2007-08-24 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
August 27th, 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 August 27th, 2007 at Town Hall, 20 Middlebush Rd,
Wappingers Falls, NY.
I. Call to Order
II. Public Hearings
1. Public Hearing on Local Law No. of the Year 2007, Creating Chapter 66
of the Town Code, "Ambulance Notification"
2. Public Hearing for the Bartlett Re -Zone
3. Public Hearing for the Chambers Re -Zone
III. Minutes Approval
1. Monday, July 091h, 2007
2. Friday, July 13th, 2007
3. Wednesday, July 18th, 2007
4. Thursday, July 19th, 2007
5. Thursday, July 19th, 2007
IV. Correspondence Log
2007-154. Resolution Authorizing the Acceptance of the Correspondence Log
V. Public Portion on Agenda Items
VI. Discussion
A. Soccer Financing Plan — Al Roberts
B. Water and Sewer Requests - Executive Square and Kirchoff Properties — Jay
Paggi
C. Well Testing Amendment — Al Roberts
D. Klein—Alexander Properties Land Donation — Al Roberts, Jay Paggi
E. Zoning Board of Appeals Alternates
F. Water and Sewer Bill Issue — Rao Varanasi
G. Stop Sign Request Scott Drive and Granger Place — Barry Kaufrnan
H. 2007 Highway Paving Plans — Graham Foster
I. Cider Mill Loop Interior Tank Painting — Jay Paggi, Mike Tremper
Rockingham Tank Demolition - Jay Paggi
K. Vilardi DEC Issue — Jay Paggi, George Kolb
L. AW Scrap Noise Testing — George Kolb
M. Recreation Salary Issues
VII. Resolutions
2007-155. Resolution Authorizing Return of Escrow for 54 Viola Court for Seeding
2007-156. Resolution Authorizing Return of Escrow for 5 Gerhard Court for
Driveway
2007-157.. Resolution Authorizing Return of Escrow for 1281-1289 Route 9 for
Retaining Wall
2007-158. Resolution Authorizing Return of Escrow for 170 Osborne Hill Road for
Stabilization and Driveway
2007-159. Resolution Authorizing Building Fees Refund Due to Amending Permit
2007-160. Resolution Authorizing Linda Walters to Attend New York State
Association Magistrate's Court Clerks Training Seminar
2007-161. Resolution Authorizing Justice Court Assistance Program
2007-162. Resolution to Authorize a Public Hearing on the Intended Use of
Community Development Block Grant Funds
2007-163. Resolution Authorizing Public Hearings to Hear Objections to the
Assessment Rolls for Special Improvement Districts and Special
Improvement Areas for Calendar Year 2008
2007-164. Resolution Appointing Christian Harkins as Joint Assessor
2007-165. Resolution Authorizing Release of Letter of Credit (Carmel Heights
Subdivision)
2007-166. Resolution Naming Old Oak Way
2007-167. A Resolution Authorizing, Subject to Permissive Referendum, the
Issuance of $450,000 Bonds of the Town of Wappinger, Dutchess County,
New York, to Pay the Cost of the Purchase of Equipment for Construction
and Maintenance Purposes for the Highway and Recreation Departments
in and for Said Town
2007-168. A Resolution Authorizing, Subject to Permissive Referendum, the
Reconstruction and/or Resurfacing of Streets Located throughout and in
and for the Town of Wappinger, Dutchess County, New York, at a
Maximum Estimated Cost of $435,000, and Authorizing the Issuance of
$435,000 Bonds of Said Town to Pay the Cost Thereof
2007-169. Resolution Authorizing Endorsement of Dutchess County Classic
2007-170. Resolution Approving Z3 Consultants, Inc. and the Inspector, LLC as
Approved Electrical Inspectors for the Town of Wappinger
2007-171. Resolution Authorizing Town Highway Superintendent to Participate in
the County Highway Snow and Ice Control Program
2007-172. Resolution Authorizing George Kolb to Attend the Poughkeepsie
Management Conference
2007-173.
Resolution to Accept New Fee Schedule of Swartz Architectural Group,
P.C.
2007-174.
Resolution Adopting Local Law No. of the Year 2007, Creating
Chapter 66 of the Town Code, "Ambulance Notification"
2007-175.
Resolution Approving Financing Plan for Improvements to Airport Drive
Soccer Field
2007-176.
A Resolution Authorizing, Subject to Permissive Referendum, the
Construction of a New Recreation Field at Airport Drive, in and for the
Town of Wappinger, Dutchess County, New York, at a Maximum
Estimated Cost of $1,600,000, and Authorizing the Issuance of $1,100,000
Bonds of Said Town to Pay Part of the Cost Thereof
2007-177.
Resolution Authorizing Acceptance of Gift of Real Property (Klein—
Alexander, Briar Lane)
2007-178.
Resolution Authorizing Bid for 99-2(R)-9 - Rockingham Water Tank
Demolition
2007-179.
Resolution Introducing Local Law No. of the Year 2007 Non -
Substantive Technical Amendments to, the Town of Wappinger Code
Regarding Coordinated Assessment, Blasting, Sidewalk Maintenance and
Site Plan Recreation Fees
2007-180.
Resolution Correcting the Salary of Employee Michelle Gale
2007-181.
Resolution Establishing Payment for Acting Assessor
2007-182.
Resolution Approving Jared Silverman Salary Adjustment
2007-183.
Resolution Authorizing Comptroller and Staff to Attend the New York
State Government Finance Officers' Association Cash Management Best
Practices Workshop
2007-184.
Resolution Authorizing Christian Harkins to Attend the 2007 New York
State Assessor's Association Seminar on Assessment Administration
2007-185.
Resolution Accepting Extended Maintenance and Guarantee Agreement
Secured by Letter of Credit for the Keenan Acres Subdivision
2007-186.
Resolution Approving AW Scrap Noise Testing
VIII. New Business
IX. Executive Session
A. Absolute Properties
X. Adjournment
Town of Wappinger 20 Middlebush Road
Wappingers Falls, NY 12590
Regular Meeting townofwappinger.us
Minutes ~ Chris Masterson
Monday, August 27th, 2007 7:30 PM Town Hall
Call to Order
Supervisor Ruggiero called the Meeting to order at 7:30 PM.
Attendee Name
Organization _ ....
Title
_ _ . _ ._.._..__, ,.
Status Arrived
. __. _ _ --
---- W_..
Joseph Ruggiero
_v _.. _. _
Town of Wappinger
Supervisor
Present
William Beale
Town of Wappinger
Councilman
Present
Vincent Bettina
Town of Wappinger
CouncilmanPresent
Maureen McCarthy
Town of Wappinger
Councilwoman
Present
Joseph Paoloni
Town of Wappinger
Councilman
Late 7:38 PM
Public Hearings
Public Hearing on Local Law No. of the Year 2007, Creating Chapter 66 of the Town
Code, "Ambulance Notification"
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). Supervisor Ruggiero then opened the floor to public comment and asked Al Roberts,
Town Attorney, to summarize the Local Law. Mr. Roberts gave a brief summary. There were
no comments from the public. Councilwoman McCarthy made a motion to close the Public
Hearing. The motion was seconded by Councilman Bettina and passed unanimously. The
Public Hearing was then closed at 7:37 PM.
RESULT: CLOSED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER: Vincent Bettina, Councilman
AYES: Joseph Ruggiero, William Beale, Vincent Bettina, Maureen McCarthy
ABSENT: Joseph Paoloni
Town of Wappinger Page 1 Printed 9/12/2007
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON THE LOCAL LAW CREATING
CHAPTER 66 OF THE TOWN CODE
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
John C. Masterson, being duly sworn, deposes and says:
That he is the duly elected, qualified and acting Town Clerk of the Town of
Wappinger, County of Dutchess and State of New York.
That on August 8th, 2007, your deponent posted a copy of the attached Notice
of Public Hearing on the Local Law creating Chapter 66 of the Town Code, on
the signboard maintained by your deponent in his office in the Town Hall of
the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess
County, New York.
ouljjou�'
�Iohn C. gasterson
Town Clerk
Town of Wappinger
Sworn to before me the 22nd
day of August, 2007
NOTARY PUBLIC
DE 115 iAACfo
Pubk este of New York
fed I Dutchess Cow
<D=MW M E*6ii 6 / 4 / 20�/
SOUTHERN DUTCHESS NEWS
BEACON FREE PRESS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 12590
ON IF-FTAzi%, J to <> IF Publ 3catz<:>n
To: WAPPINGERS FALLS, TOWN
P.O. BOX 324
WAPPINGERS FALLS, NY 12590
Re: Legal notice #78449
State of NEW YORK }
County of DUTCHESS }
I, TINA HEATH, being duly sworn, depose and
say: that I am the PUBLISHER of Southern
Dutchess News, a weekly newspaper of general
circulation published in WAPPINGERS FALLS,
County of DUTCHESS, State of NEW YORK; and
that a notice, of which the annexed is a
printed copy, -was duly published in Southern
Dutchess News once on 08/08/07.
Sworn to before me this 8th day of August, 2007
��
ALBERT M OSTEN
Notary Public, State of NEW YORK
No, 14-8240760
Qualified in DUTCHESS County
Ply commission expires on May 16, 2011
L
RETEV/n
AUG 14 2007
TOWN CLERK
ruu!jl1v%vuPbw juurna!
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
a
NOTARY H118LI6,'TATE Ot- i,i�= ;t
NO. 01 C15096485
QUALIFIED IN DUTCHESS Wi#
COMMISSION EXPIRES OcTi)E'' '
State of New York
County of Dutchess
City of Poughkeepsie
RECENH A
AUG A4 2001
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
Newspapers Division of Gannett Satellite Information
Network; Inc., publisher of the Poughkeepsie Journal, a
newspaper printed and published every day in the year
2007 in the city of Poughkeepsie, Dutchess County,
New York, and that the annexed Notice was duly
one insertion
published in the! said newspaper for weeks
successively, inieach week, commencing on the
8th day of Aug • 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.
Subscribed and orn to before me this _may
of in the year of 2007
r
tary Pu
My commission expires
Regular Meeting Minutes August 27, 2007
Public Hearing for the Bartlett Re -Zone
Supervisor Ruggiero opened the Public Hearing at 7:37 PM. Town Clerk Chris
Masterson offered for the record the Affidavits of Posting and Publication, duly signed and
notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public
Hearing). Supervisor Ruggiero then asked Al Roberts, Attorney to the Town, to explain the
details of this proposed rezone. Mr. Roberts asked if the applicant was present. Mr. Bartlett was
not present. Mr. Roberts then explained the application, including the location of the applicants
parcel. He also noted that the Town of Wappinger Planning Board and Dutchess County
Department of Planning and Development have both recommended against the rezone.
Supervisor Ruggiero mentioned that there was no action for this rezone listed on the agenda and
asked if there were any comments from the public. There were none. Councilwoman McCarthy
made a motion to close the Public Hearing. The motion was seconded by Councilman Bettina
and passed unanimously. The Public Hearing was then closed at 7:39 PM.
RESULT: CLOSED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER: Vincent Bettina, Councilman
AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni
Town of Wappinger Page 2 Printed 9/12/2007
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON THE BARTLETT REZONE
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 August 8th, 2007, your deponent posted a copy of the attached Notice
of Public Hearing on the Bartlett Rezone, 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.
(1- a6ki��
ohn C. Masterson
Town Clerk
Town of Wappinger
Sworn to before me the 22nd
day of August, 2007
/y o
NOTARY PUBLIC
SOUTHERN DUTCHESS NEWS
BEACON FREE PRESS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 1.2590
^-F-Fz4--!a%.03-t CD, -F Pub1i anon
To: WAPPINGERS FALLS, TOWN
P.O. BOX 324
WAPPINGERS FALLS, NY :12590
Re= Legal notice #78451
State of NEW YORK }
} SS
County of DUTCHESS }
I, TINA HEATH, being duly sworn, depose and
say: that I am the PUBLISHER of Sout=hern
Dutchess News, a weekly newspaper of general
circulation published in WAPPINGERS FALLS,
County of DUTCHESS, State of NEW YORK; and
that a notice, of which the annexed is a
printed copy,. was duly Published in Southern
Dutchess News once on 08;'08/07.
,i
Sworn to before me this 8th day of August, 2007
ALBERT P°1 05TEN
Notary Public, State of NEW YORK
No. 14-£3240760
Qualified in DLITCHESS County
11y commission expires on May 16, 2011
REr- F!V --i ,
AUG 14 2007
TOWN CLERK
• a.ia.•.�■ ■• vwt./�7!�+ %J%J"I 11611 r
r
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
State of New York
c� p C (�' �' t
County of Dutchess ! [— F—
City of Poughkeepsie AUG 14 2007
TOWN CLERK
MAUREEN OIESLUK
NOTARY PUBLIC, STATE OF NEW YORK
NO. 01 C15096485
QUALIFIED IN DUTCHESS,COUNTY .
(PURLS OCTOBER 14, 200
Rita Lombardi , of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says Li
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 Notice was duly
one insertion
published in the said newspaper for weeks
successively, in, each week, commencing on the
8th day of Aug. in the year of 2007
and on the following dates thereafter, namely on:
and ending on the day of
the year of 2007 both days inclusive.
Subscribed and sworn to before me this
of in the vear of 2007
in.
5�/'�/d a I
ly
r i
My commission expires
Regular Meeting Minutes August 27, 2007
Public Hearing for the Chambers Re -Zone
Supervisor Ruggiero opened the Public Hearing at 7:39 PM. Town Clerk Chris
Masterson offered for the record the Affidavits of Posting and Publication, duly signed and
notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public
Hearing). Supervisor Ruggiero opened the floor to public comment. Richard Cantor, an
attorney from Teahan & Constantino, and representative of the applicant, then addressed the
Board. Matthew Rudikoff, of Matthew D. Rudikoff Associates, was also present on behalf of the
applicant. Mr. Cantor stated that Mr. Chambers is happy with engaging in discussions with the
Town Board to impose voluntary restrictions on the property so that the specific uses of the
property are not any and all HM uses, but only those limited uses that the Town finds appropriate
for this property and location. He asked that the Town consider holding this matter open and
arrange for a follow-up working meeting to discuss the issue. He then turned the discussion over
to Mr. Rudikoff.
Mr. Rudikoff gave a detailed description of the applicant's parcel and the area
surrounding the parcel. He then listed various businesses that are already in that area. In his
opinion, the uses that the applicant has in mind would compliment the Hamlet redevelopment
that the Town seems to be looking for.
