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2007-11-13 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 November 13"', 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 November 13`x', 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order H. Minutes Approval 1. Tuesday, October 09`x', 2007 2. Monday, October 15`x', 2007 3. Monday, October 22nd, 2007 4. Monday, October 29`x', 2007 III. Public Hearings 1. Local Law NO. 2007, Authorizing a Real Property Tax Exemption for Cold War Veterans Pursuant to RPTL §458-B 2. Public Hearings to Hear Objections to the Proposed Budgets for the Financing of Certain Special Improvement Districts and Special Improvement Areas as Well as Establishing the Quarterly Operations and Maintenance Charges and/or Rents for Calendar Year 2008 IV. Correspondence Log 2007-234. Resolution Authorizing the Acceptance of the Correspondence Log V. Public Portion VI. Discussion A. Wappinger Farm Estates B. Comprehensive Plan VII. Resolutions 2007-235. Resolution Introducing Local Law No. —of 2007 Re: Amendment to the Town's Zoning Map Regarding a Portion of the Property in the Wappinger Farm Estates Subdivision 2007-236 2007-237 2007-238 2007-239 2007-240. 2007-241. VIII. New Business Resolution Approving Attendance to Inventory and Analysis Seminar for Wappinger/Hudson River LWRP Resolution Naming Rabenda Hill Drive Resolution Waiving Assembly Permit Fee for the New Hackensack Reformed Church Resolution Adopting "Local Law No. of the Year 2007, Authorizing a Real Property Tax Exemption for Cold War Veterans Pursuant to RPTL § 458-B" Resolution Adopting Town Comprehensive Plan Resolution Adopting Findings Statement Re: Generic Environmental Impact Statement in Connection with Town Comprehensive Plan and Associated Zoning Amendments IX. Executive Session A. Cranberry Hills Subdivision B. Absolute Properties X. Adjournment Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Tuesday, November 13th, 2007 7:30 PM Town Hall 5. Call to Order Supervisor Ruggiero called the Meeting to Order at 7:35 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 Late 7:37 PM Minutes Approval 1. Motion To: accept the Minutes of 10-09-07, 10-15-07, 10-22-07 and 10-29-07 and place them on file RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Ruggiero, Supervisor AYES: Joseph Ruggiero, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni Tuesday, October 09th, 2007 Monday, October 15th, 2007 Monday, October 22°a, 2007 Monday, October 291h, 2007 Public Hearings Local Law No. _ 2007, Authorizing a Real Property Tax Exemption for Cold War Veterans Pursuant to RPTL §458-B Supervisor Ruggiero opened the Public Hearing at 7:36 PM. Town Clerk Chris Masterson offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Ruggiero then asked if there were any comments or questions from the public. Town Attorney Al Roberts offered an explanation of this new Tax Exemption. Councilman Bettina asked if this applied specifically to Disabled American Veterans. Mr. Roberts clarified. Supervisor Ruggiero asked if there were any further comments or questions. 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 7:39 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page I Printed 11/20/2007 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, AUTHORIZING A REAL PROPERTY T_ -X EXEMPTION FOR COLD WAR VETERANS PURSUANT TO RPTL :: 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 October 251h, 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, Authorizing a Real Property Tax Exemption for Cold War Veterans Pursuant to RPTL §458-B", 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. Q1 C ��Dhn C. sterson Town Clerk Town of Wappinger Sworn to before me the 25th day of ctober, 2007 NOTARY PUBLIC BARBARA L. ROBERTI Notary Public, State of New York tae No. 01806130344 Dutchess County My Commission Expires July 18, 2009 Poughkeepsie Journal Poughkeepsie; AFFIDAVIT O PUBLICATION k NOTICE Of - to the extanf of the prod= t PUBLIC NEARING yct of tha assessed value TOWN OF WAPPINGER j of such property, multi- NOTICE IS HEREBY plied by fifty percent of GIVEN that the Town the Cold War Veteran Board of the. Town, o 'disability rating; provided, f however, that such Wappinger will conduct a exemption shall not ex - PUBLIC HEARING on the ceed forty thousand dol - 13th da of November, Y lars, or the product of for - 2007, .at 7:30 p.m. at the ty thousand dollars multi - Town Hall, Town of Wap- plied by the latest state pinger, 20 Middlebush equalization "rate for,'the Road,' Wappingers Falls, assessing unit" or in,'the New'York, at which time case lr a,. special. asses - citizens parties in interest and sing unit, the latest class citizens shall have an op= ratio, whichever is less. portunity to be heard as C.The exemption, from to whether the Townreal property taxation, pro- ap6 of she Town of vided by this subdivi Wsion appinger shall . adopt a shall only be applicable to proposed Local Lal shall taxation, and is not which will authorize a par, applicable to'taxes:levie tial- exemption from real' fscorhcounty, village`,: d property taxation for Cold, county, purposes. , War Veterans as auth. school Cold War Veteran rized by 0 458-b of the Real Property Tax Law. , receives an exemption PLEASE TAKE ;,FURTHER: under section 458 or 458 - NOTICE ",that the• text of a of the Real Property, Tax the proposed Local Layv is Law, the Cold War t/eter- designed to imple'ment an shaWnot be eligible to receive the exemption the maximum real. prop– P. arty tax exemption al-' Pursuant to this local law. PLEASE TAKE FURTHER lowed to Cold War Vater- P . ans, as follows: NOTICE that the, Town A. Fifteen percent . of Board ' has determined the assessed -value' , oI that the enactment of the qualified- residential real aforementioned Local -- Law isaT II t' product 'of twell sand dollars'mult the latest state tion rate of the r unit, or, ..In the -.c special assessing latest class ratio,: erisless. Blrk, addition' exemption'' above, where `tl the United State! - ans' Affairs' or fr United States De of Defense becau seryice,.:cgpnedte bility, • qualifying dentist real prope be exempt from RECE4V ED Nov 0 5 2007 TOWN CLERK how Ty ac ion as irpption' defined in twelve 6 NYCRR 617.5 (6) (20), or q`r..the pursuant to Local Law No. thou- 6 of 1992 of the Town of lied by Wappinger; ` and, accor- aualiza- dingly, the Town Board sessirg hereby expressly deter - ie of a mines that the . adoption nit, ` the of this Local Law is not an tlichev- action " that requires re- view pursuant .to the pro (SEORA) or pur- Local Law` No. 6 or. Pursuant to 6 arts 16171. Partmenl 'ivu r lut inat copies or the se of a proposed Local Law d ' disa- No._ of the Year 2007 resi- 'are ayailable for review rty shall and inspection at the Of- taxation lice of the :Town; Clerk on weekdays from 8:30 a.m. —to`900'p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, " New York. Dated: October 256, 2007 BY ORDER OF THE TOWN BOARD t OF . THE TOWN OF 4tfAPPINGER JOHN C. MASTERSON; Town Clerk 8015 iJUTAh`�' f�lllsiJl:; �l , . State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, DLftchess 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 insweeksn successively, in each week, commencing on the 31stday of Oct. in the year of 2007 and on the following dates thereafter, namely on: and ending on the day of the year of 2007 both days inclusive. in Su scribed a d sworn to before me this /z�Zday o in the year of 2007 tary Public My commission expires SOHTHFRN DHTCHF5q NFW-'--- RFArnN FRFF PREFF, 84 FAST MAIN STRFFT WAPPTNGFRS FAILS, NY 12507) To: WAPPTNAERS FAHS, TOWN P,n, Rnx q?4 WAPPTNGERS FAIM NY 12590 RP: Ipay. l not irp P7qIH',I Mate of NFW YORK R4, County of DHTCHPqR T, PHYI 1 TS 30TT, heing duly sworn. dapoRP anrl say: that T gm the PURITQHFR of fir, outhern Dutrhesn News, a weekly newspaper of general. circulation puhlished in WAPPTNGERT FAIIS, CHC Chou of DTHFARtao , Stof NFW Ynw anc! that a notice, of which Vhe anna*ed is a printpd copy, was Mn y uhlished in Snutharn n"tchans News once on 10111/07, Sworn to before me this Alst day of October AIRFRT M OSTFN Moiary Pohlin, tit atp of NFW YORK No 1J 82a0 QHalifiPd in nUTCUSS CoHptv My Tommi nsion Pxpirps on May 16, ?OH NtIv t 1.007 Regular Meeting Minutes November 13, 2007 Public Hearings to Hear Objections to the Proposed Budgets for the Financing of Certain Special Improvement Districts and Special Improvement Areas As Well As Establishing the Quarterly Operations and Maintenance Charges And/Or Rents for Calendar Year 2008 Supervisor Ruggiero opened the Public Hearing at 7:39 PM. Town Clerk Chris Masterson offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Ruggiero listed the districts being covered by this Public Hearing and asked that the focus be on the water and sewer districts. Councilman Bettina asked about the lack of street lighting in the Thorn Acres area and what could be done to add additional street lights. Councilman Beale added that there was a similar concern in the Tall Trees area, along Steinhaus Lane. Highway Superintendent Graham Foster stated that he has been aware of this situation, however when the lighting was put in place there were only underground utilities. In order to add