2007-07-09 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
July 9th, 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 July 91h, 2007 at Town Hall, 20 Middlebush Rd, Wappingers
Falls, NY.
I. Call to Order
II. Minutes Approval
III. Correspondence Log
2007-133. Resolution Authorizing the Acceptance of the Correspondence Log
IV. Public Hearings
1. Resolution Introducing Local Law No. of the Year 2007, Creating
Chapter 227 of the Town Code, Towing
2. Local Law No. of the Year 2007, "Mandatory Private Well
Testing In the Town of Wappinger"
V. Public Portion on Agenda Items
VI. Discussion
A. Obercreek — Stony Kill Farm Presentation
B. United Wappinger Water Update — Jay Paggi
VII. Resolutions
2007-134. Resolution Authorizing Refund of Unused Escrow for 55 Hackensack
Heights Road for Seeding
2007-135. Resolution Authorizing Refund of Unused Escrow for 63
Ketchamtown Road for Seeding
2007-136. Resolution Accepting First Reduction in the Security Posted with the
Performance Agreement Secured by a Surety Bond for the Shamrock
Hills Subdivision
2007-137. Resolution Authorizing Members of the Sports Museum of Dutchess
County to Use the Cafeteria and Chapel at Carnwath for the Beacon
Bears Event
2007-138. Resolution Authorizing Budget Amendments
2007-139. Resolution Introducing Local Law No. of the Year 2007,
Creating Chapter 66 of the Town Code, "Ambulance Notification"
2007-140. Resolution Adopting Local Law No. of the Year 2007,
"Mandatory Private Well Testing" in the Town of Wappinger
2007-141. Resolution Adopting Local Law No. of the Year 2007, Creating
Chapter 227 of the Town Code, Towing
VIII. New Business
IX. Executive Session
A. Personnel Matter
B. AW Scrap
C. Absolute Property
X. Resolutions
2007-142. Resolution from Executive Session Regarding Personnel Issue
2007-143. Resolution Appointing Hearing Officer
XI. Adjournment
Town of Wappinger 20 Middlebush Road
Wappingers Falls, NY 12590
Regular Meeting townofwappinger.us
— Minutes — Chris Masterson
Monday, July 9th, 2007 7:30 PM Town Hall
I. Call to Order
Supervisor Ruggiero called the Meeting to order at 7:33 PM.
Attendee Name
Organization
'Title
Status Arrived
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
Absent
Supervisor Ruggiero asked that the record reflect that Councilman Bettina would not be
present due to a family emergency and Councilman Paoloni is out of the State on business.
Correspondence Log
RESOLUTION: 2007-133
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 -2007-133
Yes/Aye _
No/Nay
Abstain
Absent
B Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
❑ Adopted as Amended
William Beale
Seconder
EI
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
❑
❑
❑
0
❑ Tabled
Maureen McCarthy
Initiator
0
❑
❑
❑
❑ Withdrawn
Jos h Paoloni
Voter
❑
❑
❑
a
Dated: Wappingers Falls, New York
July 09t , 2007
Public Hearings
The Resolution is hereby duly declared adopted.
Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 227 of the
Town Code, Towing
Supervisor Ruggiero opened the Public Hearing at 7:34 PM. Town Clerk Chris
Masterson offered for the record the Affidavits of Posting and Publication, duly signed and
notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public
Hearing). Supervisor Ruggiero summarized the Local Law and asked if there were any
comments from the public. There were no comments from the public. Councilwoman McCarthy
made a motion to close the public hearing at 7:35 PM. The motion was seconded by Councilman
Beale and passed unanimously. The Public Hearing was closed at 7:35 PM.
RESULT: CLOSED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER: William Beale, Councilman
AYES: Joseph Ruggiero, William Beale, Maureen McCarthy
ABSENT: Vincent Bettina, Joseph Paoloni
Town of Wappinger Page 1 Printed 7/26/2007
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW
CREATING CHAPTER 227 OF THE TOWN CODE, TOWING
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
John C. Masterson, being duly sworn, deposes and says:
That he is the duly elected, qualified and acting Town Clerk of the Town of
Wappinger, County of Dutchess and State of New York.
That on June 14th, 2007, your deponent posted a copy of the attached Notice
of Public Hearing on the proposed Local Law creating Chapter 227 of the
Town Code, Towing, on the signboard maintained by your deponent in his
office in the Town Hall of the Town of Wappinger, 20 Middlebush Road,
Wappingers Falls, Dutchess County, New York.
'�)ac - -W4'L'
31hn C. ,asterson
Town Clerk
Town of Wappinger
Sworn to before me the 14th
ay June, 2007
NOTARY P BLIC
MARIA GILBRIDE
Notary Public, State of New York
Reg. No. OIG15087374
Qualified in DutchPss Co n
QQ>11MIs Ion Expires Nov. 3,
SOUTHERN DUTCHESS NEWS
BEACON FREE PRESS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 12S90
D. -)t WAPPINGERS FALLS, TOWN
imP.O. BOX 324
WAPPINGERS FALLS, NY 12S90
Re: Legal notice #77857
State of NEW YORK
Count, of DUTCHESS
T, TINA HEATH, being dulv sworn, de:osc<and
say: that I am the PURL TSHER of Southern
Dutchess News, a weekly newspaper of general
circulation published in WAPPINGERS FALLS,,
Coonty of D(ACHESS, Slate of NEW YORK; and
that a notice, of which the annexed is a
printed copy; was duly published in Southern
Dutchess Ne ll 06120/07.
;11i!
:1a:
51: am to before me this 20th day of June, 2007
rV1—VQ* IE N
Notary Public, State of NEW YORK—
No. 14-8240?60
Oualified in DUTCHESS County
MY 00MOSSion explreS on May 16, 2011
RECENF1
JUN 2 2 2007
TOWN CLER1
Poughkeepsie Journal
Poughkeepsie, N.Y.