Mr. Rudikoff then discussed recent traffic studies and lines of sight for vehicles that
would be exiting the property.
Councilman Bettina asked what Mr. Chambers is hoping for in terms of a contract
rezone. Mr. Rudikoff replied that the applicant was thinking about professional offices, personal
services offices, or real estate offices. Councilman Bettina asked if there was water and sewer in
that area. Jay Paggi, Engineer to the Town, replied that he believes there is only well and septic.
Discussion followed.
Supervisor Ruggiero pointed out that the Planning Board and County Department of
Planning have already recommended against this application. The applicant has now expanded
on his application. He asked Mr. Roberts if it would be worth having the Planning Board review
the application again. Mr. Roberts explained that the application would now need a super
majority to move forward since the Planning Board has recommended against it. He
recommends that the applicant, with the aid of his consultants, amend the application and
identify the uses that he would deem appropriate. The applicant would also need to post an
escrow for the consultants review. Mr. Cantor replied that this sounds like a quite reasonable
suggestions. He then requested, due to the significant amount of money that the applicant would
be spending, that the Town give some sort of statement of openness to consider the matter.
Supervisor Ruggiero answered that the Town cannot guarantee that the matter will pass, but the
Board is open to hearing the applicant's ideas. Councilman Paoloni asked why the application
was shot down by County and the Planning Board. Phil DiNonno, Chairman of the Planning
Board, commented that the application was not nearly detailed enough. Discussion followed.
Supervisor Ruggiero asked if there were any other comments or questions. There were
none. Councilman Paoloni made a motion to close the Public Hearing. The motion was
seconded by Councilman Bettina and passed unanimously. The Public Hearing was then closed
at 8:01 PM.
RESULT: CLOSED [UNANIMOUS]
MOVER: Joseph Paoloni, Councilman
SECONDER: Vincent Bettina, Councilman
AYES: Ruggiero, Beale,Bettina, McCarthy, Paoloni
Town of Wappinger Page 3 Printed 9/12/2007
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON THE CHAMBERS REZONE
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 August 8th, 2007, your deponent posted a copy of the attached Notice
of Public Hearing on the Chambers Rezone, 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.
c
ohn C. Masterson
Town Clerk
Town of Wappinger
Sworn to before me the 22nd
day of August, 2007
NOTARY PUBLIC
to�y;.�p Now York
ua, oc in Duty hens County
mMori ExpiiOe 6 / 4 / 20&
SOUTHERN DUTCHESS NEWS
BEACON FREE PRESS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 12590
ON IFIF 1 clzxvy 1 t 4-F Pub 1 i c at i C> n
To: WAPPINGERS FALLS, TOWN
P.O. BOX 324
WAPPINGERS FALLS, NY 12590
Re: Legal notice #78450
State of NEW YORK }
} SS:
County of DUTCHESS }
I, TTNA HEATH, being duly sworn, depose and
say: that I am the PUBLISHER of Southern
Dutchess News, a weekly newspaper of general
circulation published in WAPPINGERS FALLS,
County of DUTCHESS, State of NEW YORK; and
that a notice, of which the annexed is a
printed copy, -was duly Published in Southern
Dutchess News once on 08/08/07.
Sworn to before me this 8th day of August, 2007
ALBERT M OSTEN
Notary Public, State of NEW YORK
No. 14--8240760
Qualified in DUTCHESS County
My commission expires on May 16, 2011
AUG A 4 2007
i'OWN CLERK
vougnxeepsie .journal
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
State of New York
County of Dutchess AUG 14 2007
. City of Poughkeepsie 1.QwN 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
Newspapers Division of Gannett Satellite Information
MAUREEN CIESLUK .
NOTARY PUBLIC, STATE OF NEW YORK
NO.01 CI5096485
aLIFIED IN D. UTCHESS COUNTY
"! EXPIRES OCTOBER 14, 2009
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 waIs duly
published in the said newspaper forne insert weeks
successively, it each week, commencing on the
8th day of Aug. 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.
Subscr' ed ands orn to before me this �� day
of in the year of 2007
elf
Public
My commission expires
Regular Meeting Minutes August 27, 2007
III. Minutes Approval
1. Monday, July 09t11, 2007
2. Friday, July 13th, 2007
3. Wednesday, July 181h, 2007
4. Thursday, July 19th, 2007
5. Thursday, July 19th, 2007
IV.
1IVA
VI.
Motion To: accept the Minutes of July 9th, 2007, July 13th, 2007, July 18th, 2007 and both
meetings of July 19th, 2007, and place them on file
RESULT: ADOPTED [UNANIMOUS]
MOVER: Joseph Ruggiero, Supervisor
SECONDER: Vincent Bettina, Councilman
AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni
Correspondence Log
RESOLUTION: 2007-154
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 -2007-154
Yes/Aye
No/Nay
Abstain
Absent
El
Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
❑
Adopted as Amended
William Beale
Voter
E�
❑
❑
❑
❑
Defeated
Vincent Bettina
Voter
EZI
❑
❑
❑
❑
Tabled
Maureen McCarthy
_
Initiator
a
❑
❑
❑
❑
Withdrawn
Joseph Paoloni
Seconder
a
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
Public Portion on Agenda Items
Supervisor Ruggiero opened the floor to public comments on the agenda items. Phil
DiNonno, Chairman of the Planning Board, asked if he needed to make a formal request for
alternates for the Planning Board. Supervisor Ruggiero replied that if the Town was going to
consider alternates for one board, it would probably consider alternates for all boards. There
were no other comments from the public.
Discussion
A. Soccer Financing Plan — Al Roberts
Supervisor Ruggiero opened the discussion at 8:04 PM and gave a brief background on
the issue. He then turned the discussion over to Al Roberts, the Attorney to the Town.
Mr. Roberts explained that the Airport Drive facility is a 10 acre parcel that is operated
and maintained by the Town Recreation Department and primarily used by the Wappinger
United Soccer Club. A presentation was made for repairs and reconstruction of the soccer fields
with a total of $1.6 Million. Wappinger United Soccer Club offered to donate $140,000. The
Town presently has approximately $440,000 in the Parkland Trust Fund. Part of the proposal
would be to use approximately $360,000 of the existing Parkland Trust Fund and then float a
bond for 15 years for $1,100,000 to cover the total cost of $1,600,000. Over the course of the
Town of Wappinger Page 4 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
next several years, the Town expects to generate approximately $2,050,000 in subdivision
recreation fees. There is an estimated 410 lots to be approved.
Supervisor Ruggiero asked if there were any questions. Councilman Paoloni mentioned
that there are other neighboring towns using the Wappinger Soccer program. He asked if these
towns offered to contribute money for these fields. Supervisor Ruggiero answered that East
Fishkill, Poughkeepsie and LaGrange were not willing to participate for various reasons. The
Town of Fishkill has offered to look at the project but has not made a commitment. Councilman
Paoloni asked for clarification of the numbers of children that participate from the neighboring
towns. He then discussed his understanding of the Parkland Trust Fund and asked if soccer is the
only activity that the money should be going towards. Supervisor Ruggiero explained the
Parkland Trust Fund. He also mentioned that there is a Wappinger Farms project that would
include a 27 acre parcel that has been earmarked for Pop Warner and possibly another soccer
facility. If that land is donated, it will take money to improve those lands as well. The Town
expects about $2 Million over the next 4-6 years and this proposal is to use $1.1 Million to
rehabilitate the soccer facility. The remainder could go to the Wappinger Farms park.
Councilman Bettina asked if the Town had a plan for recreation, similar to a Master Plan,
which might include things such as a teen or senior center. He added that he is not opposed to
the proposal, but would like to take a look at the broad picture of how all the different recreation
uses could be included. Especially since there are a large number of players from other towns
taking part of the Wappinger soccer program, it may be a lot of money to spend on one program.
Supervisor Ruggiero replied that the Recreation Department had a plan going forward. It
included such things as a Senior Center and Town Pool. He went on to say that the Town has
spent a lot of money to save the buildings at Carnwath. The possibility of using the buildings for
those purposes now exists. That is going to take more money down the road. Joseph Swantek, a
Wappinger resident, interrupted the discussion and asked how much the project is going to cost.
Supervisor Ruggiero answered that it is going to cost $1.6 Million. Mr. Swantek then asked how
much it will cost to maintain. Supervisor Ruggiero explained that there is very little maintenance
out there now and that is part of the problem. The drainage issues are the other problem.
Phil DiNonno, Chairman of the Planning Board, mentioned that the Comprehensive Plan
does include a study of what the people of the Town want regarding recreation. Councilman
Bettina replied that he would not like to spend all of the money on this one group or situation.
He would like to see a study including a teen or senior center for example.
Councilman Paoloni mentioned that the Town purchased and installed lights at Robinson
Lane. At that time, Councilman Paoloni was told that the lights were not just for Little League.
It would also benefit other teams and programs. He recommends that the Town look at making
fields at Robinson Lane multi -use so that soccer or Pop Warner football could use them as well.
He would rather add more lights to those fields than reconstruct the Airport Drive fields.
Councilman Beale stated that 27% of the players in the soccer program are not
Wappinger residents. He would like to see subsidies from those other towns. Another concern
for Councilman Beale is that the bond is for 15 years, but the useful life of the artificial turf is
only 12 years. Supervisor Ruggiero answered that the Town could do a short term BAN and as
the money came in over the next 5-6 years, the town could pay it off.
Councilwoman McCarthy stated that she supports the concept of fixing these fields. The
soccer program is huge and, essentially, self -run. The parents have volunteered their time and
raised a lot of money for the project. She mentioned that the Robinson Lane fields have their
own drainage issues. Any time it rains heavily, the fields past the concession stand flood. She
went on to say that the fields are in use from March through October and are maintained by a
small group of volunteers. She does not feel that the Town would be able to utilize the fields to
the maximum for other sports without spending a significant amount of money as well. As far as
the Airport Drive issue, she feels that the Town should fix the problems now before more
problems arise. She stated that the kids should not be playing on fields that have drainage issues
and uneven ground. If the Town is to continue with the current fields, the conditions will
continue to decline.
Councilman Paoloni replied that he would still like to see a study of the usage of the
fields at Robinson Lane. He understands that other programs use the facility but also knows that
there are a lot of fields out there. He has a printout of all of the different fields in Wappinger and
Fishkill and wants to know how many of those fields could be used for the soccer program. He
mentioned the $1.6 Million total and the components of that total. He cited the example of a
$75,000 lawn mower and pointed out that members of the Board had issues with the costs that
brought the total up to $1.6 Million. Supervisor Ruggiero replied that he does not believe there
was a lawn mower costing $75,000. Councilman Beale and Jay Paggi, Town Engineer,
explained the cost that Councilman Paoloni was discussing. Councilman Paoloni went on to say
that the Board Members do not have the details of the costs in front of them and would like to
see them. Supervisor Ruggiero replied that the Board was given those figures twice this year. It
could be presented a third time. Councilman Beale asked if there could be a workshop meeting
Town of Wappinger Page 5 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
with Recreation so that all involved could discuss the topic together. Supervisor Ruggiero
replied that he had no problem with that suggestion. There was a presentation earlier in the year
and he would also bring that presentation back onto the agenda again. He went on to clarify the
Parkland Trust Fund for the audience.
Councilman Bettina added that he would like to ensure that the money is spent over all of
the needs of all the groups that are out there. He supports the soccer program, but will not spend
$1.6 Million on just one entity. Councilman Paoloni commented that the Board needs a list of all
of the things that the Parkland Trust could go for.
Supervisor Ruggiero asked if there were any other comments. There were none. He
stated that he will set up another presentation for an upcoming meeting. He also asked Gary
Trudell, a member of the Recreation Commission, to report back to the Commission and have
them pull their Recreation Capital Plan together. Mr. Trudell agreed. The discussion was then
closed at 8:31 PM.
B. Water and Sewer Requests - Executive Square and Kirchoff Properties — Jay Paggi
Supervisor Ruggiero opened the discussion at 8:31 PM. He turned the floor over to Jay
Paggi, Town Engineer, who then began his presentation. He explained that the Town received
two requests from owners of parcels in the Town of Wappinger for water and sewer. The first
request was for water and was from the Executive Square property on the corner of Middlebush
Road and Route 9. The second request was for sewer and water and was from the property on
the southeast corner of Old Hopewell Rd. and Route 9. Neither of these properties are in the
water or sewer districts and would therefore be tenants. He went on to describe what would need
to take place in order to approve these tenancies.
Councilman Beale asked what the proposed use of the Old Hopewell property is. Mr.
Paggi replied that he didn't know. Councilman Bettina made a comment about providing water
for the people that are already here. There are other properties on Route 9 that may want to tie
in. Mr. Paggi agreed but went on to say that the surplus capacity takes into account that the
entire district is built out. In other words, every property within the district has been accounted
for.
Mr. Paggi and Councilman Bettina discussed the fact that these are not the only
properties to ask, or will ask, for water service. Councilman Bettina asked how he could tell one
owner that they can have water and the others that they can't. Mr. Paggi recommended that the
Town have some type of Master Plan utilizing the surplus.
Councilman Beale asked if the plans for the Old Hopewell property are dependent on the
tenancy request. Mr. Paggi replied that the applicant did not specify that.
Councilwoman McCarthy asked if the Adams Fairacre Farms property would be tied into
public water. Supervisor Ruggiero explained that they have not gone far enough into the
Planning Board process for that. Mr. Paggi clarified that the Adams Fairacre Farms people do
intend on tapping into the supply, but that usage was calculated into the surplus amount.
Councilwoman McCarthy then asked Mr. Paggi to list the properties up and down Route 9 that
are tapped in to the public water. Discussion followed.
Supervisor Ruggiero compared this request to those in the past. One difference is that
there is no municipal benefit to granting these tenancies.
Councilman Beale asked if the surplus figure included the Fowlerhouse Road area. Mr.
Paggi stated that it did and went on to list the other areas that are part of the calculation.
Discussion followed. Supervisor Ruggiero asked Mr. Paggi to draft a letter to the applicants.
With no other comments or questions, Supervisor Ruggiero closed the discussion at 8:45
PM.
C. Well Testing Amendment — At Roberts
Supervisor Ruggiero opened the discussion at 8:45 PM. He explained that the Town
Attorney, Al Roberts, had an amendment to the Well Testing Law. He asked Mr. Roberts to
explain the amendment to the Board.