additional lighting, a pole would have to be erected. Town Engineer Jay Paggi stated that the Town has done improvements like this before, such as the improvement at Quiet Acres. He explained the process that would be followed to make improvements in these other areas. Supervisor Ruggiero read off the benefit unit charges for the Water & Sewer Districts and their increases. He then asked if there were any comments or questions. A resident asked what a commercial benefit unit was is. Supervisor Ruggiero explained the criteria for benefit units. With no other comments or questions, Councilwoman McCarthy made a motion to close the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. The Public Hearing was closed at 7:47 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 2 Printed 11/20/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING TO HEAR OBJECTIONS TO THE PROPOSED BUDGETS FOR THE FINANCING OF CERTAIN SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT AREAS AS WELL AS ESTABLISHING THE QUARTERLY OPERATIONS AND Now MAINTENANCE CHARGES AND/OR RENTS FOR CALENDAR YEAR 2008 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 October 26th, 2007, your deponent posted a copy of the attached Notice of Public Hearing to Hear Objections to the Proposed Budgets for the Financing of Certain Special Improvement Districts and Special Improvement Areas as well as Establishing the Quarterly Operations and Maintenance Charges and/or Rents for the Calendar Year 2008, 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 26th day of Octo ,er, 2007 NOTARY PUBLIC DENISE MACIO OIMA6168116 Notary Public State of New York Qualified in Dutchess County Commission Expires 6 / 4 / 20�-14 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper printed and published every day in the year 2007 in the city of Poughkeepsie, Dutchess County, New York, and,that the annexed Notice was duly published in the said newspaper for one ins weeksn successively, in each week, commencing on the 31st day of Oct. in the year of 2007 and on the following dates thereafter, namely on: M 0 Tn M and ending on the day of in the year of 2007 ,both days inclusive. Subscri�{�//(�f/e'd/a'^n�d ss/,Y`V,orn to before me this MAIRITITI ( i NOTARY F+ULILIG. S { L NO R1My commission expires 0I JAI IF!?_I I. I F ji: CC1 IF c. N F td �z C 111 PP _f I F I-- »w'FAI, I, [d A TOWN OF than, forty miles of ski WAPPI ' NGER trails thirty to two hon - NOTICE OF PUBLIC �dyed` ,feet .wide; to- HEARINGTO HEAR' getke r with .appurte-7 '' OBJEUION,9�:: TO � n ances thereto, pr( THE PROPOSED vided I., that,;no mor BUDGETS FOR THE: I. than eight:, miles FINANCING OF such trails shall be in_ CERTAIN SPECIAL , - : excess of �one Jhun.,; IMPROVE M ENT' t entyfeetWide" dreg 'w DISTRICTS, AN 'RQVE� ,on the slopes of Gore SPECIAL IM _ P and Pete Gay moun7 MENT AREAS A tains in,,, �%,,'Warren .county, nor from relo- cating, reconstructing nand:maintaining a to- taldnotmorethanfifty miles of existing state ,,:highways for, the pur- ,poseofelimin'atin the g ha,zardsofdlangerous curves and,s.graOes, 1 provided a total of no ,.j-nor,p than 400r;h.un- dred, acres ;'of. forest C- 1 1, preserve land shall be us6d for such purpose I r I . I I "- and that n osingle re located poqion of any 00911IOPY,,041,.excee `Notwithstanding the .Joregoing ,proyision the state May convE the ' village Sa.4nacLake ten ,acres ,.of, forest, pre -r, .,serve land adjacent to 'the .1 boundaries of �§qqh village for public 'pseinprQvidingfQrr fuse, disposaland in exetjange thereford i the village of Saranad �,,Lakershall convey to jhe'state thirty acres of certain trueforest land nedbysuthvillagel ...,r!pq,,,QrooK in' maw Regular Meeting Minutes November 13, 2007 IV. Correspondence Log RESOLUTION: 2007-234 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-234 Yes/Aye No/Nay Abstain Absent El Adopted Joseph Ruggiero Voter 2 ❑ ❑ ❑ El Adopted as Amended William Beale Voter Rl ❑ ❑ ❑ El Defeated Vincent Bettina Seconder Q ❑ El ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator Rl ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 13th 2007 The Resolution is hereby duly declared adopted. V. Discussion A. Wappinger Farm Estates Supervisor Ruggiero opened the discussion on the Wappinger Farm Estates at 7:48 PM. He asked for an update on the status. Town Attorney Al Roberts stated that the applicant was unable to supply the required documents to enter into the amended contract. However, they have agreed to transfer a portion of their property adjacent to Sprout Creek and the Robinson Lane Recreation Area. This consists of approximately 20 acres, with 