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2007-06-25 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 June 25`x', 2007 7:30 PM Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:30 PM Meeting called to order on June 25`h, 2007, at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Minutes Approval 1. Monday, June 11 th, 2007 2. Monday, June 18`h, 2007 III. Public Portion IV. Discussion _ A. Carnwath Farms Update — Don Swartz B. Establishing Cranberry Hills Sidewalk District C. Establishing Cranberry Hills Drainage District D. Establishing Cranberry Hills Street Lighting District E. Well Testing Local Law V. Resolutions 2007-113. Resolution Appointing Robert Valdati to the Planning Board to Fill the Term that Expires 1/4/2014 2007-114. Resolution Appointing Eugene Pinto to the Planning Board to Complete Alan Weitlich's Unexpired Term that Expires 1/4/2012 2007-115. Resolution Appointing Marsha Leed to the Planning Board to Complete Ricky Harrison's Unexpired Term that Expires 1/4/2009 2007-116. Resolution Appointing Victor L. Fanuele to the Zoning Board of Appeals to Fill the Term that Expires 2/1/2012 2007-117. Resolution Appointing Patrick McVeigh to the Zoning Board of Appeals to Fill the Term that Expires 2/1/2011 2007-120. Resolution Appointing Recreation Committee Member Until 2012 2007-121. Resolution Authorizing Refund of Unused Escrow for 30 Ketchamtown Road for Seeding of 2007-122. Resolution Authorizing Return of Unused Escrow for 27 Whites 2007-128. Resolution Introducing Local Law No. of the Year 2007, "Local Law Amending Sections 230-46, 230-47, and 230-48 of the Code of the Town of Wappinger, to Prohibit Parking, Stopping or Standing on Both Sides of Recreation Drive From Its Intersection with Robinson Lane Easterly for a Distance of 300 Feet' 2007-129. Resolution Introducing Local Law No. of 2007 Regarding Amendments to the Town Code Based Upon Site Planning Roundtable Discussions 2007-130. Resolution Authorizing Inez Maldonado, Charles Reinhardt and Debra Brown to Attend the Office of the State Comptroller Accounting Training 2007-131. Resolution Introducing Local Law No. of the Year 2007, "Mandatory Private Well Testing" In the Town of Wappinger Unanimous Consent 2007-132. Resolution Amending Town Board Schedule of Meetings VII. New Business VIII. Executive Session A. AW Scrap IX. Adjournment T' Corner Lane for Swale 2007-123. Resolution Authorizing Return of Unused Escrow for Performance Motors 2007-124. Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Sidewalk District 2007-125. Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Drainage District 2007-126. Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Street Lighting District 2007-127. Resolution Naming Recreation Drive 2007-128. Resolution Introducing Local Law No. of the Year 2007, "Local Law Amending Sections 230-46, 230-47, and 230-48 of the Code of the Town of Wappinger, to Prohibit Parking, Stopping or Standing on Both Sides of Recreation Drive From Its Intersection with Robinson Lane Easterly for a Distance of 300 Feet' 2007-129. Resolution Introducing Local Law No. of 2007 Regarding Amendments to the Town Code Based Upon Site Planning Roundtable Discussions 2007-130. Resolution Authorizing Inez Maldonado, Charles Reinhardt and Debra Brown to Attend the Office of the State Comptroller Accounting Training 2007-131. Resolution Introducing Local Law No. of the Year 2007, "Mandatory Private Well Testing" In the Town of Wappinger Unanimous Consent 2007-132. Resolution Amending Town Board Schedule of Meetings VII. New Business VIII. Executive Session A. AW Scrap IX. Adjournment T' Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 w Regular Meeting townofwappinger.us 3ws. Minutes ~ Chris Masterson Monday, June 25th, 2007 7:30 PM Town Hall IV. Call to Order Supervisor Ruggiero called the Meeting to order at 7:35 PM. Attendee Name _ Aved —_ Joseph Ruggiero Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present _ _ Vincent Bettina _ Town of Wappinger Councilman Absent Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present 2. Statement Supervisor Ruggiero asked that the record show that Councilman Bettina called to notify the Board that he would not be in attendance as he is sick. Minutes Approval 1. Monday, June 11th, 2007 2. Monday, June 18th, 2007 3. Motion To: accept the Minutes of June 11th and June 18th of 2007, and place them on file RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paolom. ABSENT: Vincent Bettina Public Portion 1. Public comment on the agenda items Supervisor Ruggiero opened the floor to public comment on the agenda items at 7:37 PM. There were no comments from the public. Discussion A. Carnwath Farms Update — Don Swartz Supervisor Ruggiero opened the discussion at 7:39 PM. Don Swartz was present to update the Board on the emergency work project at Carnwath Farms. Mr. Swartz notified the Board that the work is done and the emergency was lifted on the 11th of June. He proceeded to use a PowerPoint presentation to illustrate the work that was done and the current condition of the Mansion and Carriage House. Supervisor Ruggiero asked George Kolb, Director of Code Enforcement, if the certificates of compliance have been issued. Mr. Kolb replied that it has been issued for the Mansion. He is waiting on final electrical inspection for the Carriage House. Councilman Beale stated that he is concerned that the building is not being properly secured. He was on the property recently and the Carriage House door was wide open. Supervisor Ruggiero commented that the parks department will be on site daily now that the emergency has been lifted. Supervisor Ruggiero thanked Mr. Swartz and all of the workers that have been on this project. With no other comments or questions, the discussion was closed at 8:00 PM. B. Establishing Cranberry Hills Sidewalk District C. Establishing Cranberry Hills Drainage District D. Establishing Cranberry Hills Street Lighting District Supervisor Ruggiero opened the discussion at 8:00 PM. He then introduced Richard O'Rourke, an attorney representing the law firm