2005-017OV24/2005.RGM
Now, THEREFORE, BE IT -RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if
fully set forth and adopted herein.
2. The Town Board hereby approves change order No. 2 to Wappinger
Sewer Improvement No. 4, for installing a fence at the pump station at
Four Fields Court in the amount of Six Thousand Six Hundred Ninety
and 08/100 ($6,690.08) for the reasons set forth in the letter dated
January 5, 2005 from Charles DelBene of Paggi, Martin & DelBene to
the Town Board.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Absent
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2005-016
RESOLUTION AUTHORIZING PLACEMENT OF
CORRESPONDENCE OF FILE
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilwoman McCarthy.
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:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Absent
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2005-17
RESOLUTION AUTHORIZING AMENDMENT TO FILED MAP NO.
8958 FOR SUBDIVISION KNOWN AS "LANDS OF SATELLITE
INVESTMENTS"
_ The following Resolution was introduced by Councilman Paoloni and
seconded by Councilwoman McCarthy
WHEREAS, the Planning Board previously approved a subdivision known as
"Lands of Satellite Investments" dated February 1, 1990, which subdivision
map was filed in the Office of the Dutchess County Clerk as Filed Map No.
8938; and
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01/2412005.RGM
WHEREAS, a note on the Filed Map No. 8938 required the property owner,
Satellite Investments, to irrevocably offer a proposed road extension to then
proposed County Route 11 (CR -11) as shown on said map; and
WHEREAS, it has been determined that Dutchess County has no present
plans to build CR -11; and
WHEREAS, the Town Board hereby acknowledges CR -11 will not be built
and authorizes the Planning Board to approve an,amendment to Filed Map
No. 8938 removing the note requiring the property owner to irrevocably offer
to the Town a proposed road extension to CR -11; and
WHEREAS, the Town desires to obtain a Permanent Easement and Right of
Way (hereinafter "Utility Easement") for the installation of utilities running
from Airport Drive as extended and as shown a certain proposed Subdivision
Map entitled "Rail Trial Subdivision" dated July 25, 2004 to the lands known
or formerly owned by the County of Dutchess and previously described as CR -
11 located on the easterly side of the Lands of Satellite; and
WHEREAS, the Town Board determines that the adoption of this resolution
is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code
of the Town of Wappinger and, accordingly, the Town Board hereby expressly
determines that this action is not an action that requires review pursuant to
the provisions of the New York State Environmental Quality Review Act
(SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger ■
or pursuant to 6 NYCRR Part 617.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this
Resolution as if fully set forth and adopted herein.
2. The Town Board hereby authorizes the Planning Board of the
Town of Wappinger to amend Filed Map No. 8936 so as to
remove Note No. 1 on said filed map and to further release the
property owner, Satellite Investments, from any,obligations to
irrevocably offer and develop a proposed road extension from the
easterly termination of Airport Drive to the property known now
or formerly described as CR -11, except, however, the Town
reserves the right to obtain a 30 foot wide Utility Easement for
the installation of utilities (including but not limited to water,
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sewer, storm sewer, electric, telephone and other utilities)
running from Airport Drive at a location within the bounds of
the Satellite Investments property to the property now or
formerly owned by the County of Dutchess and previously
referred to as CR -11.
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3. The Town Board hereby delegates to the Town of Wappinger
Planning Board the right to determine the proposed location of
the aforementioned Utility Easement on behalf of the Town; the
exact location of the Utility Easement is to be mutually agreed
upon by the Town and Satellite Investments.
4. The Town Board acknowledges that the location and/or
_ positioning of the aforementioned Utility Easement shall be
determined after Final Subdivision Approval of the "Rail Trail
Subdivision" and during a subsequent application to be made by
Satellite Investments or its successors and assigns to the Town
of Wappinger Planning Board for Site Plan Approval for those
lands shown on the Subdivision Plat for the "Rail Trail
Subdivision". The Town Board agrees on behalf of itself and the
Planning Board that the location of the Utility Easement shall.
not interfere with the proposed Site Plan. The Utility Easement
shall be depicted on the Site Plan and conveyed to the Town
simultaneously with the Chairman of the Planning Board
signing the Site Plan Map.
5. The Town Board hereby authorizes Supervisor Joseph Ruggiero
to execute any and all documents necessary to implement the
terms and conditions of this Resolution and to specifically
authorize the Supervisor to sign the Agreement between the
Town of Wappinger and Satellite Investments in the form
attached hereto marked and designated Exhibit "ei".
6. The Town Board hereby agrees to accept the 30 foot wide Utility
Easement after the determination of its location as mutually
agreed upon by Satellite Investments and the Planning Board
without any further action by this Board and further authorizes
Supervisor Joseph Ruggiero to execute any and all instruments
necessary to have said Utility Easement recorded in the Office of
the Dutchess County Clerk.
7. The Town Board further acknowledges that the obligation of
Satellite Investments to grant the 30 foot wide Utility Easement
as above-described will terminate within ten years in the event
construction has not commenced for the proposed water line to
be constructed by the Dutchess County Water and Wastewater
Authority along the former CR -11 from the Town of
Poughkeepsie to the Town of East Fishkill.
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8. The Town Board further acknowledges that Satellite
Investments shall be under no obligation to install any water
lines or utilities through the Utility Easement.
The Town Clerk is hereby directed to forward a copy of this Resolution to the
Planning Board of the Town of Wappinger.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Absent
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted
UNANIMOUS CONSENT
Councilwoman McCarthy moved to place Resolution 2005-18 and Resolution
2005-19 on tonight's Agenda, seconded by Councilman Valdati and
unanimously carried
RESOLUTION NO. 2005-18
RESOLUTION AUTHORIZING BUDGET TRANSFERS
The following Resolution was introduced by Councilman Valdati and
seconded by Councilwoman McCarthy.
WHEREAS THE Comptroller to the Town of Wappinger, Gerald A.
Terwilliger, has recommended certain budget transfers hereby amending the
Town budget as set forth in a letter dated January 24, 2005 from Jerry
Terwilliger, Comptroller, to Supervisor and Town Board Members.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this'Resolution as if
fully set forth and adopted herein.
2. The Town Board hereby authorizes the following budget transfers
hereby temporarily amending the Town of Wappinger Budget adopted
for the calendar year 2005:
Increase B1120 Non Property Tax Dist. By County $7,500
Increase B1900.500 Education Expenses $7,500
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Voting
Aye
Robert Valdati, Councilman
Voting
Aye
Vincent Bettina, Councilman
Voting
Absent
Maureen McCarthy, Councilwoman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2005-19
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