FFIDAVIT OF PUBLICATION
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi , of the City of Poughkeepsie,
-10
that at the several times hereinafter mentioned he/she
was. and still is. the Principle Clerk of the Poughkeepsie
Newspapers Division of Gannett Satellite Information
Network, Inc., publisher of the Poughkeepsie Journal, a
in
n,
F
o
2007 in the city of Poughkeepsie, Dutchess County,
New York, and that the annexed Nod 'I91ion
Ta
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi , of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says
that at the several times hereinafter mentioned he/she
was. and still is. the Principle Clerk of the Poughkeepsie
Newspapers Division of Gannett Satellite Information
Network, Inc., publisher of the Poughkeepsie Journal, a
newspaper printed and published every day in the year
2007 in the city of Poughkeepsie, Dutchess County,
New York, and that the annexed Nod 'I91ion
published in the said newspaper for weeks
successively, in each week, commencing on the
20th day of 4une in the year of 2007
and on the following dates thereafter, namely on:
and ending on the 1 day of in
k
the year of 2007 ,both days inclusive.
i
?? rI'!
Subsc ' ed, and sworn to before me this 6 � s day
of W in the year of 2007
Notw Public
My commission expires d �%
Lww
Nei
Regular Meeting Minutes July 9, 2007
Local Law No. of the Year 2007, "Mandatory Private Well Testing" In the Town of
Wappinger
Supervisor Ruggiero opened the Public Hearing at 7:35 PM. Town Clerk Chris
Masterson offered for the record the Affidavits of Posting and Publication, duly signed and
notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public
Hearing). Town Clerk Chris Masterson read a letter that was sent from the Town of East Fishkill
Supervisor, John Hickman. This was a letter of support for the Well Testing Local Law.
Supervisor Ruggiero asked the Town Clerk to enter the letter into the Minutes of the Public
Hearing.
Supervisor Ruggiero opened the floor to public comments and asked Al Roberts, Town
Attorney, to summarize the Local Law. Joan Pagones, Supervisor of the Town of Fishkill, was
present to comment. Supervisor Pagones submitted a letter of support, which the Town Clerk
proceeded to read.
Steve Ferguson, Deputy Supervisor for the Town of Fishkill, commended the Town of
Wappinger for taking action regarding the Local Law. Deputy Supervisor Ferguson felt that this
matter should have been addressed on the County level.
Harry Lynch, a member of the Dutchess County Board of Health, wished the Town of
Wappinger the best of luck in getting the Law passed. Mr. Lynch feels that well testing should
be carried out at the County level.
Fred Thomas, a Town resident, asked who would be funding the well testing. Supervisor
Ruggiero explained that the buyer would be responsible to pay for the well test at the time of the
sale of the home. It is not a mandatory, "across the board", well testing law. It does not require
every home owner to go out immediately and test their well. Councilman Beale echoed the fact
that the cost of the test would fall on the purchaser. He went on to say that he could not find
anything in the Assembly version of the bill that required the purchaser to pay for it. He asked
why the Town version assigns the responsibility to the purchaser. Supervisor Ruggiero
explained that the original version left the responsibility open to negotiation between the buyer
and the seller. Two Town Councilmembers asked that the bill be amended to assign the
responsibility to the purchaser. Councilman Beale then asked how the Town would be able to
enforce well testing for rental properties. Supervisor Ruggiero replied that the Town could
provide educational resources for the residents. The residents that rent could also notify the
Town if they have not been informed about test results. Councilman Beale then asked if there
was a time limit to get the well test done. Supervisor Ruggiero answered that the Town does not
dictate the timeframe of the test. He went on to say that it would be in the applicant's best
interest to do the well test at the time of the municipal search.
Councilman Beale stated that lie reviewed the bills of other municipalities and finds gray
areas in the Wappinger version. Supervisor Ruggiero asked for specific examples. Councilman
Beale replied that an example was the topic of rental properties. He also felt that the Town
should set time limits for the execution of the well test. Supervisor Ruggiero replied that this
would be mandating timeframes that the Town cannot control. Councilman Beale commented
that the New York State Assembly sets a timeframe. Supervisor Ruggiero explained that the
Town does not have the authority to do that.
Councilman Beale pointed out that two of the Board members were not present and feels
that there are questions that are not answered. Supervisor Ruggiero answered that he feels lie has
answered all of the Councilman's questions. Councilman Beale stated that the two absent
Councilmeinbers should have an opportunity to be a part of the adoption of the Local Law.
Supervisor Ruggiero replied that the Councilmembers were present to set the Public Hearing and
knew that this would be before the Board at this meeting. He asked if there were any specific
questions that the Councilman would like answered. Councilman Beale stated that the Law
should be more specific in regards to rental properties. Discussion followed. Councilman Beale
again commented that he feels the entire Board should be present. Supervisor Ruggiero
answered that the item was going to be voted on and the Councilman was free to vote against it.
Supervisor Ruggiero made a motion to close the Public Hearing. The motion was
seconded by Councilwoman McCarthy. Supervisor Ruggiero and Councilwoman McCarthy
voted "aye" and Councilman Beale voted "nay".
Town of Wappinger Page 2 Printed 7/26/2007
Regular Meeting Minutes July 9, 2007
RESULT: DEFEATED
MOVER:
Joseph Ruggiero, Supervisor
SECONDER:
Maureen McCarthy, Councilwoman
AYES:
Joseph Ruggiero, Maureen McCarthy
ABSTAIN:
William Beale
ABSENT:
Vincent Bettina, Joseph Paoloni
The Public Hearing remained open. Supervisor Ruggiero explained that the Public
Hearing would remain open until there was a vote. Councilman Beale made a motion to extend
the Public Hearing until a later date and time so that the whole Board could be present. There
was no second for the motion.
Councilman Beale made a motion to close the Public Hearing. The motion was seconded
by Councilwoman McCarthy and passed unanimously. The Public Hearing was closed at 7:56
PM.