10 acres of usable land that can be developed into soccer or football Fields. Town Planner David Stolman stated that the 4111111111be introducing the Local Law and the Local Law itself are in order. The only thing needed is the correct "metes and bounds". The Board could introduce the Local Law and have the "metes and bounds" attached in time before the publication. Supervisor Ruggiero explained that the Town wanted to get the Local Law in place before the December deadline passes. Al Roberts stated that the contract would have to be amended if the deadline is not met. Discussion followed. Councilwoman McCarthy asked for clarification as to her understanding that the Map is sufficient for the rezoning. Al Roberts replied that is was sufficient. Supervisor Ruggiero closed this discussion at 7:55 PM. B. Comprehensive Plan Supervisor Ruggiero opened this discussion at 7:55 PM. David Stolman reviewed the status the Comprehensive Plan. He stated that he had prepared a FGEIS. The FGEIS included of all of the comments that were received from the Public Hearings, correspondence and the DC Department of Planning. Mr. Stolman prepared a memo summarizing the comments for the Boards Review. Also included is the proposed rezoning of the Canter Property, located on Route 9 at South Fowlerhouse Road. Councilman Bettina asked about the Chambers rezone. David Stolman explained that the memo addressed this as well and proposed that the Board have a work session to go through the comments and to modify the Comprehensive Plan based on the comments and recommendations received. Supervisor Ruggiero commented that this Meeting is technically the second Meeting of the month and, therefore, is considered the Workshop Meeting. Councilman Beale felt that there should be a separate work session to discuss the comments. Mr. Stolman spoke about the Chambers rezone request and the issues surrounding the Planning Board's decision. It was recommended at that time that Mr. Chambers supply a site plan for this request. Supervisor Ruggiero commented that both the Town and County Planning Boards have recommended against this re -zone request. Discussion about the Chambers rezone followed. Councilman Beale stated it would be in the Town's best interest to have a work session on the Comprehensive Plan and Mr. Chambers' request. Councilman Bettina agreed. Supervisor Ruggiero will schedule a work session next week to discuss the issue. Councilman Bettina asked that the Canter rezone be discussed as well. Supervisor Ruggiero added that this would be the last workshop on this Master Plan. Councilman Paoloni noted that the Board has not discussed the Master Plan since July 18t1i. Supervisor Ruggiero replied that the Board had a Meeting in Town of Wappinger Page 3 Printed 11/20/2007 Regular Meeting Minutes November 13, 2007 September on the Master Plan. Councilman Paoloni and Mr. Stolman disagreed. Mr. Stolman explained that the FGEIS was adopted in September, but the Plan itself has not been discussed since July. Discussion followed. David Stolman commented that a Public Hearing would be required if the recommendations and comments from the upcoming work session change the general flavor of the document. Supervisor Ruggiero closed this discussion at 8:16 PM. VI. Resolutions RESOLUTION: 2007-235 Resolution Introducing Local Law No. _ of 2007 Re: Amendment to the Town's Zoning Map Regarding a Portion of the Property In the Wappinger Farm Estates Subdivision gum WHEREAS, the Town Board of the Town of Wappinger is entertaining the amendment of the Town's Zoning Map regarding a portion of the property in the Wappinger Fann Estates subdivision (the "Proposed Action"); and WHEREAS, the Planning Board of the Town of Wappinger has recommended in favor of granting the proposed rezoning; and WHEREAS, the Town of Wappinger Planning Board, as Lead Agency, has issued a Negative Declaration regarding the Proposed Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions). NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 2007 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Town Code as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 2. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2007 for 7:30 PM on the 10th day of December, 2007 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 3. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-235 Yes/Aye No/Nay Abstain Absent 10 Adopted Joseph Ruggiero Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder D ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter R1 ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 13th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 4 Printed 11/20/2007 Regular Meeting Minutes November 13, 2007 RESOLUTION: 2007-236 Resolution Approving Attendance to Inventory and Analysis Seminar for Wappinger/Hudson River LWRP WHEREAS, Jean Gallucci, Comptroller, has requested authorization to send one representative to the Department of State Inventory and Analysis seminar that is required for the EPF LWRP Grant, and WHEREAS, the class takes place November 14th, 2007, in Yonkers, New York, and costs Two Hundred Fifty Dollars and 00/100 ($250.00). NOW, THEREFORE, BE IT RESOLVED, Jean Gallucci, Comptroller, is authorized to send a representative to attend the Department of State Inventory and Analysis seminar held in Yonkers, New York, and takes place November 14th, 2007, with the total cost not to exceed Two Hundred Fifty Dollars and 00/100 ($250.00). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-236 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator Rl ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 13th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-237 Resolution Naming Rabenda Hill Drive WHEREAS, there is a private road located in the Town of Wappinger with the name of �. Van Voorhis Drive, and WHEREAS, Mr. Rabenda has requested that the name be changed to Rabenda Hill Drive, and WHEREAS, Mr. Rabenda's neighbors have agreed to the name change, and WHEREAS, the Town Board has decided to name this road "Rabenda Hill Drive" 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 name "Rabenda Hill Drive", and WHEREAS, the Town of Wappinger Fire Prevention Bureau finds no conflicts within the Town with the name "Rabenda Hill Drive" NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes formally naming the private road that is currently known as Van Voorhis Drive as Rabenda Hill Drive. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-237 Yes/Aye No/Nay Abstain Absent D Adopted Joseph Ruggiero Voter 0 ElEl❑ 11 Adopted as Amended William Beale Voter 0 El El El Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ 11 Tabled Maureen McCarthy Seconder 0 El ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 13th, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger- Page 5 Printed 1112012007 Regular Meeting Minutes November 13, 2007 RESOLUTION: 2007-238 Resolution Waiving Assembly Permit Fee for the New Hackensack Reformed Church WHEREAS, New Hackensack Reformed Church has requested that the One Hundred Fifty Dollar and 00/100 ($150.00) fee for the Operating and Place of Assembly Permit; and WHEREAS, In addition to the normal uses of a church, their facilities are used by a number of organizations including the Boy Scouts, the Dutchess County Senior Citizens Daybreak program, a nursery school, a senior citizens exercise class and a polling place for the Town; and WHEREAS, Knights of Columbus Corporation has requested that the Town of Wappinger waive the fee due to the fact that the building is used by outside, non-profit organizations in addition to the church's use. 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 waives the One Hundred Fifty Dollars and 00/100 ($150.00) Operating and Place of Assembly Permit fee for the New Hackensack Reformed Church. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-238 Yes/Aye No/Nay Abstain Absent ❑ Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 21 El ❑ 0 Tabled Maureen McCarthy Initiator 0 El ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York November 13t11, 2007 The Resolution is hereby tabled. RESOLUTION: 2007-239 Resolution Adopting "Local Law No. 16 of the Year 2007, Authorizing a Real Property Tax Exemption for Cold War Veterans Pursuant to RPTL § 458-B" 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, Authorizing a Real Property Tax Exemption for Cold War Veterans Pursuant to RPTL § 458-b" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of the Town; and WHEREAS, a Public Hearing was held on November 13t1i, 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 determined that the proposed Local Law is a Type II action and the adoption of this Local Law is otherwise exempt from 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: 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. 