Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2008-09-22 RGM
TO_ 14 CCLCrth CHRIS AI,AS tRSON TOWN OF W"PINGER TOWN CLERK'S OFFICE 20 IOIDDLEBUSH ROAD WAPPINGERS f=ALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting September 22, 2008 7:00 PM Agenda SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:00 PAI Meeting called to order on September 22, 2008 at Town Hall, 20 Aliddlebush Rd, 1A17appingers halls, NY. I. Call to Order It. Pledge of Allegiance III. Public Hearings 1. Resolution Setting Public Hearing for Waiver of Moratorium Due to Hardship 2. Resolution Introducing "Local Law No. of the Year 2008, Creating a New Article VII of Chapter 35 of the Town Code, 'Justice Court Personnel', and Repealing Local Law 9 of 1991 Codified as Article III of Chapter 35 'Deputy Court Clerk' of the Code of the Town of Wappinger" 3. Resolution Introducing Local Law No. of 2008 Amending the Zoning Law So as to Include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the Single -Family Residential Zoning Districts 4. Resolution Introducing Local Law No. of 2008 Amending the Zoning Law so as to Include Pet Crematoriums as a Special Permit Use in the Airport Industry (AI) and Planned Industry (PI) Zoning Districts IV, Discussions A. Town Auditor - Sedore & Co. B. Rail Trail Agreement - Greg Bentley /Ralph Holt C. Conceptual Senior Residential Project (Rt 91)) - Larry Paggi, PE /Dr. Hamburg 1), 141 Osborne Hill Road Nater Request - Bettina E. Town Water Analysis - Alike Tremper /Bob Gray F. _4 tlas / Hilltop Filtration - Alike Tremper / Bob Gray G. 11 appinger Park Pump Station :4bandonnient - Beale N'. Minutes Approval Nonday, September 08, 2008 VI. Correspondence Log 2008-271. Resolution Authorizing the Acceptance of the Correspondence Log VII. Public Portion VIII. Resolutions 2008-272. Resolution Authorizing Amendments to the 2008 Town of Wappinger Budget 2008-273. Resolution Authorizing Refund of Unused Escrow for Garagetek of the Hudson Valley 2008-274. Resolution Authorizing Refund of Unused Escrow for 40 Viola Court, Lot #11 (Blackwatch) 2008-254. Resolution Authorizing Waiver of Late Payment Penalties for 'Water and Sewer Charges for Wappingers Central School District 2008-259. Resolution Authorizing Engineering Services for Robinson Lane Water System Improvements 2008-262. Resolution Authorizing Feasibility Analysis for Filtration System of the Atlas Wells and Hilltop Wells Operated by the United Wappinger Nater District 2008-275. Resolution Authorizing the Revision of a Purchase Order for Recreation Department Maintenance Equipment 2008-238. Resolution Authorizing Refund of Unused Escrow for Road Inspections of BRH Realty Subdivision (Account 03-5071) 2008-276. Resolution to Amend the Town Board Meeting Schedule 2008-277. Resolution Introducing Local Law No. of the Vear 2008, Revisu►g Fees for Copying Town Records 2008-278. Resolution Authorizing the Town of NVappinger Ilighway Department to Participate in the Dutchess County Highway Snow and Ice Control Program for the'Winter Season 2008 2008-279. Recommendation of the Town Board in Respect to the Settlement of Litigation Involving the Cranberry Hills, LLC Subdivision 2008-280. 1NITBE Settlement Resolution (Crown) 2008-281. Regular Session Resolution (MTBE/TOTAL) 2008-282. Resolution Requesting New Fork State Department of Transportation to Authorize a Town Wide Speed Limit of 30 1NI PII 2008-283. Resolution Accepting Roads, Easements, Utilities and Other Public Improvements in Phase IN' of the Lee Knolls Subdivision "Together with Maintenance Agreement Secured by Letter of Credit 2008-284. Resolution Approving Abstract and Warrant for Payment of Claim Audited by Town Board IX. Items for Special Consideration X. New Business XI. Executive Session A. 11I7'BE Litigation 2008-285. Executive Session Resolution (1NITBE/Total) 2008-286. Executive Session Resolution (Crown) B. Rail Trail Contract C. Personnel Issue SII. Town Board Audit of Vouchers 2008-287. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town fon- 2008 2008-288. Resolution Approving Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIII. Adjournment Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Chris Masterson William Beale 845-297-5771 Monday, September 22, 2008 7:00 PM Town Hall Call to Order Supervisor Christopher Colsey called the meeting to order at 7:04 PM on September 22, 2008. Attendee Name Organization Title Status Arrived Christopher Colsey 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 Absent Mike Tremper Town of Wappinger CAMO Pollution Control Present David Stolman Town of Wappinger Town Planner Present Al Roberts Town of Wappinger Town Attorney Present Graham Foster Town of Wappinger Highway Superintendent Present George Kolb Town of Wappinger Director of Code Enforcement Present Ralph Holt Town of Wappinger Chairman of Recreation Commission Present Pledge of Allegiance Public Hearings Motion To: open Public Hearing for Moratorium RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni Resolution Setting Public Hearing for Waiver of Moratorium Due to Hardship Councilman Bettina made a motion to open the Public Hearing at 7:05 PM. The motion was seconded by Councilman Beale and passed unanimously. The Supervisor gave a summary of the issue. Town Clerk Chris Masterson offered for the record the Affidavits of Posting, Publication and Mailing, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Mitch Liebermann, the applicant, explained his hardship request and described his project. Supervisor Colsey noted that he did not hear any justification for a hardship. Discussion followed. Councilman Bettina asked the Town Planner, David Stolman, if there was a hardship and this should be considered. Mr. Stolman replied that he did not hear anything demonstrating a hardship. Supervisor Colsey opened the floor to the public. Mary Schmalz asked for clarification on what project this was for. Mr. Stolman clarified. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. Supervisor Colsey, Councilwoman McCarthy, Councilman Beale and Councilman Bettina agreed that they did not feel this warranted a waiver to the moratorium. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni Town of Wappinger Page I Printed 10/7/2008 TOWN BOARD: TOWN OF W APPINGER DUTCHESS COUNTY: NEW YORK IN THE NUTTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE "HARDSHIP EXEMPTION FROM THE TEMPORARY TOWN -WIDE MORATORIUM ON RESIDENTIAL DEVELOPMENT TO BROODS REAL ESTATE r DEVELOPMENT" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. l\Iasterson, 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, 2008, your deponent posted a copy of the attached Notice of Public Hearing for the Town of Wappinger to grant a hardship exemption from the Temporary Town -Wide Moratorium on Residential Development to Brooks Real Estate Development", on the signboard maintained by your deponent in his office in the Town Hall of the Town of "'appinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. C^ Volin C.' asterson Town Clerk ...• Town of Wappinger 1Sworn to before me the 12th day of September 2008 NOTARY PUBLIC DENISE MACIO 01 MA6168116 Notary Public State of New York Qualified in Dutchess County Commission Expires 6 / 4 / 201.,r[ 19 tl�� �9 Wd✓ IIFw✓ FJ/ j Valid y -n a i P`Oughkeepsio, 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 NOTICEOF: was and still is the Principle Clerk of the Poughkeepsie PUBLIC HEARING TOWN OFWAPPINGER Newspapers Divisioil of GannettSatellite Information NOTICE IS � EREBY GIVEN that the' Town Network, Inc., publisher of the Poughkeepsie Journal, a Board of the Town of p Wappinger will conduct a er news a Printed PUBLIC HEARING on the newspaper p nted and published every day in the year 22nd day of September, 2008, at 7:00 p.m. at the 2008 in the city of Poughkeepsie, Dutchess County, Town Hall, Town of Wap -�--� Road,, 20 Wappingers leoush New York and that the annexed Notice was duly Road, Wappingers Falls, � New York, at which time fall parties in interest and published in the said newspaper for one insertion citizens shall have an op- _ portunity to be heard as successively, in each week, commencing on the to whether the ` Town Board of the Town of Wappinger shall grant a 17th day of sept.