RESULT: CLOSED [UNANIMOUS]
MOVER: William Beale, Councilman
SECONDER: Maureen McCarthy, Councilwoman
AYES: Joseph Ruggiero, William Beale, Maureen McCarthy
ABSENT: Vincent Bettina, Joseph Paoloni
Town of Wappinger Page 3 Printed 7/26/2007
T�'
,loan A. Tagones
Town of Fishkill Supervisor
(845) 831-7800 * 3309
(845) 831-1706 fax
tof@fishkill-ny.gov
To: Supervisor Joseph Ruggiero &
Members of the Wappinger Town Board
From: Joan A. Pagones, Supervisor
Re: Wappinger Well Testing Law
Date: July 9, 2007
Fishkill Town Hall
807 Route 52
Fishkill, NY 12524
www.fishkill-ny.yov
It is my understanding you will consider a vote on your proposed well testing law this
evening. We request you vote yes.
The Town of Fishkill will consider its vote on Saturday, July 14, 2007.
Unfortunately, our Towns and the Towns of East Fishkill face this decision due to the
failure of Dutchess County Government to act on a comprehensive well testing law.
Local Governments exist primarily for the provision of public safety. Potable water is
essential to our residents.
The Town of Wappinger is to be commended for addressing the issue. We look forward
to our vote on Saturday, July 14, 2007, as we join you in passing a well testing law.
Sincerely, ^
Joan A. nes, Supervisor
Town of Fishkill
JAP/pmg
cc: Hon. John Hickman, Supervisor Town of East Fishkill
"--k-
09. 11. 01
remembered
ir- JUL GUUI !r!U f1G'CC f[t 1111) RUL)OUII IILD rtiA m. oq!D4tic431 f F. u-j/u:3
TO: Supervisor Joseph Ruggiero & Town Board REC V\0-0
FROM: Santo Tambone JUL 1 12001
RE: Mandatory Well Testing Law
DATE: July 12, 2007 TOWN CLERK
Dear Supervisor Ruggiero and members of the Town Board,
I would like to commend you in taking action to protect our water supply
and to identify sources of ground water contamination through the proposed
legislation. It is an admirable and responsible undertaking.
I have reviewed the proposed local law and respectfully offer the following
comments. I find that the proposal of mandatory testing being tied into the
transfer of property will not provide enough data in a reasonable time frame
to be of value. As an example if in a given year there are approximately
2300 property transfers within the County (based on records kept by Mid -
Hudson Multiple Listing Service). Measure this against the approximate
total of 110,000 parcels and you can see that the data collected will be
minimal and it will take several years to develop a workable GIS model that
will include stale data. Mandatory well testing of all private wells within a
specific time frame will be of greater value. Let us say that you require the
well test once every five year period, this will provide data for every well in
your Town in five years at the latest. This would be a much more desirable
resource.
Additionally, many residents may not sell their home for 10, 20 or 30 years
and will raise families where the drinking water may be contaminated. At
the time they sell their home they will be mandated to insure water quality
for the new resident. The law does not give equal consideration to this
larger number of constituents and provide encouragement for them to test
their wells.
You are in the unique position to create a template that can be incorporated
by other towns and/or the County for standardization of mandatory well
testing. Take your time and let us not rush into it. .1 believe some will say
this law is something which is better than nothing. I say do it right the first
time because I believe that once a law is passed the probability of it being
changed is very slim.
1G-JUL-GUU( inV icIce III iiiu 11UuaUtx ILLO MA AU. a4J40O4J1 f i. UJAM
Thank you for the opportunity to make these comments. I am at your
disposal for any additional discussion.
Respectfially submitted,
261V 1 �d4 w
Santo Tambone
845 485-7960
Page 1 of 1
Gina Basile
From: John Hickman
Sent: Monday, July 09, 2007 1:58 PM
To: Joe Ruggiero
Subject: Letter for Tonight' s Meeting
Supervisor Ruggerio,
Please read this letter of support at your meeting tonight. Thanks.
JH
July 9, 2007
Dear Supervisor Ruggerio and members of the Town Board,
Due to a scheduling conflict I am unable to attend tonight's Wappinger Town Board public hearing on the
proposed well testing law. However, I would like to go on the record stating that I wholeheartedly support this
bill.
The Town of East Fishkill has numerous private wells and, unfortunately, some areas of our Town have been
seriously impacted due to water contamination. Certainly, the protection of our water resources and, thus, the
health and safety of our constituents is a matter that cannot be understated. If such critical issues have to be
addressed at the local level, I am confident that by working together we can achieve these goals.
On July 26th the East Fishkill Town Board will open our public hearing for the private well testing law. I look
forward to working with the Towns of Wappinger and Fishkill in the implementation of such important
legislation. Thank you.
Respectfully,
John Hickman, Supervisor
Town of East Fishkill
7/9/2007
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW
FOR "MANDATORY PRIVATE WELL TESTING" IN THE TOWN OF
WAPPINGER
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
John C. Masterson, being duly sworn, deposes and says:
That he is the duly elected, qualified and acting Town Clerk of the Town of
Wappinger, County of Dutchess and State of New York.
That on June 25th, 2007, your deponent posted a copy of the attached Notice
of Public Hearing on the proposed Local Law for "Mandatory Private Well
Testing" in the Town of Wappinger, on the signboard maintained by your
deponent in his office in the Town Hall of the Town of Wappinger, 20
Middlebush Road, Wappingers Falls, Dutchess County, New York.
Fhn C. terson
Town Clerk
Town of Wappinger
Sworn to before me the 27th
day f June, 2 7
NOT_ ARY UBLIC
Nota MARIA GILBRIOE
rI► Pblic, State of New
Rei No.OlG150873T4
Qualified in Dutchoss Cou
Commission Expires Now. 3.