Mr. Roberts explained that Councilman Beale had a concern about one and two family
properties that are leased to third parties. This Local Law addresses that issue. It included well
testing for one and two family residence, non -owner -occupied. Once adopted, the owner of the
property would have 12 months to produce test results. After that, the result will be good for
three years and the tenants must be provided with a copy. Mr. Roberts also explained situations
which would exempt a property owner. Supervisor Ruggiero clarified that this topic was only on
the agenda as a discussion and will be introduced at the next meeting.
Councilman Beale asked how the Town will look to educate the residents on this.
Supervisor Ruggiero answered that a letter is going out with the school tax bill and the Director
of Code Enforcement will be holding a public informational session on September 10th, at 10:00
AM.
Councilman Paoloni asked for clarification on how the Law applies to people that rent
Town of Wappinger Page 6 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
their house out. Supervisor Ruggiero and Mr. Roberts explained that you would fall into this
category if you rented your house out for over one year. You would have to test every period as
long as you are renting out your house. Discussion followed.
Councilwoman McCarthy pointed out that homeowners have the option to test their well
every year if they wanted. Renters do not have that option. Councilman Beale asked if renters
could perform the same test that a homeowner could do. Mike Tremper, of CAMO Pollution
Control, explained what the renter would need access to in order to carry out the test.
With no other comments or questions, the Supervisor closed the discussion at 8:54 PM.
D. Klein Alexander Properties Land Donation — Al Roberts, Jay Paggi
Supervisor Ruggiero opened the discussion at 8:55 PM. Al Roberts, Town Attorney,
discussed the topic. Briar Lane is located just north of the intersection of Myers Corners Road
and All Angels Hill Road. There is a cul-de-sac with two parcels that are presently vacant. One
parcel is approximately 7.5 acres and the other is just over 10 acres. Jim Klein, on behalf of
Klein -Alexander Properties, has offered to donate these parcels to the Town on condition that the
donation is accepted in the current calendar year. The Resolution is drafted on the condition that
the donor provide clear title and conduct at least a Phase I Environmental Audit, and Phase lI if
necessary. He would also supply a title insurance policy to the Town. The environmental audit
would need to be reviewed by the Town Engineer's office.
Councilwoman McCarthy asked where this property was and what was in the area.
Supervisor Ruggiero replied that it was across the street from the old Fairchild Property and that
there were homes and a recreation parcel there. Councilwoman McCarthy then asked why the
owner was donating the property. Supervisor Ruggiero explained that it was for a tax write-off.
The Board then looked over a map that depicted the parcels in question. Discussion followed.
With no further comments or questions, Supervisor Ruggiero closed the discussion at
8:59 PM.
E. Zoning Board of Appeals Alternates
Supervisor Ruggiero opened the discussion at 8:59 PM. He explained that the Board has
received a letter from the Chairman of the Zoning Board of Appeals, Victor Fanuele, requesting
the creation of alternate positions for the ZBA. Mr. Fanuele cited examples where Board
Members are unable to make meetings. He then explained how the alternates could be assigned
to fill in when the appointed Board Members are not present.
Supervisor Ruggiero's main concern was whether Board Members that are frequently
absent should be sitting on the Board to begin with. Councilman Paoloni asked if there was an
attendance requirement. Supervisor Ruggiero answered that most of these absences are excused
absences. Al Roberts, Attorney to the Town, explained what it would take to remove appointed
officers such as Members of the ZBA. Discussion followed.
Councilman Paoloni was not in favor of an alternate voting in place of an appointed
Board Member, when there is the possibility that the alternate may vote inconsistent with how
the appointed member would have voted. Councilwoman McCarthy compared the alternates on
a Board to alternates on a jury panel and stated that she would support this idea if it helped
maintain the integrity of the Board. Mr. Fanuele added that the situations that are coming before
his Board are more complicated than they have been in the past. He would rather have a full
board in the case that a complicated project is voted down. Councilman Bettina did not like the
idea of having a meeting, with topics involving millions of Dollars, and not even having a
quorum. Supervisor Ruggiero asked if there were any other towns that had alternates on their
boards. Councilman Bettina, Mr. Paggi and Mr. Roberts replied that the Village of Wappingers,
LaGrange, Unionvale, and Fishkill all have them. Discussion followed.
Al Roberts offered to do some research on the issue and draft a memo to the Board.
Councilman Beale asked how the alternates would fit into the required training for Planning
Board and ZBA members. Mr. Roberts replied that the alternates would have to comply with all
of that as well.
Supervisor Ruggiero closed the discussion at 9:16 PM.
F. Water and Sewer Bill Issue — Rao Varanasi
Supervisor Ruggiero opened the discussion at 9:16 PM. He explained to the Board that
the Town has received a letter from a resident pertaining to his water and sewer bill. The
resident claims that he never received the bill and does not want to pay the $13.40 penalty.
Councilman Beale asked if the Board had the ability to waive the fee. Al Roberts, Town
Attorney, answered that the Board has done it in the past. Discussion followed. Supervisor
Ruggiero stated that the Board will choose not to act on this request and will follow the
recommendation of the Receiver of Taxes, Trish Maupin. He made a motion to send a letter to
the resident notifying him that the Board will not waive the late fee. The motion was seconded
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Regular Meeting Minutes August 27, 2007
by Councilwoman McCarthy and passed unanimously. Since there were no other comments or
questions, Supervisor Ruggiero closed the discussion at 9:17 PM.
G. Stop Sign Request Scott Drive and Granger Place — Barry Kaufman
Supervisor Ruggiero opened the discussion at 9:18 PM. A resident of Scott Drive
submitted a letter to the Town requesting a stop sign on the corner of Scott Drive and Granger
Place. Supervisor Ruggiero asked if the Highway Superintendent and Town Engineer have had a
chance to look at the request. Graham Foster, Highway Superintendent, does not have a problem
with a stop sign on Granger as it approaches Scott. The resident also asked for a stop sign on
Scott as it approaches Granger. Mr. Foster does not feel that the Town should be putting stop
signs on main roads. In the past, the Town has tried to put signs on feeder roads only.
Councilwoman McCarthy commented that there is a stop sign on Scott and Doyle. Mr. Foster
explained that there is one there, but it is not recommended in a place like that. That sign was
put there to control speed, which is not a recommended action. Mr. Paggi agreed that it is not a
recommended practice to use a stop sign to control speed. Councilwoman McCarthy replied that
the concern of the resident is speed, and was confused why the Town would put a stop sign on
the corner of Scott and Doyle to control speed, but wouldn't put a sign on Scott and Granger.
Mr. Foster explained that both he and the Town Engineer have consistently, in accordance with
the guidance of the County and State, recommended against using stop signs to control speed,
but the Board has overruled them in many instances.
Joseph Swantek, a resident of Granger Place, claimed that Mr. Foster that he is wrong.
He stated that cars come flying down Doyle Drive and hit curves trying to make turns. Mr.
Foster clarified that he never said the cars were not going fast. Mr. Swantek went on to say that
there were stop signs up his hill, down his hill and at the entrance to Rockingham. Mr. Foster
understood that those stop signs were there, but, in each case, he did not recommend using them
to control speed. Mr. Swantek wanted to know why they were put there then. Mr. Foster
explained that the signs were put there because someone wanted them there and the Town Board
overruled his recommendation. Councilwoman McCarthy wanted to know what could be used to
control speed if a stop sign couldn't do it. Mr. Foster clarified that he did not say a stop sign
could not control sign. He said that a stop sign is not recommended to control speed.
Councilwoman McCarthy again asked what could be used instead. Mr. Foster replied that the
Town could use the speed trailer or the Town Patrol to enforce the speed limit in that area. Mr.
Paggi agreed that the best way is with enforcement. Councilwoman McCarthy then stated that, if
her only other choice is enforcement, then she supports putting a stop sign up. Councilman
Beale wanted to know why the Town wouldn't want stop signs on that intersection. Mr. Foster
replied that there was no stop sign there because nobody requested one. There are hundreds of
similar intersections throughout the Town that do not have stop signs. Councilwoman McCarthy
stated that she will make the formal request to put stop signs on these intersections. Councilman
Beale added that the Town would want to err on the side of caution. The last thing the Town
wants is for someone to get injured or killed at this intersection after having this discussion.
Discussion followed. Supervisor Ruggiero asked Mr. Roberts to prepare something for the next
Town board Meeting. He then closed the discussion at 9:26 PM.
H. 2007 Highway Paving Plans — Graham Foster
Supervisor Ruggiero opened the discussion at 9:26 PM. The Town Highway
Superintendent, Graham Foster, has submitted his proposed list of roads for paving. The Town
is anticipating $123,000 in CHIPS money from the State of New York. It would take another
$305,000 from the Bonding Program that the Town does for Highway. It is up to the Board as to
whether they would like to accept the proposed list as is. Councilwoman McCarthy asked if the
work has been awarded. Supervisor Ruggiero and Mr. Foster explained that the figures are
estimations based on how many man hours and tons of blacktop the work would require. All of
the work is done in house. There will be one Highway Bond. Discussion followed. Supervisor
Ruggiero closed the discussion at 9:29 PM.
1. Cider Mill Loop Interior Tank Painting — Jay Paggi, Mike Tremper
Supervisor Ruggiero opened the discussion at 9:30 PM. He explained that the Board has
been given a memo from the Town Engineer, Jay Paggi, stating that the water tank at Cider Mill
Loop is in need of repair. Mr. Paggi explained that the Town repaired the inside of the old Cider
Mill Loop water tank six years ago. A subcontractor was recently hired by Mike Tremper, of
CAMO Pollution Control, to dive into and inspect the tank. That inspection revealed that there is
work to be done. Mr. Paggi then asked a contractor to make an estimate of what it would cost
to repair the interior of the tank. That contractor agreed that it should be done and estimated the
cost to be $250,000 to $300,000. They also said that the coatings that the Town is now allowed
to use do not have the life that the older coatings had. The new coatings should still get about 10
Town of Wappinger Page 8 Printed 9112/2007
Regular Meeting Minutes August 27, 2007
years of life. Mr. Paggi recommends that the Board plan on making these repairs within the next
year or so. Discussion followed.
Councilman Paoloni asked why the cost to do the work now is so much more than the
cost to do the work last time. Mr. Tremper explained that the $103,000 figure may not be a good
comparison because the work may not have been done correctly. The Town had a problem with
the contractor on this project, which may be the reason it needs to be fixed so soon. Supervisor
Ruggiero asked how the Town could be sure that they don't have the same problem this time.
Mr. Paggi answered that he had a good experience with a firm out of Buffalo that did work for
the Village of Wappingers Falls. That firm looked over the specifications and determined that it
is a standard specification. They also checked references carefully.
Councilman Paoloni asked if the water was dissolving the paint. Mr. Tremper explained
that it is a condition called "adhesion moss". It is not a serious condition now, but to prevent it
from getting worse, the Town should act to repair it now.
Supervisor Ruggiero asked what it costs to build this tank. He wanted to know if it made
more sense to take the tank out of service and rebuild it instead. Mr. Paggi did not think so. The
tank still has a lot of steel left to it. With the coatings that are available today, it does require a
more aggressive maintenance schedule, but it is still a good steel tank. Mr. Tremper explained
that a new tank would be a glass tank. The glass lined tank would have a different type of
maintenance. Mr. Paggi feels that these are better tanks. He will conduct a cost analysis to see
what the difference would be to build a new tank compared to repairing the current tank. Mr.
Tremper added that there are negative components to glass lined tanks.
Councilman Paoloni wanted to know how many times the Town has repaired the current
tank. Mr. Paggi answered that it was repaired in 1986 and 2001. The longer lasting 1986 job
was done with a different type of paint that is no longer permitted.
Supervisor Ruggiero closed the discussion at 9:40 PM.
J. Rockingham Tank Demolition — Jay Paggi
Supervisor Ruggiero opened the discussion at 9:40 PM and asked Jay Paggi, Town
Engineer, to explain the t?Xic to the Board. Mr. Paggi explained the he and the Town Clerk
opened bids on August 14 , 2007, for this project. When the bids were reviewed, it was
discovered that the lowest bid of $46,000 was calculated improperly and inappropriately.
Therefore, Mr. Paggi recommends that the lowest bid be rejected and the second lowest bidder,
Taylor Recycling, with a bid of $48,213.35, be accepted. Mr. Paggi has checked their references
and found the firm to be acceptable. They do have an appropriately approved apprenticeship
program and they are a union shop. The original estimate for the project was $50,000. The
second lowest bid is below that estimate. Again, Mr. Paggi recommended awarding the bid to
Taylor Recycling Facility for $48,213.35.
Councilwoman McCarthy asked how there could be such a disparity between the bids.
Mr. Paggi replied that he could not answer that question, but noted that the first three bids were
fairly close. He explained that there are unit prices in the bid. The lowest bidder entered total
numbers in the unit price line. If done correctly, this bidders total would have been a couple
million Dollars. Discussion followed.
Supervisor Ruggiero closed the discussion at 9:43 PM.
K. Vilardi DEC Issue - Jay Paggi, George Kolb
Supervisor Ruggiero opened the discussion at 9:43 PM. He stated that the Town is still
getting the "run-around" with Dr. Vilardi and asked Jay Paggi, Town Engineer, to summarize the
situation. Mr. Paggi explained that the Town's involvement with this is in the issuance and re -
issuance of a grading permit. They do not have a current valid grading permit and have applied
for one. They've applied to segment the construction of the track into three phases. Mr. Paggi's
concern is that the phases stretch out until the end of the year 2010. Councilman Bettina stated
that he is not happy with this. Supervisor Ruggiero agreed that this is unacceptable. Mr. Paggi
went on to say that he went to inspect the property and observed that the section of the track that
had been disturbed last year is now stabilized by weed grass. Councilwoman McCarthy and
Councilman Bettina asked for confirmation that Mr. Paggi stated that the weed grass is what
holds the dirt and deems it stabilized. Mr. Paggi confirmed.
George Kolb, Director of Code Enforcement, then discussed meetings that he has had
with various agencies regarding this property. One meeting was with a biologist from the DEC
and another enforcement officer from the DEC. Their goal in the inspection is to ensure that the
mitigation area that Mr. Vilardi was to install was up to their standards. The DEC agents were
satisfied with everything that is going on at the property. Mr. Kolb explained that there is quite a
bit of confusion as to what Mr. Vilardi is required to submit to the Town under the DEC
regulations. The DEC mandated that a SWPP (storm water protection plan) is implemented and
inspected on a weekly basis. That has not occurred in the past and is not currently happening.
