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2007-09-24 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 September 24`h, 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 September 24`h, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Minutes Approval 1. Monday, August 27, 2007 2. Monday, September 10, 2007 r.. III. Correspondence Log 2007-197. Resolution Authorizing the Acceptance of the Correspondence Log IV. Public Hearings 1. Public Hearings to Hear Objections to the Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Calendar Year 2008 2. 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 V. Public Portion on Agenda Items VI. Discussion A. Property of Beverly Canter — David Stolman, Richard Cantor B. United Wappinger Water Map, Plan and Report — Jay Paggi C. Zoning Density/Sewage Disposal System — Russell Urban -Mead, Scott Chase D. Wappinger Farm — Al Roberts, David Stolman E. Comprehensive Plan and FGEIS — David Stolman F. Carnwath Farms Mansion Roof — Don Swartz VII. Resolutions 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 2007-194. Resolution Authorizing Bid for Roofing Rehabilitation to the Carnwath Farms Mansion 2007-196. Resolution Authorizing Bid for Roof Reconstruction Asbestos and LBP Abatement to the Carnwath Farms Mansion 2007-198. Resolution Authorizing Rental Rates for Highway Equipment 2007-199. Resolution Authorizing the Submission of the Fiscal Year 2008 Dutchess County Community Development Block Grant Program Application 2007-200. Resolution to Establish Water Meter Fee 2007-201. Resolution Authorizing Attendance to the Dutchess County Land Use Leaders Training and Certification Program 2007-202. Resolution Authorizing Completion of Change Order for New Hackensack Water Main Extension 2007-203. Resolution Authorizing Amendment to Contract in Connection with the Wappinger Farm Estates Subdivision and Rezoning Application 2007-204. Resolution Adopting Local Law No. 13 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 2007-205. Resolution Authorizing Attendance to New York State GFOA Seminar VIII. Unanimous Consent 2007-206. Resolution Accepting Final Generic Environmental Impact Statement (FGEIS) In Connection with Town Comprehensive Plan and Associated Zoning Amendments IX. New Business X. Adjournment �.r Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us — Minutes — Chris Masterson 845-297-5771 Monday, September 24th, 2007 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the Meeting to Order at 7:51 PM. Attendee Name Organization Title Status Arrived Joseph Ruggiero Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present David Stolman Town Planner Q Present Jay Paggi Town Engineer Present Al Roberts Town Attorney Q Present Minutes Approval Monday, August 27th, 2007 Monday, September 10th, 2007 Motion To: accept Minutes for Town Board Meetings of 08/27/07 and 09/10/07 and place them on file RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Correspondence Log RESOLUTION: 2007-197 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 -2007-197 Yes/Aye No/Nay Abstain Absent Q Adopted Joseph Ruggiero Voter Q ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter Q El El 11❑ Defeated Vincent Bettina Voter Q ❑ ❑ El Tabled Maureen McCarthy Initiator Q ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24th, 2007 The Resolution is hereby duly declared adopted. Towrt of Wappinger Page I Printed 10/16/2007 Town Board Meeting Minutes September 24, 2007 IV. Public Hearings Public Hearings to Hear Objections to the Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Calendar Year 2008 Supervisor Ruggiero opened the Public Hearing at 7:53 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 if there were any comments or questions from the public. There were none. Councilman Paoloni made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. The Public Hearing was closed at 7:53 I'M. RESULT: CLOSED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 2 Printed 10/16/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING TO HEAR OBJECTIONS TO THE ASSESSMENT ROLLS FOR SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT AREAS 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 29th, 2007, your deponent posted a copy of the attached Notice of Public Hearing entitled "Notice of Public Hearing to Hear Objections to the Assessment Rolls for Special Improvement Districts and Special Improvement Areas", 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. hn C. 1 asterson Town Clerk Town of Wappinger Sworn to before me the 13th day of September, 2007 NOTARY PUBLIC DENISE MACIO 01 MA6168116 Notary Public State of New York Qualified in Dutchess Countyy Qxwlssion Expires 6 / 4 / 2%L 1)IJTis;hJF PJEhJ 84 EAST N,)TN STRIFET LJAPF' L4'Ii;E:1":S FALLS, N) 125")0 �C] 4=—t\/ z t cif P k_1 E> I si- <-- To ; IJAPPT NCiEIR5 FAL..LS , T01,,)N P -0 . B( -),X 324 WAPIPTNGFPS F=1L_1_S, NY 1.25q0 F;e. I a1 )-lot i 786 t..�t of i`dE1J C f T, T I NA HEATH , bP, i n<W ci Lt 1. l^Jo i n„ dePOS'e a),'; that T affil t.4"IE PUBLISHER ofSc.)ut.f Frn r)lit.ohess t,le�^js , a 6•Jeek1,.,'nai,,,Isp an Pel of 1-1 e) a c:i.roulat.ion P(.iblishecl in tdAPPTNGERS FALLS, County o.r DIJTCH;"SS , St".ate of NIF1,,1 '1''i"l F?. K: ; and t. I'I a t a n o t i r." e , c f 4,j h i c: h t h e" a n r'l e x (:� ci i s a Pr i nt.e�'d c'oPy ," way (July P' 'U l i-he-ci in South i- n Di-)tch;ess NeL,js one:e. on 081'29 07. swot -n to be f care ITIe this 29th die (;,'f 0'119r.(St. , 2007 ji-BEET I'i OST"r..;Pd 1`10ta.ry Pa,1i.c., State of P01J YORk,' No 14-8240760 Ouali Pied tri rRITCwtlu SS Courlt.y [Tv commiss.1on expi-res on h'Iay 1.6, 2011 TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING TO HEAR OBJECTIONS TO THE ASSESSMENT ROLLS FOR SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT AREAS NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, has completed its benefit assessment rolls for all Special Im- provement Districts and Special Improve- ment Areas as listed below for use in calen- daryear2008and said benefit assessment rolls have been filed with the Town Clerk of the Town of Wap- pinger on August 21, 2007. PLEASE TAKE FUR- THER NOTICE that the Town Board will conduct a Public Hearing at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, starting at r 7:30 p.m. on Septem- berlOth,2007,tohear I any objections which I may be made to said benefit assessment rollsforthe Special Im- provement Districts and Special Improve- ment areas listed be- low. SPECIAL IMPROVE - M E N T DISTRICTS/SPE- CIAL IMPROVE- MENTAREAS: FleetwoodSew, is- trict Town -wide Ambu- lance District Meadowood Water District PLEASE TAKE FUR- THER NOTICE that copies of the benefit assessment rolls are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30A.M. to 4:00 P.M., attheTown Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: August 27, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOHN C. MASTERT- SON,TOWN CI r'iK now r®ugnKeepsve i.ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess RECFI V i- I r City of Poughkeepsie SEP 4 - 2007 TOWN CLERK Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Pxinciple 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 29thday 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. Sub cribed a d sworn to before me this V day of in the year of 2007 r NotAyPublic My commission expires Notary�P blic, State of New York No 01SH5018755 Qualified in Dutch s 0 =ommission Expires _t Town Board Meeting Minutes September 24, 2007 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 Supervisor Ruggiero opened the Public Hearing at 7:53 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). Al Roberts, Attorney to the Town, gave a summary of the changes to the Code and the reasons that the changes were needed. Supervisor Ruggiero asked if there were any comments or questions 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 closed at 7:56 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 3 Printed 10/16/2007 moo TOWN BOARD= TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ENTITLED "LOCAL LAW NO. OF THE YEAR 2007, NON -SUBSTANTIVE TECHNICAL AMENDMENTS TO THE TOWN OF WAPPINGER CODE REGARDING COORDINATED 60. ASSESSMENT, BLASTING, SIDEWALK MAINTENANCE AND SITE PLAN RECREATION FEES" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 12th, 2007, your deponent posted a copy of the attached Notice of Public Hearing entitled "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", 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. QLCIN,A� ohn C. M sterson FTown Clerk Town of Wappinger Sworn to before me the 13th day of September, 2007 NOTARY PUBLIC DENISE MACIO 01 MA6166116 Notaq Public State of New York Qualified in Dutchess County Cafnrnili4ion Expires 6 / 4 / 202L 60UTHFRN DUTCHE55 NEW',, 8FAC0N FREE PRE% 84 EA5T MAIN RTREET WAPPTN6FR5 FAiiR, NY 124K) Ink �� 1 <A I -EA W I t- <:> -F FZ" k-.lL> I i C- -Et It- -i �-> 11-1 To: WAPPINGERS FAiLq, TOWN P'0' SOX 324 WAPF'IH6ERS FALLS, NY 125%) Rai Legal notice #7885O Stata of NEW YOPK } } 55!: County of Di1TCHFS5 � I, TTNA HEATH, heing duly sworn, depose and eay: that T am UP PUBLI5HFR of Southern DotrhaRe N+wa, a weekly newspepar of general circulation published in WAPPTNGFRI FALLS, County of Di|TPHERS, State of NFU Y0RKz and that a notioe, of which the annpxe6 is a printed copy, was duly published in 9outhern Dutchase Mews onoa on 09/12/07 Suorn to before we this L2th dav of Up|embar, 2007 ALBERT M 0qTFN Notary Public, Stale of NFW YODK No, 14-824076U ' (,iva\ifi8d in DUTCHFQ5 Cnuntv Mv commission expires on May 16, 3011 NOW Poughkeepsie, te.oaep;r. AFFIDAVIT OF o` B: State of New York County of Dutchess City of Poughkeepsie r PIECFI\/--I p SEP I 12007 I. 