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2007-10-09 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting October 9`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 October 9`h, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Public Hearings 1. Local Law No. of the 2007, Amendments to Mandatory Private Well Testing in the Town of Wappinger 2. Local Law No. of the Year 2007, Designating a Three -Way Full Stop Intersection at the Intersection of Granger Place and Scott Drive III. Public Portion IV. Discussion A. Budget Presentation B. Carnwath Mansion Roof and Fascia Replacement — Don Swartz C. Carnwath Master Plan D. Recreation Capital Plan E. Recycle Center - Special Use Permits V. Resolutions 2007-207. Resolution Authorizing Re -Levy of Water/Sewer Charges 2007-208. Resolution Adopting Local Law No. of the Year 2007, Designating a Three -Way Full Stop Intersection at the Intersection of Granger Place and Scott Drive 2007-209. Resolution Adopting Local Law No, of the Year 2007, Amendments to Mandatory Private Well Testing in the Town of Wappinger 2007-210. Resolution Naming the Roads in Cranberry Hills Subdivision 2007-211. Resolution Authorizing Return of Escrow for 4 Lindsey Court for Driveway VI. 2007-212. Resolution Authorizing Return of Escrow for 34 Viola Court, Lot 12 Blackwatch, for Driveway 2007-213. Resolution Authorizing Return of Escrow for Road Completion at Intersection of Theresa Boulevard and Cedar Hill Road 2007-214. Resolution Authorizing Recreation Fees Refund Due to Overpayment 2007-215. Resolution to Authorize Entry into Contract for Workers' Compensation Services 2007-216. Resolution Accepting Second Reduction in the Security Posted with the Performance Agreement Secured by a Surety Bond for the Shamrock Hills Subdivision 2007-217. 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 2007-218. Resolution Authorizing the Adjustment of Salary for Recreation Employee 2007-219. Resolution Appointing Recreation Director 2007-220. Resolution Authorizing Bid for Roofing Rehabilitation to the Carnwath Farms Mansion 2007-221. Resolution Authorizing Bid for Roof Reconstruction Asbestos and LBP Abatement to the Carnwath Farms Mansion 2007-222. Resolution Adopting Carnwath Master Plan 2007-223. Resolution Adopting Certificate of Adjusted Base Proportions for the 2007 Assessment Roll From the New York State Office of Real Property Services New Business VII. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting townofwappinger.us Minutes — Chris Masterson 845-297-5771 Tuesday, October 9th, 2007 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the Meeting to Order at 7:34 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 Al Roberts Town Attorney Present Jay Paggi Town Engineer Present Graham Foster Highway Superintendent Present Public Hearings Local Law No. of the 2007, Amendments to Mandatory Private Well Testing in the Town of Wappinger Supervisor Ruggiero opened the Public Hearing at 7:35 PM. Town Clerk Chris Masterson offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Ruggiero asked Al Roberts, Attorney to the Town, to briefly describe the amendments. Mr. Roberts explained that this permanently addresses the situation that Councilman Beale had concerns about. If a non -owner -occupied one or two family residence is up for sale, it has to be tested at the time of sale. In addition, within 12 months of the adoption of this Local Law, the property owner or landlord has to do the well testing and provide copies of the test results to all tenants. Other than that, it is basically the prior version that had been discussed and adopted. The only other change is that the Local Law has been deferred until this month, before it is officially enforced. Councilman Bettina asked for clarification on two-family mother -daughter houses. Mr. Roberts explained that, if the house is leased for less than one year, it is exempt from the testing. Supervisor Ruggiero asked for comments from the public. There were none. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. The Public Hearing was closed at 7:37 PM. ...... RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page I Printed 10/19/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE LOCAL LAW TITLED "LOCAL LAW NO. _ OF THE YEAR 2007, AMENDMENTS TO MANDATORY PRIVATE WELL TESTING IN THE TOWN OF WAPPINGER" now 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 on the Local Law Titled, "Local Law No. of the Year 2007, Amendments to Mandatory Private Well Testing in the Town of Wappinger", on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. ohn C. asterson Town Clerk ... Town of Wappinger Sworn to before me the 13th day of September, 2007 � o wazz NOTARY PUBLIC DENISE MACIO - 01 MA6168116 Notary Public State of New York Qualified in Dutchess County Commission Expires 6 / 4 / 20B Poughkeepsie, N.Y. AFFIDAVIT OF PU B; NOTARY PUBLIC, 5 1A i L: or NO, 011 C150064 80" QUALIFIED IN DUTCHESS COUNTY C010,NIISSION EXPIRES OCTOH, i a, 'OD0 State of New York County of Dutchess City of Poughkeepsie SEP 2 12007 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 for one insertweeks successively, in each week, commencing on the 19th 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 oth days inclusive. Subscr' d and sworn to before me this o�Y/ of he year of 2007 'ry Publi My commission expires aZL I k1civ 10 NOTICE OF PUBLIC' HEARING TOWN OF WAPONGER NOTICE(SHERF13Y. GIVEN that the Town Board of the Town of VVappingerl will con- dubtaPUBLICHEAR7 ING on the .1 9th day of �,,;,October, 20Q7;at7'36 p.m,, at the Town Hal, Town of . Wappinger, 20 Road, ush Middleb 11 . I Road, Wappingers. Falls, Which New York ,, vvlh , q at � tim I P 411 parties in Inter- est nter- est 4nc(citizens shall have an opportqnitYto beheardastowhether the Town Board of the down ,of ppW.1 . . inger.�, shall adopt proposed Local Law entitled 41-ocal Law No. .of the Year 2007, Amendments to Mandatory., Private - ell Testing in. • the Town of Wappinger,," ,PLEASE TAKE FUR- THER NOTICE; that ,he rfd1injent purposea,, of the proposed Local I-aW is 19 amend .,Ar.ti-, clo XII in Chapter 234" of the Town of VVapr pipger Code entitled IlMandatoryW, el,lTest- in..g"Jo cover one and, two family properties that are rented,'and no unit is occupied pyth.e owner thereof, The ell testing.law is fur- ther amen re- quire that.landlords shallprovido69piesof w e - SO ,,pllt stresqlt totpn7:� Ints before entering into leases. PLEASE'' L E:A S E TAKFFORTHERNO- the�tb*wn TICE that Board has�-�deter- m Inpo thqtjhis� is n ,,a , Unlisted action, and; made, a Negative Pe- pleiration. of - $ignifi - cancepursppnttok- licle 8 of the FpvirQn-, r'ninannintinn.: Town Board Meeting Minutes October 9, 2007 Local Law No. of the Year 2007, Designating a Three -Way Full Stop Intersection at the Intersection of Granger Place and Scott Drive 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 asked if there were any comments from the public. Barry Kaufman, a resident of Scott Drive, commented that residents drive fast in that area and several fences and mailboxes have been hit. More importantly, he is concerned for the safety of the children. �— Tina Settembrino, another resident of Scott Drive, asked if there were any traffic studies done for this issue. Graham Foster, Highway Superintendent, and Jay Paggi, Town Engineer, replied that there were none done. Ms. Settembrino asked how it was determined that a stop sign should be placed there. Supervisor Ruggiero explained that Mr. Kaufman sent a letter to the Town requesting one. Mr. Paggi was sent to inspect the area. It was recommended that a sign be placed at this one intersection. The Town Board decided to expand it to a three-way stop intersection. Ms. Settembrino commented that one neighbor on a motorcycle is a specific problem. She asked if there were any traffic studies that will be done. Supervisor Ruggiero answered that there probably would not be any for that intersection. Linda Quicci, another resident of Scott Drive, stated that she agrees with the Stop Sign on Grainger, but does not agree with a three-way stop. She went on to list all Stop Signs in the area and where she believes Stop Signs should be. Supervisor Ruggiero asked for other comments. There were none. Councilman. Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. The Public Hearing was closed at 7:41 PM. w&P. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 2 Printed 10/19/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE LOCAL LAW TITLED "LOCAL LAW NO. _ OF THE YEAR 2007, DESIGNATING A THREE-WAY FULL STOP INTERSECTION AT THE INTERSECTION OF GRANGER PLACE AND SCOTT DRIVE". 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 13th, 2007, your deponent posted a copy of the attached Notice of Public Hearing on the Local Law Titled, "Local Law No. of the Year 2007, Designating a Three -Way Full Stop Intersection at the Intersection of Granger Place and Scott Drive", 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. q �_ NJJL�_� - Phn C. M sterson ..r Town Clerk Town of Wappinger Sworn to before me the 13th day of September, 2007 i. _ o 'AC� &�o NOTARY PUBLIC DENISE MACIO 01 MA6168116 Notary Public State of New York Qualified in Dutchess County Commission Expires 6 / 4 / 20 // PAAURH NOTARY PUBLIC, NO. C; QUALIFIED IN D'I_, I t AFFIDAVIT OF PUBLICATION IYlwr State of New York County of Dutchess City of Poughkeepsie SEP 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 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 for one insertweeks successively, in each week, commencing on the 19th 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 2_007 ,both days inclusive. Subscribed an s `orn to before me this r ° in the year of 2007 77 No ary Public naly commission expires SOUTHERN D=HFSS NEW-., BEACON FREE PRES-'.-, 84 EAST MAIH 41 PP I H PS F ALL b , NY I ? 