Town of Wappinger Page 9 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
Mr. Kolb is waiting to find out from the DEC whether Mr. Vilardi is going to be required to
submit the SWPP to the Town if the grading permit is issued.
Supervisor Ruggiero asked if the MS4 regulations that the Town adopted gives the Town
the ability to act in this situation. Al Roberts, Town Attorney, replied that he was not sure and
explained that this is clearly deemed a farm operation which grants certain exemptions.
Supervisor Ruggiero asked if Mr. Vilardi has produced the $10,000 in crop per year that is
required to maintain the Ag & Market exemption. Mr. Kolb added that this was one of the
reasons for the meeting that he had with Assemblyman Miller. He has written letters to Ag &
Markets asking them to investigate two properties in the Town for confirmation that the
properties are abiding by all regulations. Mr. Kolb had not received any letters or phone calls
back from Ag & Markets until the Assemblyman was brought in. Discussion followed.
Mr. Paggi mentioned that he has a meeting coming up with the applicants engineer
regarding the current grading permit application that does extend it out to the year 2010. He
asked for guidance from the Board. Supervisor Ruggiero stated that his first instinct is to reject
it, but believes the Town's hands may be tied and might not have the authority to reject it.
Councilman Bettina believes that the 2010 time line is outrageous and needs to be shortened.
Mr. Roberts recommended that the simple answer is to deny the permit as requested and give
parameters of a permit that the Town will grant.
With no other comments or questions, Supervisor Ruggiero closed the discussion at
10:00 PM.
L. AW Scrap Noise Testing — George Kolb
Supervisor Ruggiero opened the discussion at 10:00 PM. He explained that George
Kolb, Director of Code Enforcement, has submitted a proposal for a noise test at the AW Scrap
Metal compound. The cost is to be split between the Town and the company. The test should
help resolve the noise issue and perhaps lead to a better Noise Ordinance.
Mr. Kolb explained the proposal to the Board and the meetings that lead to this proposal.
He echoed the Supervisor's comment that this will lead to a better Ordinance. Along with this
test, the Town has also asked the County Board of Health to do a number of well tests.
Councilwoman McCarthy asked if the $7700 figure in the proposal was the total cost or just the
Town's share. Mr. Kolb replied that he believes that is the total cost. Discussion followed.
Supervisor Ruggiero made a motion to accept the noise testing proposal. The motion was
seconded by Councilman Bettina and passed unanimously. The discussion was then closed at
10:06 PM.
Motion To: accept the noise testing proposal
RESULT: ADOPTED [UNANIMOUS]
MOVER: Joseph Ruggiero, Supervisor
SECONDER: Vincent Bettina, Councilman
AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni
M. Recreation Salary Issues
Supervisor Ruggiero opened the discussion at 10:06 PM. He explained that there is an
issue with the Recreation Department. The Supervisor's Office received a memo from
Recreation regarding summer camp directors. The memo stated that there were camp directors
that were going on vacation. The Recreation Department had to then hire back former directors.
The former directors were paid at a much higher rate. The Supervisor stated that he was not
happy about the way this was handled and wants to know when the Recreation Department was
made aware that the directors were going on vacation. He feels that a director that is taking a
position for 6-7 weeks should be present the entire time. That issue, and whether these directors
will be accepted back, will be discussed at a later time. At this point, the Board needs to give
authorization to compensate these employees. Discussion followed. Councilwoman McCarthy
made a motion to accept the memo and approve that the employees be compensated. The motion
was seconded by Supervisor Ruggiero and passed unanimously. With no other comments, the
discussion was closed at 10:09 PM.
Town of Wappinger . Page 10 Printed 9/1212007
Regular Meeting Minutes August 27, 2007
Motion To: accept the memo from Recreation and approve the compensation of the
replacement directors
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER; Joseph Ruggiero, Supervisor
AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni
VII. Resolutions
RESOLUTION: 2007-155
Resolution Authorizing Return of Escrow for 54 Viola Court for Seeding
WHEREAS, on or about December 28th, 2006, O'Donnell's Inc. deposited One
Thousand Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the
property located at 54 Viola Court for seeding, and
WHEREAS, O'Donnell's Inc. has requested a refund in the amount of One Thousand
Five Hundred Dollars and 00/100 ($1,500.00), and has been approved by Salvatore Morello III,
Code Enforcement Officer, in a letter dated July 23`d, 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 Five Hundred Dollars and
00/100 ($1,500.00) made payable to O'Donnell's Inc. for the refund of the unused
escrow deposited for the property located at 54 Viola Court.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-155
Yes/Aye
No/Nay
Abstain
Absent
0 Adopted
Joseph RuggieroVoter
0
❑
❑
❑
❑ Adopted as Amended
William Beale
Voter
®
❑
❑
❑
❑ Defeated
Vincent Bettina
seconder
a
❑
❑
❑
❑ Tabled
❑ Withdrawn
cC
Maureen McCarthy
Initiator
0
❑
❑
❑
Joseph Paoloni
Voter
®
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-156
Resolution Authorizing Return of Escrow for 5 Gerhard Court for Driveway
WHEREAS, on or about December 14th, 2006, O'Donnell's Inc. deposited One
Thousand Two Hundred Dollars and 00/100 ($1,200.00) with the Town of Wappinger for the
property located at 5 Gerhard Court for driveway, and
WHEREAS, O'Donnell's Inc. has requested a refund in the amount of One Thousand
Two Hundred Dollars and 00/100 ($1,200.00), and has been approved by Salvatore Morello III,
Code Enforcement Officer, in a letter dated July 18th, 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 Two Hundred Dollars and
00/100 ($1,200.00) made payable to O'Donnell's Inc. for the refund of the unused
escrow deposited for the property located at 5 Gerhard Court.
Town of Wappinger Page 11 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-156
Yes/Aye
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
❑
Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑
Defeated
Vincent Bettina
Seconder
0
❑
❑
❑
❑
Tabled
Maureen McCarthy
Initiator,
0
❑
❑
❑
❑
Withdrawn
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-157
Resolution Authorizing Return of Escrow for 1281-1289 Route 9 for Retaining Wall
WHEREAS, on or about March 23`d, 2007, KBL Corporation deposited Forty Thousand
Dollars and 00/100 ($40,000.00) with the Town of Wappinger for the property located at 1281-
1289 Route 9 for a retaining wall, and
WHEREAS, KBL Corporation has requested a refund in the amount of Forty Thousand
Dollars and 00/100 ($40,000.00), and has been approved by George Kolb, Code Enforcement
Director, in a letter dated August 18th, 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 Forty Thousand Dollars and 00/100
($40,000.00) made payable to KBL Corporation for the refund of the unused
escrow deposited for the property located at 1281-1289 Route 9.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-157
Yes/Aye
No/Nay
Abstain
Absent
0 Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
❑ Adopted as Amended
William Beale
Initiator
0
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
0
❑
❑
❑
❑ Tabled
Maureen McCarthy
Seconder
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-158
Resolution Authorizing Return of Escrow for 170 Osborne Hill Road for Stabilization and
Driveway
WHEREAS, on or about February 5th, 2007, Kristine E. Horend deposited Four
Thousand Nine Hundred Fifty Dollars and 00/100 ($4,950.00) with the Town of Wappinger for
the property located at 170 Osborne Hill Road for stabilization and driveway, and
WHEREAS, Kristine E. Horend has requested a refund in the amount of Four Thousand
Nine Hundred Fifty Dollars and 00/100 ($4,950.00)
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 retroactively approved in the amount of Four Thousand Nine Hundred Fifty
Dollars and 00/100 ($4,950.00) made payable to Kristine E. Horend, for the refund of the
unused escrow deposited for the property located at 170 Osborne Hill Road.
Town of Wappinger Page 12 Printed 911212007
Regular Meeting Minutes August 27, 2007
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-158
Yes/Aye
Yes/Aye
No/Nay
Abstain
Absent
®
Adopted
Joseph Ruggiero
Voter
®
❑
❑
❑
❑
Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑
Defeated
Vincent Bettina
Initiator
0
❑
❑
❑
❑
❑
Tabled
Maureen McCarthy
Seconder
0
❑
❑
❑
❑
Withdrawn
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-159
Resolution. Authorizing Building Fees Refund Due to Amending Permit
WHEREAS, Paul Beretta paid the Town of Wappinger One Hundred Dollars and 00/100
($100.00) on September 26th, 2006, for a building permit for a renovation and Five Hundred
Eighty Three Dollars and 00/100 ($583.00) on October 3't, 2006, for a building permit for an
addition; and
WHEREAS, the square footage of the renovations decreased from one thousand seven
hundred twenty eight (1,728) square feet to one thousand eight (1,008) square feet; and
WHEREAS, George Kolb, Director of Code Enforcement, has recommended in his letter
to the Town Board dated April 23`t, 2007, that Two Hundred Dollars and 76/100 ($200.76) be
refunded to Paul Beretta due to overpayment; and
WHEREAS, Paul Beretta has requested, in a letter to the Town Board dated April 27th,
2007, a refund in the amount of Two Hundred Dollars and 76/100 ($200.76) due to overpayment
on a building permit.
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 Hundred Dollars and 76/100
($200.76), made payable to Paul Beretta, for overpayment on a building permit.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-159
Yes/Aye
No/Nay
Abstain
Absent
0 Adopted
Joseph Ruggiero
Voter
0
❑
11
13
❑ Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑ Defeated
❑
Vinc11 ent Bettina
Seconder
0
❑
❑
❑
Tabled
❑ Withdrawn
Maureen McCarthy
Initiator
0
❑
❑
❑
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-160
Resolution Authorizing Linda Walters to Attend New York State Association Magistrate's
Court Clerks Training Seminar
WHEREAS, Heather Kitchen and Carl Wolfson, Town Justices, have requested
authorization to send Linda Walters to the New York State Association Magistrate's Court
Clerks Training Seminar, and
WHEREAS, the class takes place September 30th through October 3't, 2007, in
Tarrytown and costs Two Hundred Fifty Dollars and 00/100 ($250.00).
NOW, THEREFORE, BE IT RESOLVED, Heather Kitchen and Carl Wolfson, Town
Justices, have authorization to send Linda Walters to the New York State Association
Magistrate's Court Clerks Training Seminar held in Tarrytown that takes place September 301h
through October 3`t, 2007 with the total cost not to exceed Two Hundred Fifty Dollars and
00/100 ($250.00).
Town of Wappinger Page 13 Printed 9/1212007
Regular Meeting Minutes August 27, 2007
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-160
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
❑
Adopted as Amended
William Beale
Initiator
0
❑
❑
❑
❑
Defeated
Vincent Bettina
Voter
0
❑
❑
❑
❑
❑
Tabled
Withdrawn
Maureen McCarthy
Seconder
a
❑
❑
❑
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-161
Resolution Authorizing Justice Court Assistance Program
WHEREAS, The Town of Wappinger Justice Court is eligible for a grant from the State
of New York Unified Court System through the Justice Court Assistance Program, and
WHEREAS, Town of Wappinger Justices, Carl S. Wolfson and Heather L. Kitchen, and
the Town of Wappinger Justice Court Chief Clerk, Cheryl Hait, have recommended an
application for such a grant be made, and
WHEREAS, Justice Carl S. Wolfson and Chief Clerk Cheryl Hait have prepared an
application to the Justice Court Assistance Program Grant in the form attached hereto.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board hereby authorizes application to be made on behalf of the Town of
Wappinger Justice Court pursuant to the Justice Court Assistance Program for a grant to cover
the costs of purchasing four commercial quality printing calculators, four low volume shredders,
one high volume shredder, and six speakerphones, and
3. The Town Board authorizes said application to be signed by Supervisor Joseph Ruggiero
as well as Town Justices Carl S. Wolfson and Heather L. Kitchen and further authorizes and
ratifies the actions of Supervisor Joseph Ruggiero who signed the certification attached to the
application dated July 25th, 2007.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-161
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Joseph Ruggiero
Voter
El
❑
❑
❑
❑
Adopted as Amended
William Beale
Seconder
l�
❑
❑
❑
❑
Defeated
Vincent Bettina
Voter
❑
❑
❑
Tabled
Withdrawn
Maureen McCarthy
Initiator
l�
❑
❑
❑
Joseph Paoloni
Voter
o
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-162
Resolution to Authorize a Public Hearing on the Intended Use of Community Development
Block Grant Funds
WHEREAS, the Dutchess County Department of Planning and Development is soliciting
applications for the 2008 Community Development Block Grant Program; and
WHEREAS, the Town of Wappinger intends to make application for a Community Development
Block Grant pursuant to the Dutchess County Department of Planning and Development's Community
Development Block Grant Program for calendar year 2008; and
WHEREAS, the Town of Wappinger is required to hold a Public Hearing to discuss the Town's
intended use of Community Development Block Grant Funds prior to and in furtherance of making
application for said funds.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board hereby schedules a Public Hearing to be held at Town Hall, 20
Town of Wappinger Page 14 Printed 911212007
Regular Meeting Minutes August 27, 2007
Middlebush Road, Wappingers Falls, New York, on the 10u' day of September, 2007 at
7:30 P.M. at which time all parties in interest and citizens shall have an opportunity to offer comments
and suggestions on the Town's intended use of Community Development Block Grant Funds being
applied for by the Town of Wappinger for calendar year 2008.
3. The Town Board has determined that pursuant to 6 NYCRR 617.5 (c) (20) the proposed
adoption of the aforementioned Resolution is a Type II action not requiring environmental review
pursuant to the State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of
1992 and, accordingly, no environmental review has been undertaken.
4. John C. Masterson, Town Clerk to the Town of Wappinger, is hereby directed to post and
publish the Notice of Public Hearing in the form annexed hereto which said publications are to be made in
the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled
Public Hearing.
The foregoing was put to a vote which resulted as follows:
vote Record - Resolution RES -2007-162
Yes/Aye
No/Nay
Abstain
Absent
® Adopted
Joseph Ruggiero
Voter
®
❑
❑
❑
❑ Adopted as Amended
William Beale
Seconder
®
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
®
❑
❑
❑
13 Tabled
❑ Withdrawn
Maureen McCarthy
Initiator
_.