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 published in the said newspaper foipne insert Weeks successively, in each week, commencing on the 12th day of Sept, 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. r St!Wddorn to before me this day ofn the year of 2007 t Notary P iblic IV1y commission expires LESLIE SHERADEN 1Inigjry pUf)IiC, St -ate of New Yoik NO 01SH5G1.18755 nuali ied in Dutchess Cou ty eQ¢T mission Expires — Town Board Meeting Minutes September 24, 2007 V. Public Portion on Agenda Items Supervisor Ruggiero opened the floor to public comment on the agenda items at 7:56 PM. Dan Takacs, a resident of Van Voorhis Terrace, mentioned that the Town estimated, five years ago, that his area would have water in eighteen years. His concern is where the Town now projects that his area will have water. Supervisor Ruggiero replied that there would be a water district presentation later in the Meeting. There are four areas proposed for district expansions, but the Town Board will still have to deliberate whether to proceed with the proposal or expand beyond the proposal. Supervisor Ruggiero asked if there were any other comments. There were none. VI. Discussion A. Property of Beverly Canter— David Stolman, Richard Cantor Supervisor Ruggiero opened the discussion at 8:00 PM. Richard Cantor was present to address the Board concerning a parcel of property that is owned by Beverly Canter. Mr. Cantor explained that Ms. Canter, his client, is asking that her parcel, which is currently zoned to Two Family Residential, be rezoned to Highway Business. He had brought this topic up to the Town in the past and was asked to wait until the Town completed the Comprehensive Plan. Mr. Cantor commented that there is a substantial D.O.T drainage easement on the property. This, along with other physical constraints, limits the development of this parcel regardless of the zoning. If the Town is willing to rezone the property, the owner is willing to donate the rear 3 acres to the Town. Mr. Cantor then listed the neighboring HB parcels. Supervisor Ruggiero asked if the Master Plan Committee looked at this site. David Stolman, Town Planner, replied that he was not sure. Phil DiNonno stated that the Committee looked at the parcel but did not change anything. Councilman Bettina stated that there's not another residential parcel on Route 9. Mr. Stolman gave the opinion that the part of the parcel that is closest to Route 9 should be rezoned to something other than residential. The Town should be careful about buffering the existing homes, especially the ones to the south. Mr. Cantor stated that he would be happy to sit with the Town Professional staff to work out the details. Supervisor Ruggiero asked Jay Paggi, Town Engineer, about the topography of the parcel and whether the neighboring parcels would be inundated with water. Mr. Paggi replied that, if the property were developed, the runoff would travel east from Route 9 to the ..r west towards the homes. Supervisor Ruggiero then mentioned all of the problems and complaints associated with Inter -City Tire. Mr. Cantor warned that it would be unreasonable to place the burden of the problems with Inter -City Tire on his client. Discussion followed. Supervisor Ruggiero asked if Mr. Cantor's client has submitted a formal rezone application. Mr. Cantor replied that the client has not submitted an application because they were asked by the Town to wait. Discussion about the easement followed. Supervisor Ruggiero stated that the Town is nearing completion on the Comprehensive Plan, and that it is in no way a final document. Going forward, Mr. Cantor's client can submit a formal application to rezone. There are currently two other applications that the Town is considering. Mr. Cantor replied that the he will go with whatever the Town Board recommends, but reminds the Board that he was told not to make a formal application three years ago. He was under the impression that this effort is to intercept the Town -wide effort, but is now being told to make a formal application. He mentioned that, if the Board was of the mind to make this parcel HB, it would take only minutes to direct the draftsman to make the change. Supervisor Ruggiero replied that Mr. Cantor was asking the Board to make a decision on the spot and the Board was not going to make that decision tonight. Councilman Beale asked if the parcel was left 2F for a reason. Supervisor Ruggiero answered that it may have been left as is as a possible workforce housing parcel. Mr. Cantor added that he understands that the Board is not in the position to make a decision, but went on to say that the Board is in the position to decide whether the Town wishes to show this parcel as a commercial piece before the Comprehensive Plan is adopted. Supervisor Ruggiero again recommended Mr. Cantor have his client make a formal application. Mr. Cantor answered that his client would make application, but added that reasonableness and "O+ fairness would be that the Board, between now and the adoption, consider changing the zoning from 2F to HB in the Comprehensive Plan. With no other comments, Supervisor Ruggiero closed the discussion at 8:20 PM. B. United Wappinger Water Map, Plan and Report — Jay Paggi Supervisor Ruggiero opened the discussion at 8:21 PM. Jay Paggi, Town Engineer, began his PowerPoint presentation. He began with a brief history of the creation of the United Wappinger Water District. He then mentioned the discussions that lead to the proposed extensions to the district. The existing flows for the existing district are approximately 1,000,000 gallons per day and the existing peak day flows are about 1.75 million gallons. There Town of Wappinger Page 4 Printed 10/16/2007 Town Board Meeting Minutes September 24, 2007 are also undeveloped properties within the district. These parcels have also been accounted for. After adding these parcels in, the projected average daily flows would be 1.2 million gallons per day and the projected peak daily flows would be 2.12 million gallons per day. The calculated safe yield is 2,150 gallons per minute, or 2.3 million gallons per day. That leaves a surplus of 197,000 gallons per day. Mr. Paggi then calculated the proposed flows from the four study areas. That total was 165,000 gallons per day. He also added in the proposed Adams site which is on Route 9 opposite from Fowlerhouse Rd. If the proposed areas are included into the district, the surplus would decrease from 197,000 to 32,000 gallons per day. The 32,000 gallons per day represents sufficient capacity to supply peak daily flows to an additional 52 residential building lots. To extend the water service to these four areas would not completely diminish the Town's supply or ability to produce water during peak times. Mr. Paggi then discussed each of the four study areas individually. He estimates the total project cost to be $7,000,000. He then discussed four possible scenarios of funding the project. Two scenarios included receiving assistance from the Drinking Water State Revolving Fund (DWSRF) and two scenarios did not include the Cedar Hill Road area. In response to a question from Councilwoman McCarthy, Mr. Paggi explained the point system for the DWSRF. Councilman Paoloni then asked how the areas were derived. Mr. Paggi explained that the areas were designated because they were contiguous to the district and due to a significant amount of phone calls to his office from residents of those areas. Councilman Paoloni also asked how the safe yield was established. Mr. Paggi replied that the safe yield was calculated in the mid to late'90's. The safe yield assumes zero precipitation, draught conditions and zero recharge from rainfall. Discussion followed. Councilman Beale asked for the status of the Chelsea Ridge water line. Supervisor Ruggiero replied that it is a private line and still dry. The Town has made requests to take over the line once it is complete. The owner of the line has not answered any of the requests. Councilman Paoloni asked why it was the Cedar Hill Road area that was not included