RECFIVFD
F A N F 'Pl. F F P lrF JUL 112007
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TOWN CLERK
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Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
State of New York RECENFi j
County of Dutchess JUL 0 6 2001
City of Poughkeepsie
TOWN CLERK
Rita Lombardi , of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says
that at the several times hereinafter mentioned he/she
was and still is the Principle Clerk of the Poughkeepsie
Newspap,ersr Division of Gannett Satellite information
Network, Inc., publisher of the Poughkeepsie Journal, a
newspaper printed and published every day In the year
2007 in the city of Poughkeepsie, Dutchess County,
New York, and that the annexed Notice was duly
published in the said newspaper for one inse we on
successively, in each week, commencing on the
27th day of ,lune in the year of 2007
and on the following dates thereafter, namely on:
and ending on the day of in
the year of 2007 ,both days inclusive.
cribed a "
n sworn to before me this day
of in the year of 2007
Notary Public
MAUREEN CIESLUK
NOTARY PUBLICLIC,, STATIfB9fcbHH@R1'bn expires
N0.01 015096485
QUALIFIED IN DUTCHESS COUNTY
COMMISSION EXPIRES OCTOBER 14, 200
Regular Meeting Minutes July 9, 2007
IV. Discussion
A. Obercreek - Stony Kill Farm Presentation
Supervisor Ruggiero opened the discussion at 7:56 PM. Alex Reese was present to
address the Board. He explained that he had given a presentation to the Board nearly a year ago
about the vision for Obercreek Farms. Mr. Reese gave a brief description of that property and
explained some of its history. Obercreek is a 240 acre parcel. There are plans to develop a
portion or that property. Mr. Reese would like to designate other parts of the land as
conservation districts. The conservation districts would make up 90 acres. He also explained
that he has had discussions with a farming group based at Stoney Kill Farm. They have entered
into a tentative agreement to have them base their operations at Obercreek Farm. Mr. Reese then
introduced Lisa Jessup, director of Common Ground Farm. Ms. Jessup introduced the rest of her
team. She gave a brief slideshow presentation about her organization. Her organization is a
Community Supported Agriculture program. In other words, people buy shares in the farm.
Throughout the season, those people can come to the farm to receive produce every week. Mr.
Reese added that the farm is organic. Ms. Jessup's presentation continued. Supervisor Ruggiero
asked if there were any comments or questions from the Board. There were none. He explained
that there is a Public Hearing scheduled for the 18th and 19th of July that will have much to do
with the area discussed here tonight. The Supervisor then closed the discussion at 8:12 PM.
B. United Wappinger Water Update - Jay Paggi
Supervisor Ruggiero opened the discussion at 8:12 PM. Jay Paggi, Town Engineer,
explained that there are two memos from his office to the Board. The first memo gives a history
of the reports that his office has submitted to the Board over the last three years regarding other
areas outside of the United Wappinger Water District and the possibility of extending service to
those areas. The areas are the Appleblossom / Peter Lane, Losse / Sucich, Cedar Hill and
Fowlerhouse areas. Mr. Paggi used maps and sketches to help illustrate. He explained that he is
proposing to extend the service, with the available surplus, to the four areas shown in yellow on
the map. This would involve 258 homes.
The second memo consisted of a cover letter and chart which updates the source capacity
for the United Wappinger Water District. He read and explained portions of the letter for the
Board. Mr. Paggi summarized the two letters by saying that the Town could safely extend the
service area to the four sections, serving the 258 homes, and provide water for the Adams
Fairacre Farms project that is currently before the Wappinger Planning Board. There would still
be approximately 32,000 gallons per day to use. Discussion followed. Councilman Beale
mentioned a problem concerning a fire hydrant problem on Eck Road. Mr. Paggi explained that
there is a problem in that area because of the elevation and topography. To get water to the top
of the hill, it would need to be pumped. That pump is only designed to provide residential flows.
The only way to improve the situation is to extend the height of the tanks at Cider Mill Loop. It
would be difficult and impractical to do. Supervisor Ruggiero asked about putting a tank at the
top of Peter Drive. Mr. Paggi replied that a closed loop tank could be put up there, but that
would also present some operational problems. It could be done though. Supervisor Ruggiero
asked if there were any other continents or questions. There were none. The discussion was
then closed at 8:21 PM.
V. Resolutions
RESOLUTION: 2007-134
Resolution Authorizing Refund of Unused Escrow for 55 Hackensack Heights Road for
Seeding
WHEREAS, on or about December 11th, 2006, Lisa Selage deposited One Thousand
Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the property
located at 55 Hackensack Heights Road for seeding, and
WHEREAS, Lisa Selage has 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, in letter dated June 22°d, 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 One Thousand Five Hundred Dollars and 00/100
($1,500.00) made payable to Lisa Selage, Account Number 2005-0896, for the refund of
the unused escrow deposited for the property located at 55 Hackensack Heights Road.