of Keane & Beane, P.C. Keane & Beane, P.0 is representing Cranberry Hills, LLC. Mr. O'Rourke explained that the three items on the agenda Town of Wappinger Page 1 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 were petitions to establish special districts for Cranberry Hills. The districts are for drainage, lighting and sidewalks. The purpose of the districts is to have the taxing authority on the residents of the subdivision to cover the expenses for the districts. The petitions have been prepared in conjunction with the Town Engineer. Mr. O'Rourke requested that Public Hearings on the petitions be set. Supervisor Ruggiero asked if the Board had any questions. There were none. He then recommended that the Public Hearings be set for 6:45 PM on July 19th, 2007. With no other questions or comments, Supervisor Ruggiero closed the discussion at 8:03 PM. E. Well Testing Local Law Supervisor Ruggiero opened the discussion at 8:03 PM. The main difference between this version of the Local Law and the version that was presented to the Board at a previous meeting is that the responsibility of the test is put on the purchaser. Councilman Beale asked if this makes the Wappinger bill consistent with the Assembly bill. Al Roberts, Attorney to the Town, replied that it was an entirely different package for a different jurisdiction with a different procedure. Supervisor Ruggiero stated that it is similar to the version that the County had. Councilman Beale asked what would happen if the State Assembly Bill gets to the Senate. Supervisor Ruggiero replied that that bill would trump the Town bill. Discussion followed. With no other comments or questions, Supervisor Ruggiero closed the discussion at 8:05 PM. V. Resolutions RESOLUTION: 2007-113 Resolution Appointing Robert Valdati to the Planning Board to Fill the Term that Expires 1/4/2014 WHEREAS, the Wappinger Town Board appoints members to the Planning Board, and WHEREAS, the Town of Wappinger Planning Board consists of seven members, and WHEREAS, the term of incumbent Guy Gagne expired on January 1St, 2007, and WHEREAS, Guy Gagne has served on the Planning Board in the interim, and WHEREAS, the Wappinger Town Board has conducted interviews and found Robert Valdati to be the individual capable of filling the vacancy for the Planning Board, and NOW, THEREFORE, BE IT RESOLVED, that Robert Valdati is hereby appointed to the Town of Wappinger Planning Board to a term that expires 1/4/2014. The foregoing was put to a vote which resulted as follows: ✓ Vote RecorM - Resolution RES -2007-113 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ 0 13 ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator El ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-114 Resolution Appointing Eugene Pinto to the Planning Board to Complete Alan Weitlich's Unexpired Term that Expires 1/4/2012 WHEREAS, Alan Weitlich resigned from the Planning Board on 6/1/2007 and left a vacancy, and WHEREAS, Alan Weitlich's term expires on 1/4/2012, and WHEREAS, the Wappinger Town Board has conducted interviews and found Eugene Pinto to be the individual capable of filling the vacancy for the Planning Board, and NOW, THEREFORE, BE IT RESOLVED, that Eugene Pinto is hereby appointed to the Town of Wappinger Planning Board to finish Alan Weitlich's term that expires 1/4/2012. Town of Wappinger Page 2 Printed 71912007 Regular Meeting Minutes June 25, 2007 The foregoing was put to a vote which resulted as follows: ,/Vote Record - Resolution RES -2007-114 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter _ 0 ❑ ❑ ❑ ❑ Adopted as Amended Adopted William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Bettina Voter ❑ I aVincent ❑ I ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthyoter Y Maureen McCarthy 0 ❑ ❑ ❑ _ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-115 Resolution Appointing Marsha Leed to the Planning Board to Complete Ricky Harrison's Unexpired Term that Expires 1/4/2009 WHEREAS, Ricky Harrison resigned from the Planning Board on May 10th, 2007, and left a vacancy, and WHEREAS, Ricky Harrison's term expires on 1/4/2009, and WHEREAS, the Wappinger Town Board has conducted interviews and found Marsha Leed to be the individual capable of filling the vacancy for the Planning Board, and NOW, THEREFORE, BE IT RESOLVED, that Marsha Leed is hereby appointed to the Town of Wappinger Planning Board to finish Ricky Harrison's term that expires 1/4/2009. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007.115 Yes/Aye�� Nom ( Abstain Absent 0 Adopted Jos h Ru 'ero Initiator ® ❑ I ❑ � ❑ Adopted as Amended William Beale Voter ® ❑ 11 ❑ Defeated Vincent Bettina Voter ❑ O 00 ❑ Tabled ❑ Maureen McCarthy Seconder 0 ❑ ❑ _ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25 , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-116 Resolution Appointing Victor L. Fanuele to the Zoning Board of Appeals to Fill the Term that Expires 2/1/2012 WHEREAS, the Wappinger Town Board appoints members to the Zoning Board of Appeals, and WHEREAS, the Town of Wappinger Zoning Board of Appeals consists of five members, and WHEREAS, the term of incumbent Victor Fanuele expired on February 1St, 2007, and WHEREAS, Victor Fanuele has served on the Zoning Board of Appeals in the interim, and WHEREAS, the Wappinger Town Board has conducted interviews and found Victor Fanuele to be the individual capable of filling the vacancy for the Zoning Board of Appeals, and NOW, THEREFORE, BE IT RESOLVED, that Victor Fanuele is hereby appointed to the Town of Wappinger Zoning Board of Appeals to a term that expires 2/1/2012. Town of Wappinger Page 3 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 The foregoing was put to a vote which resulted as follows: �` ��� +tlr�il�itolut��nI�ES-2004�11� 0 Adopted 0 Adopted - No/Nay Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Rupzgiero Voter El❑ ❑ Adopted as Amended ❑ ❑ ❑ Defeated William Beale Seconder 0 0 0 ❑ ❑ Tabled Vmcent Bettm a Voter ❑ ❑I'll ❑ 0 ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-117 Resolution Appointing Patrick McVeigh to the Zoning Board of