59C) Toi WAPPTNAERS FAILS, Tnwi,� P.D. BOY 52,1 WAPPTNGERS FAI [ S, Nf 125% R&: Legs] nation Sraze of NEW )ORK I SS.. Count> of DUTCHESS ) I, PHYLLIS JUTT, being dul? sworn, depose anci sa,: that I am the PUBLISHER of Southarn Dutchass Naws, a weakl� newspaper of general odvcup ation published in WAPPINGERS FOLLS,, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was dull puhlishad in SaHtharn Dutchass News once on 09/19/0-, Sworn to before me this 19th day of September, 2007 ALBERT M 05TEk1 Notary Public, State of NNW YDRI,,*, No, 34-8240760 Qualified in PHTCHESS Count'v MY commission expires on May 16, 2011 rMMI Town Board Meeting Minutes October 9, 2007 III. Public Portion Supervisor Ruggiero opened the floor to public comment on the agenda items at 7:41 PM. Nancy Cito, a resident of Peel Lane, read a prepared statement in support of the Carnwath Roof Replacement Project. Ron Lafko, a resident of Helen Drive, mentioned that the Town Budget presentation was on the agenda. He asked when the Town Clerk received the Town Budget. Supervisor Ruggiero replied that the Town Clerk received the Town Budget on September 30"' Jim Purdy, President of Wappinger United Soccer Club, asked that the Town Board give the soccer field project consideration. The program has been asking for help for a long time. He reminded the Board of the program's commitment of $140,000 and hoped that would show that they are serious about their commitment to the program. He asked the Town to make their commitment to the youth and support the Soccer Club in the program. IV. Discussion A. Budget Presentation Supervisor opened the discussion at 7:50 PM. Using a PowerPoint presentation, the Supervisor proceeded to go over the Budget that he has prepared, has filed with the Town and now submits to the Town Board. At the conclusion of the presentation, the Supervisor asked for questions and comments. Councilman Bettina asked a question about a revenue stream for Carnwath. Supervisor Ruggiero answered that the only revenue stream for Carnwath would be under the "rental income" and is $500 per month for the Sports Museum. Councilman Paoloni asked a question about the debt service. Supervisor Ruggiero asked the Councilman to refer to the "Serial Bonds - Principal and Interest". Councilman Bettina asked what the Town has in the fund balance. Supervisor Ruggiero replied that there was $558,900 in the "A" Fund as of January 1st, 2007, and $800,502 in the "B" Fund. Councilman Beale asked if there is a tax levy increase. Supervisor Ruggiero answered that the overall tax levy increase for all three funds is about 1.76%. The "A" Fund is up about ..r 3.9% and "B" and "DB" fund is no increase at this time. Councilman Beale asked if the Supervisor stated that there was a spending increase. Supervisor Ruggiero replied that the Town saw a reduction in some bonding costs. When the Town went from short term BAN's to long term, there is a reduction in bonding in the Highway Fund. There were also some one-time expenses that the Town had last year that the Town does not have this year. There is also a 3% increase in employees' salaries across the board. Discussion about excessive past fund balances followed. Councilman Beale noted that the recommended percentage is between 6-8%. Supervisor Ruggiero answered that the Town has 15%. Councilman Paoloni mentioned that he has been receiving many calls about the increase in school taxes. Supervisor Ruggiero discussed the school tax levy. Councilman Paoloni went on to explain how East Fishkill was lowering assessments, throwing off the equalization and undermining the intention of the "re-val". Supervisor Ruggiero pointed out that the roll that the Board is accepting at this Meeting is not a roll. It is a base rate proportion exclusively for the Town of Wappinger budget only. The assessment rolls are locked in. With no other comments or questions, the Supervisor closed the discussion at 8:18 PM. B. Carnwath Mansion Roof and Fascia Replacement - Don Swartz — AND — C. Carnwath Master Plan Supervisor Ruggiero opened the discussion at 8:18 PM. A memo has been submitted to the Board from the Town Architect, Don Swartz, regarding the last discussion on the Carnwath roof reconstruction project. Mr. Swartz summarized the memo. As the work progressed up through the building, they were making permanent repairs where temporary repairs had been made. These repairs were only the items deemed emergent and in danger of collapse or failure. When they reached the roof, the ceiling was removed revealing the roof structure. Pat Conlon and George Kolb, Director of Code Enforcement, detennined that there is no load path for the roof. This information was presented to the Board and it was agreed that there would be temporary shoring put in to stabilize the roof for its current dead load capacity, but not addressing live load. This was to be done with the understanding that the roof project would be going out later in the year. That roofing project was begun 2-3 years ago, before the State got involved in the process. Mr. Swartz was ready to send the roof out to bid when the Emergency Meeting took place. Supervisor Ruggiero asked if there were any questions. Town of Wappinger Page 3 Printed 10/19/2007 Town Board Meeting Minutes October 9, 2007 Councilman Bettina noted that he thought the asbestos and lead abatement had been done. He now sees that there is a component for this project for asbestos. Mr. Swartz explained that there is an asbestos layer under the existing roof He differentiated that from the work that was done during the emergency work. Councilwoman McCarthy asked when the bids would expire. Mr. Swartz replied that they would expire Friday. Councilwoman followed up by asking what was in place to protect the emergency work in the Mansion if it had to be sent out to bid again. Mr. Swartz answered that he would be prepared to go out to bid again by next week. The cycle would be 3-4 weeks. Including presentation to the Board, it would be another two month window. That would put the work in the middle of December. He thinks that the bid total would not be as low as the bid total now. Councilwoman McCarthy asked when the work would start if the work was approved tonight. Mr. Swartz replied that they should be prepared to start within the week. Councilman Paoloni expressed that his concern is with the upper spending limit. The reason that he voted "no" is that he has never seen an upper limit. He asked what has been spent year-to-date on the restoration. Supervisor Ruggiero asked Jay Paggi, Town Engineer, if he had exact numbers. Mr. Paggi stated that the Mansion year-to-date total since the Emergency Meeting is $424,504 and the Carriage House total for the same period is $451,851. Councilman Paoloni asked how current the total was. Mr. Paggi replied that it was as of June 25`h, 2007. Councilman Beale asked if this included soft costs. Mr. Paggi answered that it included all soft and hard costs. Councilwoman McCarthy added that anything else to be spent on the building requires approval by the Board. Supervisor Ruggiero commented that the only thing that's been spent since those numbers are soft costs that Mr. Swartz has been working on with designing the roof and any design work that he would continue to be authorized to prepare for the Carriage House. Mr. Paggi clarified that his numbers were just emergency. Councilwoman McCarthy noted that any other reconstructive work to any building requires Board approval. Supervisor Ruggiero added that, as soon as the emergency stopped, the capital expenditures stopped. Councilman Paoloni asked how much has been spent in engineering and architectural fees year-to-date. Mr. Paggi replied that the soft costs that he listed were associated with the emergency only. Supervisor Ruggiero added that the Town has probably spent an additional $45,000 in architectural fees for the rest of the year. Councilman Paoloni asked if these are paid out of the HG Fund. The interest is paid out of the "A" Fund and the revenue is recognized in the "A" Fund. Supervisor Ruggiero explained that the capital fund only holds the monies from the bond. The debt liability is held by the "A" Fund when the time comes. Councilman Paoloni was reading from the Comptroller's report. He added the numbers from the report and came up mo with over $989,877 year-to-date, of which 46% is engineering and architectural fees. 54% is for construction. Supervisor Ruggiero replied that he does not believe that information is correct. He pointed out that there were other things in the HG account that were there before. That capital account pre-existed the emergency work. Councilman Paoloni mentioned that the Emergency Work was January 27`h, and the first entry he sees is March 6`h. Discussion about the costs followed. Mr. Swartz noted that the disparity in the cost ratio is due to the fact that they haven't built anything yet. There are drawings prepared for a number of projects. The engineering fee is here, but as the construction is implemented, the ratio will swing in the other direction. Councilman Beale asked if the Board had a total amount that has been spent on this project since day one. He feels that, before they can make an informed decision, they need that number. Councilman Paoloni noted that the report has $1.294870 Million. Supervisor Ruggiero replied that that is the total then. Councilman Beale mentioned that he had previously asked for a Workshop meeting to discuss the project. Supervisor Ruggiero replied that they were discussing it now. Councilman Bettina noted that the overall cost of the project in 2004 was $24 Million. Supervisor Ruggiero commented that the $24 Million is not all restoration work. That is site development and other things. Councilman Bettina went on to say that the Board should step back in think about what they are fixing. After they decide what they want to preserve and build, he still doesn't know where the income stream to carry it is. Supervisor Ruggiero replied that one of the obstacles is the look of the facilities. A caterer was planning on coming in with $150,000 of their own money to take over the Chapel, restore it and conduct weddings. The Town would receive a percentage of the proceeds. If the facility stays the way it is, it will not be Maio marketable and there will be no revenue stream. He went on to discuss the Carnwath Master Plan and the various phases of the Plan. He then recapped the chronological events surrounding this project and cited various sections of the Minutes of Meetings. Councilman Beale asked where the Minutes for the Emergency Meeting are. Councilman Beale and Councilman Paoloni disagreed with the Supervisor about the purpose of the Emergency Meeting. Councilman Beale noted that the meeting was called