Town of Wappinger Page 4 Printed 7/2b/1UU1
Regular Meeting Minutes July 9, 2007
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-134
0 Adopted
Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Joseph Ruggiero
Voter
0
❑
❑
❑
El Defeated
William Beale
Seconder
0
❑
❑
❑
❑ Tabled
Vincent Bettina
Voter
❑
❑
❑
p
❑ Withdrawn
Maureen McCarthy
Initiator
0
❑
❑
Vincent Bettina
Voter
Joseph Paoloni
! Voter
❑
❑
❑
t
Dated: Wappingers Falls, New York
July 09t , 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-135
Resolution Authorizing Refund of Unused Escrow for 63 Ketchamtown Road for Seeding
WHEREAS, on or about December 20th, 2006, Helen Piteo deposited One Thousand
Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the property
located at 63 Ketchamtown Road for seeding, and
WHEREAS, Helen Piteo has 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, in letter dated June 26th, 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 One Thousand Five Hundred Dollars and 00/100
($1,500.00) made payable to Helen Piteo, Account Number 2006-0379, for the refund of
the unused escrow deposited for the property located at 63 Ketchamtown Road.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-135
0
Adopted
Yes/Aye
No/Nay
Abstain
Absent
Joseph Ruggiero
Voter
0
❑
❑
❑
❑
Adopted as Amended
William Beale
Initiator
0
❑
13
❑
Defeated
❑
Tabled
Vincent Bettina
Voter
❑
❑
❑
0
❑
Withdrawn
Maureen McCarthy
Seconder
0
❑
❑
❑
Joseph Paoloni
Voter
❑
❑
❑
0
Dated: Wappingers Falls, New York
July 09t , 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-136
Resolution Accepting First Reduction in the Security Posted with the Performance
Agreement Secured by a Surety Bond for the Shamrock Hills Subdivision
WHEREAS, Toll Land VI, Limited Partnership had made application to the Town of Wappinger
Planning Board to approve the subdivision of lands more particularly described in Subdivision Plat
entitled "Shamrock Hills Subdivision', prepared by Povall Engineering dated September 12th, 2003, last
revised March 28th, 2006; and
WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision
approval by Resolution dated November 7th, 2005, amended by Resolution adopted August 7`h, 2006,
subject to certain public improvements being made and constructed within said subdivision and subject to
completion of the requirements set forth in the Town Subdivision Regulations, Zoning Code, Highway
Specifications, and Rules and Regulations of the Town, and further subject to the requirements set forth in
the letter of Paggi, Martin & Del Bene, LLP, Engineer to the Town, dated July 12th, 2006, together with
the Schedule of Bond Values; and
WHEREAS, Town Law §277 requires that the developer of a proposed subdivision guarantee the
construction, installation, and dedication of the required public improvements by the Resolution of
Subdivision Approval, prior to issuance of any building permits; and
WHEREAS, Toll Land VI, Limited Partnership executed and posted a Performance Agreement
Secured by a Surety Bond (No. 39BSBDT0495) issued by Hartford Fire Insurance Company on
August 22d, 2006, in favor of the Town of Wappinger in the sum of Six Million Five Hundred Ninety
Four Thousand Dollars ($6,594,000.00) , which Performance Agreement and Surety Bond was accepted
Town of Wappinger Page 5 Printed 7/26/2007
Regular Meeting Minutes July 9, 2007
by the Town Board by Resolution 2006-186 at the Town Board meeting held on August 28th, 2006; and
WHEREAS, Toll Land VI, Limited Partnership has completed some of the required
improvements; and
WHEREAS, by letter dated June 1101, 2007, a copy of which is affixed hereto, Engineers to the
Town, Paggi, Martin & Del Bene, LLP, determined that the construction value of the work remaining to
be completed was Three Million Five Hundred Eighty Eight Thousand Nine Hundred Dollars
($3,588,900.00), inclusive of administrative costs; and
WHEREAS, the Town Board hereby agrees to and authorizes a reduction in the security posted
with the Performance Agreement, and hereby agrees to accept a Surety Bond in the sum of Three Million
Five Hundred Eighty -Eight Thousand Nine Hundred Dollars ($3,588,900.00) as security to guarantee
completion of the remaining work.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board hereby agrees to accept a Surety Bond in the amount of Three Million
Five Hundred Eighty Eight Thousand Nine Hundred Dollars ($3,588,900.00), as the security posted with
the Performance Agreement to insure that the improvements required for the Shamrock Hills Subdivision
will be properly completed as required by the Planning Board Resolution of Approval dated November
70', 2005, amended by Resolution adopted August 7th, 2006.
3. The Surety Bond previously posted in the amount of Six Million Five Hundred Ninety
Four Thousand Dollars ($6,594,000.00) is hereby authorized to be released by the Town Clerk upon
delivery to him of the above referenced Surety Bond in form acceptable to the Attorney of the Town.
The foregoing was put to a vote which resulted as follows:
Vote Record - ResolutionRES-2007-136
No/Nay
Abstain
Absent
0 Adopted
Joseph Ruggiero
Voter
®
❑
11Yes/Aye
❑
❑ Adopted as Amended
William Beale
Seconder
®
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
❑
❑
❑
0
❑ Tabled
Maureen McCarthy
Initiator
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Voter
❑
❑
❑
0
Dated: Wappingers Falls, New York
July 09t , 2007
The Resolution is hereby duly declared adopted. J,
RESOLUTION: 2007-137
Resolution Authorizing Members of the Sports Museum of Dutchess County to Use the
Cafeteria and Chapel at Carnwath for the Beacon Bears Event
WHEREAS, Joseph Ennesser, a member of the board of trustees for the Sports Museum
of Dutchess County, has requested permission in a letter dated July 2nd, 2007, which is attached
hereto, that the members of the Sports Museum be allowed to use the Carnwath Chapel and
Cafeteria for an event honoring the old Beacon Bears semi -pro football team on September 15th,
2007, and
NOW, THEREFORE, BE IT RESOLVED, as follows: The Town of Wappinger
Town Board hereby authorizes the members of the Sports Museum of Dutchess County to use
the Carnwath Chapel and Cafeteria for their event honoring the Beacon Bears on September 151h,
2007.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-137
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
El
Adopted as Amended
William Beale
Seconder
0
❑
❑
❑
❑
Defeated
Vincent Bettina
Voter
❑
❑
❑
0
❑
❑
Tabled
Withdrawn
Maureen McCarthy
Initiator
®
❑
❑
❑
Joseph Paoloni
Voter
❑
❑
❑
0
Dated: Wappingers Falls, New York
July 09t , 2007
The Resolution is hereby duly declared adopted.
Town of Wappinger Page 6 Printed 7/26/2007
Regular Meeting Minutes July 9, 2007
RESOLUTION: 2007-138
Resolution Authorizing Budget Amendments
WHEREAS, the Comptroller to the Town of Wappinger, Jean Gallucci, has
recommended certain budget transfers hereby amending the 2007 Town budget as set forth in a
letter from Jean Gallucci, and
To:
WHEREAS, the budget amendments are as follows:
Town Board Admin/C.E.
Increase
To:
B599 Appropriated Fund Balance $70,000.00
$230,034.00
B960 Appropriations $70,000.00
$1,747,468.00
B1420.400 Attorney $30,000.00
$105,000.00
B8020.400 Planner $40,000.00
$80,000.00
Increase:
A Fund
Decrease:
A Fund
Increase•
To:
A1010.400
Town Board Admin/C.E.