Appeals to Fill the Term that Expires 2/1/2011 WHEREAS, the Wappinger Town Board appoints members to the Zoning Board of Appeals, and WHEREAS, the Town of Wappinger Zoning Board of Appeals consists of five members, and WHEREAS, the term of incumbent Douglas Warren had expired on February 1St, 2006, and WHEREAS, Douglas Warren has served on the Zoning Board of Appeals in the interim, and WHEREAS, Douglas Warren resigned from the Zoning Board of Appeals on March 13th, 2007, and left a vacancy, and WHEREAS, the term needing to be filled expires on 2/1/2011, and WHEREAS, the Wappinger Town Board has conducted interviews and found Patrick McVeigh to be the individual capable of filling the vacancy for the Zoning Board of Appeals, and NOW, THEREFORE, BE IT RESOLVED, that Patrick McVeigh is hereby appointed to the Town of Wappinger Zoning Board of Appeals to a term that expires 2/1/2011. The foregoing was put to a vote which resulted as follows: ✓ Vote'Record - Resolution RES -20074 17 0 Adopted Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-120 Resolution Appointing Recreation Committee Member Until 2012 WHEREAS, the Wappinger Town Board appoints members to the Recreation Committee, and WHEREAS, the Town of Wappinger Recreation Committee consists of six members, and WHEREAS, there exists a vacancy on the Recreation Committee with a term that expires on 5/1/2012, and WHEREAS, the Wappinger Town Board has conducted interviews and found Uma Satyendra to be the individual capable of filling the vacancy for the Recreation Committee, and NOW, THEREFORE, BE IT RESOLVED, that Uma Satyendra is hereby appointed to the Town of Wappinger Recreation Committee to a term that expires 5/1/2012. Town of Wappinger Page 4 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record,- Resolution RES -2007-120 Yes/Aye Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ 11110 ❑ Tabled ❑ Withdrawn ❑ Tabled 13 Withdrawn Maureen McCarthy Seconder ® ❑ ❑ ❑ Joseph Paoloni Joseph Paoloni Voter ® ❑ 1 ❑ ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-121 Resolution Authorizing Refund of Unused Escrow for 30 Ketchamtown Road for Seeding WHEREAS, on or about March 23rd, 2007, O'Donnell Builders of Dutchess deposited One Thousand Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the property located at 30 Ketchamtown Road for seeding, and WHEREAS, O'Donnell Builders of Dutchess have requested a refund in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00), and has been approved by George Kolb, Director of Code Enforcement. 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 One Thousand Five Hundred Dollars and 00/100 ($1,500.00) made payable to O'Donnell Builders of Dutchess for the refund of the unused escrow deposited for the property located at 30 Ketchamtown Road. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-121 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter ® ❑ { ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator i ® a 11 ❑ I ❑ ❑ Joseph Paoloni Seconder ® ❑ 1 ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-122 Resolution Authorizing Return of Unused Escrow for 27 Whites Corner Lane for Swale WHEREAS, on or about January 0, 2006, O'Donnell's Inc. deposited Two Thousand Dollars and 00/100 ($2,000.00) with the Town of Wappinger for the property located at 27 Whites Corner Lane for Swale, and WHEREAS, O'Donnell's Inc. have requested a refund in the amount of Two Thousand Dollars and 00/100 ($2,000.00), and has been approved by George Kolb, Director of Code Enforcement, in a letter dated June 20th, 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 Two Thousand Dollars and 00/100 ($2,000.00) made payable to O'Donnell's Inc. for the refund of the unused escrow deposited for the property located at 27 Whites Corner Lane. Town of Wappinger Page 5 Printed 719/2007 Regular Meeting Minutes June 25, 2007 The foregoing was put to a vote which resulted as follows: Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-123 Resolution Authorizing Return of Unused Escrow for Performance Motors WHEREAS, on or about February 1St, 2006, Performance Motors of Dutchess opened escrow account number 01-3050 with the Town of Wappinger, and WHEREAS, Performance Motors of Dutchess has requested a refund in the amount of One Thousand, Nine Hundred Forty Dollars and 20/100 ($1,940.20), and has been approved by Jean Gallucci, Comptroller, in an audit dated May 19t11, 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 One Thousand, Nine Hundred Forty Dollars and 20/100 ($1,940.20) made payable to Performance Motors of Dutchess, Account Number 01-3050, for the refund of the unused escrow deposited. The foregoing was put to a vote which resulted as follows: %t#,' teaord - Ris6lution RES -2007-133 0 Adopted -_ ____ _ No/Nay Yes/A a __ _ _ Nq/Nay __ �_ Abstain --,- Absent ❑ Adopted as Amended Jose h Ruggiero --�_ _ _ Voter 0 _ ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vmcent Bettina Voter ❑ ❑ __. ❑ . 0 ❑Withdrawn 0 Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-123 Resolution Authorizing Return of Unused Escrow for Performance Motors WHEREAS, on or about February 1St, 2006, Performance Motors of Dutchess opened escrow account number 01-3050 with the Town of Wappinger, and WHEREAS, Performance Motors of Dutchess has requested a refund in the amount of One Thousand, Nine Hundred Forty Dollars and 20/100 ($1,940.20), and has been approved by Jean Gallucci, Comptroller, in an audit dated May 19t11, 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 One Thousand, Nine Hundred Forty Dollars and 20/100 ($1,940.20) made payable to Performance Motors of Dutchess, Account Number 01-3050, for the refund of the unused escrow deposited. The foregoing was put to a vote which resulted as follows: %t#,' teaord - Ris6lution RES -2007-133 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter ❑ ❑ 11 0 ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-124 Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Sidewalk District WHEREAS, the written Petition of Cranberry Hills LLC dated May 30th, 2007, executed by