®
❑
❑
❑
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-163
Resolution Authorizing Public Hearings to Hear Objections to the Assessment Rolls for
Special Improvement Districts and Special Improvement Areas for Calendar Year 2008
WHEREAS, the Town Board has completed the assessment rolls for all Special
Improvement Districts and Special Improvement Areas in the Town of Wappinger; and
WHEREAS, the Town Board hereby schedules and orders a Public Hearing for the
purposes of hearing and considering any objections which maybe made to the assessment rolls
for all Special Improvement Districts and/or Special Improvement Areas within the Town for use
in calendar year 2008.
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 confirms that it has completed the assessment rolls for
all Special Improvement Districts and Special Improvement Areas in the Town of Wappinger
and has filed same with the Town Clerk on August 21St, 2007.
3. The Town Board hereby schedules a Public Hearing for the purposes of hearing
and considering any objections which may be made to said assessment rolls for the Special
Improvement Districts and Special Improvement Areas listed below, said Public Hearing to be
held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 24th day of
September, 2007, starting at 7:30 p.m.:
SPECIAL IMPROVEMENT DISTRICTS/SPECIAL IMPROVEMENT AREAS:
United Wappinger Water District
Wappinger Sewer Improvement Area No. 1
Rockingham Farms Sewer District
Wappinger Sewer Transmission/ Treatment Improvement Area - Phase 1
Wappinger Sewer Transmission/ Treatment Improvement Area - Phase 2
Wappinger Sewer Transmission/ Treatment Improvement Area - Phase 3A
Mid -Point Park Sewer District
Wildwood Sewer District
Watch Hill Sewer District
Watch Hill Water District
Tall Trees Water Improvement Area
Fleetwood Water District
Fleetwood Sewer District
Town -wide Ambulance District
Meadowood Water District
4. The Town Clerk is hereby directed to post and publish the Notice of Public
Hearing in the form annexed hereto. Said posting and publications are to be made in the
Town of Wappinger Page 15 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the
scheduled Public Hearing. The Public Hearing shall be held at the Town Hall, 20 Middlebush
Road, Wappingers Falls, New York on the 24`h day of September, 2007 at 7:30 p.m.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-163
Yes/Aye
No/Nay
Abstain
Absent
0 Adopted
Joseph Ruggiero
Voter
EI
❑
❑
❑
❑ Adopted as Amended
William Beale
Voter
a
❑
❑
❑
❑ Defeated
Vincent Bettina
Seconder
a
El
El
❑
❑ Tabled
Maureen McCarthy
Initiator
❑
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-164
Resolution Appointing Christian Harkins as Joint Assessor
WHEREAS, pursuant to Local Law No. 8 of 2006, the Town of Wappinger and the
Town of Fishkill entered into a Coordinated Assessment Program; and
WHEREAS, by Resolution adopted December 26th, 2006, the Town Board appointed
Christian Harkins as Joint Assessor for the Town of Wappinger pursuant to the Coordinated
Assessment Program Agreement between the Town of Wappinger and the Town of Fishkill; and
WHEREAS, the Assessor's appointment is scheduled for reappointment effective
October 1St, 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. Christian Harkins is hereby appointed to the position of Joint Assessor pursuant to
Local Law No. 8 of 2006 of the Town of Wappinger, and pursuant to the
Coordinated Assessment Agreement between the Towns of Wappinger and
Fishkill, dated December 28th, 2006.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-164
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Joseph Ruggiero
Voter
B
❑
❑
❑
❑
Adopted as Amended
William Beale
Voter
❑
❑
❑
Defeated
Vincent Bettina
Voter
❑
❑
❑
❑
❑
Tabled
Withdrawn
Maureen McCarthy
Initiator
0
❑
❑
❑
Joseph Paoloni
Seconder
El
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-165
Resolution Authorizing Release of Letter of Credit (Carmel Heights Subdivision)
WHEREAS, the Town Board had previously accepted, by Resolution 2006-167, all of
the improvements made in connection with the Carmel Heights Subdivision, including the
detention pond, which detention pond was completed to the satisfaction of the Town Highway
Superintendent, Graham Foster and the Engineer to the Town, Joseph E. Paggi, Jr., P.E.; and
WHEREAS, the Town Board had also previously accepted a Maintenance Agreement
secured by a Letter of Credit issued by the Bank of New York in the sum of Seven Thousand
Seven Hundred Dollars ($7,700.00), Serial No. 3330001507, in the favor of the Town of
Wappinger, to secure the developer's obligations to guarantee the quality and workmanship of
the construction of the detention pond for a period of one year; and
WHEREAS, the Maintenance Agreement previously accepted required that the
developer guarantee that the detention pond would be free from defects in materials and
workmanship for a period of one year; and
Town of Wappinger Page 16 Printed 911212007
Regular Meeting Minutes August 27, 2007
WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, and
Joseph E. Paggi, Jr., P.E., Engineer to the Town, have inspected the detention pond and have
found that there are no deficiencies thereby recommending release of the aforementioned
security, by letter dated May 9th, 2007, which letter is attached hereto as Exhibit "1 ".
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 acknowledges that the detention pond has been inspected by the Town
Highway Superintendent, Graham Foster and the Engineer to the Town, Joseph E. Paggi, Jr.,
P.E., and that their inspection revealed that there were no deficiencies in the detention pond and
that a period of one year has elapsed since the acceptance of the Maintenance Agreement secured
by Letter of Credit.
3. Based upon the inspection by Graham Foster and Joseph E. Paggi, Jr., they have
recommended that the Maintenance Agreement secured by Letter of Credit be released.
4. Supervisor Joseph Ruggiero is hereby authorized to return the Letter of Credit security
issued by the Bank of New York in the sum of Seven Thousand Seven Hundred Dollars
($7,700.00), Serial No. 3330001507, in favor of the Town of Wappinger.
The foregoing was put to a vote which resulted as follows:
Vote Record'- Resolution RES -2007-165
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Joseph Ruggiero
Voter
®
❑
❑
❑
❑
Adopted as Amended
William Beale
Voter
®
❑
❑
❑
❑
Defeated
Vincent Bettina
Seconder
®
❑
_.......
❑
❑
❑
❑
Tabled
Withdrawn
Maureen McCarthynitiator
y
®
❑
❑
❑
Joseph Paoloni
Voter
®
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
Motion To: Amend Resolution 2007-166 to strike the word Old from the street name Old
Oak Way
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Beale, Councilman
SECONDER: Joseph Paoloni, Councilman
AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni
RESOLUTION: 2007-166
Resolution Naming Oak Way
WHEREAS, there is a private road located in the Mid -Hudson Holdings LLC
Subdivision on Ketchamtown Road in the Town of Wappinger without a name, and
WHEREAS, it is important to name this road in order to assist emergency personnel
with location, and
WHEREAS, the Town Board has decided to name this road "Oak Way" pending
approval from Dutchess County 911, and
WHEREAS, Jim Tompkins, Program Assistant for Dutchess County Emergency
Response, has retroactively determined that there are no conflicts with the name "Oak Way", and
WHEREAS, the Town of Wappinger Fire Prevention Bureau finds no conflicts within
the Town with the name "Oak Way."
NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes formally
naming the private road located in the Mid -Hudson Holdings LLC Subdivision Oak Way.
Town of Wappinger Page 17 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-166
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Joseph Ruggiero
Voter
0
❑
❑
.
❑
❑
Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑
Defeated
Vincent Bettina
Seconder
0
❑
❑
❑
❑
Tabled
Maureen McCarthy
Initiator
0
❑
❑
❑
❑
Withdrawn
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-167
A Resolution Authorizing, Subject to Permissive Referendum, the Issuance of $450,000
Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the
Purchase of Equipment for Construction and Maintenance Purposes for the Highway and
Recreation Departments In and for Said Town
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total
voting strength of the Town Board of the Town of Wappinger, Dutchess County, New York, as
follows:
Section 1. For the class of objects or purposes of paying the cost of the purchase of
equipment for construction and maintenance purposes for the Highway and Recreation
Departments, in and for the Town of Wappinger, Dutchess County, New York, each item of
which is $30,000 or more, including incidental equipment and expenses in connection therewith,
there are hereby authorized, subject to permissive referendum, to be issued $450,000 bonds of
said Town pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of said class of
objects or purposes is $450,000 and that the plan for the financing thereof is by the issuance of
the $450,000 of bonds of the Town authorized to be issued therefor pursuant to the provisions of
Section 1 hereof.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a
of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the bonds herein authorized will exceed five years.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor,
the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in
such manner, as may be prescribed by said Supervisor, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New
York, are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made
in each year sufficient to pay the principal of and interest on such bonds becoming due and
payable in such year. There shall annually be levied on all the taxable real property of said
Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due
and payable.
Section 6. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or declining annual
debt service and all matters related thereto, prescribing whether manual or facsimile signatures
shall appear on said bonds, prescribing the method for the recording of ownership of said bonds,
appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of
said bonds (and if said bonds are to be executed in the name of the Town by the facsimile
signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a
designated official of the Town), the date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation with other issues, shall be
determined by the Supervisor. Such bonds shall contain substantially the recital of validity
clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such
form and contain such recitals in addition to those required by section 52.00 of the Local Finance
Law, as the Supervisor shall determine.
Section 7. This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies
Town of Wappinger Page 18 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose described herein.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. Upon this resolution taking effect, the same shall be published in summary
form in the official newspaper of said Town for such purpose, together with a notice of the Town
Clerk in substantially the form provided in Section 8 1. 00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE
REFERENDUM.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record- Resolution RES -2007-169
❑
Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑
Adopted as Amended
Joseph Ruggiero
Voter
0
❑
❑
❑
❑
Defeated
William Beale
Voter
0
❑
❑
❑
0
Tabled
Vincent Bettina
Initiator
0
❑
❑
❑
❑
Withdrawn
Maureen McCarthy
Voter
0
❑
❑
❑
Next: Sep 10th, 2007 7:30 PM
Jos h Paoloni
Seconder
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly tabled.
RESOLUTION: 2007-168
A Resolution Authorizing, Subject to Permissive Referendum, the Reconstruction and/or
Resurfacing of Streets Located Throughout and in and for the Town of Wappinger,
Dutchess County, New York, At a Maximum Estimated Cost of $435,000, and Authorizing
the Issuance of $435,000 Bonds of Said Town to Pay the Cost Thereof
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental Quality Review
Act as a Type II Action, have been performed; and
WHEREAS, it is now desired to authorize such capital project and its financing;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
Wappinger, Dutchess County, New York, as follows:
Section 1. The reconstruction and/or resurfacing of various Town streets located
throughout and in and for the Town of Wappinger, Dutchess County, New York, including
sidewalks, curbs, gutters, landscaping, grading or improving the rights of way, as well as
incidental improvements and expenses in connection therewith, is hereby authorized, subject to
permissive referendum, at a maximum estimated cost of $435,000.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by
the issuance of $435,000 bonds of said Town, hereby authorized to be issued therefor pursuant to
the provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph
a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New
York, are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made
in each year sufficient to pay the principal of and interest on such bonds becoming due and
payable in such year unless paid from other revenues. There shall annually be levied on all the
taxable real property of said Town, a tax sufficient to pay the principal of and interest on such
bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor
Town of Wappinger Page 19 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the
provisions of the Local Finance Law.
Section 6. All other matters except as provided herein relating to the bonds herein
authorized including the date, denominations, maturities and interest payment dates, within the
limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also the ability to issue bonds with substantially level or
declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of
such Town. Such bonds shall contain substantially the recital of validity clause provided for in
Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such
recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the
Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 7. The validity of such bonds and bond anticipation notes may be contested
only if.
1) Such obligations are authorized for an object or purpose for which said Town is
not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose described herein.
Section 9. Upon this resolution taking effect, the same shall be published in full or
summary form in the official newspaper(s) of said Town for such purpose, together with a notice
of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE
REFERENDUM.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-168
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Joseph Ruggiero
Voter
0
❑
❑
11❑
Adopted as Amended
William Beale
Voter
a
❑
❑
❑
❑
Defeated
Vincent Bettina
Voter
8
13
13
❑
❑
Tabled
Withdrawn
Maureen McCarthy
Seconder
8
❑
❑
❑
Joseph Paoloni
Initiator
a
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-169
Resolution Authorizing Endorsement of Dutchess County Classic
WHEREAS, the Mid -Hudson Road Runners Club, will be sponsoring the Annual
Dutchess County Road Runners Race to be held on Sunday, September 16th, 2007; and
WHEREAS, The Mid -Hudson Road Runners have provided proof of General Liability
Insurance in the amount of One Millions Dollars ($1,000,000.00)
WHEREAS, The Mid -Hudson Road Runners Club requests that Robinson Lane be
closed from 8:OOAM to 9:30AM on Sunday, September 16a', 2007 for the safety of the runners.
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 endorses Mid -Hudson Road Runners Club's sponsorship of the
Dutchess County Road Runners Race on Sunday, September 16th, 2007.
3. The Town Board hereby authorizes the Mid -Hudson Road Runners Club shut down
Robinson Lane between 8:OOAM and 9:30AM.
4. This Resolution is adopted on the condition that the Mid -Hudson Road Runners Club
provide proof of General Liability Insurance in the amount of One Million Dollars
($1,000,000.00) per occurrence naming and insuring the Town of Wappinger as
Certificate Holder and additionally insured against any actions, claims, or lawsuits arising
Town of Wappinger Page 20 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
from personal injury, property damage, and/or negligent acts caused by the Dutchess
County Classic Race or any of its participants, agents and/or employees, including the
organizing organizations, while performing services in the Town of Wappinger pursuant
to this Resolution.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record'- Resolution RES -1007-169
Yes/Aye
No/Nay
Abstain
Absent
® Adopted
Joseph Ruggiero
Voter
®
❑
❑
❑
❑ Adopted as Amended
William Beale
Voter
0
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
®
❑
❑
❑
❑ Tabled
Maureen McCarthy
Seconder
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Initiator
®
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-170
Resolution Approving Z3 Consultants, Inc. and the Inspector, LLC as Approved Electrical
Inspectors for the Town of Wappinger
WHEREAS, Chapter 114 of the Town Code of the Town of Wappinger requires all
electrical installations to be in conformity with the National Electrical Code and the New York
State Uniform Code; and
WHEREAS, Section 114-4. permits the Town Board to authorize and approve qualified
electrical inspection agencies to make inspections, re -inspections, and to approve or disapprove
any electrical installations within the Town of Wappinger to insure compliance with the National
Electrical Code and the New York State Uniform Code; and
WHEREAS, Z3 Consultants, Inc., with an address at 19 Fowler Avenue, Poughkeepsie,
New York, 12603, and The Inspector, LLC, with an address at 7063 State Route 374,
Chateaugay, New York 12920, have both requested to be approved electrical inspection agencies
for the Town of Wappinger; and
WHEREAS, George A. Kolb, Director of Code Enforcement for the Town of Wappinger
has reviewed the qualifications of Z3 Consultants, Inc. and The Inspector, LLC to act as
electrical inspectors for the Town of Wappinger and George A. Kolb has determined that the
aforesaid organizations meet all criteria required by the National Electrical Code to qualify as
electrical inspection agencies; and
WHEREAS, George A. Kolb, Director of Code Enforcement for the Town of Wappinger
has recommended that Z3 Consultants, Inc. and The Inspector, LLC be approved to provide
professional ministerial electrical inspection services for all electrical installations within the
Town of Wappinger to assure compliance with the National Electrical Code and the New York
State Uniform Code.