$1,900.00
$2,400.00
Al 110.105
Clerk to Justice
21,000.00
27,000.00
Al 110.408
Justice -Supplies
1,440.00
3,940.00
A1220.104
Budget Officer
7,000.00
7,000.00
A1220.401
Supervisor-Misc.
1,100.00
1,600.00
A1315.199
Comptroller -Comp Time
4,400.00
7,400.00
A1315.402
Comptroller -Supplies
2,150.00
4,250.00
A1330.102
Tax Clerk -Part -Time
123.00
123.00
A1330.199
Tax -Comp Time
511.00
511.00
A1355.402
Assessor -Supplies
600.00
1,600.00
A1410.101
Deputy Town Clerk #1
25,000.00
25,000.00
A1410.402
Town Clerk -Supplies
500.00
2,950.00
A1410.405
Town Clerk-Dues/Training
144.00
644.00
A1440.401
Engineering -Robinson Lane
1,000.00
1,000.00
A1440.402
Engineering -Martz Tennis Courts
504.00
504.00
A1680.400
Central Data-C.E.
7,370.00
34,370.00
A1930.400
Judgments and Claims
11.00
11.00
A1950.400
Taxes and Assessments
3,401.00
7,401.00
A3310.400
Traffic and Public Safety
481.00
1,981.00
A3510.400
Dog -Cell and Land Line
500.00
1,900.00
A7020.199
Recreation -Comp Time
500.00
500.00
A7110.405
Parks -Custodial Services
2,285.00
4,285.00
A7140.103
Gymnastics Boys/Girls
380.00
3,380.00
A7140.105
Basketball Boys/Girls
825.00
3,075.00
A7140.404
Advertising
450.00
7,450.00
$83,575.00
Decrease:
A Fund
Increase:
Town of Wappinger Page 7 Printed 7/26/2007
Decrease:
To:
A1010.200
Town Board -Equipment
$500.00
0.00
Al 110.104
Clerk
21,000.00
6,000.00
A1220.400
Budget Officer
7,000.00
0.00
A1315.200
Comptroller -Equipment
76.00
1,124.00
A1355.200
Assessor -Equipment
1,576.00
1,124.00
A1410.102
Deputy Town Clerk #2
25,000.00
0.00
A1410.200
Town Clerk -Equipment
322.00
1,178.00
A1410.401
Town Clerk -Cash Books/Minutes
500.00
0.00
A1620.200
Building -Equipment
5,000.00
0.00
A1620.420
Xerox Copies
11,066.00
8,934.00
A1910.400
Unallocated Insurance
5,000.00
156,000.00
A1990.400
Contingent Account
4,035.00
0.00
A3510.402
Dog -Training
500.00
0.00
A5010.200
Highway -Supplies
1,000.00
0.00
A7620.108
Senior -Part Time Person
1,000.00
0.00
$83,575.00
Increase:
Town of Wappinger Page 7 Printed 7/26/2007
Regular Meeting Minutes July 9, 2007
B Fund
Decrease:
DB Fund
Decrease:
•
Increase•
To:
B3410.405
Fire -Supplies
$ 295.00
$295.00
B3620.403
Building -Telephone
1,844.00
3,024.00
B8010.400
Zoning Board-C.E.
1,804.00
2,304.00
B8015.102
Zoning Secretary -Part Time
6,500.00
6,500.00
B8015.408
Zoning -Supplies
529.00
529.00
B8020.401
Planning -Dues
2,902.00
2,902.00
B8020.408
Planning -Supplies
726.00
726.00
B8540.400
Storm Cleaning and Drainage
600.00
600.00
$15,200.00
Decrease:
B Fund
Decrease:
To:
B1420.450
Fiscal Advisor
$1,500.00
0.00
B1910.400
Unallocated Insurance
71.00
8,660.00
B3410.101
Fire Secretary -Part Time
6,500.00
0.00
B3410.200
Fire -Equipment
300.00
0.00
B3410.404
Fire-NYSBOC Dues
170.00
330.00
B3410.410
Fire-Equafax
75.00
75.00
B3620.400
Building-C.E.
1,385.00
14,930.00
B3620.404
Building -Cell and Radios
1,844.00
1,476.00
B3620.407
Building-Equafax
305.00
305.00
B6510.400
Empire Zone
67.00
18,433.00
B8010.200
Zoning Board -Equipment
450.00
0.00
B8015.204
Zoning -Equipment
79.00
671.00
B8015.411
Zoning-Equafax
75.00
75.00
B8020.203
Planning -Equipment
79.00
671.00
B8020.407
Planning-Equafax
300.00
300.00
B8510.400
Community Beautification
2,000.00
3,000.00
$15,200.00
Increase•
DB Fund
Increase•
To:
DB1420.400
Attorney
$405.00
$ 405.00
D131440.400
Engineering
1,202.00
1,202.00
DB1910.400
Unallocated Insurance
963.00
31,685.00
D135130.200
Machinery -Equipment
4,322.00
9,322.00
$6,892.00
Decrease:
DB Fund
Decrease:
SI Fund
Decrease: To:
SI8110.400 Administration, C.E. $168.00 $168.00
Increase•
Decrease:
To:
DB 1990.400 Contingent Account
$1,992.00
$48,008.00
D135130.400 Machinery-C.E.
4,900.00
75,100.00
$6,892.00
To:
Increase•
Attorney
$1,500.00
SI Fund
WU1440.400
Engineer
6,660.00
Increase•
To:
SI1910.400 Unallocated Insurance
$168.00
$168.00
Decrease:
SI Fund
Decrease: To:
SI8110.400 Administration, C.E. $168.00 $168.00
Increase•
WU Fund
Increase•
To:
WU1420.400
Attorney
$1,500.00
$1,500.00
WU1440.400
Engineer
6,660.00
6,660.00
WU 1910.400
Unallocated Insurance
670.00
670.00
WU8320.400
Source of Supply
1,861.00
1,860.00
Town of Wappinger Page 8 Printed 7/26/2007
Ij
Regular Meeting Minutes July 9, 2007
$10,691.00
Decrease:
WU Fund Decrease: To:
WU8310.400 Administration, C.E. $10,691.00 $14,291.00
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated this Resolution as if fully set forth
and adopted herein.