Glickenhaus Doynow Wappingers LLC, an authorized member of Cranberry Hills LLC, Petitioner, has been presented to and filed with the Town Board of the Town of Wappinger, New York, requesting the approval of a sidewalk district to be known as the "CRANBERRY HILLS SIDEWALK DISTRICT", which is more particularly described in the attached Map, Plan and Report for the Cranberry Hills Subdivision dated May 22nd, 2007, prepared by Paggi, Martin & Del Bene, LLP, and filed in the office of the Town Clerk; and WHEREAS, Cranberry Hills LLC is the owner of 100% of the property contained in the proposed sidewalk district; and WHEREAS, the properties to be included within the CRANBERRY HILLS SIDEWALK DISTRICT consist of those properties described in Exhibit "A" attached hereto and hereby incorporated herein; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Town of Wappinger Page 6 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 `Cranberry Hills Sidewalk District"', dated May 22"d, 2007, and relating to the establishment of the proposed sidewalk district, was prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town Clerk, and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report is in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, the improvements proposed consist of the construction and maintenance of a sidewalk system (and curbs) to serve the properties within said district in accordance with certain plans incorporated in the Map, Plan and Report and which is hereby approved and adopted by this Town Board and is now on file in the office of the Town Clerk; and WHEREAS, the Petitioner, Cranberry Hills LLC, shall construct said sidewalk system at its own expense and once the sidewalk improvements (including curbs) required for a given subdivision phase have been properly constructed to the satisfaction of the Town, the sidewalk improvements (including curbs) in such subdivision phase shall be transferred to the Town of Wappinger and/or the Cranberry Hills Sidewalk District at the same time as the proposed roads and rights of way for a subdivision phase are transferred without any cost to the Town, and all costs and expenses occasioned by the creation of this District shall be borne by the Petitioner, Cranberry Hills LLC; and WHEREAS, Cranberry Hills LLC shall install all sidewalk improvements (including curbs) referenced in the Map, Plan and Report and dedicate same to the District upon completion thereof for a given subdivision phase at the same time as the proposed roads and rights of way for a subdivision phase are transferred; and WHEREAS, the improvements to be constructed for the CRANBERRY HILLS SIDEWALK DISTRICT shall consist of 16,070± linear feet (3.04± miles) of four (4') foot wide concrete sidewalk and 38,016± linear feet (7.2± miles) of eighteen (18") inch high concrete curb with six (6") inch reveal as set forth in the Map, Plan and Report; and WHEREAS, the maintenance of all sidewalk, curbs and incidental improvements and expenses in connection therewith is more fully described in the Map, Plan and Report hereinbefore described; and WHEREAS, following the aforementioned Petitioner's construction and dedication of the improvements to the Town, the cost of and for maintaining the District shall be assessed, levied, and collected from the several lots and parcels of land within said district in proportion to the benefit which each lot and parcel of land in said district will derive therefrom as set forth in the Map, Plan and Report; and WHEREAS, the Map, Plan and Report, including an estimate of costs has been prepared in such manner and in such detail as has theretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of the proposed Sidewalk District of the Town of Wappinger, Dutchess County, New York, to be known as the CRANBERRY HILLS SIDEWALK DISTRICT; and WHEREAS, the maximum estimated cost of said improvements to the Town is $0; and WHEREAS, there are no start up fees proposed to the typical property in the CRANBERRY HILLS SIDEWALK DISTRICT; and WHEREAS, the estimated cost of the CRANBERRY HILLS SIDEWALK DISTRICT for the first year budget will be approximately $23,200, resulting in a cost to the typical property therein, equally divided among 232 lots of One Hundred and 00/100 Dollars ($100.00) per lot; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year costs to the typical property in the CRANBERRY HILLS SIDEWALK DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the office of the Town Clerk where the same is available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the Town Board determines that the creation of this Sidewalk District is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger, and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Park 617; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of the CRANBERRY HILLS SIDEWALK DISTRICT, all pursuant to §209-d of the Town Law. NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. Town of Wappinger Page 7 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 2. Public Hearing. The Town Board hereby determines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 19th day of July, 2007 at 6:45 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the CRANBERRY HILLS SIDEWALK DISTRICT described in the preambles hereof and to consider the Map, Plan and Report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or as shall be proper in the premises. 3. Postin . The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within the proposed CRANBERRY HILLS SIDEWALK DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than ten nor more than twenty days before the day set for the hearing as aforesaid. 