in scenarios three and four. Mr. Paggi explained that this area had the least benefit to cost ratio. With no other comments or questions, Supervisor Ruggiero closed the discussion at 8:46 PM. C. Zoning Density/Sewage Disposal System — Russell Urban -Mead, Scott Chase Supervisor Ruggiero opened the discussion at 8:46 PM. He explained that the Comprehensive Plan discusses upzoning at different areas of the Town and makes reference to soil types and septic systems. This discussion is to inform the Board of the science behind zoning density and sewage disposal systems. He then turned the discussion over to Scott Chase. Mr. Chase gave a brief introduction and background history. He is the Executive Director of the Dutchess County Water and Wastewater Authority, which was created in 1992 by the State Legislature at the request of the County Legislature. Presently, the agency operates 11 water and sewer systems in 10 municipalities. They recently completed the $33,000,000 Central Dutchess Water Line. All of the systems are operated with user fees. Mr. Chase also explained how this agency interacts with other County agencies and how the County funds part of the program. Mr. Chase then began a detailed presentation on aquifer recharge rates and septic density recommendations. The basic point is that water falls from the sky in the form of precipitation. Our area receives approximately 40 inches per year. Part of that water runs off, part evaporates and transpires and another part penetrates the permeable soils and recharges our aquifers. The amount of water that reaches the aquifer depends upon what the soil cover is. The aquifers are expected to do two things: provide water which is pumped and used through the well system and dilute pollutants that are still present even after treatment in a conventional septic system. Mr. Chase turned the presentation over to Mr. Urban -Mead. Mr. Urban -Mead is a hydrogeologist with the Chazen Companies. Mr. Urban -Mead proceeded to explain the Aquifer Recharge Rates and Septic System Recommendations Report using a PowerPoint presentation. Throughout the presentation, Mr. Urban -Mead also fielded questions from the Board. Supervisor Ruggiero closed the discussion at 9:22 PM. *VW D. Wappinger Farm — Al Roberts, David Sto/man Supervisor Ruggiero opened the discussion at 9:22 PM. Al Roberts, Attorney to the Town, explained the topic. Well over two years ago, Boris Shtutman and two of his partners contracted to purchase 61 acres along Robinson Lane. A portion of the property is contiguous to the Robinson Lane Recreation fields. Mr. Shtutman had proposed to develop both parcels pursuant to the R-40 designation. The larger parcel was R-40/80, which had different requirements. In exchange for a rezoning from R-40/80 to R-40, Mr. Shtutman indicated that he would donate approximately 28 acres to the town, of which approximately 10 acres would be useful for ball fields. The Town entered into an agreement establishing the parameters for the rezoning, but much has happened in the two years. Mr. Shtutman has purchased the property and now owns it through a company by the name of S&Z Development Corporation. Secondly, Torn of Wappinger Page 5 Printed 10/16/2007 Town Board Meeting Minutes September 24, 2007 the project has been referred to the Planning Board. The Planning Board has determined that a maximum of 19 lots could be developed on the site. It has submitted a recommendation to the Town Board which recommends that the rezoning goes through. Also, the Town Engineer's office has studied the land that is to be dedicated and there are some slight differences in the available acreage. The net acreage is 9.55 acres. There is 8/10's of an acre along one perimeter that is going to be used as a drainage swale. The agreement is basically the same as before, but needs to be updated. The original agreement anticipated a completion date of February of 2006. The revised agreement reflects the fact that the property is now owned by a different development corporation, that the Town Engineer has confirmed the useable acreage and that the Planning Board has confirmed that 19 new residential units could be completed. The property will not be dedicated until the rezoning goes through. If the rezoning and subdivision approval does not take place by December 15th, 2007, the owner reserves the right to withdraw his offer. If Mr. Shtutman does not withdraw, the agreement is good through April. In addition, Mr. Shtutman will submit a copy of the deed in recordable form for the property that the Town is to receive. There are also provisions in the case that the Health Department does not approve the 19 lots. Supervisor Ruggiero asked for questions. Councilwoman McCarthy asked a question about Lot 20. Mr. Roberts explained that Lot 20 is 27+ acres, of which 9.55 is usable. Contiguous to that 9.55 portion is a small narrow strip, 8/10's of an acre, which will be used to get surface water down into the nearby stream. Lot 20 is what the Town will be receiving. David Stolman, Town Planner, explained that the draft Local Law, and all associated documents (Resolution introducing, Resolution adopting, Public Hearing Notice, etc.), are all done except for referencing the agreement which is being modified. Mr. Stolman will modify the documents. Supervisor Ruggiero closed the discussion at 9:30 PM. E. Comprehensive Plan and FGEIS — David Stolman Supervisor Ruggiero opened the discussion at 9:30 PM. David Stolman explained that this is one of the last two steps in the SEQRA process before being able to adopt the Comprehensive Plan. This is the Final Generic Environmental Impact Statement. The final step is the drafting and adoption of the findings statement. Mr. Stolman proceeded to explain the FGEIS to the Board. Councilman Bettina asked where the Town was with regards to the County Department of Planning. Mr. Stolman replied that the County document is incorporated in the FGEIS. The County complimented the Town on the Plan and made some recommendations. wow Supervisor Ruggiero asked what the best format to conduct the discussion on the document was. Mr. Stolman recommended a workshop session using the FGEIS as an outline for discussing the comments. Councilman Beale mentioned comments that he received from the Village of Wappingers Falls. He asked if those comments were addressed. Mr. Stolman replied that they were and directed the Board to the page in the document that addresses the Village comments. Councilman Beale then asked if a copy of the document would be provided to the Village. Mr. Stolman answered that the document would be available on the Town website, as required by SEQRA. With no other comments or questions, Supervisor Ruggiero closed the discussion at 9:37 PM. F. Carnwath Farms Mansion Roof— Don Swartz Supervisor Ruggiero opened the discussion at 9:37 PM. Al Roberts, Town Attorney, began by explaining his position on the SEQRA issue. At the Emergency Meeting, there was deliberation about what was required to comply with SEQRA. Tom Davis mentioned that this was not a listed action. Mr. Roberts asked Mr. Davis what he meant by this. Mr. Davis informed him that he meant it was not an action that was required to have a SEQRA review. The technical term for that would have been a "Type II" Action. Mr. Roberts, David Stolman, Jay Paggi and Doug Goodfriend all concur that this is a Type II action, according to Mr. Roberts. The next Resolution was for the $4,000,000 bond. The third Resolution declared an emergency and suspended the bidding requirements for the Town's procurement policy strictly for the emergency repairs, as identified by Don Swartz. All other work would be subject to competitive bidding. Mr. Roberts then clarified the matter of who authorized the roof project to go out to bid. Once a project is authorized, as this was by the $4,000,000 bond Resolution, the particular professionals are authorized to go forward and undertake their various tasks. Mr. Roberts cited examples of that happening in the past on different projects. The question that remains is whether to proceed to accept the bid and authorize the contract. Supervisor Ruggiero discussed how emergency work is addressed in SEQRA. Mr. Roberts quoted chapters from the SEQRA. Supervisor Ruggiero asked if the Town did a "long EAF" on this. Mr. Roberts explained that it wasn't necessary. A Full EAF is needed if it is a Town of Wappinger Page 6 Printed 10116/2007 Town Board Meeting Minutes September 24, 2007 Type I action. Jay Paggi, Town Engineer, added that, for a Type I action, you may include a "Neg Dec" without going to an impact statement. David Stolman, Town Planner, asked that the Board forget about the Type I and Unlisted Actions. This is clearly a Type II action. Councilman Bettina asked if this was because it was emergency work. Mr. Roberts explained that it is Type II based on the nature of the