�in the year of 2008 hardship exemption from the Temporary Town- and on the following dates thereafter, namely on: Wide Moratorium on lesidential Development o Brooks Real Estate De- ielopment, on behalf of is application of subdivi= ;ion approval for the pro- )osed subdivision known 3s Homestead Farms Sub- jvision, located at M, alo tey Road, Town of Wap - )finger and identified as rax Parcel No. 6359-01- 135737. - - 'LEASE JAKE FURTHER NOTICE that the Proposed Action is a Type Il Action and ending on the not subject to environ- day of in mental review pursuant to the year 2008 6 N.Y.C.R.R. 0617.5 (c)(30) y r of ;both days inciw,Si�e. and pursuant to Town of - - Wappinger Code _.0117-5 (the Town's Environmen- ,may � J tal Quality Review Law). (, / Dated: September 8, 2008 Lc BY ORDER OF � THE TOWN BOARD OF THE TOWN OF �. WAPP,INGER VISubscribed and sworn to before me this N C . MQSTERSON, N CLERK, i f�- a /JT/ day,, 9895 of C �n the year of 2008 MAuREEN CIESLUK NbtaxvJ ublic HOl AM PUBLIC, STATE OF NEW YORK NO.OIC15096485. QUALIFIED IN DUTCHESS COUNTY e%pjres CONIMISSION EXPIRES OCTOBER 14, MLK/ -" F) ? JT H F R N (-)t_J-i"(- HF 5 I"II`1.,.1: R r,,t':()N F R E: P R'E ,9,;! F=iaST r°ATIV ` 1RFET WAPF1 T t,lG)F RS F Al 1 A f 1= 1 cI �=_r w 1 -t-- T T 01,,) N AF I,.1APP I NJ F R'S FAA, I., , c (� 'r n t.) ra t-: I F R K; (, F F= T (-'F >C? �1I D 0 1 FRtI",i -I R1) . WAPP1 t\1GF R.S F=;1 I is I P g 1 Tl [7 t l C- E? tt 82 w, tate (F rIFGJ YORK � Cot_tnt_>, of DtJT(` HFS'S ? <-> -F P t_.j t -s 7. 1. c : t-_ i_ " SIT 1 i9 .Tt_JT T „ he:l nit (_1tt 1 v t,.tc->r n (1 e,p(-)E;a aI I say. that. T am the t -'I_ R1_ I SHF"R (:?f ;tit fi=�T n Flt tt c h e rIeL'.t S , 3 We,a k 1 rieIA -7,p:yFJ I >f aPT-1 r H_ 1 i r tt 1. t i on ptrl, l i 1) ad i n 1AAPP 1 tJGF:FAI_ 1, Ot,Int.v f Dtl1,C::-IFSF,1 State cif tdFW `(()RK; tinct �.,-F h i c h the a.rtnexe(I i s a P i rItet:1 (70PJr . W,qS, (-1tl1 pl.tk,1 i. she Ci in S 0t.tt.[-Ievn -)/17i08. St,jnrn to hefty a ma this 17th day of '�eptemher, 1-1008 aI F. FRT t�lt S'FF N Not.ar'Y Ptthl i c, ` tate of NFW `i(1P,K No. 1 4--t3?40, ASO 01,131 i f ied if) FIUl"(-HF`,` County Hy c:nmmtsst")ti raxpiI-P on H3v IFS '?011 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of iWappinger' will con- ductaPUBLIC HEAR- INGonthe22nddayof September, 2008, at 7:00 p.m. at the Town Hall; � Town, of Wap- pinger, 20 Middle bush Road, . Wap pingers Falls, Nei York, at which time alis parties in interest and citizens shall have an opportunity to be heard as to whether "the Town Board of the :Town of Wappinger shall grant a hardship exemption. from the Temporary Town Wide Moratorium on Residential Develop- Ment to Brooks Real Estate Development,, on behalf of its appli- cation of subdivision approval for the pro- posed subdivision known as Homestead Farms Subdivision, located at Maloney Road, Town of Wap- pinger and identified as Tax Parcel No. 6359-01-235737. PLEASE TAKE FUR THEIR NOTICE tha the ProposedAction i:' a HType II Action not subject to environ- mental review pur- srr uant to 6 N.Y.C.R.R. §617.5 (c)(30) and pursuant to Town of Wappinger ' Code §117-5 (the "Town's Environmental Qual- ity Review Law). Dated: September 8, 2008 BY ORDER OF THE TOWN BOARD OF.THE TOWN OF WAPPINGER JOHN C. MASTERSON, ,`TOWN CLERK SPECIAL TOWN BOARD MEETING AFFIDAVIT OF MAILING STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) JOHN C. MASTERSON, being duly sworn, deposes and says: I am over the age of eighteen (18) years of age and I reside at 5306 Princess Circle, Wappingers Falls, New York. On the 17`x' day of September, 2008, I served a true copy of the annexed NOTICE OF PUBLIC HEARING by mailing a copy of same in a sealed envelope with a pre -paid postage thereon in a Post Office or official depository of the U.S. Postal Service within the Town of Wappinger, Dutchess County, New York, addressed to the last know addresses of the addressees as set forth on the attached Schedule A. JOHN C. MASTERSON Town Clerk �`�9rn to beto�'e non this � day. � of e_ NOTARY PUBLIC r_ DENISE MACI© Notary Public Sttatte of New York Qualified in Dutchess County Commission Expires 6 / 4 / 20 // Regular Meeting Minutes September 22, 2008 Motion To: open Public Hearing for Justice Court Local Law RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni Resolution Introducing "Local Law No. of the Year 2008, Creating a New Article VII of Chapter 35 of the Town Code, `Justice Court Personnel', and Repealing Local Law 9 of 1991 Codified as Article III of Chapter 35 `Deputy Court Clerk' of the Code of the Town of Wappinger" Councilman Bettina made a motion to open the Public Hearing at 7:16 PM. The motion was seconded by Councilwoman McCarthy and passed unanimously. Town Clerk Chris Masterson offered for the record the Affidavits of Posting and .Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Al Roberts, Town Attorney, explained the topic. Supervisor Colsey opened the floor to the public. There were no comments. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni Toren of Wappinger Page 2 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 Motion To: open Public Hearing for Historic Tours RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni Resolution Introducing Local Law No. of 2008 Amending the Zoning Law So as to Include Historic House Tours, Receptions and Similar Events as a Special Permit Use in the Single -Family Residential Zoning Districts Supervisor Colsey opened the Public Hearing at 7:18 PM. David Stolman, Town Planner, explained the topic. Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. 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 Colsey asked for comments. Councilwoman McCarthy asked that the letter from June Visconti be made a part of the record of the Meeting. The Town Clerk was asked to read the entire letter into the record. Al Roberts, Town Attorney, and David Stolman, Town Planner, discussed the comments made in the letter. Supervisor Colsey asked for comments from the public. There were none. Councilman Bettina made a motion to adjourn the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. The Public Hearing was adjourned, but not to a specific date. RESULT: MOVER: SECONDER: AYES: ABSENT: ADJOURNED [UNANIMOUS] Vincent Bettina, Councilman William Beale, Councilman Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy Joseph Paoloni Town of Wappinger Page 3 Printed /0/7/2008 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE 1VLkTTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE "AMENDMENT OF THE TOWN CODE TO INCLUDE HISTORIC HOUSE TOURS, RECEPTIONS AND SIMILAR EVENTS" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 181h, 2008, your deponent posted a copy of the attached Amendment of the Town Code to include "Historic House Tours, Receptions and Similar Events", 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. Fhn C. Masterson Town Clerk Town of Wappinger Sworn to before me the 1801 day of August 2008 COez e V iC .PZ NOTARY PUBLIC DENISE MACIO 01 MA6168116 Notary Public State of Now York Qualified in Dutchess County Conuni6sion Expires o / 4 / 20_:1Z ri -I- V i -C I . -",y 7i t _ �C—), -if fc y t-> "II i ti: . * I- y 4: -r I I � I I!__. l_ t L _ . e 'V L _. C. � A[t gus t NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOVVN CODE TOWN'OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will con- duct a Public Hearing on the 22nd day of September 2008, at 7:00 PM, at the Town Hall, 20 Middlebush Road, Wappingers Fall, New York at which time, all parties in interest and citizens shall have an opportu- nity to be heard as to whether the Town Board of the Town of Wappinger should amertd the Zoning Law so as to include "Historic ': House Tours, Receptions andSimilarEvents"as a Special Permit Use in the single-family residential zoning dis- tricts. PLEASE TAKE FUR- THER NQTICE that Town Board has de- termined that the Pro- posedAction is aType I actiop pu.rrsuanttoAr- ticle 8 of the Environ- mental Conservation Law,Part617NYCRR (comm,only known as "SEQRA" )` and pur- suant to Chapter 117 of the Town Code (the Town's Environmen- tal Quality Review Law which estab- lishes locally desig- nated Type I actions). PLEASE TAKEFURTHERNO= TICE that the Town Board has reserved its rightto make its Deter- mination of Signifi- cancepursuanttoSE- QRAatthe conclusion of the Public Hearing tobeheldontheadop- tion of the proposed amendments. PLEASE TAKE FUR- THER NOTICE that the full text of the draft proposed amend- mentswillbeavailable for review and inspec- tion at the office of the Town Clerk on week- days from 8:30 AM to 4:00 PM. DATED: August 17th, 2008 BY ORDER OF THE TOWN BOARD OF THETOWN OF WAPPINGER JOHN C. MASTERSON Town Clerk Town of Wappinger NOTICE OF PUBLIC HEARING AMENDMENT OF THE T, Q�VN CODE TOWN 0 WAPPINGER , NOTICE iS "HEREBY GIVEN the Town, Board of -September 2008, at 10 PM at the Town Hall, Middlebush Road, appingels' Fall, Mew rrk at which ,tjme all rtie'sIrOnteres, crtr' ns all have an oppor nityto be (tearF3' es tdr. hether the ,TgVvd' Boar+ I the Towri of Wappinger' nould amen d,the'Zoning' aw so.