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓Note Re orif' - Resolution' 804007-124 ' Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder m ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator m ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-125 Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Drainage District WHEREAS, the written Petition of Cranberry Hills LLC dated May 30th, 2007, executed by Glickenhaus Doynow Wappingers LLC, an authorized member of Cranberry Hills LLC, Petitioner, has been presented to and filed with the Town Board of the Town of Wappinger, New York requesting the approval of a drainage district to be known as the "CRANBERRY HILLS DRAINAGE DISTRICT", which is more particularly described in the attached Map, Plan and Report for the Cranberry Hills Subdivision dated May 22nd, 2007, prepared by Paggi, Martin & Del Bene, LLP, and filed in the office of the Town Clerk; and WHEREAS, Cranberry Hills LLC is the owner of 100% of the property contained in the proposed drainage district; and WHEREAS, the properties to be included within the CRANBERRY HILLS DRAINAGE DISTRICT consist of those properties described in Exhibit "A" attached hereto and hereby incorporated herein; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the "Cranberry Hills Drainage District", dated May 22nd, 2007 and relating to the establishment of the proposed drainage district, was prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town Clerk, and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report is in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, the improvements proposed consist of the construction and maintenance of a drainage system to serve the properties within said district in accordance with certain plans incorporated in the Map, Plan and Report and which is hereby approved and adopted by this Town Board and is now on file in the office of the Town Clerk; and WHEREAS, the Petitioner, Cranberry Hills LLC, shall construct said drainage system at its own expense and once the drainage facilities required for a given subdivision phase have been properly constructed to the satisfaction of the Town, the drainage facilities shall be transferred to Town of Wappinger Page 8 Printed 719/2007 Regular Meeting Minutes June 25, 2007 the Town of Wappinger and/or the Cranberry Hills Drainage District, without any cost to the Town, and all costs and expenses occasioned by the creation of this District shall be borne by the Petitioner, Cranberry Hills LLC; and WHEREAS, Cranberry Hills LLC shall install all improvements referenced in the Map, Plan and Report and dedicate same to the District upon completion thereof for a given subdivision phase; and WHEREAS, the improvements to be constructed for the CRANBERRY HILLS DRAINAGE DISTRICT shall be the stormwater facilities outside the limits of the Town road rights-of-way and shall consist of 28 outlet control structures, 6,990± L.F. of piping, 27 detention ponds, streams, drains, wetlands, rip -rap inlet and outlet protection and 11 grass swales, as set forth in the Map, Plan and Report; and WHEREAS, the maintenance of all drainage easements and incidental improvements and expenses in connection therewith is more fully described in the Map, Plan and Report hereinbefore described; and WHEREAS, following the aforementioned Petitioner's construction and dedication of the improvements to the Town, the cost of and for maintaining the District shall be assessed, levied, and collected from the several lots and parcels of land within said district in proportion to the benefit which each lot and parcel of land in said district will derive therefrom as set forth in the Map, Plan and Report; and WHEREAS, the Map, Plan and Report, including an estimate of costs has been prepared in such manner and in such detail as has theretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of the proposed Drainage District of the Town of Wappinger, Dutchess County, New York, to be known as the CRANBERRY HILLS DRAINAGE DISTRICT; and WHEREAS, the maximum estimated cost of said improvements to the Town is $0; and WHEREAS, there are no hook-up fees proposed to the typical property in the CRANBERRY HILLS DRAINAGE DISTRICT; and WHEREAS, the estimated cost of the CRANBERRY HILLS DRAINAGE DISTRICT for the first year budget will be approximately $58,000, resulting in a cost to the typical property therein, equally divided among 232 lots of Two Hundred Fifty and 00/100 Dollars ($250.00) per lot; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year costs to the typical property in the CRANBERRY HILLS DRAINAGE DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the office of the Town Clerk where the same is available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the Town Board determines that the creation of this Drainage District is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger, and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Park 617; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of the CRANBERRY HILLS DRAINAGE DISTRICT, all pursuant to §209-d of the Town Law. NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. Public Hearing. The Town Board hereby determines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 19`h day of July, 2007, at 6:45 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the CRANBERRY HILLS DRAINAGE DISTRICT described in the preambles hereof and to consider the Map, Plan and Report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or as shall be proper in the premises. 3. Posting. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within the proposed CRANBERRY HILLS DRAINAGE DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than Town of Wappinger Page 9 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 ten nor more than twenty days before the day set for the hearing as aforesaid. 