2. The Town Board hereby authorizes the budget transfers stated above, hereby
amending the Town of Wappinger Budget adopted for the calendar year of 2007.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-138
El Adopted
Yes/Aye
No/Nay
Abstain
Absent
El Adopted as Amended
Joseph Ruggiero
Voter
El
❑
❑
❑
El Defeated
William Beale
Seconder
a
❑
❑
❑
❑ Tabled
Vincent Bettina
Voter
❑
❑
❑
❑ Withdrawn
Maureen McCarthy
Initiator
D
❑
❑
❑
Joseph Paoloni
Voter
O
❑
❑
a
Dated: Wappingers Falls, New York
July 09t , 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-139
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 Dutchess County 911 Emergency Response System (hereinafter "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
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 System; and
WHEREAS, the Town Board emphasizes and reconfirms its commitment to the 911
System, as well as the Inter -Municipal Agreement known as "Mutual Aide" of which the Town
of Wappinger is and has been a party; 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
Town of Wappinger Page 9 Printed 7/26/2007
Regular Meeting Minutes July 9, 2007
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 27th day of August, 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 -2007-134
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
❑
Adopted as Amended
William Beale
Initiator
0
❑
❑
❑
❑
Defeated
Vincent Bettina
Voter
❑
❑
11
0
❑
Tabled
Maureen McCarthy
Seconder
0
❑
❑
❑
❑
Withdrawn
Jose ph Paoloni
Voter
❑
❑
__
❑
0
Dated: Wappingers Falls, New York
July 09t , 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-140
Resolution Adopting Local Law No. of the Year 2007, "Mandatory Private Well
Testing" In the Town of Wappinger
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2007,
Mandatory Private Well Testing" in the Town of Wappinger; and
WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and
the Poughkeepsie Journal, the official newspapers of the Town of Wappinger; and
WHEREAS, the Public Hearing was held on July , 2007, and all parties in
attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed
Local Law or any part thereof; and
WHEREAS, the Town Board made a Negative Declaration of Significance pursuant to
SEQRA and the Town's Environmental Quality Review Law and has filed a Short Form EAF;
and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that
it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board of the Town of Wappinger hereby adopts Local Law No._ of the
Year 2007 entitled "Local Law No. of the Year 2007, Mandatory Private Well Testing" in
the Town of Wappinger, a copy of which is attached hereto and made part of this Resolution.
The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the
Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local
Law to the Secretary of State of New York.
Town of Wappinger Page 10 Printed 7/26/2007
T��
Regular Meeting Minutes July 9, 2007
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-140
❑ Adopted
- -
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Joseph Ruggiero
Seconder
0
❑
❑
❑
0 Defeated
William Beale
Voter
❑
❑
0
❑
❑ Tabled
Vincent Bettina
Voter
❑
p
❑
Voter
❑ Withdrawn
Maureen McCarthy
Initiator
0
❑
❑
Maureen McCarthy
Seconder
Joseph Paoloni
Voter
❑
Ej
❑
21
Dated: Wappingers Falls, New York
July 09t , 2007
The Resolution is hereby defeated.
RESOLUTION: 2007-141
Resolution Adopting Local Law No. of the Year 2007, Creating Chapter 227 of the
Town Code, Towing
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2007,
Creating Chapter 227 of the Town Code, Towing; and
WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and
the Poughkeepsie Journal, the official newspapers of the Town; and
WHEREAS, the Public Hearing was held on June , 2007, and all parties in
attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed
Local Law or any part thereof; and
WHEREAS, the Town Board has caused the preparation of a Short Form EAF; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that
it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board has reviewed the intended action with respect to the criteria set forth in
Part 617.11 NYCRR and Section 117 of the Code of the Town of Wappinger and hereby
determines that the intended action, to wit, the adoption of the referenced Towing Law, will not
create any significant adverse impacts on the environment and hereby issues a NEGATIVE
DECLARATION OF SIGNIFICANCE for this action and directs the filing of the EAF as
required by law.
3. The Town Board of the Town of Wappinger hereby adopts Local Law No. of the
Year 2007 entitled "Local Law No. of the Year 2007, Creating Chapter 227 of the Town
Code, Towing, a copy of which is attached hereto and made part of this Resolution.
The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the
Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local
Law to the Secretary of State of New York, as required by law.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-141
Yes/Aye
No/Nay
Abstain
Absent
❑
Adopted
Joseph Ruggiero
Voter
❑
❑
0
❑
❑
Adopted as Amended
William Beale
Initiator
0
❑
❑
❑
0
Defeated
Vincent Bettina
Voter
❑
11
0
❑
❑
Tabled
Withdrawn
Maureen McCarthy
Seconder
0
❑
❑
❑
Joseph Paoloni
Voter
❑
❑
❑
0
Dated: Wappingers Falls, New York
July 09t , 2007
The Resolution is hereby defeated.
Town of Wappinger Page 11 Printed 7/26/2007
VI.
2.
3.
ular
New Business
1. Councilman Beale New Business
Minutes
July 9, 2007
Councilman Beale had the opportunity to attend a meeting with the Director of Code
Enforcement and Fire Inspector pertaining to building number 18 at Montclair. He mentioned
that a solution for the repair of that area may be near.
Councilwoman McCarthy New Business
Councilwoman McCarthy asked to make sure that letters to the residents of Kendell
Farms went out. Jay Paggi, Town Engineer, informed her that he has had phone conversations
with the person that is channeling that application over at the DEC. That person is going to do
whatever she can in order to expedite it.