because there was an imminent hazard. It was not designed to change the scope of the project and make it the reconstruction of Carnwath Farms for $4,000,000. Councilman Paoloni commented that the title of the Meeting was "Emergency Meeting". Supervisor Ruggiero read from the Minutes of January 27`h, 2007. Councilman Beale To of Wappinger Page 4 Printed 1011912007 Town Board Meeting Minutes October 9, 2007 commented that it is not fair to quote him from Minutes that haven't been approved or given to the Board. Supervisor Ruggiero replied that Minutes don't have to be approved. He offered to play the tapes if Councilman Beale would like. He continued to read sections of the Minutes. Councilwoman McCarthy then read from the Minutes of March 26t", 2007. She noted that there was a vote to authorize the design team to move forward towards the redevelopment of the roof by reconstruction as opposed to repair. She mentioned that the vote was seconded by Councilwoman McCarthy and passed unanimously. Councilman Bettina pointed out that he was not at that meeting. Councilman Beale asked if it was correct that the motion was to prepare plans. He claimed that it was not to go ahead with the project. Councilwoman McCarthy replied that it was to go ahead with the project. She went on to say that it would be a waste of the people's money to spend hundreds of thousands of Dollars on repairing that structure and let it mum get wet and rot all over again. Discussion followed. Councilman Paoloni asked where the revenue streams are that would justify continuing with this discussion. Councilman Bettina asked Mr. Swartz what it would cost to take the Mansion and bring it back to the point that the Town could use the whole building. Mr. Swartz replied that it depended on what the Town wanted to make of it. If the Town wanted to turn it into office space, it could cost, exclusive of whatever upgrade would need to be done, between two and three million Dollars. Councilman Beale asked how the Board could entertain this project when there are no answers to total cost. He also asked how the Town could spend millions of Dollars on this project when residents can't even afford to pay their taxes to continue to have her home. Supervisor Ruggiero replied that these are decisions that he will have to make as a Council member. He commented that Councilman Beale stated, during the Emergency Town Board Meeting, that the roof was something that had to be done if they were going to reconstruct. He went on to read from the Minutes of that Meeting. Councilman Beale pointed out that, as a former fire Chief, he has responded the property many times. The last thing he wants is to have to respond there because the building fell on top of someone. He told Councilwoman McCarthy not to imply that he is irresponsible, because he is the person that brought up the danger while the Sports Museum remained open. He asked where the spending will end if this $950,000 goes into the roof. Supervisor Ruggiero replied that the staff has answered that question time and time again. He explained that this will get the building into a position where it is weather -tight and can sit while others come in to invest in it. The work doesn't have to be Town Dollars. The Town is at a point where if they do not invest in �— it, it will be lost forever. Alex Reese has donated $30,000 to renovate the first floor parlor. The Supervisor asked if that money should be refunded. Councilwoman McCarthy noted that not putting a roof on the building does not make the building any more stabile. She went on to say that a snow load on that building could put the Board in the same situation that it was in this past January. Councilman Beale replied that if the building is not safe, the park should be closed. Mr. Swartz clarified that the roof, without further study, is not capable of handling a co -compliant snow load. Mr. Kolb added that it was always the thought process that the roof was shored up temporarily so that the project could go out to bid. Councilman Bettina commented that he wants this project to go out to referendum. He wants to let the taxpayers say if they want to move forward to spend the money to fix the whole thing. Councilman Paoloni commented that the money that has been spent should not be the justification of spending future money. He asked if it would be possible to temporarily protect the work that has been done until there is a serious revenue package that would show how this could be paid for. Mr. Swartz replied that the temporary roof is gone now and it is leaking. The Mansion needs a new temporary roof to keep the water out. Mr. Conlon added that replacing the membrane will not change anything relative to the underlying structure. It may be weatherized but he could not say that it could carry any load. Discussion followed. Supervisor Ruggiero made the comment that the decision now is whether the Board wants the Mansion to stay or it doesn't. If the Board does not want to spend the Million Dollars on this building, it needs to be known now so that the building can be abandoned. Councilman r.. Paoloni replied that this is about committing to the $8.3 Million that is in the Master Plan. Councilman Bettina noted that the $8.3 Million is a 2004 figure. Supervisor Ruggiero agreed but added that this expenditure is urgent because it ensures the integrity of the building. It gives the chance for others to restore and make use of the building down the road. Without the Million Dollars, the Mansion dies. Councilman Beale pointed out that nobody on the Board wants to see the Mansion taken down. He asked that the Board keep the big picture in mind before committing any more money to the project. He doesn't feel that it is responsible to commit up to $10 Million on a project when they don't know what it's going to be used for. Supervisor Ruggiero explained that the Carnwath Master Plan is a general guide that future Boards will use to carry on with the project. If you look through the phases, you'll see that the Town has been moving along on task. Town of Wappinger Page 5 Printed 10/19/2007 Town Board Meeting Minutes October 9, 2007 Councilman Beale asked how the Board can explain to the residents how they could vote to spend multiple millions of Dollars on something that they don't even know the use for. Councilman Bettina recommended having a referendum. Councilman Paoloni mentioned that he thought the Board already voted on that. Councilwoman McCarthy commented that the Board has a decision to make on this current bid which has a limited life. If they have to go out to bid again, it will not be any cheaper. Councilman Paoloni asked what the interest payment on the money spent is. Supervisor Ruggiero replied that in 2008, the Town would pay $21,000. The full $4,000,000 wasn't pulled down. Councilman Paoloni calculated that to be a rate of less that one percent. Supervisor Ruggiero clarified that for this one bond, it would be $21,000 in 2008. Discussion followed. With no other comments or questions, Supervisor Ruggiero closed the discussion at 9:21 PM. D. Recreation Capital Plan Supervisor Ruggiero opened the discussion at 9:21 PM. The Board has been given a memo from Recreation regarding that department's capital items. There was discussion at the last Town Board Meeting, during which it was asked that the items be prioritized. The Supervisor explained the contents of the memo and the Recreation Capital Plan. Bruce Lustig and Gary Trudell were present representing Recreation. Councilman Paoloni had a comment regarding the soccer fields. He noted that one of the first motions he ever made was for the lights at Robinson Lane. He doesn't have a problem with soccer fields, but has an issue with the process that the Town is following in pursuing these fields. He has mentioned that the Town should first look at the current field utilization before it seeks out to rebuild the fields on the swamp. He is also not sure that the surface has to be AstroTurf. He provided several options that could be considered. It doesn't make sense to him to invest in something without studying the current utilization. Jim Purdy, President of the Wappinger United Soccer Club, commented on Councilman Paoloni's points. He first claimed that the fields are in use seven days a week. He then stated that he has been going to these Meetings for years and has had members of all of those Boards out to the fields. They have looked at all the fields in the Town and neighboring towns. They have met with the school district as well. He claims that it will be a long time before the Wappingers School District does any improvements to their fields. Cannel has a soccer field that was approved for the High School. That field is rented out to generate income for the school district. Mahopac/Somers does the same thing. Arlington approved two turf fields that will generate income from the LaGrange Soccer Club. Wappinger Soccer hopes to do the opposite. They hope to rent the fields out to the schools and generate income for the Town. The Mahopac School District has a 13 year agreement with Pepsi in order to fund their project. It was impossible for WCSD to get that kind of agreement. He then discussed the reasoning for asking for FieldTurf. If you go up to the fields now you won't see flooding, but the fields are worn out. If you have FieldTurf, you will get 15-16 years of usage before having to replace the surface. Those types of field are multi -use. They can be used for Soccer, football, lacrosse, field hockey, etc. The soccer club has no objections to that. You can also play on these fields during inclement weather. He asked what the Town Board has done for the soccer program over the past 20 years. He answered his own question noting that the Town has done very little for the soccer program. The program has gotten a $4000 allocation per year for the first fifteen years and $6000 per year since. That barely pays for two goals. Mr. Purdy mentioned the studies that Councilman Paoloni is asking for. The reality, as Mr. Purdy put it, is that the kids want to play soccer. Every time it rains heavy, the kids can't play. If the fields are raised by a foot, the kids could play. Councilman Bettina asked for clarification that the fields could be used for a lot of different sports. Mr. Purdy replied that the