�s tq'i�clu a PHi toric . House Tours, Re=; eptions and -;Similar- ventsi, as a Special Per. nit Use in the single,,i amily residential ` Toning listricts, i ?LEASE TAKE FURTHER VOTICE that Town'Board,. has determined that thel Proposed Action is a Type I actiowpursuant:to Art, -y1 cie 8 of the )Envininrnent3lr Conservation Law Part 617 NYCRR 1§ W, to `make its nation of Sigr rsuant to SEW amendments will be`avaiI. I able for review ,;and ,n- ` spection at the office of I the Town Clerk on week- r da s from &30 AM to 4:00 PM. CAT ED:August17th,2008 ` BY ORDER OF THE TOWN BOPf,RD ` OF THE TOYWN OF' WAPPINGER I JOHN C. MASTERSON ,l 5 a, Town 00,+dli� State of New York I.V«� 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 3008 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 27th day of _ Aug- in the year of 2008 and on the following dates thereafter, namely on: and ending on the day of in .� the year of _ 2008 ,both days inclusive. Subscribed and sw rn to before me this day ot/ '{,L�� in,the year of 2008 12 MAUf�( N CIESI..l1K tary.Public NOTaARY PUiH S, BLIC, STATE 'O(p�1F NEW YORK -- QUALIFIED IN DU(ft_ N Y- y a-� COMMISSION EXPIRES OCTOBER 14, 200 �� Regular Meeting Minutes September 22, 2008 Motion To: open Public Hearing for Pet Crematorium RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni Resolution Introducing Local Law No. of 2008 Amending the Zoning Law so as to •m Include Pet Crematoriums as a Special Permit Use in the Airport Industry (Al) and Planned Industry (PI) Zoning Districts Supervisor Colsey opened the Public [fearing at 7:26 PM. David Stolman, Town Planner, gave a brief synopsis of the issue. Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. 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). Discussion followed. Supervisor Colsey asked fol - comments from the public. "There were none. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni Town of Wappinger Page 4 Printed 10/7/2008 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE NL-kTTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE ADOPTION OF THE PROPOSED LOCAL LAW ENTITLED "LOCAL LAW NO. OF THE YEAR 2008, FOR THE PURPOSE OF ADDING THE NEW USE — PET CREMATORIUMS — TO THE ZONING LAW" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 18th, 2008, your deponent posted a copy of the attached proposed Local Law entitled "Local Law No. of the Year 2008, for the Purpose of Adding the New Use", on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. hn C. Masterson Town Clerk Town of Wappinger Sworn to before me the 15th day of October 2008 NOTARY PUBLIC BARBARA L. ROBERT1 Notary Public, State o. New York Reg. No. 01 RO0 30344 DUtchess COLirrty My Commission Expiras July 18, 2009 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT CSF PUBLICKnON State of New York AUG 7000 County of Dutchess City of Poughkeepsie TOWN G-F.RK NOTICE OF PUBLIG HEARING s AM,ENDMENToFTHE Rita Lombardi, of the City of Poughkeepsie, ,rr TOWN CODE TOWN OFW�PPINGER Dutchess County, New York, being duly sworn, says :NOTICE IS HEREBY that at the several times hereinafter mentioned he/she GIVEN the Town Board of the Town of Wappinger will conduct a Public was and stili is the Principle Clerk of the Poughkeepsie Hearing on th6 22nd day of September zoos, at „ Newspapers Division of Gannett Satellite Information 7:00 PM at the Town Hall, 20 Middlebush Road,'„ Wappingers 1, Palls, New .! Network, Inc., publisher of the Poughkeepsie Journal, a York, at which time all Parties in interest and citi- newspaper printed and published every day in the year zens shall have an oppj33 1 tunity to be, heard as o. 3008 in the city of Poughkeepsie, Dutchess County, whether the, TownBoard of the Town of Wappinger, should amend the zoning New York, and that the annexed Notice was duly Law so as to include Pet crematoriums as a Spe-, published in the said newspaper for one insertion tial Permit Use in the Air- port Industry Al) and Planned IndustryAPI) zon- successively, in each week, commencing on the ing districts. i PLEASE TAKE FURTHER day of A„ in the year of 2008 NOTICE that the Town Board has determined that the Proposed Action and on the following dates thereafter, namely on: is a Type l action pursuant to Article 8 of the "Environ- mental Conservation Law, Part 617 NYCRR (commo- nly known as "SEQRA") and pursuant to Chapter'; 117 of the Town. Code (the Town's Environmental Quality Review Law which';; establishes locally desig-`1 nated Type I actions): PLEASE TAKE FURTHER NOTICE that the Town Board has . reserved `its fight to make its Deter- mination of Significance and ending on the day of In pursuant to SEORA' at the s' conclusionof the Public Hearing to be held on, the the year of 2008 ,both days inclusive. adoption of the' proposed: l amendments. am PLEASE TAKE 'FURTHER NOTICE that the full text,/" of the draft proposed amendments will'be avail able for review and -in- spection at the office of the Town Clerk on week- days from 8:30 AM to,4001 Subscribed ar)d sworn to before me this day PM. ' DATED:July29th,2008pL2 in the year of 2008 BY ORDER OF THE TOWN BOARD /' , OF THE TOWN I OF WAPPINGER JOHN C. MASTRRSON ' '' ��/� / �1fZG�� Q2 ye� Town Clerk �. 2 I Town of Wappinger Bsaz_ A,;,,o1±EN C1E6LUK Notar-_ Vublic to 1 A\RY t1j`:+411, STATE OF NEW YORK w U 1 C15096485 QUALIFIED IN DUTCNES��oU Va a � soon expires COMMISSION EXPIRES OCTO R 14, �(� �r- � v AMENDMENTOF THETOWN CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will con- duct a Public Hearing on the 22nd. day of September 2008, at 7:00 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at h0_ I.i:��; which time all parties in interest and citizens shall have an opportu- H,4 ,. I 11;--','; I N I I 1 nity to be heard as to whether the Town Board of the Town of Wappinger should amend the Zoning -r= f-- t p 1_ i.:- i_ Law so as to include Pet Crematoriums as a Special Permit Use T 1 �;I•Ii�1 �'�'r l,J I I I I'din the Airport Industry (AI) and Planned In- dustry (PI) zoning dis- 1 4k tricts. PLEASE TAKE FUR- :�,�, 4t _, 1 >s,-,'1 THER NOTICE that the Town Board has determined that the Proposed Action is a - Type I action pursuant toArticle 8 of the Envi- ronmental Conserva- �r;;1lIII i1Ij ciiI1 �,�.���rn, { ;.;�,<.. r��! tion Law, Part 617NY- CRR (commonly }mown as "SEQRA") la � ;j �t� I andpursuanttoChap- � I'jr ter 117 of the Town Code(the Town's En- vironmental Quality RevlewLawwhiches- i'.J tablishes locally des- ignated Type I ac- �- tions). PLEASE TAKE FUR- _._..__.._ THER NOTICE that the Town Board has 'JOI-II I�'� i)r'�tai- i0'. ffll:, iaf('I C'i,i.`>'' 'If reserved its right t0 make its Determina- tion of Significance pursuant toSEQRAat the conclusion of the ido _ t <A , '40 0 Public Hearing to be held on the adoption of 1i)l i Yi�i Ir; L�IIIr'Ii�' ���,r�t the proposed amend- i.