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. Z3 Consultants, Inc., with an address at 19 Fowler Avenue, Poughkeepsie, New
York, 12603, and The Inspector, LLC, with an address at 7063 State Route 374, Chateaugay,
New York, 12920, are hereby approved to be qualified electrical inspectors for the Town of
Wappinger and are authorized to provide ministerial electrical inspection services for all
electrical installations within the Town of Wappinger to insure compliance with the National
Electrical Code and the New York State Uniform Code. Z3 Consultants, Inc. and The Inspector,
LLC are further appointed as agents of the Town of Wappinger to make electrical inspections
and any necessary re -inspections of all electrical installations made in the Town of Wappinger,
in accordance with Chapter 114 of the Code of the Town of Wappinger.
Town of Wappinger Page 21 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-170
Yes/Aye_
No/Nay
Abstain
Absent
Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
❑ Adopted as AmendedRl
William Beale
Voter
0
❑
❑
❑
❑ Defeated
Vincent Bettina
Initiator
0
❑
❑
❑
❑ Tabled
Maureen McCarthy
Voter
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Seconder
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-171
Resolution Authorizing Town Highway Superintendent to Participate In the County
Highway Snow and Ice Control Program
WHEREAS, the Town Superintendent of Highways has been requested by the County of
Dutchess to participate in the regional County Highway Snow and Ice Control Program within
the boundaries of the Town, and
WHEREAS, and logically, an earlier or sooner response factor can be provided by Town
units and personnel within the locale thereby benefiting the overall safety and welfare of town
residents and local community interest, and
WHEREAS, such participation by the Town in removing snow from designated County
Highways, and by sanding and salting or otherwise treating them for the purpose of maintaining
highway safety and accessibility for emergency services, is specifically authorized by Article 6,
Section 135 of the New York State Highway Law,
NOW, THEREFORE, BE IT RESOLVED, that the Town Highway Superintendent be
and is herein authorized to perform such work as is found necessary, at hourly rates as agreed
upon by the Town and the County for the renting and hiring of such equipment for the Winter
season 2007-2008.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-171
Yes/Aye
No/Nay
Abstain
Absent
0
Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
❑
Adopted as Amended
William Beale
Initiator
0
❑
❑
❑
❑
Defeated
Vincent Bettina
Seconder
0
❑
❑
❑
❑
❑
Tabled
Withdrawn
Maureen McCarthy
Voter
0
❑
❑
❑
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-172
Resolution Authorizing George Kolb to Attend the Poughkeepsie Management Conference
WHEREAS, Director of Code Enforcement George Kolb, has requested authorization to
attend the Poughkeepsie Management Conference on October 29th, 2007, at the Best Western Inn
and Conference Center at a cost of One Hundred Ninety Five Dollars and 00/100 ($195.00).
NOW, THEREFORE, BE IT RESOLVED, Director of Code Enforcement George
Kolb is hereby authorized to attend the Poughkeepsie Management Conference on October 29th,
2007, at the Best Western Inn and Conference Center at a cost not to exceed One Hundred
Ninety Five Dollars and 00/100 ($195.00).
Town of Wappinger Page 22 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES=2007-172`
❑
Adopted
_
Yes/Aye
No/Nay
Abstain
Absent
® Adopted
Joseph Ruggiero
_
Voter
0
❑
❑
❑
❑ Adopted as Amended
William Beale
Voter
®
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
0
❑
❑
❑
❑ Tabled
❑ Withdrawn
Maureen McCarthy
Seconder
0
❑
❑
❑
Voter
Joseph Paoloni
Initiator
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27t11, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-173
Resolution to Accept New Fee Schedule of Swartz Architectural Group, P.C.
WHEREAS, THE Town Board has previously appointed the Swartz Architectural
Group, P.C. as architect for several Town projects, including but not limited to several projects at
Carnwath Estates; and
WHEREAS, Swartz Architectural Group, P.C. has been retained on an hourly basis; and
WHEREAS, Swartz Architectural Group, P.C. has advised the Town that its' hourly
rates will increase effective August 1, 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. The Town Board hereby acknowledges and accepts the fee schedule for the
Swartz Architectural Group, P.C. effective August 1, 2007 which fee schedule
will be utilized on all projects for which the Swartz Architectural Group, P.C. has
been or will be appointed.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record '= Resolution RES -2007-173
❑
Adopted
_
Yes/Aye
No/Nay
Abstain
Absent
❑
Adopted as Amended
Joseph Ruggiero
Voter
®
❑
❑
❑
❑
Defeated
William Beale
Seconder
®
❑
❑
❑
®
Tabled
Vincent Bettina
! Voter
0
❑
❑
❑
❑
Withdrawn
Maureen McCarthy
Voter
0
❑.
❑
❑
Next: Sep 10's, 2007 7:30 PM
Joseph Paoloni
Initiator
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly tabled.
RESOLUTION: 2007-174
Resolution Adopting Local Law No. 11 of the Year 2007, Creating Chapter 66 of the Town
Code, "Ambulance Notification"
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 66 of the Town Code, "Ambulance Notification"; 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 August 27th, 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
Town of Wappinger Page 23 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
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 Ambulance
Notification 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. 1 l of
the Year 2007 entitled Local Law No. 11 of the Year 2007, Creating Chapter 66 of the Town
Code, "Ambulance Notification", a copy of which is attached hereto and made part of this
Resolution.
4. 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 -2007-174
Yes/Aye
No/Nay
Abstain
Absent
a Adopted
Joseph Ruggiero
Voter
0
❑
❑ _
❑
❑ Adopted as Amended
William Beale
Seconder
!�
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
0
❑
❑
❑
❑ Tabled
Maureen McCarthy
Voter
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Initiator
......_
®
❑
❑
❑
Dated: Wappingers Falls, New York
August 27`h, 2007
The Resolution is hereby duly declared adopted.
Town of Wappinger Page 24 Printed 9/12/2007
LOCAL LAW NO. 11 OF THE YEAR 2007
A Local Law entitled "Local Law No. 11 of the Year 2007, Creating Chapter 66 of the
Town Code, Ambulance Notification.
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section -I: Title.
This Local Law shall be known and cited as Town of Wappinger Local Law No. 11 of
2007 entitled "Local Law No. 11 of the Year 2007, Creating Chapter 66 of the Town Code,
Ambulance Notification". This Local Law No. 11 of the Year 2007 hereby establishes and
creates Chapter 66 "AMBULANCE NOTIFICATION" of the Code of the Town of Wappinger.
Section -II: Creation of Chapter 66: "AMBULANCE NOTIFICATION".
Chapter 66 of the Town Code of the Town of Wappinger is hereby adopted to read as
follows:
"CHAPTER 66
AMBULANCE NOTIFICATION
§ 66-1. Legislative Intent and Purpose.
A. The purpose of this chapter is to promote the health, safety and general welfare of the
people of the Town of Wappinger, New York, by imposing requirements to insure that
the 911 emergency response system receives notification from ambulance services of any
emergency in the Town of Wappinger that it responds to, in order that properly trained
and equipped first responders can promptly respond to the scene of an emergency. This
Local Law is enacted pursuant to the authority granted to the Town by Municipal Home
Rule Law § 10(1) 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.
B. The Town Board hereby finds that ambulance services have been called to the scene of
an emergency within the Town of Wappinger in response to a telephone request outside
of the 911 system. Calls outside of the 911 system may result in the response of multiple
ambulances to the scene, or the call may result in the dispatch of an improperly equipped
ambulance, or may result in an increased response time. Calls to ambulances 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 in the 911 system. Calls outside of the 911 system increase the cost of
providing ambulance services to local taxpayers and third -party insurers.
C. The Town Board further 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.
D. 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.
E. The purpose of this law is to stop the abuses and unsafe practices caused by the
uncoordinated and unnecessary response by ambulance services that have been called for
medical assistance outside of the 911 emergency response system.
§ 66-2. Definitions.
A. The terms "ambulance service," "initial emergency medical assistance" and "advance life
support services" shall have the same meanings as defined in Article 30 of the Public
Health Law.
§ 66-3. Notification of emergency.
A. Any ambulance service receiving a request for initial emergency assistance and/or a
request for emergency advanced life support services to a location within the Town of
Wappinger shall notify the Dutchess County 911 Dispatcher of any request for such
services prior to dispatching an ambulance and any response shall be coordinated and
approved by the Dutchess County 911 Dispatcher.
§ 66-4. Penalty for Offense.
A. A first offense is punishable by a civil penalty as set forth in Chapter 122, Article V,
Section 122-20 HH (1) of the Code.
B. A second offense is a violation punishable by a fine, a civil penalty or both, as set forth in
Chapter 122, Article V, Section 122-20 HH (2) of the Code.
C. A third offense, and any subsequent offense, is a violation punishable by imprisonment of
not more than 15 days, a fine and/or a civil penalty as set forth in Chapter 122, Article V,
Section 122-20 HH (3) of the Code or any combination of the three.
Section -III: Amending "Chapter 122, FEES AND FINES."
"§ 122-20 is hereby amended by the addition of § 122-20 HH to read as follows:"
2
HH. Chapter 66 Ambulance Notification.
1. § 66-4 A., civil penalty:
(a) Minimum: $ 500.00
(b) Maximum: $ 1,000.00
2. § 66-4 B., fine:
(a) Minimum: $ 250.00
(b) Maximum: $ 500.00
§ 66-4 B., civil penalty:
(c) Minimum: $ 750.00
(d) Maximum: $ 1,500.00
3. § 66-4 C., fine:
(a) Minimum: $ 500.00
(b) Maximum: $ 2,000.00
§ 66-4 C., civil penalty:
(c) Minimum: $ 1,500.00
(d) Maximum: $ 5,000.00
Section -IV: Numbering for Codification.
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and
sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention;
the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter", "Section" or other appropriate word as required for codification; and any
such rearrangingof the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
ka
7J
Section -V: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circumstances. It is hereby
declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local
Law would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part thereof is held inapplicable had been specifically
exempt therefrom.
Section -VI: Effective Date.
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
f�
l
Ll
0
Regular Meeting Minutes August 27, 2007
RESOLUTION: 2007-175
Resolution Approving Financing Plan for Improvements to Airport Drive Soccer Field
WHEREAS, the Town of Wappinger owns and operates a 10+/- acre recreation field
located on Airport Drive known as the Airport Drive Recreation Field; and
WHEREAS, the Airport Drive Recreation Field is used primarily for soccer games and
other athletic events; and
WHEREAS, the Town contracts with the Wappinger United Soccer League to provide a
soccer program for the residents of the Town of Wappinger and has authorized the Wappinger
United Soccer League to utilize the Airport Drive Recreation Field for soccer games; and
WHEREAS, the Airport Drive Recreation Field is intensely used for soccer games and
other athletic events and is in need of refurbishing and/or replacement of the grass turf fields
and/or installation of a new artificial turf; and
WHEREAS, the Town Board has investigated the costs associated with the installation
of a new grass turf compared with the costs of installation of an artificial turf surface and has
determined that the installation of an artificial turf will ultimately be more cost effective; and
WHEREAS, the Engineer to the Town has determined that the installation of an artificial
turf will cost approximately $1,600,000.00; and
WHEREAS, the Wappinger United Soccer League has agreed to donate the sum of
$140,000.00 to the Town towards the cost of the installation of an artificial turf, leaving an
approximate balance of $1,460,000.00 necessary to fund the installation of the artificial turf; and
WHEREAS, the Town has the sum of $440,000.00 in the Parkland Trust Fund, a portion
of which could be used to fund the cost of the installation of the Airport Drive Recreation Field;
and
WHEREAS, the Town of Wappinger Planning Board has pending before it a number of
subdivision applications which would result in the creation of approximately 410 new lots over
the next 5 years; and
WHEREAS, which 410 new lots will generate approximately $2,050,000.00 in
recreation fees; and
WHEREAS, the Town has received an opinion from Bond Counsel that these future
recreation fees could be utilized to pay the yearly bond payments for any bond issued to pay for
the costs of the installation of the artificial turf.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines to fund the costs of the installation of
artificial turf at the Airport Drive Recreation Field, at a cost not to exceed $1,600,000.00, as
follows:
a. by acceptance of a donation from the Wappinger United Soccer League in
the sum of $140,000.00;
b. by a withdrawal from the Parkland Trust Fund Account in the sum of
$360,000.00;
C. by the issuance of a 15 year capital bond in the sum of $1,100,000.00.
3. The Town Board acknowledges that the 15 year $1,100,000.00 capital bond will
require the Town to pledge the full faith and credit of the entire assessed property within the
Town, however, it is the intent and request of this Town Board that future Town Boards pay for
the cost of such bond by withdrawal from the Parkland Trust Fund Account so that such
payments will be at no cost to the general fund of the Town.
The foregoing was put to a vote which resulted as follows:
V6te.$bcor- Resolatiuii RES=2007=175
❑
Adopted
Yes/Aye a
Y
No/Na Y
Abstain
Absent
❑
Adopted as Amended
Joseph Ruggiero
Voter
a
❑
❑
❑
❑
Defeated
William Beale
Voter _
a
❑
❑
0
Tabled
_
Vincent Bettina
Initiator .._ .