other programs could use the fields, but the soccer program would like right of first refusal. Councilman Paoloni noted that there has been discussion of football and soccer fields at Robinson Lane. He wouldn't think that fields out at that site would need to be raised as they would at Airport Drive. Mr. Purdy asked why Councilman Paoloni would want to delay the project for another three years. Councilman Paoloni replied that raising a field is very costly. Mr. Purdy added that the cost to raise the fields is part of the $1.6 Million cost. The cost was $1.4 and is now $1.6 because the Board has delayed. His went on to say that the soccer program is the biggest sports activity in the Town and has the most kids, and there has been nearly zero investment in it for the last twenty years. He would like to stop talking about it and get the project done. Councilman Bettina noted that the project looks more appealing now that he knows it can benefit other programs. Mr. Purdy asked that the Board not drag feet and get it done. Councilman Beale notified Mr. Purdy that there isn't anyone on the Board that is against the project. Mr. Purdy asked for a vote. Councilman Beale informed Mr. Purdy that there is no vote Torn of Wappinger Page 6 Printed 10119/2007 Town Board Meeting Minutes October 9, 2007 on the agenda. He noted that the Board needs a solid financial plan. He is referring to the 27% of soccer participants that come from outside the Town of Wappinger. Someone in support of the soccer program commented from the rear of the room that it is pathetic the way the Board performs and that they should be ashamed. Councilman Beale infonned the person that the Board has a responsibility to all of the residents of the Town. The person asked how much has been given to the Little League program over the years. He claimed that the figure is in the millions. He went on to say that the children playing soccer are the ones that need it and asked the Board to [get it done]. Councilman Beale replied that the Board is trying to do the responsible thing and not trying to impede the process. Mr. Purdy noted that there are 1200 players in the program of which 900 are from Wappinger. He asked that the Board approve the project for those 900 kids. If the Town can spend a million Dollars towards the lights at Robinson Lane, it can spend this money for the soccer program. He asked that the Board not base their decision on the money coming from the other towns. Another resident in the audience pointed out that she was told there was a commitment from Fishkill for this project in the amount of $300,000. Supervisor Ruggiero replied that there is no formal offer of any money. The Supervisor of Fishkill has expressed an interest, but the Fishkill Town Board has not authorized an offer. Supervisor Ruggiero is going to meet with Supervisor Pagones on this topic. Mr. Purdy will reach out to the parents of the Fishkill players to contact the Fishkill Board members. Supervisor Ruggiero asked if there were any other comments on the Recreation Capital Plan. Councilman Bettina asked for information about the pool at Carnwath. Bruce Lustig answered that the pool is in much better shape than expected. It is not a town pool. There are no stairs or shower areas and it is all deep. The depth ranges from 8 feet to 12 feet. It would need to be supplemented by adding on a separate area with gradual depth increases. It could be used for a summer program for 15-20 swimmers, but is not a functioning town pool. Jay Paggi, Town Engineer, added that he is pleased with the structural condition of the pool. Councilman Bettina then asked about the groundskeeper's apartment at Carnwath. Supervisor Ruggiero replied that the Town is looking to convert the second floor of the Administration Building into an apartment for a caretaker. In the past, the Town has had caretakers on town parks. There is currently a maintenance worker that is ready to move in. Councilman Bettina also asked about a Teen Center at Carnwath. Supervisor Ruggiero answered that the Town has targeted the bottom floor of the Chapel to be a community center, whether for seniors or teens. His goal was to relocate all of Recreation onto the Carnwath .� property. With no other comments or questions, the discussion was closed at 9:47 PM. E. Recycle Center - Special Use Permits Supervisor Ruggiero opened the discussion at 9:47 PM. Councilwoman McCarthy reminded the Board that a resident named Jeff Mowry had previously asked the Town for a Special Use Permit to be allowed to use a dump truck to dump leaves at the Recycle Center. The resident has now contacted the Town again as it is autumn and the leaves are falling. Councilwoman McCarthy believes it would behoove the Town to establish a Special Use Permit. Supervisor Ruggiero commented that trucks are allowed to use the site already. Graham Foster, Highway Superintendent, replied that the Town has been letting residents dump leaves at the site for ten years. He went on to say that, as long as the resident can show that he or she is a resident, they won't be turned away. Councilwoman McCarthy proceeded to read from the June 11"', 2007 Minutes. After reading the Minutes aloud, the Councilwoman asked the Board if it is interested in issuing Special Use Permits for residents like Mr. Mowry. Councilman Bettina recommended installing a scale at the site and charging according to weight. Mr. Foster replied that that would be a tremendous expenditure. He recently turned a Village resident away when he showed up with a truck load full of 60 windows. He asked where Mr. Mowry lived. Councilwoman McCarthy was unsure. Mr. Foster noted that the resident is talking about an awful lot of leaves. Residents constantly show up to the site to dump leaves. If they have a sticker or Driver's License that shows a Town address, they are allowed to dump. He went on to say that he does not want commercial landscape companies showing up with numerous r... truckloads. Councilman Bettina asked Mr. Foster, if a person pulls in with a commercial truck and shows a Driver's License with a Town address, will he be permitted to dump. Mr. Foster replied that they would. He cited examples for which people would be turned away. For clarification, Councilman Bettina asked if a resident pulled up in a company truck and proved residency, he would be allowed to dump. Mr. Foster confirmed and went on to say that some people even bring their employers truck. Councilwoman McCarthy asked if she was hearing is that there will be no Special Use Permit. If the person shows up in a commercial dump truck and can prove residency, they can dump. Mr. Foster replied that the resident would be permitted to dump after being checked at Town oT 14 appinger Page 7 Printed 10/19/2007 Town Board Meeting Minutes October 9, 2007 the gate for residency. There is a Town employee at the gate that first checks for the Recycle Center sticker. If they don't have the sticker, but have a Wappinger Driver's License, they are permitted to dump and asked to get a sticker from the Town Clerk. Councilman Beale asked if there were rules for the Recycle Center. Supervisor Ruggiero claimed that there were. At the June Meeting, the Councilman asked for rules to be posted at the gate. Mr. Foster replied that the residents should know that the site is not intended for commercial use by now. He doesn't believe there are many abuses at the site right now. There is high volume, but not much abuse. Councilman Beale asked how he could get a copy of the rules. Supervisor Ruggiero replied that there is a generalized list at the Clerk's Office of what a resident can and can't dump. The discussion was closed at 9:56 PM. V. Resolutions RESOLUTION: 2007-207 Resolution Authorizing Re -Levy of Water/Sewer Charges WHEREAS, the last day for payments to be made at Town Hall for unpaid water/sewer accounts is November 16th, 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. Debbie Brown, Water/Sewer Billing Clerk to the Town of Wappinger is hereby authorized to forward all unpaid water/sewer accounts to the Dutchess County Department of Real Property Tax on November 21St, 2007, to be re -levied upon the 2008 County Land Tax bills. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-207 No/Nay Abstain Absent D Adopted Joseph Ruggiero Voter 0 ❑ ❑ ElYes/Aye ❑ Adopted as Amended WilliaBeale m Voter 2 ❑ ❑ El Defeated Vincent Bettina Seconder Z ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ El_ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-208 Resolution Adopting Local Law No. 14 of the Year 2007, Designating a Three -Way Full Stop Intersection At the Intersection of Granger Place and Scott Drive 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, Designating a Three -Way Full Stop Intersection at the Intersection of Granger Place and Scott Drive" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, a Public Hearing was held on October 9"', 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 deten-pined that the proposed Local Law was not subject to environmental review; 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, 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 adopts the Local Law entitled "Local Law No. 14 of the Year 2007, Designating a Three -Way Full Stop Intersection at the Tonin of Wappinger Page 8 Printed 10/19/2007 Town Board Meeting Minutes October 9, 2007 Intersection of Granger Place and Scott Drive", a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into 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. 4. Highway Superintendent, Graham Foster, is hereby further directed to place stop signs at the appropriate locations in accordance with this Local Law and to take any other necessary actions to implement the above mentioned three-way full stop intersection as required in accordance with the spirit and intent of this Local Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-208 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter 10 ❑ ❑ ❑ ❑ Defeated William Beale Voter R1 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 10 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator Rl ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09t1i, 2007 The Resolution is hereby duly declared adopted. Toren of Wappinger Page 9 Printed /0/19/2007 LOCAL LAW NO.14 OF THE YEAR 2007 A Local Law entitled "Local Law No. 14 of the Year 2007, Designating a Three -Way Full Stop Intersection at the Intersection of Granger Place and Scott Drive." 