� ments. PLEASE TAKE FUR- THER NOTICE that the full text of the draft proposed amend - t.. k. mentswillbeavailable for review and inspec- tion at the office of the Town Clerk on week- days from 8:30 AM to 4:00 PM. DATED: July 29th., 2008 BYORDER OF THE TOWN BOARD OF ' THE TOWN OF """ WAPPINGER JOHN C. MASTERSON, Town Clerk Town of Wappinger Regular Meeting Minutes September 22, 2008 IV. Discussions A. Town Auditor - Sedore & Co. Supervisor Colsey opened the discussion at 7:29 PM. Linda Hannigan, Jim Sedore and Mark O'Sullivan were present to address the Board and field questions. Linda Hannigan discussed the issue pertaining to the fuel costs and the lines that fuel costs were being charged to. She also explained the audit function to the Board. She pointed out that their audit is an opinion on the financial statements. Then, Mrs. Hannigan discussed an issue that had come up regarding the handling of escrow balances. In the process, she fielded questions and made clarifications aww for Councilwoman McCarthy. Mr. O'Sullivan explained that it would be an independence problem if the auditing firm told the Town how to fix the problems that it pointed out. He went on to address concerns about the fines independence citing certain examples during which the Town was without a Comptroller. Discussion followed, most of which was about the method of charging fuel costs and where to charge those costs to. Supervisor Colsey closed the discussion at 7:57 PM. B. Rail Trail Agreement - Greg Bentley / Ralph Holt Supervisor Colsey opened the discussion at 7:57 PM. Ralph Hold, Chairman of the Recreation Commission, briefly addressed the Board about the Rail Trail. He discussed components of the trail and the maintenance of it. Mr. Holt then discussed options for the maintenance that the Board could decide on. Greg Bentley, Director of Engineering for the Dutchess County DPW, was present, along with a representative from the County Attorney's Office, to address the Board. He discussed the needed maintenance from the viewpoint of the County. He also mentioned steps that have been taken in other municipalities. Councilman Bettina noted that there are discrepancies in what he is hearing are the estimates to maintain the Town's portion of the Rail Trail. Mr. Holt explained the reasons that the Town estimate is different from the County estimate. For example, the Town will need equipment to do the maintenance. At the request of the Supervisor, Mr. Bentley outlined the work that the Town is to do. Councilman Beale wanted to make sure that each Town is being assigned similar levels of responsibility. He also asked questions about police patrol of the Trail. He was concerned about access to the Trail in the event of an emergency. Discussion about the capability to address such emergencies followed. Supervisor Colsey closed the discussion at 8:27 PM. C. Conceptual Senior Residential Project (Rt 9D) - Larry Paggi, PE / Dr. Hamburg Supervisor Colsey opened the discussion at 8:28 PM. Councilman Bettina gave a brief summary of the project. Dr. Martin Hamburg then began his presentation and gave a background of his development team. The project is proposed for a section of Route 9D near the Central Hudson power station. He discussed his proposed program in detail and gave examples of problems with other programs that are addressed in his model. Councilwoman McCarthy noted her concern that certain people wouldn't be able to pay for the services being provided in this program. Dr. Hamburg addressed those concerns and noted that New York State assisted living costs, on average, $100.00 per day. He also discussed what his service provided for that amount. Jay Diesing, with Mauri Associates Architects, then discussed the schematic plan for the project. They are proposing to enter off of Route 9D. He went on to discuss certain features and amenities in various buildings on the proposed site. Jamie McNiff, from Larry Paggi's office, was also present to discuss the project. She mentioned the possibility of extending Town water and sewer down the Route 9D corridor. The plan is to bring water all the way down Old Hopewell Road to Route 9D and then south to the proposed site. Another option would be to have onsite sewer and water. Bob Gray, Engineer to the Town, discussed what the expected water and sewer needs are. He predicts the site would require 40,000 gallons per day. Mike Tremper, of CAMO Pollution Control, added input about other projects that did similar things with regards to water and sewer and the Town's philosophy about water and sewer. The Board also discussed the fact that this would require a rezone. David Stolman, Town Planner, discussed elements of the Master Plan. He recommends that this applicant make application for a zoning map change and establish an escrow account. Discussion followed. Supervisor Colsey closed the discussion at 9:06 PM. D. 141 Osborne Hill Road Water Request - Bettina Supervisor Colsey opened the discussion at 9:06 PM. Councilman Bettina gave a brief Town ol'Wappinger Page 5 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 summary of the topic. He would like the Board to approve this applicant to tie into the water line on Osborne Hill Road. Councilman Beale and Councilman Bettina left at 9:07PM. Al Roberts, Town Attorney, noted that there would need to be a minor adjustment to the existing agreement between the Village of Fishkill and the Town. The agreement preceded the Fleetwood II extension, which was never formed. Councilman Beale returned at 9:08 PM. Mike Tremper, of CAMO Pollution Control, described the work that would need to be done. He also explained the process that would need to be followed. Supervisor Colsey closed the discussion at 9:11 PM. E. Town Water Analysis - Mike Tremper/ Bob Gray Supervisor Colsey opened the discussion at 9:11 PM. Mike Tremper, of CAMO Pollution Control, explained the importance of the analysis. He recommends that the Town look at this every year. Bob Gray, Engineer to the Town, began his presentation of the analysis """ material. He explained that this information is his firm's opinion of the capacity of the system. The Board would detennine what is done with that water. He also mentioned the study that was done a few years ago and explained the differences in the study that he conducted. Mr. Tremper noted that both studies used 350 gallons per minute capacity. Since 1974, he has only once seen the output from the Hilltop wellfield drop to that level. He feels that this is an ultra -conservative anticipation. Mr. Gray went on with his presentation. He noted that there is a third water water system connected to the United Wappinger Water system. That is the Meadowood Water System. That system has a 300 gallons per minute capacity and is currently not being used. It ties into the Rockingham system at the low point. It would require a high level or pressure to get the water up into Rockingham. Mr. Gray went on to explain the problems with the Rockingham system. If Meadowood was put online, the number of breaks in the Rockingham lines would increase. He continued with the presentation and how he came up with his figures. Mr. Gray went on with the presentation. Mr. Tremper further explained what numbers were used by each engineer that led to differing results. Morris Associates came up with 639 lots for a total usage of 191,700 gallons (just over 300 gallons per lot). Paggi, Martin & Del Bene came up with 622 lots for a total usage of 199,000 gallons (just over 319 gallons per lot). Mr. Tremper then discussed the figures for future average flows. The difference between the two firms for average flows is 17,000 gallons. He went on to give other figures in the two reports. He feels that neither report is right or wrong, but both are ultra -conservative. Discussion followed. Supervisor Colsey closed the discussion at 9:53 PM. F. Atlas / Hilltop Filtration - Mike Tremper / Bob Gray Supervisor Colsey opened the discussion at 9:54 PM. Bob Gray, Engineer to the Town, noted that he has provided the Board with the costs to do this project. He commented on the report that was provided by the hydrogeologist as well. He went on to say that this is not imperative, but the Board should know what it costs to complete. Discussion followed. Supervisor Colsey closed the discussion at 9:58 PM. G. Wappinger Park Pump Station Abandonment - Beale Supervisor Colsey opened the discussion at 9:59 PM. Mike Tremper, of CAMO Pollution Control, explained the issue. Bob Gray, Engineer to the Town, recommended that the Town revisit the map, plan and report that was done for Wappinger Park. He believes the abandonment was included in that. The Town would then need to put that work out to bid. Discussion followed. Supervisor Colsey closed the discussion at 10:01 PM. Discussion about the Robinson Lane water issue Mike Tremper, of CAMO Pollution Control asked if the Board wants to discuss Robinson Lane issue. Supervisor Colsey noted that it is not on the agenda. Mr. Tremper explained that his staff reads the water meter, checks the chlorine and checks the water every day. The system was Num put in years ago. It averages 400 gallons per day and peaks around 1800 gallons per day. In the late 1990's, Paggi, Martin and Del Bene did a study on the system. It is a public water