work. Emergency work is also Type II. This project is Type 11 for four different reasons. Supervisor Ruggiero then discussed the deviation to have Don Swartz make permanent structural repairs. Mr. Swartz was asked to recap the discussion and slides that were presented at the Town Board Meeting on March 26`x'. Councilman Bettina stated that the vote was based on an emergency situation. He asked what happened in the March Meeting. Supervisor Ruggiero replied that the roof was part of the bond. It was $2,000,000 for the Mansion and $2,000,000 for SAM the Carriage House. When the emergency work was no longer being done, the remainder was to be bid out. From day one, the roof was to go out to bid. In March, it was decided not to do any emergency work on the roof, but to temporarily shore it, with the intention of coming back with a permanent solution by the bid process. Councilman Bettina asked if the Board approved that at the March Meeting. Supervisor Ruggiero confirmed. Mr. Swartz clarified that the task under emergency work was reconstruction. Everything done prior to that was shoring. Mr. Swartz and Mr. Conlon explained at the March Board Meeting that there was no logical load path for the roof to continue to stand. Different scenarios were presented to the Board to address the roof. Mr. Swartz asked the Board to allow him to shore the roof and address it with the roof project. Mr. Paggi commented that the $4,000,000 bond that was authorized included emergency work that was to begin immediately and other non -emergency work. Councilman Bettina replied that he never agreed to non -emergency work. He wants the Town residents to decide how the money is going to be spent. Councilman Beale added that the discussion at the Emergency Meeting was that there was work to be done, and in order to protect that work a roof may need to be put on the building. The Board still needs to make the decision if the Town is going to go with the roof replacement. Supervisor Ruggiero answered that the Resolution on the agenda was to make that decision. Mr. Paggi went on to say that the bid was not authorized in the Emergency Meeting but the Mansion roof was part of the $4,000,000 bond Resolution. Discussion followed. Councilwoman McCarthy stated that there were several discussions during which it was mentioned that it didn't make sense to make the emergency repairs and not protect the investment. Supervisor Ruggiero added that he remembered that it was said at the Emergency Meeting that by committing to doing the emergency work, the roof work needs to follow. He stated that this is a simple "yes" or "no" vote to award the bid. A "no" vote brings finality to the project at Carnwath. A "yes" vote would sustain the building. Mr. Swartz commented that one of the roofs is leaking again. This is a temporary roof that is no longer temporary and has outlived its useful life. At that time, Mr. Swartz and Mr. Conlon gave a PowerPoint presentation similar to the updates that they had previously given at earlier Town Board Meetings. Councilman Paoloni asked how much the project would cost including all money spent since January 27"' through to completion. Mr. Swartz replied that it depends on the level of finish that the Town is looking for. Not knowing what the building is going to be used for makes it difficult to estimate a total cost. The repairs made so far laid the foundation for all scenarios from office space to something along the lines of Vanderbilt Mansion. Councilman Bettina recommended putting this issue out to referendum. He supports saving this building but would like the people to have a say in how far they are willing to go. Mr. Swartz cautioned the Board that the Mansion has a temporary roof that has outlived its life and has failed in locations. Councilman Beale asked if the Board would be receiving numbers on the Carriage House as well. Mr. Swartz replied that they would, but they are not prepared yet. Councilman Bettina asked when they would be available. Mr. Swartz answered that he would probably have thein in the latter portion of November and December. Supervisor Ruggiero infonmed Councilman Bettina that this referendum would not be able to make the November ballot. He stated that he did not agree with sending this out to referendum. He is prepared to vote on the bid. If there is a "no" vote, he recommends that the Board call it a day and let nature and time do what the Town has been trying to delay. Councilwoman McCarthy added that it is irresponsible to spend the l„w money that has been spent and not protect it. Councilman Beale replied that it was not irresponsible. The emergency repairs were authorized because the building was about to fall down on people that would be attending the sports museum. Councilwoman McCarthy clarified that she meant it is irresponsible to not do the roof project to protect the emergency repairs. Councilman Beale commented that this project is a bottomless pit with no end of spending in sight. Councilwoman McCarthy replied that there is an end with every part of the project that comes before the Board. Councilman Beale stated that he believes the buildings are a great opportunity for the Town. He went on to say that he feels the Board has lost focus of the purpose of the Emergency Meeting. There were people visiting the Sports Museum while the building was in danger of collapse. He believes that the Board has to adopt the Carnwath Master Plan before proceeding. Torn of Wappinger Page 7 Printed 1011612007 Town Board Meeting Minutes September 24, 2007 Councilwoman McCarthy moved that the Carnwath Master Plan be added to the agenda so that the Board can vote on whether it can be adopted or not. There was a vote during which Supervisor Ruggiero and Councilwoman McCarthy voted "aye". Councilman Bettina commented that he wants to know how much something is going to cost before he votes on it. Supervisor Ruggiero replied that the Board was given a Plan on May 16'h of 2006. Councilman Bettina asked what the total cost was. Councilwoman McCarthy answered to look in the back of the book. Councilman Beale stated that it is unbelievable that the Board is going to have a discussion about adopting a plan that the Board has not even discussed in a workshop. Councilwoman McCarthy replied that Councilman Beale just recommended that the Board adopt the Carnwath Master Plan. Councilman Beale answered that the Board is obviously not going to blindly adopt a plan that is the size of two phone books. Councilman Bettina asked what the total costs from the Plan are. Supervisor Ruggiero replied that there are several different costs. He listed some of the projects and their corresponding costs. The costs are in 2004 Dollars. Councilman Beale asked how the Board could make an intelligent decision without having all of the numbers. There are numbers for the Mansion but not the other buildings. Next year there could be problems with the Administration Building and problems with the Dorm in the next. Councilwoman McCarthy recommended taking each project building by building. Councilman Beale asked what the life of the emergency work that has been done to the Mansion is. Supervisor Ruggiero commented that it is as important to worry about the new damage that is going to occur. Discussion followed. Supervisor Ruggiero mentioned that the Town has been negotiating with caterers to host weddings at the Chapel. The caterers felt that the Mansion was an eyesore. He doesn't feel that the whole building needs to be restored to make it acceptable, but people would come in to invest in the facility if it was made stabile. Councilman Beale replied that a new roof would not change the look of the building. Supervisor Ruggiero answered that he could not market a building that was not stabile. Councilman Beale mentioned all of the large proposals that are on the table and recommended that a solid plan be in place with prioritized expenditures before moving forward. Supervisor Ruggiero discussed the previous Town Supervisor's philosophy on spending and investment and how it differed from his. When the Board made the decision at the Emergency Meeting to invest in saving the buildings, it could have also made them safe by razing them. There would be no further expenditures, but there would also be no more Mansion or vision. In his opinion, making the investment at the Emergency Meeting was an investment to preserve the buildings. Supervisor Ruggiero then addressed the Councilman's comment about the other proposals. He pointed out that there was a $450,000 bond for Highway equipment on the agenda that maybe the Town should not do. Councilman Beale recommended distinguishing between operational expenses and recreation expenses. Supervisor Ruggiero replied that repairing these buildings are not a Recreation expense. Councilwoman McCarthy reminded the Board that she had made a motion about the Master Plan. Supervisor