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. 14 of the Year 2007, Designating a Three -Way Full Stop Intersection at the Intersection of Granger Place and Scott Drive", which shall amend the present Vehicles and Traffic Code, as set forth below. Section II: Legislative Intent: The Town Board has received a request from a resident to establish a three-way full stop intersection at the southerly intersection of Granger Place with Scott Drive. The Town Board, after examination of the facts and circumstances, has determined that it is in the best interest of the citizens of the Town of Wappinger to revise the Town's Vehicles and Traffic Code §230-43 "Schedule IX: Stop Intersections" to designate the intersection of Granger Place at its southbound intersection with Scott Drive as a three-way full stop intersection. Section III: Stop Intersection: The Town of Wappinger Code §230-43 is hereby amended by alphabetically inserting into Schedule IX the following designated full stop intersections: Direction "Stop Sign on of Travel At Intersection of Granger Place South Scott Drive Scott Drive East Granger Place Scott Drive West Granger Place." 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 rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. 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, W" 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 take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Town Board Meeting Minutes October 9, 2007 RESOLUTION: 2007-209 Resolution Adopting Local Law No. 15 of the Year 2007, Amendments to Mandatory Private Well Testing In the Town of Wappinger WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2007, Amendments to Mandatory Private Well Testing in the Town of Wappinger; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of the Town of Wappinger; and WHEREAS, the Public Hearing was held on October 9th, 2007, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board made a Negative Declaration of Significance pursuant to SEQRA and the Town's Environmental Quality Review Law and has filed a Short Form EAF; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 15 of the Year 2007 entitled "Local Law No. 15 of the Year 2007, Amendments to Mandatory Private Well Testing in the Town of Wappinger", a copy of which is attached hereto and made part of this Resolution. 3. 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. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-209 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ 11❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 10 Printed 1011912007 LOCAL LAVA' NO.15 OF THE YEAR 2007 A Local Law entitled "Local Law No. 15 of the Year 2007, entitled "Amendments to Mandatory Private Well Testing in the Town of Wappinger." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section -I: Title. %l.. This Local Law shall be known and cited as Town of Wappinger "Local Law No. 15 of the Year 2007, entitled "Amendments to Mandatory Private Well Testing in the Town of Wappinger." The adoption hereof shall modify certain provision of Article XII in Chapter 234 in the Town of Wappinger Code. Section -II: Legislative Intent. The Town Board of the Town of Wappinger enacts this Local Law to amend the Mandatory Private Well Testing provisions of the Town Code to cover Residential Rental Property, defined as one and two family residential properties not occupied by the owner; and to require landlords to provide tenants with copies of water test results before entering into leases; for the protection of and for the health, safety and welfare of the residents of the Town of Wappinger. Section -III: Chapter 234: Article XII - Mandatory Private Well Testing. The Town hereby repeals the existing Article XII of Chapter 234, as created by Local Law 8 of 2007 and adopts a new Article XII in Chapter 234 to the Code of the Town of Wappinger to read as follows: "CHAPTER 234 — Article XII MANDATORY PRIVATE WELL TESTING § 234-64. Title. This Article shall be known as "Mandatory Private Well Testing". § 234-65. Legislative Background and Statement of Purpose. 1. This Article is enacted pursuant to the powers vested in the Town of Wappinger by Municipal Home Rule Law §10, Town Law §130(5) and Public Health Law §§302, 308 and 347(1)(c). 2. The Town Board of the Town of Wappinger enacts this Local Law for purposes of requiring mandatory private well testing for all properties in the Town of Wappinger that rely on a private water supply which is utilized for purposes of human consumption. It is also the purpose of this law to establish minimum water quality standards for private water sources servicing residential and non- residential properties, and to mandate water testing standards to assure purchasers and tenants of residential and non residential properties serviced by private wells that the water supplied to these properties will be potable and free from harmful contaminants. These water quality standards will also apply to multi -family residential properties and commercial properties not otherwise subject to regulation and testing pursuant to Part 5 of the New York State Sanitary Code. The water test results shall be filed with the Town of Wappinger Building Department and the Dutchess County Health Department and will also serve as a data base for identifying potential problem areas of contamination within the Town. § 234-66. Definitions. The following words and terms when used in this Article shall have the following meanings unless the context clearly indicates otherwise: 1. General Definitions: A. Community Water System -- A public water system which serves at least five (5) service connections used by year round residents or regularly serves at least twenty (25) year round residents, as defined in §5-1.1 of the New York State Sanitary Code. B. Multi -Family Residential Rental Property -- Residential property containing three (3) or more rental units. C. Non -Community Water System -- A public water system that is not a community water system, as defined in §5-1.1 of the New York State Sanitary Code. D. Non -Residential Property -- Any structure which is wholly or partially used or intended to be used and occupied for commercial purposes, including, but not limited to, office buildings, stores, markets, shops and malls engaged in retail sales, marinas, restaurants, clubs, gas stations, or 2 car dealerships, etc. which establishments have a water system intended for human consumption. E. Non -Transient Non -Community Water System -- A public water system that is not a community water system but is a subset of a non -community water system that regularly serves at least twenty-five (25) of the same people, four (4) hours or more per day, for four (4) or more days per week, for twenty-six (26) or more weeks per year, as defined in §5-1.1 of the New York State Sanitary Code. MMOM F. Party -- Shall mean either the Seller or Purchaser of real property according to a contract of sale. Party shall include both male and female and be considered single or plural depending on its context. Party shall also include legal entities and organizations. G. Potable Water -- Water suitable for drinking and fit for human consumption in accordance with standards established by the Dutchess County Department of Health and the New York State Department of Health. H. Private Water Supply -- Any water supply utilized for the purposes of human consumption not identified as a public water supply by Article 5 of this Code or by Part 5 of the New York State Sanitary Code. I. Public Water System -- A community or non -community or non -transient non -community water system which provides water to the public for human consumption through pipes or other constructed conveyances if such system has at least five (5) service connections or regularly serves an average of least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such term includes: (i) collection, treatment, storage and distribution facilities under control of the supplier of water of such system and used with such system; and (ii) collection or pre-treatment storage facilities not under such control which are used with such system. J. Purchaser -- Purchaser and Buyer shall have the same meaning and shall mean a Purchaser or Buyer of real estate pursuant to a written contract. K. Residential Property -- Any owner occupied one or two family dwelling unit(s). L. Residential Rental Property -- Any residential structure or dwelling consisting of two or less dwelling units, which is not occupied by the owner(s) as a principal residence, for which rent or consideration is periodically paid to the owner for the use or occupation of all or part thereof. 3 M. Tenant -- Any person or entity who leases property for either residential or commercial purposes. N. Wappinger Well Testing Protocol -- Standards, procedures, test parameters and maximum contaminant levels for all well water used for human consumption in the Town of Wappinger. O. Well -- Privately owned well used to supply potable drinking water to residential premises or non-residential establishments; it does not include wells that supply water pursuant to §5-1.1 of New York State Sanitary Code as a Community Water System or a Non -Community Water System. now P. This Law hereby adopts the definitions contained in the New York State Sanitary Code Part 5 and contained in the Town of Wappinger Code as the same may be amended hereafter from time to time. § 234-67. Well Testing. 1. Residential Properties A ;",.Well Testing in accordance with the terms of this article is hereby required for all Residential Properties that are provided with water from a private water supply, not otherwise exempted under this Local Law. Such well testing must occur prior to a sale or exchange of the property after the effective date of this local law. The Purchaser shall be responsible for the cost of such testing. B. The certified test results shall be filed with the Town of Wappinger Building Department and a copy shall be sent to the parties and an additional copy shall be forwarded to the Dutchess County Health Department. Certified test results for the property shall be valid for thirty-six (36) months and may be used for subsequent sale/purchases or exchanges within said thirty-six (36) month period. 