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓NVbtelt d,,ResolutlonKES-2007*12 0 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ 13 Defeated ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25 , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-126 Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Street Lighting District WHEREAS, the written Petition of Cranberry Hills LLC dated May 30th, 2007, executed by Glickenhaus Doynow Wappingers LLC, an authorized member of Cranberry Hills LLC, Petitioner, has been presented to and filed with the Town Board of the Town of Wappinger, New York requesting the approval of a lighting district to be known as the "CRANBERRY HILLS STREET LIGHTING DISTRICT", which is more particularly described in the attached Map, Plan and Report for the Cranberry Hills Subdivision dated June 1St, 2007, prepared by Paggi, Martin & Del Bene, LLP, filed in the office of the Town Clerk; and WHEREAS, Cranberry Hills LLC is the owner of 100% of the property contained in the proposed lighting district; and WHEREAS, the properties to be included within the CRANBERRY HILLS STREET LIGHTING DISTRICT consist of those properties described in Exhibit "A" attached hereto and hereby incorporated herein; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the "Cranberry Hills Street Lighting District", dated June 1St, 2007 and relating to the establishment of the proposed lighting district, was prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town Clerk, and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report is in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, the improvements proposed consist of the construction and maintenance of a lighting system (light fixtures, lamp posts, fixtures, brackets, photocells, refractors, glass/plastic globes, bulbs, wiring, conduits, etc.) within the rights of way to serve the properties within said district in accordance with certain plans incorporated in the Map, Plan and Report and which is hereby approved and adopted by this Town Board and is now on file in the office of the Town Clerk; and WHEREAS, the Petitioner, Cranberry Hills LLC, shall construct said lighting system at its own expense and once the lighting facilities required for a given subdivision phase have been properly constructed to the satisfaction of the Town, the lighting facilities shall be transferred to the Town of Wappinger and/or the Cranberry Hills Street Lighting District, at the same time as the new roads and sidewalks within a phase are conveyed, without any cost to the Town, and all costs and expenses occasioned by the creation of this District shall be borne by the Petitioner, Cranberry Hills LLC; and WHEREAS, Cranberry Hills LLC shall install all improvements referenced in the Map, Plan & Report and dedicate same to the District upon completion thereof at the same time as the new roads and sidewalks within a phase are conveyed; and WHEREAS, the improvements to be constructed for the CRANBERRY HILLS STREET LIGHTING DISTRICT shall consist of light fixtures, lamp posts, fixtures, brackets, photocells, refractors, glass/plastic globes, bulbs, wiring, conduits, etc. as set forth in the Map, Plan and Report; and WHEREAS, the maintenance of all lighting improvements and expenses in connection therewith is more fully described in the Map, Plan and Report hereinbefore described; and WHEREAS, following the aforementioned Petitioner's construction and dedication of Town of Wappinger Page 10 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 the improvements to the Town, the cost of and for maintaining the District shall be assessed, levied, and collected from the several lots and parcels of land within said district in proportion to the benefit which each lot and parcel of land in said district will derive therefrom as set forth in the Map, Plan & Report; and WHEREAS, the Map, Plan and Report, including an estimate of costs has been prepared in such manner and in such detail as has theretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of the proposed Lighting District of the Town of Wappinger, Dutchess County, New York, to be known as the CRANBERRY HILLS STREET LIGHTING DISTRICT; and WHEREAS, the maximum estimated cost of said improvements to the Town is $0; and WHEREAS, there are no start up fees proposed to the typical property in the CRANBERRY HILLS STREET LIGHTING DISTRICT; and WHEREAS, the estimated cost of the CRANBERRY HILLS STREET LIGHTING DISTRICT for the first year budget will be approximately $99,760, resulting in a cost to the typical property therein, equally divided among 232 lots of Four Hundred Thirty and 00/100 Dollars ($430.00) per lot; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year costs to the typical property in the CRANBERRY HILLS STREET LIGHTING DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the office of the Town Clerk where the same is available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the Town Board determines that the creation of this Lighting District is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger, and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Park 617; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of the CRANBERRY HILLS STREET LIGHTING DISTRICT, all pursuant to §209-d of the Town Law. NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. Public Hearing. The Town Board hereby determines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 19th day of July, 2007 at 6:45 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the CRANBERRY HILLS STREET LIGHTING DISTRICT described in the preambles hereof and to consider the Map, Plan and Report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or as shall be proper in the premises. 3. Posting. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within the proposed CRANBERRY HILLS STREET LIGHTING DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than ten nor more than twenty days before the day set for the hearing as aforesaid. 