 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 an Unlisted Action pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA), 6 NYCRR Part 617 and Local Law No.6 of 1992 (WEQR). The Town Board defers its decision to make a determination of significance pursuant to SEQRA until after the conclusion of the Public Hearing. 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 April, 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. The foregoing was put to a vote which resulted as follows: Vote Record✓- Resolution RES -2607-92 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter m ❑ ❑ ❑ ❑ Defeated William Beale In_itiat_or _ m ❑ __ o .. o. _ LSI Tabled Vincent Bettina Seconder m ❑ ! ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ " ❑ ❑ Next: May 29, 2007 7:30 PM Joseph Paoloni Voter ❑ I ❑ ❑ Dated: Wappingers Falls, New York May 14, 2007 The Resolution is hereby tabled. RESOLUTION: 2007-93 Resolution Introducing Local Law No. of the Year 2007, Amending Section 240-21 E. "Swimming Pools" of the Wappinger Code WHEREAS, it has come to the attention of the Town Board that the provisions of the Town Zoning Code regarding the specifications for a swimming pool fence are inconsistent with the provisions of the New York State Uniform Code; and Town of Wappinger Page 9 Printed 5/25/2007 Regular Meeting Minutes May 14, 2007 WHEREAS, it is the intention of the Town Board that the specifications for swimming pool fences shall be the same as required by the New York State Uniform Code; 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 modifying Section 240-21 E. of the Wappinger Code so that the specifications for the swimming pool fence shall be the same as required by the New York State Uniform Code; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and the Town Board is therefore, by default, Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. of the Year 2007 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Code as adopted and amended from time to time thereafter is to remain in full force and effect is otherwise to be ratified, readopted and confirmed. 3. The Town Board has caused to be prepared a Short Form EAF and has reviewed the proposed action pursuant thereto and hereby determines that the proposed action will not have a significant impact on the environment and hereby makes a Negative Declaration of Significance with respect to the proposed amendments to the Zoning Code. 4. The Town Board hereby schedules a Public Hearing regarding the proposed adoption of the annexed Local Law No. of 2007 for 7:30 P.M., on the 11th day of June 2007, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) days prior to said public hearing date. 5. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the Notice of Public Hearing to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; and b. To serve a copy of this resolution, the annexed proposed Local Law, and the Notice of Public Hearing to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the Notice of Public Hearing to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing, pursuant to Zoning Code §240-112. The foregoing was put to a vote which resulted as follows: ✓'VOWa ord M Resolution RRS-2007-93 0 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ® ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Seconder0 ❑ ❑_ ❑ Joseph Paoloni Initiator ❑ ❑ ❑ Dated: Wappingers Falls, New York May 14t , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 10 Printed 5/25/2007 LJ Regular Meeting Minutes May 14, 2007 RESOLUTION: 2007-94 Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 213 of the Town Code, "Municipal Stormwater Management" WHEREAS, federal regulations for small Municipal Separate Storm Sewer Systems (MS4) promulgated by the United States Environmental Protection Agency pursuant to the Clean Water Act (33 U.S.C. § 1251 et seq.) require the Town of Wappinger to adopt legislation to control discharge of pollutants into the waters of the United States; and WHEREAS, New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems Permit No. GP -02-02 requires the Town of Wappinger to adopt minimum control measures for stormwater discharges into the waters of the United States and the State of New York; and WHEREAS, the New York State Department of Environmental Conservation requires that the Town ensure that land development activities will conform to the requirements of the State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP -02-01; and WHEREAS, minimizing the flow of stormwater runoff from land development activities will reduce flooding, reduce siltation, reduce stream bank erosion and maintain the integrity of stream channels; and WHEREAS, illicit discharges and illicit connections to the MS4 system harm the residents of the Town by polluting its waters and it is necessary to authorize the Town to inspect and monitor for such illicit discharges and connections; and WHEREAS, the Town Board intends to establish penalties and enforcement mechanisms in order to protect the MS4 system and reduce water pollution; and WHEREAS, the Town Board recognizes that public awareness of the adverse environmental impacts and hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4 should be promoted; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens, the property, the waters and the environment of the Town of Wappinger to adopt a Local Law to address the above referenced issues of concern; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, and Part 617 of the NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law which establishes locally designated actions); 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 the Lead Agency for purposes of SEQRA review. 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 an Unlisted Action pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA), 6 NYCRR Part 617 and Local Law No.6 of 1992 (WEQR). The Town Board defers its decision to make a determination of significance pursuant to SEQRA until after the conclusion of the Public Hearing. 