Ruggiero asked Councilwoman McCarthy to withdraw her motion. He would put the Carnwath Draft Master Plan on the agenda for the Town Board Meeting to take place in two weeks. At that Meeting, the Board could review the document and go over all of the expenditures. In the meantime, he would move the roof bid Resolution. The bids are going to expire. If the Board votes it down, they can explain why the roof is not being fixed. Councilwoman McCarthy warned that the roof is going to be more expensive if they wait to review and adopt the Master Plan. Councilman Bettina asked if she was saying that two more weeks to review the numbers would be a problem. Mr. Swartz commented that the bids came in on September 6"' and are valid for 45 days. There is an adhesive applied membrane item in the bid that may be a problem as the weather continues to get colder. If the bids are rejected, it will cost more in the following year. Councilman Bettina commented that the Master Plan is a great document, but he is asking for a capital plan for Carnwath similar to the capital plan that was requested for Recreation. Supervisor Ruggiero commented that the Board has just been given the capital plan. It is a wish list with no dollar amounts attached. Councilman Beale replied that this is not a capital plan. In his opinion, a capital plan should include dollar figures and be prioritized. Supervisor Ruggiero disagreed and compared the Town's Recreation capital plan with a County capital plan. Some of the items in the County capital plan don't have dollars attached either. Regarding Councilman Beale's comment about prioritizing projects, Supervisor Ruggiero stated that it is the Councilmember's duty to prioritize the items. Discussion followed about the vision and contents of the Carnwath Master Plan. Councilwoman McCarthy recommended that the Board move forward and accept the roof bid so that they can take the time to refresh their memories about the overall plan. Councilman Bettina asked why the Board needed to vote now if the bids were still good for another two weeks. Councilwoman McCarthy replied that she does not think the project should go out to referendum. She feels that the Board is responsible to protect the money that has already been spent. Councilman Beale again stated that the purpose of the Emergency Meeting was to address the public safety concern. Town of Wappinger Page 8 Printed 10/16/2007 Town Board Meeting Minutes September 24, 2007 Councilwoman McCarthy commented that the building may not fall down, but it is useless. George Kolb, Director of Code Enforcement, informed the board that the roof is a very structural element of the building. In the very near future, the roof could become a major problem that would require that he post the building again. The building is temporarily supported and is, by no means, safe. It needs to be fixed or demolished. Discussion about the integrity of the roof followed. Mr. Kolb stated that he was under the impression that temporary fixes were made with the intent to go out to public bid on the roof. Jay Paggi summarized the events that lead to the change in direction, which was authorized in March, to remove and replace the roof. Supervisor Ruggiero proceeded to read the Minutes from March 26tt', 2007. Councilman Beale asked if it would be wise to leave the items tabled for two weeks while the Board continues to have discussion about them. Councilwoman McCarthy replied that it was not. Supervisor Ruggiero added that he didn't know what could be gained by holding off for another two weeks. Councilman Beale asked that the Board look at the big picture. Councilwoman McCarthy replied that the big picture is protecting the money that has already been spent. Councilman Beale asked how the $426,000 for emergency work compares to the $10,000,000 that could bring the buildings to life. Councilwoman McCarthy replied that Mr. Kolb just informed the Board that the building is not safe. Councilman Beale asked for clarification on whether the building was safe or not, because the Sports Museum needs to be closed if it is not. Mr. Kolb answered that it is possible that it is not safe. Councilwoman McCarthy withdrew her Motion concerning the Carnwath Master Plan. Discussion followed regarding the Carriage House estimates. Graham Foster, Highway Superintendent, asked if he was hearing correctly that the Town professionals could not guarantee that the building will hold up through the winter. Councilman Beale stated that he was under the impression that the $700,000 was being spent to mitigate and structural collapse hazard. Mr. Swartz corrected the Councilman. He stated that, in no way, did he ever represent that the roof fix was going to be permanent. He told the Board back in March that they are going from permanent fix to temporary. Councilman Beale asked if, without the roof being replaced, was there still a collapse hazard. Mr. Swartz answered that it is a temporarily shored roof with no logical load path to the ground. Supervisor Ruggiero ended the discussion at 11:10 PM and asked for a five minute recess. Motion To: adopt to Carnwath Master Plan RESULT: WITHDRAWN [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Ruggiero, Supervisor AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Al. Resolutions Motion To: untable Resolution 2007-167 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni 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 affinnative 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 pennissive referendum, to be issued $450,000 bonds of Torn of Wappinger Page 9 Printed 10/16/2007 Town Board Meeting Minutes September 24, 2007 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 detennined 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 terns, 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 detennine. 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 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 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Town of Wappingers Page 10 Printed 10/16/2007 Town Board Meeting Minutes September 24, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-167 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter 0 ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ El❑ ❑ Tabled Vincent Bettina Voter 0 ❑ 11 11 ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York September 24t1i, 2007 The Resolution is hereby duly declared adopted. Motion To: untable Resolution 2007-194 RESULT: ADOPTED [4 TO 11 MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Ruggiero, Supervisor AYES: Joseph Ruggiero, Vincent Bettina, Maureen McCarthy, Joseph Paoloni NAYS: William Beale RESOLUTION: 2007-194 Resolution Authorizing Bid for Roofing Rehabilitation to the Carnwath Farms Mansion WHEREAS, bids were opened on September 6"', 2007, for the Roofing Rehabilitation Project to the Carnwath Farins Mansion by Town Clerk, John C. Masterson; and WHEREAS, the following bids were received: E&A Construction Corp. $866,194.00* irregularities as set forth in the letter report of September 10th, 2007 from The Swartz Architectural Group, P.C. to the Town of Wappinger Piazza Brothers Construction, Inc. $894,960.00 WM Manfredi Const. Corp. $960,000.00 Idema Gen Construction Inc. $1,303.277.00 WHEREAS, Donald L. Swartz, R.A., of The Swartz Architectural Group, P.C., the assigned architect for the project, has submitted a written bid recommendation to the Town Board in his letter report of September 10th, 2007, a copy of which is on file at the Office of the Town Clerk. 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 apparent low bids submitted by E&S Construction Corporation of Brooklyn, New York, in the apparent amount of $785,394.00 is hereby rejected because the firm failed to meet the bidding specifications as identified in the September loth, 2007 letter report of The Swartz Architectural Group. om 3. The Contract for the Roofing Rehabilitation to the Carnwath Farms Mansion is hereby awarded to Piazza Brothers Construction, Inc., of Valhalla, New York, for an amount not to exceed Eight Hundred Ninety - Four Thousand, Nine Hundred Sixty Dollars and 00/100 ($894,960.00), in accordance with the bid recommendation letter report dated September 10t1i, 2007, from Donald L. Swartz of The Swartz Architectural Group, to the Town Board. 4. Supervisor Joseph Ruggiero is hereby authorized and directed to execute a contract by and on behalf of the Town of Wappinger with Piazza Brothers Construction, Inc., of Valhalla, New York in the form of contract as prepared by The Swartz Architectural Group, and upon execution of the Town of Wappinger Page 11 Printed 10/16/2007 Town Board Meeting Minutes September 24, 2007 contract, The Swartz Architectural Group, P.C. is authorized to issue a Notice to Proceed to Piazza Brothers Construction, Inc. to commence work pursuant to said contract. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-194 Yes/Aye ' No/Nay Abstain Absent ❑ Adopted Joseph Ruggiero Seconder Z❑ Seconder ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ 0 ❑ ❑ El Defeated Vincent Bettina Voter ❑ Defeated ❑ ❑ ❑ Tabled Maureen McCarthy Initiator D ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24th, 2007 The Resolution is hereby defeated. Motion To: untable Resolution 2007-196 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Ruggiero, Supervisor AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2007-196 Resolution Authorizing Bid for Roof Reconstruction Asbestos and LBP Abatement to the Carnwath Farms Mansion WHEREAS, bids were opened on September 6t1i, 2007, for the Roofing Rehabilitation Asbestos and LBP Abatement to the Carnwath Farms Mansion by Chris Masterson, Town Clerk of the Town of Wappinger; and WHEREAS, bid were received as follows: Superior Abatement $137,000 Asbestos Corp of America $144,000 Jupiter Environmental $183,000 WHEREAS, Lawrence Holzapfel, of QUEST, 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 the Roofing Rehabilitation Asbestos and LBP Abatement to the Carnwath Farms Mansion is hereby awarded to Superior Abatement for an amount not to exceed One Hundred Thirty-seven Thousand Dollars and 00/100 ($137,000.00), in accordance with the bid recommendation letter dated September 18th, 2007, from Lawrence Holzapfel 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 -2007-196 Yes/Aye No/Nay Abstain Absent ❑ Adopted Joseph Ruggiero Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ 2 ❑ ❑ 0 Defeated Vincent Bettina Voter ❑ 0 ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 2 ❑ ❑ ❑ Joseph Paoloni Voter ❑ Rl ❑ ❑ Dated: Wappingers Falls, New York September 24th, 2007 The Resolution is hereby defeated. Town of Wappinger Page 12 Printed 10116/2007 now Town Board Meeting Minutes September 24, 2007 RESOLUTION: 2007-198 Resolution Authorizing Rental Rates for Highway Equipment WHEREAS, the Town of Wappinger Town Board has received the following rental rates for paving equipment and materials: Paving Equipment: Trucks: Blaw Knox 4410 Paver w/operator 189.00 per hour Screed Operator 58.00 per hour Curber 95.00 per hour Skidsteer Loader w/Miller w/operator 155.00 per hour Skidsteer Loader w/o Miller w/operator 100.00 per hour Tri Axle Dump Truck 92.00 per hour 6 Wheel Dump Truck 75.00 per hour Tractor Trailer w/Dump Trailer 115.00 per hour Tractor Trailer w/Flowboy 125.00 per hour Rollers: Ingersol Rand DD -90 w/operator 98.00 per hour Ingersol Rand DD -24 w/operator 90.00 per hour One ton Roller w/operator 75.00 per hour Grader Loader: Grader w/operator 120.00 per hour IT -28G 2 1/2 Yards w/operator 135.00 per hour Road Widener: Midland Model WA w/operator 140.00 per hour Laborers 58.00 per hour WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, solicited rates for rental equipment and materials for paving; and WHEREAS, rental rates were received and reviewed by Town of Wappinger Highway Superintendent, Graham Foster; and WHEREAS, Town of Wappinger Highway Superintendent, Graham Foster, has provided an award recommendation to the Town Board NOW, THEREFORE, BE IT RESOLVED, that the contract for rental equipment and materials for paving to the Highway Department is hereby awarded to Bridge View Excavation, Inc. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-198 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ El ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 13 Printed 10/16/2007 Town Board Meeting Minutes September 24, 2007 RESOLUTION: 2007-199 Resolution Authorizing the Submission of the Fiscal Year 2008 Dutchess County Community Development Block Grant Program Application WHEREAS, the Town of Wappinger is participating in the Dutchess County Community Development Block Grant; and WHEREAS, input from citizens and groups has been received and considered; and WHEREAS, an application has been prepared which addresses our community concerns in creating a Little League Challenger Division Baseball field. NOW, THEREFORE BE IT RESOLVED, that the Dutchess County Community Development Consortium Fiscal Year 2008 application for the Town of Wappinger including the certifications included therein by and hereby approved; BE IT FURTHER RESOLVED, that the submission of said application to the Dutchess County Department of Planning and Development be and hereby is authorized. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-199 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator � ❑ El ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-200 Resolution to Establish Water Meter Fee WHEREAS, George Kolb, Director of Code Enforcement, has reviewed the current fees for water meters in the Town of Wappinger; and WHEREAS, based upon the study and recommendation of the Director of Code Enforcement, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to establish fees for water meters. WHEREAS, the following proposed fees are as follows: Meter Current Fee Projected Fee 1 " Water Meter $10.00 $200.00 NOW, THEREFORE, BE IT RESOLVED, The Town Board has authorized the Director of Code Enforcement to charge a fee of Two Hundred Dollars and 00/100 ($200.00) for 1 " water meters. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-200 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 Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 14 Printed 10116/2007 Town Board Meeting Minutes September 24, 2007 RESOLUTION: 2007-201 Resolution Authorizing Attendance to the Dutchess County Land Use Leaders Training and Certification Program WHEREAS, the Town of Wappinger is allowed to send one member of the Town Board to attend the Dutchess County Land Use Leaders Training and Certification Program at the Henry A. Wallace Center at the FDR Presidential Library and Home in Hyde Park on November 30t1i, 2007. NOW, THEREFORE, BE IT RESOLVED, The Town Board is authorized to send one member to attend the Dutchess County Land Use Leaders Training and Certification Program on ■ m November 30t1i, 2007, at the Henry A. Wallace Center at the FDR Presidential Library and Home in Hyde Park at no cost to the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-201 Yes/Aye No/Nay Abstain Absent Rl Adopted Joseph Ruggiero Voter 0 11El❑ El 11 Adopted as Amended William Beale Voter Z ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 2 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator Rl El ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ 11 El Joseph Paoloni Voter 10 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-202 Resolution Authorizing Completion of Change Order for New Hackensack Water Main Extension WHEREAS, Town Engineer Joseph E. Paggi has approved a Change Order for the New Hackensack Water Main Extension as per a letter dated September 17th, 2007, a copy of which is 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 approves a change order dated September 17t1i, 2007, for the New Hackensack Water Main Extension between the Town and Thomas Gleason Inc. in the amount of Six Thousand, One Hundred Sixty -Eight Dollars and 75/100 ($6,168.75) for the reasons set forth in the letter dated September 17"', 2007, from Joseph E. Paggi Engineering to the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-202 Yes/Aye No/Nay Abstain Absent D Adopted Joseph Ruggiero Voter El ❑ El El Adopted as Amended William Beale Voter 10 ElEl❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ El El Tabled Maureen McCarthy Initiator Rl El ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 15 Printed 10116/2007 Town Board Meeting Minutes September 24, 2007 RESOLUTION: 2007-203 Resolution Authorizing Amendment to Contract In Connection with the Wappinger Farm Estates Subdivision and Rezoning Application WHEREAS, Boris Shtutman, Oleg Shtutman and Sam Zeltsers, hereinafter collectively referred to as "SHTUTMAN" were contract vendees to purchase a parcel of land containing approximately 61 acres on Robinson Lane in the Town of Wappinger (hereinafter referred to as the "Property"); and WHEREAS, SHTUTMAN had applied for a rezoning of a portion of the Property from R-40/80 to R-40; and WHEREAS, to mitigate any impacts associated with the rezoning of the Property, SHTUTMAN had offered to dedicate to the TOWN approximately 27.81 acres of land (the "Recreation Parcel") upon the rezoning of the land to R-40 and upon Final Subdivision Approval, subject to certain conditions; and WHEREAS, SHTUTMAN and the TOWN entered into an Agreement dated July, 2005, which Agreement identified the terms and conditions to be observed by SHTUTMAN and the TOWN in the event the TOWN elected to rezone the Property from R-40/80 to R-40; and WHEREAS, SHTUTMAN assigned all of their right, title and interest in and to the Property to S & Z, the successor in interest to SHTUTMAN and has acquired title to the Property; and WHEREAS, the Planning Board of the Town of