supply. It needs to be built in accordance with the rules and regulations according to the State Health Department, Part 5 Regulations of a public water supply. He pointed out that it is not in accordance and listed reasons why. There is a potential for hazard. He recommended that the Engineer to the Town look into the issue and present it to the Board. Bob Gray, Engineer to the Town concurred that it would be smart to separate the domestic water from the irrigation water. Discussion followed. Town of Wappinger Page 6 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 V. Minutes Approval VI Monday, September 08, 2008 ✓ Vote Record - Acceptance of Minutes for September 8, 2008 7:00 PM ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy Yes/Aye No/Nay Abstain Absent Absent Christopher Colsey Voter 0 El 11 Accepted William Beale Initiator 0 El El ❑ Accepted as Amended Vincent Bettina seconder 0 El El El Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ El Joseph Paoloni Voter ❑ ❑ ❑ Z Correspondence Log RESOLUTION: 2008-271 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 -2008-271 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter R1 El El El Adopted as Amended William Seconder Rl El El ElBeale 1:1 Defeated Vincent Bettina Initiator 0 El 1:1 El Tabled Maureen McCarthy Voter 21 ❑ ❑ El Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. VII. Public Portion Motion To: suspend the Rules for public comment on the Agenda Items RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni A. Public Comments on the Agenda Items Councilman Bettina made a motion to suspend the Rules for public comment on the Agenda items. The motion was seconded by Councilman Beale and passed unanimously. Mary Schmalz gave the Board an update on the Ramble event. Supervisor Colsey made a motion to reinstate the Rules. The motion was seconded by Councilman Beale and passed unanimously. Motion To: Reinstate the Rules RESULT: ADOPTED (UNANIMOUS) MOVER: Christopher Colsey, Supervisor SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni Town of Wappinger• Page 7 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 VIII. Resolutions RESOLUTION: 2008-272 Resolution Authorizing Amendments to the 2008 Town of Wappinger Budget WHEREAS, the Town Board approved the 2008 Town of Wappinger budget on November 15, 2007; and WHEREAS, the adopted budget reflected an allocation of $12,000.00 in budget line item A 1990.400 (Contingency); and WHEREAS, the Town Board amended the adopted budget through Resolution 2008-191 thereby transferring $23,501.00 to budget line item A1990.400 (Contingency), on June 9, 2008; and WHEREAS, the Town Accountant presented a budget report to the Town Board at the regularly scheduled meeting of September 8, 2008, and the purchase of software for the Accounting department was discussed; and WHEREAS, the Town Highway Superintendent provided advice to the Town Board that the Town supplies of fuel were low due to unanticipated increases in cost NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2008: Increase A1315.406 (Accounting Software) $20,000.00 Increase A5132.400 (Garage/CE-Oil) $15,501.00 Decrease A1990.400 (Contingency) $35,501.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-272 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 11 ❑ ❑ Adopted as Amended William Beale Initiator 0 El ❑ ❑ Defeated ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-273 Resolution Authorizing Refund of Unused Escrow for Garagetek of the Hudson Valley WHEREAS, on or about December 3, 2007, Frank Buyakowski (Applicant) deposited One Thousand, Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for expenses associated with a proposed Site Development Plan; and WHEREAS, the Applicant formally withdrew the proposal on December 27, 2007; and WHEREAS, Frank Buyakowski has requested a refund for Six Hundred Two Dollars and 25/100 ($602.25), as approved by George Kolb, Director of Code Enforcement to the Town of Wappinger NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Six Hundred Two Dollars and 25/100 ($602.25), made payable to Frank Buyakowski, Account Number 6156-02-848675, for the refund of the unused escrow deposited for the identified project. Town of Wappinger Page 8 Printed 101712008 Regular Meeting Minutes September 22, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-273 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter D ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ Z Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. RESOI.AJTION: 2008-274 Resolution Authorizing Refund of Unused Escrow for 40 Viola Court, Lot #11 (Blackwatch) WHEREAS, on or about January 25, 2008, Tony Russo (Britzenzie Corporation) deposited Four Thousand, Two Hundred Dollars and 00/100 ($4,200.00) with the Town of Wappinger for "Stabilization" and "Driveway" on 40 Viola Court (Lot 11); and WHEREAS, the respective projects have been inspected by the Town Highway Superintendent (9/16/2008) and Town Building Inspector (9/3/2008); and WHEREAS, Tony Russo (Britzenzie Corporation) has requested a refund in the amount of Four Thousand, Two Hundred Dollars and 00/100 ($4,200.00), and has been approved by George Kolb, Code Enforcement Director to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Four Thousand, Two Hundred Dollars and 00/100 ($4,200.00) made payable to Tony Russo (Britzenzie Corporation), Account Number 6358-02-762980-0000, for the refund of the unused escrow deposited for the property located at 40 Viola Court (Lot 11). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-274 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey seconder Q El Cl❑ ❑ Adopted as Amended William Beale Voter R ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 21 ❑ ❑ ❑ ❑ Tabled Maureen McCarthyl Initiator D El El ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. Motion To: untable Resolution 2008-254 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni RESOLUTION: 2008-254 Resolution Authorizing Waiver of Late Payment Penalties for Water and Sewer Charges for Wappingers Central School District WHEREAS, on behalf of the Wappingers Central School District and Myers Corners Elementary School, Michele Moloney, Business Manager of the Wappingers Central School District has requested that late payment penalties in the amount of $846.79 be waived for reasons stated in a Memo dated August 22, 2008, from Michele Moloney to the Town of Wappinger Supervisor, a copy of which is affixed hereto. NOW, THEREFORE, BE IT RESOLVED: Town of Wappinger Page 9 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 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 Town of Wappinger Water/Sewer Billing Department to waive the late payment penalties in the amount of $846.79 for the third quarter water and sewer bill for the Wappingers Central School District on behalf of Myers Corners Elementary School. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-254 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ L] Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdiawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. Motion To: untable Resolution 2008-259 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni RESOLUTION: 2008-259 Resolution Authorizing Engineering Services for Robinson Lane Water System Improvements WHEREAS, Robert J. Gray, P.E., Town Engineer, has reported that the existing Robinson Lane Recreation Facility has a water system consisting of two wells, a pressure tank and chlorination system, which are used to meet both the potable water needs of the public using the recreation facility, as well as to provide irrigation for the various ball fields; and WHEREAS, the water system was not originally designed for such dual use; and WHEREAS, the increasing irrigation demands may significantly impact the ability of the wells to provide potable water for the recreation facility; and WHEREAS, Robert J. Gray, P.E., has recommended that a separate well source be installed which would be dedicated solely to the supply of water for the irrigation system; and WHEREAS, Morris Associates, Engineering Consultants, PLLC, has submitted a proposal to provide engineering services to separate the existing water irrigation system at the Robinson Lane Recreation facility by letter proposal dated June 24, 2008. 