2. Residential Rental Properties, Multi -Family Residential Rental Properties and Non -Residential Properties: A. Well Testing in accordance with the terms of this article is hereby required for all Residential Rental Properties, Multi -Family Residential Rental Property and Non -Residential Properties that are provided with water from a private water supply, not otherwise exempted under this Local Law. The landlord or owner shall be required to test their private wells and file the certified test results with the Town of Wappinger Building Department within twelve (12) months of the effective date of this Local Law, or prior to any sale or exchange of the property after the effective date of this local law, if not previously filed. E B. The owner or landlord shall be required to forward a copy of the certified test results to the Dutchess County Health Department and to the Purchaser, Tenants or occupants of the property, if any. Together with the certified results filed with the Town of Wappinger Building Department, the owner or landlord shall file a list of all then existing Purchasers, Tenants, other occupants, if any, of the subject property and proof that each such person or entity was provided with a copy of the certified test results. C. Certified test results filed with the Building Department shall be valid for a period of three (3) years from the date of filing. At the end of the three (3) year period, a new well test shall be required. D. Prior to entering into any lease for Residential Rental Properties, Multi - Family Residential Rental Properties or Non -Residential Properties, a landlord shall provide the tenant with a copy of the current certified test results on file with the Town of Wappinger Building Department.; landlord's failure to do so shall not be grounds to void the lease but shall subject the landlord to any and all penalties imposed pursuant to this Article. § 234-68. Required Tests. 1. Each water sample shall be analyzed in accordance with the Wappinger Well Testing Protocol (the Protocol) made a part of this Local Law, copies of which shall be kept on file with the Town Clerk. The Town Board reserves the right to amend the Wappinger Well Testing Protocol by Resolution. 2. Analytic testing and collection with proper chain of custody shall be performed by a New York State certified laboratory and shall conform to the rules and regulations of the New York State Department of Health. 3. The required test parameters will have the same maximum contaminant levels as set forth in Part 5 of the New York State Sanitary Code for public water supplies. 4. Copies of the test results shall be sent to the parties, tenants or occupants and shall be filed with the Town of Wappinger Building Department and a copy forwarded to the Dutchess County Department of Health. Tests results shall also be available for public inspection and reproduction in the same manner as other public documents. 5. In the event any remediation is undertaken and a new well test is completed, the results thereof shall be filed with the Town of Wappinger Building Department. § 234-69. Exemption. 1. Any property which is serviced by a community and/or non -community water system as defined herein and in §5-1.1 of the New York State Sanitary Code 9 which is already regulated and subject to testing shall be exempt from the requirements of this Article. 2. Except as required above, property owners shall not be required to undertake well testing in connection with a mortgage refinancing involving no sale or exchange of the property. 3. A Residential Rental Property that is leased pursuant to a written or oral lease with a term of less than one year and any unit in the property has been occupied by the owner as a principal residence within the past year, is exempt from periodic well testing and notification of tenants. All Residential Rental Properties .... serviced by water from a private water supply shall be required to file certified test results before the property may be sold or exchanged, notwithstanding the foregoing exemption. § 234-70. Enforcement. 1. The Town of Wappinger Director of Code Enforcement, Code Enforcement Officers, Zoning Administrator, Deputy Zoning Administrator and the Fire Inspector shall enforce the provisions of this Article. 2. The Town of Wappinger Building Department shall be prohibited from releasing the results of any Building Department or Certificate of Occupancy search, or report, or violation letter to Purchaser, Seller, title company or their agents, until the required certified test results have been filed with the Town Building Department. 3. Any property required by this Article to have well test results on file with the Town Building Department shall be ineligible for a Building Permit, Certificate of Occupancy/Certificate of Compliance, Site Plan review, subdivision review and/or ZBA variance review or interpretation until the required certified test results have been filed in accordance with the provisions of this Article. § 234-71. Penalties. 1. For each violation of a provision of this Article any person violating the same shall be guilty of a violation and shall be subject to a fine in the amount set forth in Chapter 122, Article V, §122-20 FF (3) of the Code. 2. In addition to the penalties prescribed for commission of a violation(s), any person or entity which violates, or causes a violation of any provisions of this Article, or disobeys a notice to cease violations of this Article, shall be subject to a civil penalty enforceable and collectible by the Town in the amount set forth in Chapter 122, Article V, §122-20 FF (4) of the Code for each day or portion of a day each such violation continues. 3. In addition to the above penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to I compel compliance with or to restrain by injunction the violation of this Article, and to recover the appropriate fines and penalties together with administrative fees and costs including attorney's fees and disbursements." Section -IV: Amending "Chapter 122, FEES AND FINES." § 122-20 FF "Chapter 234, Water" is hereby to read as follows: "3. § 234-71(1): $20.00 fine �.... 4. § 234-71(2): $250.00 civil penalty" Section -V: 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 rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section -VI: 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 7 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 -VII: Effective Date. This Local Law shall become effective October ls`, 2007 or upon filing with the ...N Secretary of State as provided by law, whichever is later. Town Board Meeting Minutes October 9, 2007 RESOLUTION: 2007-210 Resolution Naming the Roads in Cranberry Hills Subdivision WHEREAS, there are several private roads located in the Cranberry Hills Subdivision in the Town of Wappinger without names, and WHEREAS, it is important to name these roads in order to assist emergency personnel with location, and WHEREAS, the Town Board has decided to name the roads "Barberry Court, Berry Hill Court, Blackberry Lane, Blueberry Court, Boysenberry Lane, Chokeberry Lane, Cranberry Road, Gooseberry Lane, Hollyberry Lane, Huckleberry Court, Pearlberry Road, Raspberry Lane, Wildberry Court, and Wineberry Court" pending approval from Dutchess County 911, and WHEREAS, Jim Tompkins, Program Assistant for Dutchess County Emergency Response, has determined that there are no conflicts with the names `Barberry Court, Berry Hill Court, Blackberry Lane, Blueberry Court, Boysenberry Lane, Chokeberry Lane, Cranberry Road, Gooseberry Lane, Hollyberry Lane, Huckleberry Court, Pearlberry Road, Raspberry Lane, Wildberry Court, and Wineberry Court", and WHEREAS, the Town of Wappinger Fire Prevention Bureau finds no conflicts within the Town with the names `Barberry Court, Berry Hill Court, Blackberry Lane, Blueberry Court, Boysenberry Lane, Chokeberry Lane, Cranberry Road, Gooseberry Lane, Hollyberry Lane, Huckleberry Court, Pearlberry Road, Raspberry Lane, Wildberry Court, and Wineberry Court." NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes formally naming the private roads located in the Cranberry Hills Subdivision "Barberry Court, Berry Hill Court, Blackberry Lane, Blueberry Court, Boysenberry Lane, Chokeberry Lane, Cranberry Road, Gooseberry Lane, Hollyberry Lane, Huckleberry Court, Pearlberry Road, Raspberry Lane, Wildberry Court, and Wineberry Court". The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-210 Yes/Aye No/Nay Abstain Absent D Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ 21 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ D ❑ ❑ Dated: Wappingers Falls, New York October 09th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-211 Resolution Authorizing Return of Escrow for 4 Lindsey Court for Driveway WHEREAS, on or about January 22nd, 2004, Leigh Ann Gustin deposited One Thousand, Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the property located at 4 Lindsey Court for seeding and it had been transferred over for driveway on May 10°i, 2004, and WHEREAS, Leigh Ann Gustin has requested a refund in the amount of One Thousand, Five Hundred Dollars and 00/100 ($1,500.00), and has been approved by George Kolb, Director of Code Enforcement, in a letter dated October 3rd, 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 Leigh Ann Gustin for the refund of the unused escrow deposited for the property located at 4 Lindsey Court. Tovivi of Wappinger Page 11 Printed 10/19/2007 Town Board Meeting Minutes October 9, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-211 0 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter Z ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter R] ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator D ❑ ❑ ❑ Initiator Joseph Paoloni Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09t1i, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-212 Resolution Authorizing Return of Escrow for 34 Viola Court, Lot 12 Blackwatch, for Driveway WHEREAS, on or about May 24th, 2007, Britzenzie Corp. deposited Five Thousand Dollars and 00/100 ($5,000.00) with the Town of Wappinger for the property located at 34 Viola Court, also known as Lot 12 Blackwatch, for driveway, and WHEREAS, Britzenzie Corp. has requested a refund in the amount of Five Thousand Dollars and 00/100 ($5,000.00), and has been approved by Salvatore Morello III, Code Enforcement Officer, in a letter dated September 24t1i, 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 Five Thousand Dollars and 00/100 ($5,000.00) made payable to Britzenzie Corp. for the refund of the unused escrow deposited for the property located at 34 Viola Court, also known as Lot 12 Blackwatch. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-212 0 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09t1i, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-213 Resolution Authorizing Return of Escrow for Road Completion at Intersection of Theresa Boulevard and Cedar Hill Road WHEREAS, on or about November 9t1i, 2005, Jay Duhamel deposited One Thousand, Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the work at the intersection of Theresa Boulevard and Cedar Hill Road, and WHEREAS, Jay Duhamel has requested a refund in the amount of One Thousand, Five Hundred Dollars and 00/100 ($1,500.00), and has been approved by Graham Foster, Highway Superintendent, in a letter dated September 27t1i, 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 Jay Duhamel, JJD Enterprises, Inc., for the refund of the unused escrow deposited for the work to be done at the intersection of Theresa Boulevard and Cedar Hill Road. Town of Wappinger Page 12 Printed 10/19/2007 Town Board Meeting Minutes October 9, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-213 Yes/Aye Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Adopted Joseph Ruggiero Voter ❑ ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator ❑ ❑ Dated: Wappingers Falls, New York October 09t1i, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-214 Resolution Authorizing Recreation Fees Refund Due to Overpayment WHEREAS, Richard Barger paid the Town of Wappinger Thirty Thousand Dollars and 00/100 ($30,000.00) on June 15th, 2006, toward recreation fees for an approved but never filed seven (7) lot subdivision; and WHEREAS, Mr. Barger decided to reduce the lot count to three (3) lots instead of the original seven (7) lots; and WHEREAS, Final subdivision approval was given on September 5th, 2007, for the three (3) lot subdivision; and WHEREAS, Barbara Roberti, Planning Board Secretary, has written a letter on behalf of the Planning Board, attached hitherto, detailing that there was consensus among the Planning Board that Mr. Barger is indeed entitled to be reimbursed for the fees paid for the four (4) uncreated lots which totals Twenty Thousand Dollars and 00/100 ($20,000.00); and WHEREAS, Richard Barger has requested a refund in the amount of Twenty Thousand Dollars and 00/100 ($20,000.00) due to overpayment of recreation fees 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 Twenty Thousand Dollars and 00/100 ($20,000.00), 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 -2007-214 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 ❑ El ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09t1', 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-215 Resolution to Authorize Entry into Contract for Workers' Compensation Services WHEREAS, the Town of Wappinger is required by New York Law to provide Workers' Compensation Benefits to its employees; and WHEREAS, the Town Board has determined that it is in the best interest of the Town to enter into an agreement to limit the Town's exposure to Workers' Compensation claims by employees; and WHEREAS, the Town Board has determined that Public Employer Risk Management Association, Inc. (hereinafter PERMA) is a responsible workers' compensation group self- insurance program for local governments and public employers in the State of New York and is capable of providing suitable workers' compensation services for the Town; and WHEREAS, the Town has been presented with an agreement to become a member of PERMA, a copy of the agreement entitled "PUBLIC EMPLOYER RISK MANAGEMENT Town of Wappinger Page 13 Printed /0/19/2007 Town Board Meeting Minutes October 9, 2007 ASSOCIATION WORKERS' COMPENSATION PROGRAM AGREEMENT" is attached hereto and made a part hereof, marked and designated as Exhibit" I"; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the terms and conditions set forth and contained in the "PUBLIC EMPLOYER RISK MANAGEMENT ASSOCIATION WORKERS' COMPENSATION PROGRAM AGREEMENT" attached hereto as Exhibit" I", and. BE IT FURTHER RESOLVED, that this acceptance shall be deemed retroactive to August 2"d, 2007, the commencement of the term of the agreement; and BE IT FURTHER RESOLVED, that the Supervisor of the Town is hereby authorized and directed to execute the "PUBLIC EMPLOYER RISK MANAGEMENT ASSOCIATION WORKERS' COMPENSATION PROGRAM AGREEMENT", a copy of which is attached hereto as Exhibit "I", by and on behalf of the Town of Wappinger. The Supervisor is further authorized to forward the original signed contracts to PERMA. "MW The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-215 Yes/Aye No/Nay Abstain Absent D Adopted Joseph Ruggiero Voter 2 ID ❑ ❑ Adopted as Amended William Beale Voter Z ❑ 11 El Defeated Vincent Bettina Seconder Z El E3 ❑ ❑ Tabled Maureen McCarthy Initiator Z 11 ❑ Withdrawn Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09t", 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-216 Resolution Accepting Second Reduction in the Security Posted with the Performance Agreement Secured by a Surety Bond for the Shamrock Hills Subdivision WHEREAS, Toll Land VI, Limited Partnership had made application to the Town of Wappinger Planning Board to approve the subdivision of lands more particularly described in Subdivision Plat entitled "Shamrock Hills Subdivision", prepared by Povall Engineering dated September 12"', 2003, last emm revised March 28"', 2006; and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval by Resolution dated November 7th, 2005, amended by Resolution adopted August 7"', 2006, subject to certain public improvements being made and constructed within said subdivision and subject to completion of the requirements set forth in the Town Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town, and further subject to the requirements set forth in the letter of Paggi, Martin & Del Bene, LLP, Engineer to the Town, dated July 12t", 2006, together with the Schedule of Bond Values; and WHEREAS, Town Law §277 requires that the developer of a proposed subdivision guarantee the construction, installation, and dedication of the required public improvements by the Resolution of Subdivision Approval, prior to issuance of any building permits; and WHEREAS, Toll Land VI, Limited Partnership executed and posted a Performance Agreement Secured by a Surety Bond (No. 39BSBDT0495) issued by Hartford Fire Insurance Company on August 22" d, 2006, in favor of the Town of Wappinger in the original amount of Six Million, Five Hundred Ninety -Four Thousand Dollars ($6,594,000.00) , which was subsequently authorized to be reduced to the amount of Three Million, Five Hundred Eighty -Eight Thousand, Nine Hundred Dollars ($3,588,900.00) by the Town Board Resolution 2007-136 adopted on July 9"', 2007; and WHEREAS, Toll Land VI, Limited Partnership has completed more of the required improvements; and WHEREAS, by letter dated September 19"', 2007, a copy of which is affixed hereto, Engineers to the Town, Paggi, Martin & Del Bene, LLP, determined that the construction value of the work remaining to be completed was Seven Hundred Seventy -One Thousand, Five Hundred Dollars ($771,500.00), inclusive of administrative costs; and WHEREAS, the Town Board hereby agrees to and authorizes a reduction in the security posted with the Performance Agreement, and hereby agrees to accept a Surety Bond in the sum of Seven Hundred Seventy -One Thousand, Five Hundred Dollars ($771,500.00) as security to guarantee completion of the remaining work. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby agrees to accept a Surety Bond in the amount of Seven Hundred Seventy -One Thousand, Five Hundred Dollars ($771,500.00), as the security posted with the Performance Agreement to insure that the improvements required for the Shamrock Hills Towyn of Wappinger Page 14 Printed 10/1912007 Town Board Meeting Minutes October 9, 2007 Subdivision will be properly completed as required by the Planning Board Resolution of Approval dated November 7"', 2005, amended by Resolution adopted August 7"', 2006. 3. The Surety Bond previously posted in the amount of Three Million, Five Hundred Eighty - Eight Thousand, Nine Hundred Dollars ($3,588,900.00) is hereby authorized to be released by the Town Clerk upon delivery to him of the above referenced Surety Bond in form acceptable to the Attorney of the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-216 Yes/Aye No/Nay Abstain Absent Rl Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter Q ❑ ❑ ❑ ❑ Defeated Vincent Bettina seconder D ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09t1', 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-217 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 pennissive 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 salve 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 N•• 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 Torn of Wappinger Page 15 Printed /0/19/2007 Town Board Meeting Minutes October 9, 2007 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 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. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-217 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beaie Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09t1i, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-218 Resolution Authorizing the Adjustment of Salary for Recreation Employee WHEREAS, Stephanie Kovalsky celebrated her one year anniversary on August 1411', 2007; and WHEREAS, Stephanie Kovalsky currently makes Ten Dollars and 63/100 ($10.63) an hour out of budget line A-7020.103, and WHEREAS, Stephanie Kovalsky's salary should be increased by 3% to Ten Dollars and 95/100 ($10.95) an hour; and WHEREAS, This increase should be applied retroactively to the anniversary date of August 14th, 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. Stephanie Kovalsky is approved for a 3 % increase as of her anniversary date of August 14th, 2007. 