Councilwoman McCarthy also mentioned a phone call she received from a resident of the
Ardmore area. The resident complained about the use of fireworks and lack of police presence
over the 4th of July.
Supervisor Ruggiero New Business
Supervisor Ruggiero made a motion to reconsider Resolution 2007-140. Councilwoman
McCarthy seconded the motion. Councilman Beale commented that he is abstaining from the
Local Law. Supervisor Ruggiero informed Councilman Beale that this was a motion to
reconsider. Supervisor Ruggiero went on to say that he feels a disservice has been done by
Councilman Beale's abstention. He explained that the Law is an important piece of legislation
that the County government has failed to enact. The two absent Councilmembers were present in
the crafting of the Law. He stated that Councilman Bettina and Councilman Paoloni
recommended the amendment that places the responsibility on the buyer. He went on to say that
an abstention would not accomplish anything because he would be calling the Board back in
session every two days until the Law is passed. Councilman Beale stated that his abstention does
not mean that he does not support the legislation. He believes that the absent Councilmembers
need to have an opportunity to discuss the Law and that there are other issues that need to be
discussed further, such as which party is responsible to pay for the well test. Councilwoman
McCarthy commented that she appreciates Councilman Beale's request that the rest of the Board
be present. She went on to say that the issue is "long -planned" and the Board members have
known about the issue being on the agenda. She feels that, in cases when there is a vote on the
table and a sufficient number of voters present, the Councilmembers should express clearly their
support or non-support of the Resolution. Councilman Beale again stated that he is abstaining
because they are working with nearly half of the Board. Discussion followed. Councilwoman
McCarthy mentioned that the Board is going to be called in every two days until it is resolved.
This will result in other Board members not being present. Councilman Beale replied that a
Board member that understands how critical the legislation is will make themselves available.
Councilwoman McCarthy explained that she has a relative that is dying. She will most likely be
out of state. She feels the issue is critical and is present to vote. She disagreed with Councilman
Beale's opinion that a Councilmember that is absent feels that an issue is not critical. She feels
that abstaining and perpetuating the situation is not responsible. Councilman Beale apologized
and stated that he wished that the Councilwoman saw his point.
4. Motion To: reconsider Resolution 2007-140 and to place it on the agenda for a vote
RESULT:
DEFEATED
MOVER:
Joseph Ruggiero, Supervisor
SECONDER:
Maureen McCarthy, Councilwoman
AYES:
Joseph Ruggiero, Maureen McCarthy
ABSTAIN:
William Beale
ABSENT:
Vincent Bettina, Joseph Paoloni
Town of Wappinger Page 12 Printed 7/26/2007
'u
Regular Meeting Minutes July 9, 2007
VII. Executive Session
1. Motion To: go into executive session at 8:34 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER: William Beale, Councilman
AYES: Joseph Ruggiero, William Beale, Maureen McCarthy
ABSENT: Vincent Bettina, Joseph Paoloni
._ -__
A. Personnel Matter
2. Motion To: come out of executive session at 8:50 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER: William Beale, Councilman
AYES: Joseph Ruggiero, William Beale, Maureen McCarthy
ABSENT: Vincent Bettina, Joseph Paoloni
VIII. Resolutions
RESOLUTION: 2007-142
Resolution from Executive Session Regarding Personnel Issue
BE IT HEREBY RESOLVED by the Town Board of the Town of Wappinger that
effective July 9th, 2007, "Employee 060107" is suspended without pay for a period of thirty (30)
work days, pending the hearing and determination of disciplinary charges preferred against the
employee on or about July 2nd, 2007. If "Employee 060107' is acquitted of the charges, the
employee will be restored to full pay for the period of suspension without pay, less the amount of
any unemployment benefits the employee may have received during such period.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-142
Yes/Aye
No/Nay
Abstain
Absent
0 Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
❑ Adopted as Amended
William Beale
Seconder
0
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
11
❑
0
❑ Tabled
Maureen McCarthy
Initiator
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Voter
❑
❑
❑
0
Dated: Wappingers Falls, New York
July 09t , 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-143
Resolution Appointing Hearing Officer
BE IT HEREBY RESOLVED, by the Town Board of the Town of Wappinger, that Mr.
Joseph Wooley is appointed to serve as the hearing officer on the disciplinary charges brought
against "Employee 060107' on or about 7/2/07, and any amendment thereto.
Town of Wappinger Page 13 rriumu iizul4v-
Regular Meeting Minutes July 9, 2007
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-143
ADOPTED [UNANIMOUS]
MOVER:
Maureen McCarthy, Councilwoman
SECONDER:
William Beale, Councilman
Yes/Aye
NotNay
Abstain
Absent
0 Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
❑ Adopted as Amended
William Beale
Seconder
0
❑
❑
❑
❑ Defeated
❑
Vincent Bettina
Voter
❑
❑
❑
0
Tabled
❑ Withdrawn
Maureen McCarthy
Initiator
0
❑
❑
❑
Joseph Paoloni
Voter
❑
❑
❑
0
Dated: Wappingers Falls, New York
July 09' 2007
The Resolution is hereby duly declared adopted.
IX. Executive Session
1. Motion To: go into executive session at 8:50 PM
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Maureen McCarthy, Councilwoman
SECONDER:
William Beale, Councilman
AYES: Joseph Ruggiero, William Beale, Maureen McCarthy
ABSENT: Vincent Bettina, Joseph Paoloni
B. AW Scrap
C. Absolute Property
4. Motion To: come out of executive session at 10:02 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER: William Beale, Councilman
AYES: Joseph Ruggiero, William Beale, Maureen
ABSENT: Vincent Bettina, Joseph Paoloni
X. Adjournment
1. Motion To: adjourn at 10:02 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER: William Beale, Councilman
AYES: Joseph Ruggiero, William Beale, Maureen McCarthy
ABSENT: Vincent Bettina, Joseph Paoloni
The Meeting Adjourned at 10:02 PM.
Wjih� C Masterson
Town Clerk
Town of Wappinger Page 14 Printed 7/26/2007