Wappinger has reviewed an application for subdivision approval of the Property and on August 61h, 2007, has given conceptual approval to a proposed subdivision containing 19 new residential lots and lot 20, the Recreation Parcel, as shown on a plat entitled "Preliminary Subdivision Plat Wappinger Farm Estates" dated August 5th, 2005, last revised August 14th, 2007, prepared by Spectra Engineering, Architecture & Surveying, P.C., said Plat hereinafter referred to as the "Map"; and WHEREAS, circumstances have changed since the original Agreement of July, 2005 was executed, and S & Z and TOWN have agreed to amend the terms and conditions of said Agreement and the conditions to be observed by S & Z and by the TOWN as a pre -condition to the TOWN adopting any Local Law which would rezone the Property from R-40/80 to a R-40 zoning classification; and WHEREAS, the Agreement dated July, 2005 between SHTUTMAN and the TOWN was contingent upon SHTUTMAN obtaining preliminary subdivision approval for at least 20 lots under the R-40 zoning designation no later than February 1St, 2006; and WHEREAS, both the TOWN and S & Z, as successor in interest to SHTUTMAN wish to proceed with the transaction with the understanding that the Contract would now be contingent on S & Z obtaining final subdivision approval for 19 lots no later than December 15t", 2007; and WHEREAS, the TOWN and S & Z wish to confirm the revisions to the Agreement dated July, 2005, all as set forth in the proposed Modification Agreement, a copy of which is attached hereto and marked and designated Exhibit "Fl. NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board Members each have received, reviewed and are familiar with the terms and conditions set forth in the Modification Agreement attached hereto and marked and designated Exhibit "1 ". 3. The Town Board Members concur that the conditions set forth in the Modification Agreement are the minimum standards pursuant to which the Town Board will consider a rezoning of the Property from R40/80 to R40. 4. The Town Board Members expressly reserve the right, in their legislative discretion, not to rezone the Property as requested and by execution of this Agreement, merely establish the minimum conditions pursuant to which the Property will be rezoned. 5. Supervisor Joseph Ruggiero is hereby authorized to execute this Modification Agreement by and on behalf of the Town. 6. Engineer to the Town, Joseph E. Paggi, Jr., P.E. and Frederick P. Clark Associates, Town Planner, and Albert P. Roberts, Attorney to the Town, are further authorized to undertake any work necessary to prepare Amendments to the Town Master Plan and to draft a proposed Local Law to implement and adopt a proposed Local Law for the subject rezoning to be considered by the Town Board. Town of Wappinger Page 16 Printed 10116/2007 Town Board Meeting Minutes September 24, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-203 Yes/Aye No/Nay Abstain Absent D Adopted Joseph Ruggiero Voter 0 ❑ El ❑ Adopted as Amended William Beale Voter El 11El❑ ❑ Defeated Vincent Bettina Initiator RI ❑ ❑ El ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24t", 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-204 Resolution Adopting Local Law No. 13 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, 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, Non -Substantive Technical Amendments to the Town of Wappinger Code Regarding Coordinated Assessment, Blasting, Sidewalk Maintenance and Site Plan Recreation Fees; 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 September 24t1i, 2007, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board has caused the preparation of a Short Form EAF; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR and Section 117 of the Code of the Town of Wappinger and hereby determines that the intended action, to wit, the adoption of the referenced Non -Substantive Technical Amendments to the Town of Wappinger Code Regarding Coordinated Assessment, Blasting, Sidewalk Maintenance and Site Plan Recreation Fees Local 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. 13 of the Year 2007 entitled Local Law No. 13 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, 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. Torn of Wappinger Page 17 Printed 10/16/2007 Town Board Meeting Minutes September 24, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-204 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ ❑ 0 ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24th, 2007 The Resolution is hereby duly declared adopted. Towel of Wappinger Page 18 Printed 10/16/2007 LOCAL LAW NO.13 OF THE YEAR 2007 A Local Law entitled "Local Law No. 13 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." 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. 13 of the Year 2007, Non -Substantive Amendments to the Town of Wappinger Code Regarding Coordinated Assessment, Blasting, Sidewalk Maintenance and Site Plan Recreation Fees" which shall amend various provisions of the Town of Wappinger Code to correct minor technical errors as set forth below. Section -II: Legislative Intent: During the codification process of recently enacted Local Laws several minor errors have been identified pertaining to Coordinated Assessment, now found at Chapter 150; Chapter 80 Blasting; Chapter 214, Article VII Sidewalk Maintenance; and Site Plan Recreation Fees. This Local Law is intended to correct those errors. Section -III: Renumbering Chapter 150 to "Chapter 4 Assessment" Chapter 150 of the Town Code created by Local Law No. 8 of the Year 2006 entitled "Creating Chapter 150 of the Town Code Establishing a Coordinated Assessment Program Between the Town of Wappinger and the Town of Fishkill" and further amended by Local Law 9 of 2006 is hereby renumbered to Chapter 4 and entitled "ASSESSMENT" and shall be codified in Part I - Administrative Legislation of the Town Code. The numbering of the articles, sections and subsections of said Chapter shall remain the same and the text of such sections shall remain unchanged. Section -IV: Technical Amendments to Chapter 80 regarding Blasting Subsection § 80-8(B)(11) as created by Local Law No. 11 of the Year 2006 is amended to read as follows: "11) The form of the application is available in the Town Clerk's Office and may be amended from time to time." "M Subsection § 80-11(R) as created by Local Law No. 11 of the Year 2006 is amended to read as follows: "R. A seismograph shall be placed near the closest residence or structure in the blast area regardless of whether or not a pre -blast inspection is required. A printout report taken during all blasting operations must be filed with the Code Enforcement Officer." Section -V: Technical Amendments to Chapter 214, Article VII regarding Sidewalk Maintenance § 214-85 (C) of the Town of Wappinger Code created by Local Law 1 of 2007 shall be amended to read as follows: "C. Any persons who shall violate any of the provisions of this Article or any rule or regulation made pursuant thereto or fails to comply with the provisions of this Article, shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122-20 of the Code and/or imprisonment not to exceed ten (10) days. For the first day after a non- compliance with this provision, the fine shall not exceed $100.00; if the non-compliance continues for a second day, the fine shall not exceed $200.00, and if the non-compliance continues for a third day, the fine is $250.00 for each day thereafter that this Article is violated. To promote compliance with the provisions of the Article, each day that a violation continues following notification shall be deemed a separate offense. The imposition of any fines shall not exempt the offender from further compliance with the provisions of this Article." Section -VI: Technical Amendments to Chapter 122, regarding Fees for Sidewalk Maintenance § 122-16 K(3) dealing with a fee for sidewalk maintenance, created by Section II of Local Law 1 of =No 2007, is hereby repealed. Section -VII: Technical Amendments to Chapter 122, regarding Fines for Sidewalk Maintenance § 122-20 (CC) of the Town of Wappinger Code is hereby amended by adding a new sub -section (5) thereto as follows: "(5) §214-85 (C) Fine Sidewalk Maintenance — removal of snow, ice and debris: (a) $100.00 for the first day of non-compliance; (b) plus $200.00 for second day of non-compliance; (c) plus $250.00 for the third day of non-compliance and each day thereafter." 