16 of the Year 2007, Authorizing a Real Property Tax Exemption for Cold War Veterans Pursuant to RPTL § 458-b", 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 and the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. Town of Wappinger Page 6 Printed 11120/2007 Regular Meeting Minutes November 13, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-239 Yes/Aye No/Nay Abstain Absent Q Adopted Joseph Ruggiero Voter Q ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder Q ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator Q ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter Q ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York November 13th, 2007 The Resolution is hereby duly declared adopted. Tomer o/ Wappinger Page 7 Printed 11/20/2007 LOCAL LAW NO.16 OF THE YEAR 2007 A Local Law entitled "Local Law No. 16 of the Year 2007, Tax Exemption for Cold War Veterans." 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. 16 of the Year 2007 entitled as "Local Law No. 16 of the Year 2007, Tax Exemption for Cold War Veterans." Section II: Legislative Intent and Purpose: Pursuant to the Laws of 2007, Chapter 655, the New York State Legislature has created a new section of the Real property Tax Law adding section 458-b entitled "Exemption for Cold War Veterans". The legislation permits the Town to grant an exemption of fifteen percent of the assessed value of any qualified property owned by a Cold War Veteran, provided however, that such exemption shall not exceed twelve thousand dollars or the product of twelve thousand dollars multiplied by the latest equalization rate of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less. The Legislation also provides for an additional exemption to those Cold War Veterans who received a compensation rating from the United States Veterans Affairs or from the United States Department of Defense because of a service connected disability, up to a maximum of forty thousand dollars in assessed value of such property, or the product of forty thousand dollars multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the latest class ratio, whichever is less. The Town Board acknowledges the contribution that veterans have made to our quality of life, not only for the residents of the Town of Wappinger but for all of the citizens of the United States and the Town Board determines that it is appropriate to acknowledge this contribution in the form of a partial real property tax relief. Consequently, the Town Board has determined that to the extent additional real property tax relief is authorized by section 458-b of the Real Property Tax Law, the Town of Wappinger and its citizens are best served by providing such tax relief. Section III: Chapter 2? 1 entitled "TAXATION" of the Town Code of the Town of Wappinger is hereby amended by creating a new Article entitled "Exemption for Cold War Veterans" which is hereby adopted and shall read as follows: "ARTICLE VII Cold War Veterans' Exemption § 221-30. Cold War Veterans' Exemption. A. Pursuant to the authority set forth in the New York State Real Property Tax Law §458-b, the Town of Wappinger hereby grants the maximum real property tax exemption allowable to Cold War Veterans which shall be fifteen percent of the assessed value of qualified property as defined in § 458-b of the Real Property Tax Law; provided however, that such exemption shall not exceed twelve thousand dollars or the product of twelve thousand dollars multiplied by the latest state equalization rate of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less. B. In addition to the exemption provided above, where the Cold War Veterans received a compensation rating from the United States Veterans' Affairs or from the United States Department of Defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent of the Cold War Veteran disability rating; provided, however, that such exemption shall not exceed forty thousand dollars, or the product of forty thousand dollars multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the latest class ratio, whichever is less. C. The exemption from real property taxation provided by this subdivision shall only be applicable to town taxation, and is not applicable to taxes levied for county, village or school purposes. D. If a Cold War Veteran receives an exemption under section 458 or 458-a of the Real Property Tax Law, the Cold War Veteran shall not be eligible to receive the exemption pursuant to this local law. § 221-31. Definitions. The Town hereby adopts the definitions set forth and contained in section 458-b of the Real Property Tax Law, as adopted by the Legislature pursuant to the Laws of 2007, Chapter 655, and as the same may be amended from time to time thereafter. § 221-32. Eligibility Requirements. The eligibility requirements for the exemption for Cold War Veterans shall be as set forth in section 458-b of the Real Property Tax Law, as the same may be amended from time to time thereafter. § 221-33. Procedure and