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-126 YeyAye Nom Abstain Absent ❑ Adopted Adopted as Amended Joseph Ruggiero - Votq ® ❑ _ ..._ ._ d ❑ ❑ Defeated i William Beale Seconder ® ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Initiator 0 a ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 11 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 RESOLUTION: 2007-127 Resolution Naming Recreation Drive WHEREAS, there exists a road in the Town of Wappinger without a name, and WHEREAS, the road is off of Robinson Lane and goes into the Town of Wappinger Recreation Park, and WHEREAS, it is important to name this road in order to assist emergency personnel with location, and WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has suggested the road be named "Recreation Drive", and WHEREAS, Ralph Holt, Chairman of the Recreation Commission, has agreed that naming this road would be helpful to the Town, and WHEREAS, Jim Tompkins, Program Assistant for Dutchess County Emergency Response, has determined that there are no immediate conflicts with the name "Recreation Drive." NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes formally naming the Robinson Lane Recreation Park main entrance road Recreation Drive. The foregoing was put to a vote which resulted as follows: ,'3o_tao 2007-t3T Yes/Aye i No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 4 ❑ ❑ Tabled feated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-128 Resolution Introducing Local Law No. of the Year 2007, "Local Law Amending Sections 230-46, 230-47, and 230-48 of the Code of the Town of Wappinger, to Prohibit Parking, Stopping or Standing on Both Sides of Recreation Drive from its Intersection with Robinson Lane Easterly for a Distance of 300 Feet" WHEREAS, Recreation Drive is the entrance to the Town of Wappinger Robinson Lane Recreation Field, a major sports complex owned and maintained by the Town of Wappinger at which numerous recreational and athletic events occur on a seasonal basis; and WHEREAS, the Town Board has received a request from a neighboring resident that parking be prohibited on both sides of Recreation Drive from its intersection with Robinson Lane in the Town of Wappinger; and WHEREAS, the resident has indicated that many cars and automobiles park on or near the entrance to Recreation Drive making the entrance hazardous for other motorists and pedestrians entering into the Recreation Field as well as parking on adjacent properties of the abutting homeowners; and WHEREAS, the Town Superintendent of Highways, Graham Foster, has concurred in this request and has recommended that parking be prohibited along both sides of Recreation Drive easterly from its intersection with Robinson Lane for a distance of 300 feet; and WHEREAS, the Town Engineer, Joseph E. Paggi, Jr., and Ralph Holt, Chairman of the Town of Wappinger Recreation Committee concur in the Highway Superintendent's recommendation; and 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. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and Section 117-5 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Town of Wappinger Page 12 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of the annexed Local Law No. of 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 19th day of July, 2007, at 6:45 P.M. and the Town Clerk is hereby directed to post and publish the 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, as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-128 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ® ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-129 Resolution Introducing Local Law No. of 2007 Regarding Amendments to the Town Code Based Upon Site Planning Roundtable Discussions WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code should be amended based upon the Site Planning Roundtable Discussions held by the Town in association with the New York State Department of Environmental Conservation's Hudson River Estuary Program and the Dutchess County Environmental Management Council (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I 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, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 2007 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Town Code as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2007 for 6:45 PM on the 19th day of July, 2007 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. 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 public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; Town of Wappinger Page 13 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice 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 public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: Dated: Wappingers Falls, New York June 25 , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-130 Resolution Authorizing Inez Maldonado, Charles Reinhardt and Debra Brown to Attend the Office of the State Comptroller Accounting Training WHEREAS, Jean Gallucci, Comptroller, has requested authorization to send Inez Maldonado, Charles Reinhardt and Debra Brown to the "Introduction to Governmental Accounting" school being offered by the New York State Comptroller's Office, and WHEREAS, the class takes place October 23rd through October 25th in Kingston and costs Eighty Dollars and 00/100 ($80.00) per person, with the total cost being Two Hundred and Forty Dollars and 00/100 ($240.00). NOW, THEREFORE, BE IT RESOLVED, Jean Gallucci, Comptroller, has authorization to send Inez Maldonado, Charles Reinhardt and Debra Brown to the "Introduction to Governmental Accounting" school being held in Kingston and offered by the New York State Comptroller's Office that takes place October 23rd through the 25th, 2007 with the total cost not to exceed Two Hundred and Forty Dollars and 00/100 ($240.00). The foregoing was put to a vote which resulted as follows: I nRJCS400,7MA0 Yes/Aye No/Nay Yes/Aye No/Nay Abstain Absent ® Adopted 0 Jos h Ru 'ero — Voter _ _ __._ 0 ❑ a ❑ ❑ ❑ Adopted as Amended ❑ William Beale Voter ® ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Maureen McCarthy Initiator 0 Li❑ 0 ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 0 ❑ ❑ Dated: Wappingers Falls, New York June 25 , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-130 Resolution Authorizing Inez Maldonado, Charles Reinhardt and Debra Brown to Attend the Office of the State Comptroller Accounting Training WHEREAS, Jean Gallucci, Comptroller, has requested authorization to send Inez Maldonado, Charles Reinhardt and Debra Brown to the "Introduction to Governmental Accounting" school being offered by the New York State Comptroller's Office, and WHEREAS, the class takes place October 23rd through October 25th in Kingston and costs Eighty Dollars and 00/100 ($80.00) per person, with the total