0
❑
❑
❑
❑
Withdrawn
Maureen McCarthy
Voter
0
❑
❑
❑
Next: Sep 10, 2007.7:30 PM
Joseph Paoloni
Seconder
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly tabled.
Town of Wappinger Page 25 Printed Y11212UUI
Regular Meeting Minutes August 27, 2007
RESOLUTION: 2007-176
A Resolution Authorizing, Subject to Permissive Referendum, the Construction of a New
Recreation Field At Airport Drive, In and for the Town of Wappinger, Dutchess County,
New York, At a Maximum Estimated Cost of $1,600,000, and Authorizing the Issuance of
$1,100,000 Bonds of Said Town to Pay Part of the Cost Thereof
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental Quality Review
Act, have been performed; and
WHEREAS, it is now desired to authorize such capital project and its financing; NOW,
THEREFORE,
BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County,
New York, as follows:
Section 1. The construction of a new recreation field at Airport Drive, in and for the
Town of Wappinger, Dutchess County, New York, including original equipment, machinery,
apparatus, appurtenances, as well as incidental improvements and expenses in connection
therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost
of $1,600,000.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is as
follows:
a) by the issuance of $1,100,000 serial bonds of said Town, hereby authorized to be
issued therefor pursuant to the provisions of the Local Finance Law;
b) by the expenditure of $140,000 cash monies hereby appropriated therefor; and
C) by the expenditure of $360,000 Parkland Trust monies hereby appropriated
therefor.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is fifteen years, pursuant to subdivision 19(c) of paragraph a
of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New
York, are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made
in each year sufficient to pay the principal of and interest on such bonds becoming due and
payable in such year unless paid from other revenues. There shall annually be levied on all the
taxable real property of said Town, a tax sufficient to pay the principal of and interest on such
bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor
of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the
provisions of the Local Finance Law.
Section 6. All other matters except as provided herein relating to the bonds herein
authorized including the date, denominations, maturities and interest payment dates, within the
limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also the ability to issue bonds with substantially level or
declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of
such Town. Such bonds shall contain substantially the recital of validity clause provided for in
Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such
recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the
Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 7. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said Town is
not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose described herein.
Town of Wappinger Page 26 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
Section 9. Upon this resolution taking effect, the same shall be published in full or
summary form in the official newspaper(s) of said Town for such purpose, together with a notice
of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE
REFERENDUM.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-176
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted
❑ Adopted as Amended
Joseph Ruggiero
Voter
0
❑
❑
❑
❑ Defeated
William Beale
Voter
_
0
❑
❑
_
❑
❑
0 Tabled
Vincent Bettina
Initiator
0
❑
❑
❑
„`
❑ Withdrawn
Maureen McCarthy
Voter
___
❑
❑
Next: Sep 10, 2007 7:30 PM
Joseph Paoloni
.Seconder
0
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly tabled.
RESOLUTION: 2007-177
Resolution Authorizing Acceptance of Gift of Real Property (Klein -Alexander, Briar Lane)
WHEREAS, by letter dated August 1St, 2007, James A. Klein, on behalf of Klein -
Alexander Properties, has offered to donate to the Town two (2) parcels of property located on
Briar Lane, one parcel containing approximately 7.549 acres and identified as tax grid no. 6258-
01-425568 and the second parcel containing approximately 10.379 acres identified as tax grid
no. 6258-01-376680, said parcels being shown on Map #6339 filed in the Dutchess County
Clerk's Office on March 18th, 1982; and
WHEREAS, the Town Board intends to accept the two (2) parcels upon conditions
hereinafter set forth.
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 conditionally agrees to accept a gift of two (2) parcels of
land located on Briar Lane in the Town of Wappinger, one parcel containing approximately
7.549 acres and bearing tax grid no. 6258-01-425568 and the second parcel containing
approximately 10.379 acres and bearing tax grid no. 6258-01-376680, as the same are depicted
and identified on Map #6339 filed in the Dutchess County Clerk's Office on March 18th, 1982,
owned by Klein -Alexander Properties or its successor, subject however to:
A. Klein -Alexander Properties providing a Phase I Environmental Audit, and,
if necessary, a Phase II Environmental Audit, certifying that there are no violations of any
Federal, State or Local Statute, Rule, Regulation or Ordinance relating to hazardous waste,
hazardous contaminants, or any other environmentally unsafe condition, or, in the event that such
Environmental Audit discloses violations, that the donor, Klein -Alexander Properties, remove
such violations prior to the transfer of title; in the event that any environmentally unsafe
conditions are disclosed by the Environmental Audit, and the donor is unable to remove them,
the Town Board shall be under no obligation to accept title to such premises.
B. The donor supplying to the Town a title insurance policy, in an amount to
be determined by the Attorney to the Town, insuring that the premises are being transferred free
and clear of any liens, encumbrances or other title defects in form acceptable to the Attorney to
the Town.
C. Upon receipt of an Environmental Audit satisfactory to the Engineer to the
Town and to the Attorney to the Town, the Town Supervisor is authorized to accept the deed of
conveyance into the Town and to execute any documents necessary to have said deed recorded in
the Dutchess County Clerk's Office. The recording charges are to be paid by the donor, Klein -
Alexander Properties.
Town of Wappinger Page 27 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-177
El Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Joseph Ruggiero
Voter
El
11
❑
0
❑ Defeated
William Beale
Voter
0
0
❑
0
❑ Tabled
Vincent Bettina
Voter
El
0
❑
0
❑ Withdrawn
Maureen McCarthy
Seconder
0
❑
❑
0
Joseph Paoloni
Initiator
0
❑
❑
0
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-178
Resolution Authorizing Bid for 99-2(R)-9 - Rockingham Water Tank Demolition
WHEREAS, bids were opened on August 14th, 2007, for the Rockingham Water Tank
Demolition by Chris Masterson, Town Clerk of the Town of Wappinger; and
WHEREAS, bid were received as follows:
KEK Excavators $46,326.00* Inappropriately Calculated
Taylor Recycling Facility $48,213.35
Sun Up Enterprises $74,600.00
Cassidy Excavating $117,450.00
Nenni Equipment Corp. $156,520.00
WHEREAS Joseph Stankavage, of Paggi, Martin and DelBene, has provided a bid
recommendation to the Town Board.
NOW, THEREFORE, BE IT RESOLVED,
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Contract for 99-2(R)-9: Rockingham Water Tank Demolition is hereby
awarded to Taylor Recycling Facility for an amount not to exceed Forty Eight
Thousand, Two Hundred Thirteen Dollars and 35/100 ($48,213.35) in accordance
with the bid recommendation letter dated August 24th, 2007, from Joseph
Stankavage of Paggi, Martin and DelBene, to the Town Board.
3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said
contract on behalf of the Town of Wappinger.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-178_
El Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Joseph Ruggiero
gg
Voter -
0
❑
❑
❑
❑ Defeated
William Beale
Seconder
Cl
❑
❑ Tabled
Vincent Bettina
Voter
0
❑
❑
0
❑ Withdrawn
Maureen McCarthy
Initiator
0
❑
❑
0
Joseph Paoloni
Voter
El
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-179
Resolution Introducing Local Law No. of the Year 2007 Non -Substantive Technical
Amendments to the Town of Wappinger Code Regarding Coordinated Assessment,
Blasting, Sidewalk Maintenance and Site Plan Recreation Fees
WHEREAS, the Town Board previously adopted Local Laws 8 and 9 of 2006 creating
Chapter 150 of the Town Code which authorized the creation of a Coordinated Assessment
Program; and
WHEREAS, the Town Board has determined that Coordinated Assessment provisions
deal with administrative functions of the Town of Wappinger and therefore should be codified in
Part I of the Town Code, therefore it is appropriate to renumber the Chapter dealing with
assessments from Chapter 150 to Chapter 4; and
WHEREAS, the Town Board previously adopted Local Laws 11 of 2006 creating a new
Town of Wappinger Page 28 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
Chapter 80 of the Town Code dealing with Blasting; and
WHEREAS, it was determined that there were two inaccurate references in the Local
Law at the time of adoption and are required to be corrected; and
WHEREAS, Local Law 1 of 2007 which created a new Article VII in Chapter 214
dealing with the removal of ice and snow from sidewalks mistakenly referred to the fine imposed
as a fee at the time of its adoption, and such reference should be corrected; and
WHEREAS, Local Law No. 6 of 2006 Amending the Code of the Town of Wappinger
Regarding Recreation Fees and Escrow Accounts mistakenly referred to subdivision plat in one
of its sections, instead of site plan, which would be the correct reference, and such reference
should be corrected; and
WHEREAS, the Town Board has determined that it is in the best interest of the citizens
of the Town of Wappinger to adopt a Local Law to address the above referenced issues of
concern; and
WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted
action pursuant to Article 8 of the Environmental Conservation Law, and Part 617 of the
NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's
Environmental Quality Review Law which establishes locally designated actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an action
for which there are no other Involved Agencies and that the Town Board is therefore the Lead
Agency for purposes of SEQRA review.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby introduces for adoption Local
Law No._ of the Year 2007 in the form annexed hereto.
3 The Town Board hereby determines that the enactment of the aforesaid Local
Law is an Unlisted Action pursuant to the provisions of New York State Environmental Quality
Review Act (SEQRA), 6 NYCRR Part 617 and Local Law No.6 of 1992 (WEQR). The Town
Board defers its decision to make a determination of significance pursuant to SEQRA until after
the conclusion of the Public Hearing.
4. The Town Board hereby schedules a Public Hearing on the proposed adoption of
Local Law No. of the Year 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers
Falls, New York on the 24th day of September, 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 -2007-179
Yes/Aye
No/Nay
Abstain
Absent
0 Adopted
Joseph Ruggiero
Voter
®
❑
❑
❑
❑ Adopted as Amended
William Beale
Seconder
0
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
a
❑
❑
❑
❑ Tabled
Maureen McCarthy
Initiator
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Voter
Rl
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-180
Resolution Correcting the Salary of Employee Michelle Gale
WHEREAS, Michelle Gale is an employee of the Town of Wappinger Building
Department, and
WHEREAS, an error occurred in the 2007 budget for the salary of Michelle Gale, and
WHEREAS, the 2007 budget stated the salary of Michelle Gale to be $25,433, and
WHEREAS, subsequently, there was an error in Resolution 2007-8 based on the
incorrect budget number, and
WHEREAS, the 2007 budget at Resolution 207-8 should have established the salary for
Michelle Gale to be $26,173.
NOW, THEREFORE, BE IT RESOLVED, that the salary for Michelle Gale is hereby
established to be $26,173 annually, and
BE IT FURTHER RESOLVED, that Michelle Gale is to receive the salary of $26,173
retroactively to her anniversary date of June 24th, 2007.
Town of Wappinger Page 29 Printed 9/12/2007
ular Meetin
Minutes
The foregoing was put to a vote which resulted as follows:
ust 27, 2007
Vote Record - Resolution RES -2007-180
El Adopted
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Joseph Ruggiero
Voter
a
p
❑
❑
❑ Defeated
William Beale
Voter
0
❑
❑
❑
❑ Tabled
Vincent Bettina
Seconder
0
p
❑
❑
❑ Withdrawn
Maureen McCarthy
Initiator
0
❑
❑
❑
Joseph Paoloni
Voter
0
p
❑
11
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-181
Resolution Establishing Payment for Acting Assessor
WHEREAS, the Town of Wappinger Town Board adopted Resolution 2006-170 on July
5th, 2006, appointing Loretta Brunello Acting Assessor, and
WHEREAS, Loretta Brunello served as the Acting Assessor from July 5th, 2006, to
January 15th, 2007, and
WHEREAS, the Town Board wishes to compensate Loretta Brunello for her service as
Acting Assessor.
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Wappinger hereby establishes compensation for Loretta Brunello at the rate of One Hundred
Forty -Two 86/100 Dollars ($142.86) per week for twenty-eight weeks totaling Four Thousand
Dollars ($4,000.00), and
BE IT FURTHER RESOLVED, that the Comptroller is hereby directed to make
payment to Loretta Brunello in the amount of Four Thousand Dollars ($4000.00) for her service
as Acting Assessor from July 5th, 2006 to January 15th, 2007.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES. -2007-181
8 Adopted
Yes/Aye
NO/Nay
Abstain
Absent
11 Adopted as Amended
Joseph Ruggiero
Voter
a
❑
❑
❑
❑ Defeated
William Beale
Seconder
0
❑
❑
❑
❑ Tabled
Vincent Bettina
Initiator
El
❑
❑
❑
❑ Withdrawn
Maureen McCarthy
Voter
a
❑
❑
❑
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-182
Resolution Approving Jared Silverman Salary Adjustment
WHEREAS, an error was made in the salary of Jared Silverman, who is employed by the
Town of Wappinger as a lifeguard; and
WHEREAS, he was listed as a first year lifeguard being paid Nine Dollars and 00/100
($9.00) an hour when he should have been listed as a second year lifeguard being paid Nine
Dollars and 27/100 ($9.27) an hour.
NOW, THEREFORE, BE IT RESOLVED, that
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Jared Silverman shall be paid Nine Dollars and 27/100 ($9.27) an hour retroactive
to June 25th, 2007.
Town of Wappinger Page 30 Printed 9/12/2007
Meet!
Minutes
The foregoing was put to a vote which resulted as follows:
27, 2007
V Vote Record - Resolution RES -2007-182
Yes/Aye
No/Nay
....Abstain
Absent
0 Adopted
Joseph Ruggiero
Voter
No/Nay
❑
❑
❑
❑
❑
Joseph Ruggiero
ted as Amended
❑ AdoWilliam®
P
Willlili am Beeaa le
,Seconder
11Yes/Aye
❑
❑ Adopted as Amended
❑
Seconder
❑ Defeated
Vincent Bettina
Voter
0
❑
❑
❑
❑
0
❑ Tabled
Maureen McCarthy
Initiator
®
❑
---
❑
❑
❑
❑ Withdrawn JosTh Paoloni
Voter
®
❑
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-183
Resolution Authorizing Comptroller and Staff to Attend the New York State Government
Finance Officers' Association Cash Management Best Practices Workshop
WHEREAS, Jean Gallucci, Comptroller, has requested authorization to send herself and
her staff to the New York State Government Finance Officers' Association Cash Management
Best Practices Workshop, and
WHEREAS, the class takes place September 11th, 2007, in Greenburgh, New York, and
costs Five Hundred Twenty Five Dollars and 00/100 ($525.00).