Application. Applications for such exemption shall be filed with the Assessor for the Town of Wappinger and shall be made by the owner, or all of the owners, of the property on a form prescribed by the New York State Board of Real Property Tax Services. The owner or owners shall file the completed form in the Assessor's office on or before the first appropriate taxable status date. The owner or owners of the property shall be required to re -file each year. Applicants shall re -file on or before the appropriate taxable status date. Any applicant convicted of willfully making any false statement in the application for such exemption will be subject to the penalties prescribed in the New York State Penal Law. 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 -3- 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, 6. subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section VI: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law subject to the provisions of section 458-b of the Real Property Tax Law. -4- Regular Meeting Minutes November 13, 2007 RESOLUTION: 2007-240 Resolution Adopting Town Comprehensive Plan WHEREAS, the action which the Town Board is entertaining is the adoption of a new Town Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, pursuant to the State Environmental Quality Review Act regulations, the Town Board adopted a Positive Declaration, thereby finding that the Proposed Action may result in a significant adverse environmental impact for the reasoning contained in the Positive Declaration; and WHEREAS, the Town Board accepted a Draft Generic Environmental Impact Statement (DGEIS) prepared for the Proposed Action as being satisfactory with respect to its scope, content and adequacy; and WHEREAS, the Town Board filed and published a Notice of Completion and the DGEIS as provided for on the notice; and WHEREAS, the Town Board established a comment period on the DGEIS, and the Town Board and Comprehensive Plan Committee held two public hearings on the DGEIS and the draft Comprehensive Plan at which time all persons interested were given an opportunity to be heard; and WHEREAS, the Town Board accepted a Final Generic Environmental Impact Statement (FGEIS) prepared for the Proposed Action as being satisfactory with respect to its scope, content and adequacy; and WHEREAS, the Town Board filed and published a Notice of Completion and the FGEIS as provided for on the notice; and WHEREAS, the Town Board adopted a Findings Statement, thereby completing the SEQRA process; and WHEREAS, the Town Board filed the Findings Statement with the Town of Wappinger Town Clerk, the New York State Department of Environmental Conservation's Division of Regulatory Services, and the Environmental Notice Bulletin. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to Section 272-a of New York State Town Law, the Town Board hereby adopts the Town Comprehensive Plan dated June 2006 as its new Comprehensive Plan, thereby replacing the Town Comprehensive Plan adopted by the Town Board in 1988. 3. The Town Board hereby directs the filing of the new Town Comprehensive Plan with the Town of Wappinger Town Clerk and the Dutchess County Department of Planning and Development. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2007-240 Yes/Aye No/Nay Abstain Absent ❑ Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ® Vincent Bettina Seconder 21 ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator ® ❑ ❑ ❑ Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York November 13th, 2007 The Resolution is hereby tabled. Town of Wappinger Page 8 Printed 11/20/2007 Regular Meeting Minutes November 13, 2007 RESOLUTION: 2007-241 Resolution Adopting Findings Statement Re: Generic Environmental Impact Statement in Connection with Town Comprehensive Plan and Associated Zoning Amendments WHEREAS, the action which the Town Board is entertaining is the adoption of a new Town Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I mom actions); and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, pursuant to the State Environmental Quality Review Act regulations, the Town Board adopted a Positive Declaration, thereby finding that the Proposed Action may result in a significant adverse environmental impact for the reasoning contained in the Positive Declaration; and WHEREAS, the Town Board accepted a Draft Generic Environmental Impact Statement (DGEIS) prepared for the Proposed Action as being satisfactory with respect to its scope, content and adequacy; and WHEREAS, the Town Board filed and published a Notice of Completion and the DGEIS as provided for on the notice; and WHEREAS, the Town Board established a comment period on the DGEIS and held two public hearings on the DGEIS at which time all persons interested were given an opportunity to be heard; and WHEREAS, the Town Board accepted a Final Generic Environmental Impact Statement (FGEIS) prepared for the Proposed Action as being satisfactory with respect to its scope, content and adequacy; and WHEREAS, the Town Board filed and published a Notice of Completion and the �... FGEIS as provided for on the notice. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review Act regulations, the Town Board hereby adopts the attached Findings Statement, thereby completing the SEQRA process. 3. The Town Board hereby directs the filing of the Findings Statement with the Town of Wappinger Town Clerk, the New York State Department of Environmental Conservation's Division of Regulatory Services, and the Environmental Notice Bulletin. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-241 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ 0 Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Next: Dee 31, 2007 7:30 PM Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York r... November 13, 2007 The Resolution is hereby tabled. Town of Wappinger Page 9 Printed 1112012007 Regular Meeting Minutes November 13, 2007 VII. New Business 1. Councilman Bettina New Business Councilman Bettina asked whether there were any other Veteran Tax exemptions. Supervisor Ruggiero stated that he is only aware of this latest exemption for Cold War Veterans. Councilman Bettina wanted to know who would be replacing Chairman DiNonno in light of his resignation. Supervisor Ruggiero stated that he has talked with members of the Planning Board and recommends appointing Robert Valdati to Planning Board Chairman for the remainder of the year. Supervisor Ruggiero made the motion to appoint Robert Valdati to Planning Board Chairman. The motion was seconded by Councilwoman McCarthy. Councilman Beale asked how much time Mr. Valdati had on the Board compared to other members. He asked if there were other senior members. Discussion about the appointment followed. Supervisor Ruggiero called for a roll -call vote. Councilman Beale voted "nay", Councilman Bettina abstained. Councilman Paoloni, Councilwoman McCarthy and Supervisor Ruggiero voted "aye". The motion passed. Discussion about the appointment continued. Councilman Bettina asked who would be replacing Nancy Cito, Senior Citizen Center Director, due to her resignation. Supervisor Ruggiero stated that Kay VonReyn, Senior Center Assistant, would act as Director until the position could be filled from the civil service list. Councilman Bettina had a question regarding the position of Emergency Services Director. He asked if there was any change in the pay proposed. Supervisor Ruggiero replied that there was not. He explained the situation regarding the position. The first round of testing will be conducted in the first week of December. Motion To: appoint Robert Valdati to Chairman of the Planning Board for the remainder of the year 2007 RESULT: ADOPTED 13 TO 1] MOVER: Joseph Ruggiero, Supervisor SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, Maureen McCarthy, Joseph Paoloni NAYS: William Beale ABSTAIN: Vincent Bettina 2. Councilman Paoloni New Business Councilman Paoloni asked the Town Engineer, Jay Paggi, about the Preliminary schedule for reconstruction of the Soccer Fields for Airport Drive. He asked if the Town Board directed him to prepare this schedule. Mr. Paggi explained that he was asked to see how the schedule of the construction would affect the play on the soccer fields. He noted that the effect will be the same whether the fields are sod or turf. Councilman Beale asked if there had been any inquiries from the Town of Fishkill regarding subsidies for the soccer field project. Supervisor Ruggiero replied that the there has not. He mentioned that he has had shared services conversations with the Fishkill Supervisor. VIII. Executive Session Motion To: go into Executive Session at 8:29 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni 1. Cranberry Hills Subdivision 2. Absolute Properties Town of Wappinger Page 10 Printed 11/20/2007 Regular Meeting Minutes November 13, 2007 Motion To: come out of Executive Session at 9:58 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Ruggiero, Supervisor SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni IX. Adjournment mom Motion To: adjourn at 9:58 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 9:58 PM. J�n C. asterson Town Clerk Town of Wappinger Page 1 / Printed 11/20/2007