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 11th day of June, 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 11 Printed 5/25/2007 Regular Meeting Minutes May 14, 2007 The foregoing was put to a vote which resulted as follows: ✓�. �d�lt�oi�tti�tt�2ou7194' YeVAye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ® ❑ ❑ ❑ 0 W Withdrawn Maureen McCarthy Initiator El ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 14t , 2007 The Resolution is hereby duly declared adopted. VII. New Business 1. Councilman Beale New Business Councilman Beale passed a picture of a tree around to the Board Members. He pointed out that the tree, which is on the side of New Hamburg Road, is frequently hit by vehicles. Currently, less than half of the tree is in tact. Graham Foster, Town Highway Superintendent, stated that it needs to come down. Councilman Beale added that a guard rail should also be put on that bend. Mr. Foster replied that he will contact DOT. Councilman Beale then brought up a concern that was brought to his attention by a resident of Tall Trees. There was a "Children at Play" sign that is now damaged and ripped down. The resident requested that the sign be replaced. There was also a resident that asked about the Town website. The resident wanted to know the hours for the Town Assessor's Office. Councilman Beale wanted to know what the hours were and if the hours for the Hall could be posted on the website. Supervisor Ruggiero answered and added that he will look into adding the hours to the website. Mr. Beale's last item for new business was to ask when the Carnwath property would be reopened. Supervisor Ruggiero answered that there would be a presentation at the next Board Meeting and the property should be open by Memorial Day. 2. Councilman Bettina New Business Councilman Bettina mentioned that there is an issue at the Plant Depot property. He has contacted the Code Enforcement Office about it and was told that either the Zoning Administrator or Fire Inspector has been out to inspect the site. George Kolb, Director of Code Enforcement, and Graham Foster, Town Highway Superintendent, replied that Mark Liebermann, Town Fire Inspector, had been out to the site. Councilman Bettina went on to say that he had been out to the site as well and noticed all sorts of construction material on the property. Councilman Bettina then thanked the Code Enforcement Office for handling an issue for a resident on Osborne Hill Road. Lastly, Councilman Bettina informed the Board and the Town Clerk that he would not be able to attend the Memorial Day Ceremony on May 28th. He is going to accompany his father to the USS Orestes (AGP-10) reunion in Florida. Mr. Bettina's father was serving on the ship when it was attacked on December 30th, 1944. 3. Councilwoman McCarthy New Business Councilwoman McCarthy asked if there was a problem with the fuses and lights at the Robinson Lane complex. She commented that there was some work done there and the Town may be receiving a significant bill for it. Councilwoman McCarthy then stated that the stop sign at the corner of Carroll Drive and All Angels Hill Road has been replaced by a yield sign. Graham Foster, Town Highway Superintendent, answered that it is a County controlled intersection. Councilwoman McCarthy added that it is a Town Road that the yield sign is on. Mr. Foster and the Town Attorney, Al Roberts, clarified the reason that it is a County intersection. Mr. Foster would ask the County DOT why they changed it, but the Town does not have any control over it. Jay Paggi, Engineer to the Town, pointed out that the Town could petition the County to change the sign. Discussion followed. Supervisor Ruggiero made a motion to make a formal request to the County that the yield sign be changed back to a stop sign. Councilman Paoloni seconded the motion and it passed unanimously. Councilwoman McCarthy's last item for new business was to ask how difficult it would be to get the Building Code on the Town's website. George Kolb, Director of Code Town of Wappinger Page 12 Printed 5/25/2007 j� J Regular Meeting Minutes May 14, 2007 Enforcement, explained that the resident could come in to the Town Hall to review any part of the Code, but it could not be added to the Town's website at this time. There are copyright restrictions that prevent that from happening. 4. Motion To: make a formal request to County to replace yield sign at Carroll Drive intersection with stop sign RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Ruggiero, 'Supervisor SECONDER: Joseph Paoloni, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni 5. Councilman Paoloni New Business Councilman Paoloni's first item for new business was to ask for a status report on the Stonewall development. Supervisor Ruggiero provided an update. Next, Councilman Paoloni commented that there have been complaints from residents that the data collected during the "re-val" process was overwhelmingly wrong. He asked if it was possible that one of the "re-val" employees could have been a problem. Supervisor Ruggiero replied that there was a problem with a call center employee during the process. That employee has since been dismissed. Councilman Paoloni clarified that he was talking about workers that were out in the field that might have simply guessed in determining fiugres. John Watch, President of MJW Consulting, was present to explain what happened. He stated that errors were made and people were terminated. The software is designed to screen and check for the errors. Mr. Watch then commended Christian Harkins, Town Assessor, on the job he has done. Councilwoman McCarthy also reported that she has had nothing but great feedback about Mr. Harkins and thanked him for doing a great job in addressing the concerns of the residents. Councilman Paoloni then discussed the problems that he has witnessed at the Recycle Center. He would like set standards to limit dump trucks and tractor trailers at the site. Graham Foster, Town Highway Superintendent, replied that there have been box trucks dumping at site but not tractor trailers. Some of the Highway employees had informed Councilman Paoloni that the dump trucks are making up to three trips per day. He added that the use of rental trucks were a problem as well. Mr. Foster replied that the rental trucks were not a problem, but he does see a lot of Home Depot trucks and dump trucks coming into the site. He also allows single and double -axle trailers. Supervisor Ruggiero asked if Councilman Paoloni was saying that residents are coming in with full dump trucks three times per day. Councilman Paoloni confirmed. Discussion followed. VIII. Executive Session 1. Motion To: go into executive session at 10:31 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni B. MVK C. A. W. Scrap - George Kolb 4. Motion To: come out of executive session at 10:53 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 13 Printed 5/25/2007 Regular Meeting Minutes May 14, 2007 IX. Adjournment 1. Motion To: adjourn at 10:53 PM RESULT: ADOPTED [UNANIMOUS] MOVER Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero,, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 10:53 PM. (Ja- J n C. sterson Town Clerk Town of Wappinger Page 14 Printed 5/25/2007