2 Section -VIII: Technical Amendments regarding Recreation Fees in Chapter 240 Zoning § 240-86 (0)(2) of the Town of Wappinger Code, created by Local Law 6 of 2006 is hereby amended to read as follows: "(2) Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute." Section -IX: 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 -X: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. I Town Board Meeting Minutes September 24, 2007 RESOLUTION: 2007-205 Resolution Authorizing Attendance to New York State GFOA Seminar WHEREAS, Jean Gallucci, Comptroller, has requested authorization for Inez Maldonado and herself to attend the New York State Government Finance Officers' Association on October 12th, 2007, in Rye, New York, at a cost of Two Hundred Forty Dollars and 00/100 ($240.00). NOW, THEREFORE, BE IT RESOLVED, Jean Gallucci, Comptroller, and Inez Maldonado are hereby authorized to attend the New York State Government Finance Officers' Association in Rye, New York, on October 12th, 2007, at a cost not to exceed Two Hundred Forty Dollars and 00/100 ($240.00). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-205 Yes/Aye No/Nay Abstain Absent D Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ❑ ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24th, 2007 The Resolution is hereby duly declared adopted. VIII. Unanimous Consent Motion To: add Resolution 2007-206 to the Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2007-206 Resolution Accepting Final Generic Environmental Impact Statement (FGEIS) in Connection with Town Comprehensive Plan and Associated Zoning Amendments WHEREAS, the action which the Town Board is entertaining is the adoption of a new Town Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, pursuant to the State Environmental Quality Review regulations, the Town Board adopted a Positive Declaration, thereby finding that the Proposed Action may result in a significant adverse environmental impact for the reasoning contained in the Positive Declaration; and WHEREAS, pursuant to the State Environmental Quality Review regulations, the Town Board accepted a Draft Generic Environmental Impact Statement prepared for the Proposed Action as being satisfactory with respect to its scope, content and adequacy; and WHEREAS, the Town Board filed and published of the Notice of Completion and the DGEIS as provided for on the notice; and WHEREAS, the Town Board established a comment period on the DGEIS and held two public hearings on the DGEIS at which time all persons interested were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: Town of Wappinger Page 19 Printed 10/16/2007 woo an Town Board Meeting Minutes September 24, 2007 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby finds that the Final Generic Environmental Impact Statement prepared for the Proposed Action is accepted as being satisfactory with respect to its scope, content and adequacy, and therefore adopts the attached Notice of Completion of Final Generic EIS (FGEIS). 3. The Town Board hereby directs the filing and publication of the Notice of Completion and the FGEIS as provided for on the notice. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-206 Yes/Aye No/Nay Abstain Absent D Adopted Joseph Ruggiero Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder Rl ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 2 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24th, 2007 The Resolution is hereby duly declared adopted. IX. New Business Councilman Beale New Business Councilman Beale asked if Mr. Swartz had something to add. Mr. Swartz asked if he was to continue to pursue preparation of documents to get the determinant fee for the Carriage House work. Councilman Beale asked where the Board stood now that the Resolutions have been defeated. Al Roberts, Attorney to the Town, replied that he was not sure whether it could be reintroduced by unanimous consent or not. Supervisor Ruggiero added that it could be added with a new Resolution number. Councilman Beale then asked for a Workshop Meeting to be set up prior to the next Regular Town Board Meeting to discuss the Carnwath Master Plan. Mr. t� Roberts mentioned that the Board could reconsider the vote, but it would have to be reintroduced with three or four votes. Supervisor Ruggiero clarified that Councilman Beale is asking for a Workshop Meeting to occur on October 9th. He would then want a subsequent meeting to award the bid. Jay Paggi, Town Engineer, commented that the bids will expire on the day before the second meeting in October, or October 21St. Discussion followed. Mr. Roberts asked if Councilman Beale was suggesting that the Resolutions be renumbered and placed on the Workshop agenda, and that prior to the vote, there be a workshop on the topic. Councilman Beale confirmed that that was his intention. Discussion followed regarding Mr. Swartz's original question to proceed or not. Councilman Bettina stated that the Board is going to need those numbers anyway in order to go out for referendum. Supervisor Ruggiero asked Councilman Bettina what the referendum would be. Mr. Roberts added that topics that are subject to permissive referendum can be made a mandatory referendum by the Board. His sense is that it could be put out for referendum, but the Board would need to frame the question. Supervisor Ruggiero asked if the cut-off date for a referendum had passed. He also asked for the Board to tell Mr. Swartz whether he should continue or not. Discussion followed. Councilman Beale stated that the responsible thing would be to have a Workshop Meeting to discuss the Carnwath Master Plan, prioritize the Master Plan and come up with a Dollar figure that will make this a viable investment. Mr. Roberts asked what the degree of specificity that Councilman Bettina would need is. He also pointed out that the Board needs to act quickly if it is going to act at all. Supervisor Ruggiero asked if there was going to be a motion to authorize Mr. Swartz to continue the design work on the Carriage House. Councilman Beale recommended that Mr. Swartz pause his plans until the Board has a Workshop Meeting. Councilman Bettina asked how long it would take to complete the designs for the Carriage House. Mr. Swartz explained that the bid could take place in November. The numbers from that bid would come back to the Board in November or December. Councilwoman McCarthy asked that the motion be made. Councilman Bettina made a motion to continue with the designs in order to come up with a number, a total cost, for the public to decide how the money will be spent. Councilman Beale seconded the motion. Discussion followed. Supervisor Ruggiero asked that all motions be withdrawn. Councilwoman McCarthy mentioned that there was still no direction for Mr. Swartz. Councilman Paoloni commented that the direction is to put together numbers for a public referendum. Councilman Bettina repeated his motion to continue with the designs in order to Town of Wappinger Page 20 Printed 10/16/2007 Town Board Meeting Minutes September 24, 2007 have numbers to go out to the public. Councilman Beale restated for clarification that the motion was for these designs to be done to come up with numbers so that the Town is prepared to go out to public referendum. He asked if Councilman Bettina is asking to go out to public referendum. Councilman Bettina asked Mr. Roberts if this was the correct way to do it. Mr. Roberts explained that the Board has got to identify what the public is going to be asked to do or to approve. Councilman Beale summarized that, right now, Councilman Bettina is just looking for the numbers. The next step would be to go to public referendum. Councilman Bettina again stated his motion to continue with the designs to see what the actual costs are. Mr. Roberts made sure that the Board understood that this could not occur before October 9t". Councilman Beale seconded the Motion. Supervisor Ruggiero then made a motion to table this resolution. Councilwoman McCarthy seconded. Councilman Bettina called the question. Supervisor Ruggiero asked for a roll call vote. Town Clerk, Chris Masterson, asked which vote the Supervisor was asking for a roll call vote for. Supervisor Ruggiero asked Councilman Bettina to state his motion again. Councilman Bettina clarified that his motion is for Don Swartz to design the roof to the Carriage House so that he can get a number as to what it's going to cost to protect the asset on Carnwath. Mr. Swartz asked if he was to be the estimator. Councilman Bettina replied that Mr. Swartz could be the estimator. Supervisor Ruggiero again asked that Councilman Bettina state his resolution. Councilman Bettina made a motion to direct Don Swartz to design and provide an estimate as to the cost of the Carriage House roof. Supervisor Ruggiero asked for a second. Councilman Beale seconded the motion. The motion passed 4-1, with Councilwoman McCarthy voting "No". Motion To: authorize Swartz Architecture to continue with designs for the Carriage House roof RESULT: ADOPTED [4 TO 11 MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Vincent Bettina, Joseph Paoloni NAYS: Maureen McCarthy X. Adjournment Motion To: adjourn at 11:51 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 11:51 PM. J n C. M sterson Town Clerk Town of Wappinger Page 21 Printed /0/16/2007