NOW, THEREFORE, BE IT RESOLVED, Jean Gallucci, Comptroller, and her staff
are authorized to attend the New York State Government Finance Officers' Association Cash
Management Best Practices Workshop held in Greenburgh, New York, and takes place
September l lth, 2007, with the total cost not to exceed Five Hundred Twenty Five Dollars and
00/100 ($525.00).
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2007-183
No/Nay
Abstain
Absent
0 Adopted
Joseph Ruggiero
Voter
0
❑
11Yes/Aye
❑
❑ Adopted as Amended
William Beale
Seconder
0
❑
❑
❑
❑ Defeated
Vincent Bettina
Voter
0
❑
❑
❑
❑ Tabled
Maureen McCarthy
Initiator
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-184
Resolution Authorizing Christian Harkins to Attend the 2007 New York State Assessor's
Association Seminar on Assessment Administration
WHEREAS, Christian Harkins, Assessor, has requested authorization to attend the 2007
New York State Assessor's Association Seminar on Assessment Administration, and
WHEREAS, the seminar will take place September 23`d to September 26th, 2007, in
Buffalo, New York, and the estimated total cost being Nine Hundred Thirty Nine Dollars and
50/100 ($939.50), and
WHEREAS, as an Assessor, Christian Harkins is eligible for the re -imbursement of all
of the mileage costs as well as One Hundred Thirty Five Dollars and 00/100 ($135.00) per day
for the hotel room and meals from the State of New York, and
WHEREAS, half of the remaining cost will then be paid by the Town of Fishkill, and
WHEREAS, the Town of Wappinger will pay no more than approximately Three
Hundred Dollars and 00/100 ($300.00).
NOW, THEREFORE, BE IT RESOLVED, Christian Harkins, Assessor, is authorized
to attend the 2007 New York State Assessor's Association Seminar on Assessment
Administration held in Buffalo, New York and takes place September 23rd to September 20h,
2007, with the total cost not to exceed approximately Three Hundred Dollars and 00/100
($300.00).
Town of Wappinger Page 31 Printed 9/12/2007
r Meeti
Minutes
The foregoing was put to a vote which resulted as follows:
ust 27, 2007
✓ Vote Record - Resolution RES -2007-184
El Adopted
---
Yes/Aye _
No/Nay
Abstain
Absent
El Adopted as Amended
Joseph Riero
u Sg
Voter
El
❑
❑
❑
❑ Defeated
William Beale
Voter
0
❑ Tabled
Vincent Bettina
Initiator
0
p❑
0
1:1 Withdrawn
Maureen McCarthy
Seconder
0
p
Joseph Paoloni
Voter
0
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-185
Resolution Accepting Extended Maintenance and Guarantee Agreement Secured by Letter
of Credit for the Keenan Acres Subdivision
WHEREAS, by Resolution dated August 28th, 2006, the Town Board accepted the roads
and other public improvements associated with the Keenan Acres Subdivision, which
improvements included three (3) holding ponds with associated landscaping constructed in
conjunction with the Storm Water Pollution Prevention (SWPP) Plan approved by the Town of
Wappinger Planning Board in connection with the approval of the subdivision; and
WHEREAS, Mid Hudson Holdings, LLC, as owner and developer of the Keenan Acres
Subdivision, posted a Maintenance Agreement dated August 23`d, 2006, secured by an
Irrevocable Letter of Credit issued by Rhinebeck Savings Bank, bearing number 20608291 in
favor of the Town of Wappinger in the sum of Two Hundred and Eleven Thousand, Five
Hundred and Sixty -Two Dollars ($211,562.00), to guarantee the quality and workmanship of the
improvements made in connection with said subdivision, including.the aforementioned three (3)
holding ponds and associated landscaping; and
WHEREAS, Mid Hudson Holdings, LLC is required to guarantee the quality and
workmanship of the roads, sewer system, water system and drainage pipes for a period of one
year from the date of acceptance; and
WHEREAS, the Town acknowledges that the roads, sewer system, water system and
drainage pipes have been acceptably maintained in good working order and condition for a
period of one year from the date of acceptance on October 28th, 2006; and
WHEREAS, Mid Hudson Holdings, LLC is obligated to guarantee that the three (3)
holding ponds and associated landscaping will be maintained in good operating and working
condition and that any landscaping associated with the holding ponds will be maintained in a
vigorous growing condition consistent with the New York State Storm Water Management
Design Manual, dated October 2001, for a period of three years after acceptance of the work; and
WHEREAS, Mid Hudson Holdings, LLC has executed an Extended Maintenance and
Guarantee Agreement secured by a Twenty Five Thousand Dollar ($25,000.00) Letter of Credit
issued by Rhinebeck Savings Bank in favor of the Town, to guarantee that the three (3) holding
ponds and associated landscaping will be maintained in good operating and working condition
and that any landscaping associated with the holding ponds will be maintained in a vigorous
growing condition consistent with the New York State Storm Water Management Design
Manual, dated October 2001, for a period of three years after acceptance of the 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 accepts the Extended Maintenance and Guarantee
Agreement executed by Mid Hudson Holdings, LLC, personally guaranteed by John Goetz, a
member thereof, as the guarantee that Mid Hudson Holdings, LLC will maintain the three (3)
holding ponds and associated landscaping in good operating and working condition that any
landscaping associated with the holding ponds will be maintain in a vigorous growing condition
consistent with the New York State Storm Water Management Design Manual, dated October
2001, for an additional two years, through August 29, 2009.
3. The Irrevocable Letter of Credit issued by Rhinebeck Savings Bank, bearing
number 20708291, and issued in favor of the Town of Wappinger in the sum of Twenty Five
Thousand Dollars ($25,000.00), securing the obligations set forth in the Extended Maintenance
and Guarantee Agreement is hereby accepted as security for the due performance thereof.
4. The acceptance of the Extended Maintenance and Guarantee Agreement was
made on the written assurance that John Goetz, a member of Mid Hudson Holdings, LLC, will
personally guarantee the obligations set forth in the Extended Maintenance and Guarantee .
Town of Wappinger Page 32 Printed 9/12/2007
Minutes
ust 27, 2007
Agreement.
5. The Town Board hereby authorizes the release of the Irrevocable Letter of Credit
issued by Rhinebeck Savings Bank, bearing number 20608291 and issued in favor of the Town
of Wappinger for the sum of Two Hundred and Eleven Thousand, Five Hundred and Sixty -Two
Dollars ($211,562.00) upon receipt of a Letter of Credit in the sum of Twenty Five Thousand
Dollars ($25,000.00) securing the obligations set forth in the Extended Maintenance and
Guarantee Agreement executed by Mid Hudson Holdings, LLC on August 29th, 2007, and
personally guaranteed by John Goetz, member.
6. The Town Board hereby confirms that the developer, Mid Hudson Holdings, LLC
has fulfilled all of its obligations with respect to its guarantee and maintenance obligations for
the roads, sewer systems, water systems and drainage pipes constructed in connection with the
Keenan Acres Subdivision.
7. The Town Board hereby authorizes the Town Clerk to release the Letter of Credit
in the sum of Two Hundred and Eleven Thousand, Five Hundred and Sixty -Two Dollars
($211,562.00) posted as security for the Maintenance Agreement dated August 23, 2006, upon
receipt of a new Irrevocable Letter of Credit in the sum of twenty Five Thousand Dollars
($25,000.00) securing the obligations set forth in the Extended Maintenance and Guarantee
Agreement.
The foregoing was put to a vote which resulted as follows:
'Vote Record - ResolutionRES-2007-1&5
Yes/Aye
No/Nay
Abstain
Absent
0 Adopted
Joseph Ruggiero
Voter
0
❑
❑
❑
❑ Adopted as Amended
William Beale,...._
Voter
0
❑
❑
❑ Defeated
Vincent Bettina
Initiator
8
❑
❑
❑
❑ Tabled
Maureen McCarthy
Seconder
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Voter
0
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
RESOLUTION: 2007-186
Resolution Approving AW Scrap Noise Testing
WHEREAS, there have been many complaints regarding loud noises coming from AW
Scrap; and
WHEREAS, George Kolb, Director of Code Enforcement, has presented a proposal from
the Potomac -Hudson Engineering, Inc. to monitor noise and draft a report to the Town; and
WHEREAS, the proposal is broken down into three tasks, with Task 1 being the
preliminary assessment of AW Scrap noise and costing Three Thousand Five Hundred Dollars
and 00/100 ($3,500.00), Task 2 being preliminary assessment of noise code and costing Two
Thousand Three Hundred Dollars and 00/100 ($2,300.00), and Task 3 being a meeting in late
September or Early October 2007 and costing One Thousand Nine Hundred Dollars and 00/100
($1,900.00) with the total cost being Seven Thousand Seven Hundred Dollars and 00/100
($7,700.00).
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. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of
the Town, the Potomac -Hudson Engineering, Inc. Noise Testing Proposal in substantially the
same form as attached hereto.
Town of Wappinger Page 33 Printed 9/12/2007
Regular Meeting Minutes August 27, 2007
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2007-186
Yes/Aye
No/Nay
Abstain
Absent
a Adopted
Joseph Ruggiero
Voter
8
❑
❑
❑
❑ Adopted as Amended
William Beale
Voter
0
13
❑
❑ Defeated
Vincent Bettina
In
a
❑
13
❑ Tabled
Maureen McCarthy
Voter
0
❑
❑
❑
❑ Withdrawn
Joseph Paoloni
Seconder
®
❑
❑
❑
Dated: Wappingers Falls, New York
August 27th, 2007
The Resolution is hereby duly declared adopted.
VIII. New Business
1. Councilman Beale New Business
Councilman Beale asked for clarification on the rules for political candidates at
Community Day. Supervisor Ruggiero explained that it was never a Town Board policy. It was
an agreement between the two parties that there would be no campaigning. Last year it was not
adhered to. He does not think it is proper for this Board to make a policy and believes it should
be up to the individual candidates to exercise discretion. Councilman Beale stated that he was
threatened at last year's Community Day and doesn't want that to happen to anyone else.
Councilman Bettina commented that he has been on the Board for 11 years and always
understood that those that do not hold office, but are running for office, are to be at the end of the
line in the parade. Supervisor Ruggiero went on to say that some communities do not allow non-
elected candidates in the parade at all. This is to avoid any possibility of electioneering. He
again stated that this is not an issue that he feels the Board should take a position on.
Councilman Beale stated that he is not going to allow any restriction of any
Constitutional rights at a public event on public property. He feels that any restrictions, whether
implied or applied, tells people that it is, wrong to run for public office. Councilman Bettina
again pointed out that it has always been understood that non -incumbent candidates are to be in
the tail end of the parade. Councilman Beale asked if the Town should have something that
states that. He added that you can't be an elected official running for another office and be in the
beginning of the parade. Supervisor Ruggiero disagreed.
Graham Foster, Town Highway Superintendent, commented that he has been an elected
official longer than anyone on the Board. He echoed Mr. Bettina's point that it has always been a
gentleman's agreement not to campaign at Community Day. Councilman Beale asked what the
problem with campaigning at Community Day is. He believes that this tells people that
campaigning and electioneering on Community Day is the wrong thing to do. Mr. Foster replied
that this has always been set aside as a day for families. Mr. Beale answered that he could think
of no better way to meet families than at Community Day. Councilman Bettina asked if
Councilman Beale was talking about the parade or the entire day. Councilman Beale replied that
he was talking about the entire event.
Councilwoman McCarthy commented that she has been going to the Community Day for
many years. She has also campaigned and run for different offices. She feels that there is a
difference between meeting someone that happens to be running for office and being surrounded
by politicians. She does not go to the Town celebration to be amidst a bunch of campaigning
politicians. Councilman Beale then asked why the Town has Community Day just before
Primary Day. He recommended that the Town may then want to change the date of Community
Day in order to keep politics out of Community Day. Councilwoman McCarthy clarified that
there is a difference between politicians attending the celebration and politicians using the
celebration for their own benefit. She feels that Councilman Beale is looking for a guarantee that
the Board is not obligated to make. It is up to each individual person how political they want to
be and how they come across. She agreed with Supervisor Ruggiero that Councilman Beale
should do whatever he wants, but hopes that the Community Day does not turn into a Campaign
Day.
Councilman Beale brought up the issue of the Tow Truck Law. Supervisor Ruggiero
replied that it would be put on the agenda for the September 10th meeting.
Councilman Beale then asked for a meeting to be set up with George Kolb, Graham
Foster and Jay Paggi. The topic of this meeting will be 18 Adams Street.
Town of Wappinger Page 34 Printed 9112/2007
Regular Meeting Minutes August 27, 2007
2. Councilman Bettina New Business
Councilman Bettina had two issues to discuss. The first issue was about a resident named
Mr. Verlin. Supervisor Ruggiero received a letter from Mr. Verlin. Mr. Verlin was under the
impression that the Town had some arrangement with him through the Recreation Department.
Supervisor Ruggiero sent a letter back, with a copy to Councilman Bettina, informing the
resident that Ralph Holt is away and that they will figure out what is going on when he returns.
Councilman Bettina's second topic had to do with an issue that was brought up to him by
a Chelsea resident. The resident claimed that a State Trooper had knocked on doors in his
neighborhood and asked if the residents had break-ins or had seen anything suspicious. The
residents want to know if there is anything that they should be aware of. Supervisor Ruggiero
will follow-up, but the police agencies are sometimes not willing to release those types of
information.
3. Councilman Paoloni New Business
Councilman Paoloni asked for an update about the sign he has requested for Spring
Terrace. Supervisor Ruggiero replied that the sign was ordered and they are waiting for it to be
installed. Councilman Paoloni then asked who is installing it. Supervisor Ruggiero answered
that it was ordered through Superior Signs and would be installed by the Highway Department
when it comes in.
IX. Executive Session
Motion To: go into executive session at 10:57 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Joseph Ruggiero, Supervisor
SECONDER: Vincent Bettina, Councilman
AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni
1. Absolute Properties
Motion To: come out of executive session at 11:19
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER: William Beale, Councilman
AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni
......................................................................... ........... ....................... ............................ ....... ..... .
X. Adjournment
Motion To: adjourn at 11:19 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maureen McCarthy, Councilwoman
SECONDER: William Beale, Councilman
AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni
The Meeting Adjourned at 11:19 PM.
Jyhn C. asterson
Town Clerk
Town of Wappinger Page 35 Printed 9/1212007