3. Stephanie Kovalsky's salary is hereby increased from Ten Dollars and 63/100 ($10.63) an hour to Ten Dollars and 95/100 ($10.95) an hour. amd Toxin of Wappinger Page 16 Printed 10/1912007 Town Board Meeting Minutes October 9, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-218 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 El Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ 1:10 ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09t1i, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-219 Resolution Appointing Recreation Director WHEREAS, Skip Rottkamp resigned from the position of Recreation Director effective August 31st, 2007; and WHEREAS, there now exists a vacancy at the position of Recreation Director, and WHEREAS, the Wappinger Town Board has conducted interviews and found Scott Cheney, who currently resides at 2614 Boscobel Loop in the Town of Wappinger, to be the individual capable of filling the vacancy for the position of Recreation Director. NOW, THEREFORE, BE IT RESOLVED, that Scott Cheney, who currently resides at 2614 Boscobel Loop in the Town of Wappinger, is hereby appointed as the Town of Wappinger Recreation Director. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-219 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ El Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 11 El El Tabled El Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09t", 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-220 Resolution Authorizing Bid for Roofing Rehabilitation to the Carnwath Farms Mansion WHEREAS, bids were opened on September 6th, 2007, for the Roofing Rehabilitation Project to the Carnwath Farrns Mansion by Town Clerk, John C. Masterson; and WHEREAS, the following bids were received: E&A Construction Corp. $866,194.00* irregularities as forth in the letter report of September 10, 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, RA 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 10, 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. Town of Wappinger Page 17 Printed 10/19/2007 Town Board Meeting Minutes October 9, 2007 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 10, 2007 letter report of The Swartz Architectural Group. 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 10th, 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 go" 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 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 -2007-220 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ❑ D ❑ ❑ ❑ Defeated William Beale Initiator ❑ ❑ ❑ 0 Tabled Vincent Bettina Voter D ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder ❑ 4 ❑ ❑ Next: Oct 15, 2007 7:30 PM Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09th 2007 The Resolution is hereby tabled. RESOI.:UTION: 2007-221 Resolution Authorizing Bid for Roof Reconstruction Asbestos and LBP Abatement to the Carnwath Farms Mansion WHEREAS, bids were opened on September 6th, 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, I . 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. Town of Wappinger Page 18 Printed 10/19/2007 Town Board Meeting Minutes October 9, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-221 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ❑ 0 ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ 0 Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ 0 ❑ ❑ Next: Oct 15, 2007 7:30 PM Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09t1i, 2007 The Resolution is hereby tabled. RESOLUTION: 2007-222 Resolution Adopting Carnwath Master Plan WHEREAS, the Town of Wappinger purchased a 99 acre estate property, which was built in the 19t1i century and is located on Wheeler Hill Road in the Town of Wappinger, commonly known as the "Carnwath Farms"; and WHEREAS, there was a dedication of the Carnwath Farms project to the People of the Town of Wappinger during festivities in June of 2003 which established the project as a public recreation and arts amenity; and WHEREAS, the Town's goal was to create a new cultural attraction to evoke a lasting image of the heritage of Wappinger while utilizing Carnwath Farms' rich and varied cultural history; and WHEREAS, the Town intends to draw a diverse audience and create multiple attractions related to the various forms of local arts; and WHEREAS, the preservation of the site's significant open space was permanently cemented as a conservation easement was developed to prevent use of a significant and highly visible portion of the site for construction of residential or commercial structures; and WHEREAS, the Estate contains several structures including a carriage house, mansion and a chapel; and ■r WHEREAS, the Town has planned the long term rehabilitation of Carnwath Farms, including the rehabilitation of the various structures contained thereon; and WHEREAS, the Town of Wappinger has received several grants to help defray the cost of repairs and planning; and WHEREAS, the Town has retained the firm of Cerniglia & Swartz, registered architects, to conduct a study to detennine the nature of rehabilitation work needed for the various buildings at Carnwath Farms; and WHEREAS, Resolution No. 2002-249 was previously adopted on September 9, 2002 awarding the contract to prepare a Comprehensive Master Plan for the Greystone Estate (Carnwath Farms) in accordance with the Proposal for Professional Services dated May 10, 2002; and WHEREAS, Fraser Associates had drafted a Master Plan for the town owned property of Carnwath Fanns in February of 2004; and WHEREAS, The Master Plan outlines history, opportunities, objectives, and development concepts etc.; and WHEREAS, the Carnwath Fanns Master Plan provides an opportunity to preserve and restore an example of American Landscape Architecture, which was a style created by Hudson Valley raised Andrew Jackson Downing and influenced an architecture movement; and WHEREAS, The Town of Wappinger Town Board wishes to approve a Master Plan for the town owned property of Carnwath Fanns. NOW, THEREFORE, BE IT RESOLVED, that the Town Board has reviewed and found appropriate to hereby adopt the Master Plan, prepared by Fraser Associates dated February 14t", 2004. Town of Wappinger Page 19 Printed 10/19/2007 Town Board Meeting Minutes October 9, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-222 ❑ Adopted Yes/Aye Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter Q ❑ ❑ ❑ ❑ Defeated William Beale Initiator Q ❑ ❑ ❑ * Tabled Vincent Bettina Voter 23 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ (0 ❑ ❑ ❑ Next: Oct 15, 2007 7:30 PM Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09"', 2007 The Resolution is hereby tabled. RESOLUTION: 2007-223 Resolution Adopting Certificate of Adjusted Base Proportions for the 2007 Assessment Roll From the New York State Office of Real Property Services WHEREAS, the Town has received a Certificate of Adjusted Base Proportions for the Assessment Roll for calendar year 2007 from the New York State Office of Real Property Services; 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 of Wappinger hereby accepts and adopts the base percentages, current percentages, and current base proportions as set forth in the Certificate of Adjusted Base Proportions for the 2007 Assessment Roll, received from the New York State Office of Real Property Services, a copy of which is attached hereto. 3. Chris Masterson, Town Clerk, is hereby authorized to certify on behalf of the Town the Certificate of Adjusted Base Proportions for the 2007 Assessment Roll The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-223 Yes/Aye No/Nay Abstain Absent El Adopted Joseph Ruggiero Voter 0 El El El ❑ Adopted as Amended William Beale Voter D El ❑ ❑ Defeated Vincent Bettina Voter D ❑ El ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 El 11 El Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09t1i, 2007 The Resolution is hereby duly declared adopted. VI. New Business 1. Councilman Beale New Business Councilman Beale asked when the Minutes of the January 27t1i, 2007 Town Board Meeting would be available. He noted that the Supervisor has been referring to the Minutes during this Meeting, but he has not received them and they haven't been approved by the Board. Supervisor Ruggiero replied that Town Board Minutes technically don't need to be accepted by the Board. That is done as a matter of procedure. He asked for a copy of the Minutes. The Town Clerk added that Councilman Beale could have a draft copy. 2. Councilwoman McCarthy New Business Councilwoman McCarthy notified the Board that residents of Schnabl Court are formulating a petition for street lights on their street. The residents feel that it is dark at the entrance of their street and all of the other streets that intersect Myers Corners Road have street lights. Supervisor Ruggiero stated that he will reach out to Central Hudson tomorrow. 3. Councilman Paoloni New Business Councilman Paoloni made a motion that Recreation conducts a field utilization study of all fields. He finds it fascinating that the Board is asked to raise and construct a new field Town of Wappinger Page 20 Printed 10/19/1007 Town Board Meeting Minutes October 9, 2007 without looking at the existing utilization of all of the other Town fields. On the opening day of the soccer season, Councilman Paoloni drove out to Robinson Lane to find that there were not any games being played. The motion was seconded by Councilman Beale and passed unanimously. Motion To: ask Recreation to do a field utilization study on all Town fields ...................._........_____. RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: William Beale, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni 4. Councilman Beale New Business Councilman Beale asked if the Board could have a handout of the PowerPoint presentation that was used during the budget presentation discussion. Supervisor Ruggiero replied that the Board would receive that along with a narrative of what he did. VII. Adjournment am 1. Motion To: adjournat 10:17 PM ........ RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni ...............____.._........ The Meeting Adjourned at 10:17 PM. J hn C. M sterson Town Clerk Town of Wappinger Page 21 Printed 10/19/2007