cost being Two Hundred and Forty Dollars and 00/100 ($240.00). NOW, THEREFORE, BE IT RESOLVED, Jean Gallucci, Comptroller, has authorization to send Inez Maldonado, Charles Reinhardt and Debra Brown to the "Introduction to Governmental Accounting" school being held in Kingston and offered by the New York State Comptroller's Office that takes place October 23rd through the 25th, 2007 with the total cost not to exceed Two Hundred and Forty Dollars and 00/100 ($240.00). The foregoing was put to a vote which resulted as follows: I nRJCS400,7MA0 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25 , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-131 J_ Resolution Introducing Local Law No. of the Year 2007, "Mandatory Private Well Testing" In the Town of Wappinger WHEREAS, it has come to the attention of the Town Board that there is a need to establish minimum water quality standards for residential and non-residential private water sources in the Town of Wappinger; and WHEREAS, the Town Board will accomplish this goal by requiring mandatory private well testing for residential and non-residential properties in the Town of Wappinger; 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 requiring private well testing of residential and non-residential properties to insure minimum safe water quality standards for its citizens; and Town of Wappinger Page 14 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 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, 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 consideration of its adoption proposed Local Law No._ of the Year 2007 in the form annexed hereto, the 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 Code. 4. The Town Board hereby schedules a Public Hearing regarding the proposed adoption of the annexed Local Law No. of the Year 2007 for 7:30 P.M., on the 9th day of July, 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. The foregoing was put to a vote which resulted as follows: ✓ Vote Record'- Resolution RES=2007431 0 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 11 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Initiator 0 j ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25 , 2007 The Resolution is hereby duly declared adopted. VI. Unanimous Consent 1. Motion To: add Resolution 2007-132 to the agenda by unanimous consent ADOPTED [UNANIMOUS] Maureen McCarthy, Councilwoman William Beale, Councilman Joseph Ruggiero, 'William Beale, Maureen McCarthy, Joseph Paoloni Vincent Bettina RESOLUTION: 2007-132 Resolution Amending Town Board Schedule of Meetings WHEREAS, the Town Board has heretofore established a Schedule of Town Board Meetings for Calendar Year 2007; and WHEREAS, the Town Board scheduled meetings for the second and fourth Monday of every month, and WHEREAS, the Supervisor has requested that the Schedule of Town Board Meetings for the months of July and August be amended. 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 Meetings scheduled for July 23rd, 2007, at 7:30 p.m., and August 13th, 2007, are hereby cancelled. 3. The Town Clerk is hereby directed to publish the new dates of the Board Town of Wappinger Page 15 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 meetings. 4. The regularly scheduled Town Board Meetings heretofore established by the Town Board shall be resumed commencing with the August 27th, 2007, Town Board Meeting. The foregoing was put to a vote which resulted as follows: Dated: Wappingers Falls, New York June 25 , 2007 The Resolution is hereby duly declared adopted. VII. New Business 1. Councilman Beale new business Councilman Beale thanked the Town Highway Superintendent, Graham Foster, for installing "Children at Play" signs on Bowdoin Lane. 2. Supervisor Ruggiero new business Supervisor Ruggiero stated that there was a section of sidewalk that he was concerned about in the area of Brookside Gardens Apartments. Graham Foster, Town Highway Superintendent, commented that the Town maintains the section that extends to the Brookside Gardens driveway. Supervisor Ruggiero went on to say that the grass is overgrown in that area. Mr. Foster replied that the Town hasn't mowed that in the past but will take care of it now. VIII. Executive Session 1. Motion To: go into Executive Session at 8:22 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina B. Personnel Issue 2. Motion To: come out of Executive Session at 9:01 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina J�� Town of Wappinger Page 16 Printed 7/9/2007 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter ® ❑ 13 ❑ Adopted as Amended William Beale Voter ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator ® O ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder ® ❑ ❑ ❑ Dated: Wappingers Falls, New York June 25 , 2007 The Resolution is hereby duly declared adopted. VII. New Business 1. Councilman Beale new business Councilman Beale thanked the Town Highway Superintendent, Graham Foster, for installing "Children at Play" signs on Bowdoin Lane. 2. Supervisor Ruggiero new business Supervisor Ruggiero stated that there was a section of sidewalk that he was concerned about in the area of Brookside Gardens Apartments. Graham Foster, Town Highway Superintendent, commented that the Town maintains the section that extends to the Brookside Gardens driveway. Supervisor Ruggiero went on to say that the grass is overgrown in that area. Mr. Foster replied that the Town hasn't mowed that in the past but will take care of it now. VIII. Executive Session 1. Motion To: go into Executive Session at 8:22 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina B. Personnel Issue 2. Motion To: come out of Executive Session at 9:01 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina J�� Town of Wappinger Page 16 Printed 7/9/2007 Regular Meeting Minutes June 25, 2007 IX. Adjournment 1. Motion To: adjourn at 9:01 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, JosephPaoloni ABSENT: Vincent Bettina The Meeting Adjourned at 9:01 PM. - --C �fl A L,� J n C. M t:erson Town Clerk Town of Wappinger Page 17 Printed 7/9/2007