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 hereby authorizes Morris Associates, Engineering Consultants, PLLC, Engineers to the Town of Wappinger, to undertake necessary engineering studies to separate the existing water irrigation systems at the Robinson Lane Recreation facility in accordance with a letter proposal dated June 24, 2008, a copy of which is on file at the Office of the Town Clerk of the Town of Wappinger. 3. The Town Supervisor, Christopher J. Colsey is hereby authorized to execute the MONO letter proposal by and on behalf of the Town of Wappinger. Tuwn Qf Wappinger Page /0 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-259 Yes/Aye No/Nay Abstain Absent Rl Adopted Christopher Colsey Voter R1 ❑ ❑ ❑ ❑ Adopted as Amended William Beale seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter 2 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ Z Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. WA. Motion To: untable Resolution 2008-262 RESULT: ADOPTED ]UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni RESOLUTION: 2008-262 Resolution Authorizing Feasibility Analysis for Filtration System of the Atlas Wells and Hilltop Wells Operated by the United Wappinger Water District WHEREAS, the United Wappinger Water District operated two well systems, one commonly known as the Atlas Wells and the other is known as the Hilltop Wells; and WHEREAS, both the Atlas Wells and the Hilltop Wells are located in close proximity to the Wappinger Creek and Sprout Creek, respectively; and WHEREAS, due to the location of these wells, there is a concern that the wells may be .� under the influence of surface water and, potentially certain microbiological parameters such as cryptosporidium and giardia may be present in the aforementioned creeks and could contaminate the aforementioned well water sources; and WHEREAS, a March 2008 study by Leggette, Brashears & Graham, Hydro -geological Engineers, indicated that the aforementioned wells are likely under the influence of surface water; and WHEREAS, the Town Board has detennined it is in the best interest for public health, welfare and safety of the residents of the Town of Wappinger to undertake a feasibility analysis to determine whether filtration of the aforementioned well water systems is required; and WHEREAS, Morris Associates, Engineering Consultants, PLLC, has submitted a proposal to conduct a feasibility analysis for the filtration systems for the Atlas Wells and Hilltop Wells pursuant to letter proposal dated June 24, 2008. 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 hereby authorizes Morris Associates, Engineering Consultants, PLLC, Engineers to the Town of Wappinger, to undertake a feasibility analysis for the filtration systems at Atlas Wells and Hilltop Wells in accordance with a letter proposal dated June 24, 2008, a copy of which is on file at the Office of the Town Clerk of the Town of Wappinger. 3. The Town Supervisor, Christopher J. Colsey is hereby authorized to execute the letter proposal by and on behalf of the Town of Wappinger. Town ol'Wnppinger Page 1 l Printed /0/7/2008 Regular Meeting Minutes September 22, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-262 0 Yes/Aye Yes/Aye No/Nay Abstain Absent Christopher Colsey Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ 11 El Defeated E3 Tabled Vincent Bettina Voter 0 ❑ Tabled Vincent Bettina seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ 0 Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. RESOI.AUTION: 2008-275 Resolution Authorizing the Revision of a Purchase Order for Recreation Department Maintenance Equipment WHEREAS, the Town Board approved the purchase of certain Highway Department and recreation Department equipment through Resolution 2007-247, on November 26, 2007; and WHEREAS, the Town Board approved, through the execution of a Purchase Order in the amount of $15,963.75, for the purchase of a John Deere 1445 4 -Wheel drive mower, on June 27, 2008; and WHEREAS, the State contract approved vendor failed to deliver the aforementioned equipment claiming an error in the State Contract bid amount NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town of Wappinger Recreation Commissioner to submit a revised Purchase Order for the formerly approved equipment, or a suitable substitution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-275 0 Adopted Yes/Aye No/Nay Abstain Absent Adopted Amended Christopher Colsey seconder 0 11 El ElEl as William Beale Voter 0 ❑ ❑ ❑ El Defeated E3 Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. Motion To: untable Resolution 2008-238 RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Maureen McCarthy, Councilwoman Vincent Bettina, Councilman Christopher Colsey, William Beale, Joseph Paoloni RESOLUTION: Vincent Bettina, Maureen McCarthy 2008-238 Resolution Authorizing Refund of Unused Escrow for Road Inspections of BRH Realty Subdivision (Account 03-5071) WHEREAS, on or about June 15, 2006, Phantom Hollow Equities, Inc. (hereinafter the "APPLICANT") deposited an inspection escrow in the amount of Fourteen Thousand Dollars and 00/100 ($14,000.00) in connection with the construction of roads to be created in connection with a 7 Lot Realty Subdivision under Application Number 03-5071 (hereinafter the "APPLICATION"); and WHEREAS, the number of lots for the Project was reduced to 3 and a subdivision plat was signed on November 19, 2007, that did not require the construction of any roads; and WHEREAS, by Memo dated September 10, 2007, the Town Engineer, Paggi, Martin & Town o/ Wnppinger Page 12 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 Del Bene LLP, determined that the initial inspection escrow should be set at $2,400.00; and WHEREAS, an escrow overage of Eleven Thousand, Six Hundred and 00/100 Dollars ($11,600.00) exists and the APPLICANT has requested a refund of said escrow overage; and WHEREAS, the Director of Code Enforcement, the Zoning Administrator, the Planning Board Secretary, the Highway Superintendent, the Town Engineer and the Escrow Account Clerk have reviewed the application and the escrow account and have determined that a refund is due to the APPLICANT. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Eleven Thousand Six Hundred and 00/100 DOLLARS ($11,600.00) shall be made to Phantom Hollow Equities, Inc., representing a refund of the escrow overage for the APPLICATION leaving an escrow balance of Two Thousand, Four Hundred and 00/ 100 Dollars ($2,400.00) as of this date. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-238 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 El ❑ ❑ Adopted as Amended William Beale Voter 0 El ❑ El Defeated Vincent Bettina Seconder 0 El ❑ ElDefeat Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-276 Resolution to Amend the Town Board Meeting Schedule WHEREAS, the Town Board regularly meets on the second and fourth Mondays of each month; and WHEREAS, the meeting of October 13, 2008, falls on the legal holiday of Columbus +.� Day; and WHEREAS, Section 1.2 of the 'Town Board Rules states "In the event that a Regular Meeting date falls on a legal holiday, as recognized by the State of New York, the Town Board shall reschedule the date of such meeting at a previous Board meeting"; and WHEREAS, the Town Board has committed to completing the revisions to the Town Comprehensive Plan and relative zoning amendments in accordance with advice from the Town Planning Consultant. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby cancels the Town of Wappinger Town Board meeting scheduled for Monday, October 13, 2008. BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Special Town Board Meeting for Wednesday, October 15, 2008, to commence at 7:00 PM for matters related to the Comprehensive Plan revision process. BE IT FURTHER RESOLVED, that the Town Board hereby directs the Town Clerk to provide notification of the amended schedule to the Town of Wappinger official newspapers, the Southern Dutchess News and the Poughkeepsie Journal, other news media and post the meeting schedule on the official sign board maintained by the Town Clerk at Town Hall immediately herewith. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-276 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 El El El ❑ Adopted as Amended William Beale Voter 0 ❑ El El Defeated Vincent Bettina Seconder 0 El ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ EJ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. Town of fl'nppinger Page 13 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 Motion To: amend Resolution 2008-277 to include a Public Hearing date RESULT: ADOPTED [UNANIMOUS1 MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni RESOLUTION: 2008-277 Resolution Introducing Local Law No. of the Year 2008, Revising Fees for Copying Town Records WHEREAS, the Town of Wappinger may charge the actual cost of reproduction for records that are greater in size than nine inches by fourteen inches and for records that are not in a paper medium in accordance with Public Officers Law §87(1)(b)(iii); and WHEREAS, the fees for the certification of copies does not adequately compensate the Town for the expenses incurred; and WHEREAS, the Town Board has determined that it is in the best interest of the Town to amend the fee schedule to allow for charging the fees actually incurred for copying. 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 hereby introduces for consideration of its adoption proposed Local Law No. of the Year 2008 in the form annexed hereto; except as specifically modified by the amendments contained therein, Chapter 30 of the Town of Wappinger Code as adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 3. The Town Board hereby determines that the enactment of the aforesaid Local Law is an Unlisted Action pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA), 6 NYCRR Part 617 and Local Law No. 6 of 1992 (WEQR). The Town Board defers its decision to make a detennination of significance pursuant to SEQRA until after the conclusion of the Public Hearing. 4. The Town Board hereby schedules a Public Hearing regarding the proposed adoption of the annexed Local Law No. of 2008 for 7:00 P.M., on the 15t1i day of October 2008, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed to post a Notice of Public Hearing in the forth annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) days prior to said public hearing date. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-277 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted Amended Christopher Colsey seconder D ❑ ❑ ❑ as William Beale Voter Rl ❑ ❑ El El Defeated ❑ Tabled Vincent Bettina Voter D ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 21 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-278 Resolution Authorizing the Town of Wappinger Highway Department to Participate in the Dutchess County Highway Snow and Ice Control Program for the Winter Season 2008 WHEREAS, the Town Superintendent of Highways has been requested by the County of Dutchess to participate in the regional County Highway Snow and Ice Control Program within the boundaries of the Town of Wappinger; and WHEREAS, logically, an earlier or sooner response factor can be provided by Town units and personnel within the locales thereby benefiting the overall safety and welfare of town residents and local community interest; and To wit of Wappinger Page 14 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 WHEREAS, such participation by the Town of Wappinger in removing snow from designated County Highways, and by sanding and salting or otherwise treating them for the purpose of maintaining highway safety and accessibility for emergency services, is specifically authorized by Article 6, Section 135 of the New York State Highway Law. NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger Highway Superintendent be and is herein authorized to perfonn such work as is found necessary, at hourly rates as agreed upon by the Town and the County for the renting and hiring of such equipment for the Winter season 2008. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-278 Yes/Aye No/Nay Abstain Absent 21 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn McCarthy Voter D El El El Joseph Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-279 Recommendation of the Town Board in Respect to the Settlement of Litigation Involving the Cranberry Hills, LLC Subdivision WHEREAS, the Cranberry Hills, LLC subdivision is a 322.67 acre parcel of land located within an R-20 Residential Zoning District, identified as Tax Map No. 135689-6158-04-951382- 0000 and is bounded by Myers Corners Road to the south and Widmer Road to the north, within the Town of Wappinger, Dutchess County, New York; and WHEREAS, the original application, submitted by DWS New York Holdings, Inc., was dated December 19, 1974, for authority to develop a cluster subdivision pursuant to Section 281 �..• of the Town Law; and WHEREAS, the Town Board approved, by Resolution dated February 18, 1975, and amended April 17, 1975, an approval to design said subdivision as a cluster development proposal; and WHEREAS, the Planning Board adopted a Resolution of Final Approval on December 5, 1983, and the Final Plat reflecting a total of 550 building lots was filed with the County Clerk, Division of Land Records; and WHEREAS, the Applicant officially abandoned the 550 lots in January of 2002; and WHEREAS, after holding a public hearing, the Town Board adopted Local Law No. 14 of 2002, thereby granting approval to the Planning Board to permit a Conservation Subdivision for the Cranberry Hills, LLC subdivision, subject to certain conditions set forth therein, on October 15, 2002; and WHEREAS, the Planning Board adopted a Resolution of Conditional Preliminary Approval on October 21, 2002; and WHEREAS, the Planning Board adopted a Resolution of Final Subdivision Approval on December 12, 2006 for a 232 lot subdivision on the 322.67 acre parcel with lots ranging from 0.24 acres (10,500 square feet) to 8.35 acres in area; and WHEREAS, the Planning Board Chairman determined the conditions within the Resolution of Final Subdivision Approval to not be adequately fulfilled and refused to sign the proposed Final Subdivision Plat in accordance with New York State Town Law §276(7)(c); and WHEREAS, in response to said determination by the Planning Board Chairman, the applicant for Cranberry Hills Subdivision, LLC filed for a Judgment Pursuant to Article 78 of the ..� Civil Practice and Rules against the Planning Board of the Town of Wappinger and the Planning Board Chairman with the Supreme Court of the State of New York, County of Westchester, Index No. 306/2008; and WHEREAS, the Attorney to the Town of Wappinger filed the Respondent's Memorandum of Law in Support of Motion to Dismiss the Petition on behalf of the Town of Wappinger, on February 27, 2008; and WHEREAS, the Supreme Court of the State of New York, County of Westchester, issued an Order denying the Petition of the Applicant in its entirety and granting the Respondent's Motion to Dismiss, on May 20, 2008; and WHEREAS, the Applicant filed a Notice of Appeal thereby extending the current Tovn o/.Wappinger Page 15 Primed 10/7/2008 Regular Meeting Minutes September 22, 2008 litigation; and WHEREAS, in accordance with the New York State Public Officers Law, Article 7 (Open Meetings Law), Section §105, Conduct of Executive Sessions, (d), the Town of Wappinger Town Board held an Executive Session in respect to the topic of pending litigation involving Cranberry Hills, LLC. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby provides a recommendation to the Town of Wappinger Planning Board to settle the present litigation in accordance with the proposal as outlined in the July 18, 2008 letter, as proffered by the Applicant, because the Town Board believes that entering into said settlement provides a number of benefits and is in the best interests of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-279 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Yes/Aye No/Nay Abstain Absent 23 Adopted Christopher Colsey Voter Z ❑ ❑ ❑ ❑ Adopted as Amended William Beale seconder Z ❑ El ❑ Defeated F-1 Vincent Bettina Initiator Z ❑ 11 Tabled 11 withdrawn Maureen McCarthy Voter ❑ 0 ❑ El Joseph Paoloni Voter ❑ ❑ ❑ D Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. Motion To: table Resolution 2008-280 and Resolution 2008-281 until atter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni RESOLUTION: 2008-282 Resolution Requesting New York State Department of Transportation to Authorize a Town Wide Speed Limit of 30 MPH WHEREAS, the Town Board has received numerous concerns and requests from residents of the Town of Wappinger that the speed limit on all roads within the Town be lowered to 30 mph, and particularly those roads commonly referred to as "cut through" roads, such as Spook Hill Road, Montfort Road, Lossee Road, St. Nicholas Road and DeGarmo Hills Road; and WHEREAS, the jurisdiction to establish a town wide speed limit vests with the New York State Department of Transportation; and WHEREAS, the New York State Department of Transportation has previously set a town wide speed limit at 30 mph except for the roads identified on Schedule "1" attached hereto; and WHEREAS, the Town Board detennines that it is in the best interest of the traveling public, and for the general public health, safety and welfare of the residents of the Town of Wappinger, to request that the New York State Department of Transportation establish 30 mph as a town wide speed limit on all roads within the Town of Wappinger, and that the New York State Department of Transportation undertake any necessary studies to support a town wide speed limit of 30 mph. NOW, THEREFORE, BE 1T RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby requests that the New York State Department of Transportation formally establish a town wide speed limit of 30 mph on all roads within the Town of Wappinger, and to conduct any necessary studies to support a 30 mph speed limit throughout the Town. 3. The Town Board hereby authorizes Supervisor Christopher J. Colsey to submit a written request to the New York State Department of Transportation, on behalf of the Town, to establish a town wide speed limit of 30 mph for all roads within the Town of Wappinger. T,)wn of Wappinger Page 16 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-282 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ El El Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator D El El El Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ El Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-283 Resolution Accepting Roads, Easements, Utilities and Other Public Improvements in Phase IV of the Lee Knolls Subdivision Together with Maintenance Agreement Secured by Letter of Credit WHEREAS, Paul Hunt had previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision map entitled "Lee Knolls Phase IV" prepared by Oswald & Gillespie, P.C., dated December 10, 2001, last revised October 21, 2002 (hereinafter the "Subdivision")-, and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Plat Approval for the Subdivision, by Resolution dated March 18, 2002, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as shown on the aforesaid Subdivision Map and related drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town; and WHEREAS, O'Donnell Builders of Dutchess, Inc., purchased the subdivision and has completed development of the subdivision, including all of the improvements as required by the Resolution of Final Subdivision Plat Approval dated March 18, 2002; and WHEREAS, the Town Board has detennined it is in the best interests of the residents of the Town of Wappinger, particularly the residents of the Phase IV of the Lee Knolls Subdivision, to accept the roads, easements, utilities and other improvements that have been constructed within this subdivision; and WHEREAS, pursuant to the Subdivision Regulations of the Town of Wappinger, O'Donnell Builders of Dutchess, Inc. is required to guarantee that the quality and workmanship of the improvements accepted by the Town will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, to secure the obligations to guarantee the quality and workmanship of the improvements, O'Donnell Builders of Dutchess, Inc. has executed a Maintenance Agreement secured by a Letter of Credit issued by M&T Bank bearing No. SB -906323-2000 in the sum of Twenty -Three Thousand, Three Hundred Twenty -Eight Dollars and 00/100 ($23,328.00), in favor of the Town of Wappinger, securing the obligations in the Maintenance Agreement 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 detennines that it is in the best interests of the residents of the Town of Wappinger, particularly the residents of Phase IV of the Lee Knolls Subdivision, to accept the roads, easements, utilities and other related improvements made and constructed in connection with said Subdivision and hereby accepts same upon delivery of the original Maintenance Agreement secured by a Letter of Credit, above mentioned. 3. The Town Supervisor, Christopher Colsey, the Engineer to the Town, Robert J. Gray, and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds and easements, and any related bills of sales, recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary for such recording and/or filing. 4. The Maintenance Agreement executed by O'Donnell Builders of Dutchess. Inc., with an office at Summerlin Plaza, Suite 216, 942 Route 376, Wappingers Falls, New York, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guaranty that the quality and workmanship of the improvements will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town as required by the Subdivision Regulations of the Town of Wappinger. Torn of Wappinger Page 17 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 5. The Irrevocable Letter of Credit issued by M&T Savings Bank, bearing No. SB - 906323 -2000 and issued in favor of the Town of Wappinger in the sum of Twenty -Three Thousand, Three Hundred Twenty -Eight Dollars and 00/100 ($23,328.00) securing the obligation set forth in the Maintenance Agreement, is hereby accepted as security for the faithful obligation set forth in the Maintenance Agreement. 6. The Town Board hereby acknowledges that O'Donnell Builders of Dutchess, Inc. has completed all of the work required by the Planning Board's Resolution of Final Conditional Subdivision Plat Approval and that the Perfonnance Agreement executed by Paul Hunt has been fully honored and the duties under that agreement have been discharged and the Town Board hereby authorizes the Town Clerk to release any Letter of Credit posted as security for said Performance Agreement upon the Town Clerk's receipt of the above referenced Irrevocable Letter of Credit in the forni acceptable to the Attorney of the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-283 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale seconder 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator El ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter R ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. IX. Items for Special Consideration Motion To: add an item for stop signs to the Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni Motion To: have Town Attorney draw up a Resolution for traffic signs RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni X. New Business Councilman Beale New Business Councilman Beale asked that the Town Board investigate the option of purchasing fuel from Dutchess County. Councilman Bettina agreed. Discussion followed. Graham Foster, Highway Superintendent, will help the Supervisor in looking into this. Councilman Bettina New Business Councilman Bettina would like to look into possible fuel savings by closing Carnwath from November until the Spring. He would like that on the next Agenda. Councilwoman McCarthy New Business Councilwoman McCarthy has had requests from residents in the Carroll Drive Town of Wappinger" Page 18 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 intersection with Balfour Drive asking for a four-way stop sign. Graham Foster, Highway Superintendent, and Bob Gray, Engineer to the Town, will take a look at that and give a recommendation. Councilman Beale New Business Councilman Beale asked that the intersection at Marlorville Road and Connor Road be looked at for a possible stop sign. Discussion followed. Graham Foster New Business Graham Foster, Highway Superintendent, commented that the Engineer to the Town, Bob Gray, was asked to come up with estimates for a bid for the Highway Department. Mr. Foster does not feel that Mr. Gray has time to complete his book, get it out to bid, come back with estimates, have the Board make a decision and get everything done in time for the cold season. He thinks the Town should be exploring temporary heat in the meantime. Discussion followed. XI. Executive Session Motion To: go into Executive Session at 10:43 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni A. MTBE Litigation RESOLUTION: 2008-285 Executive Session Resolution (MTBE/Total) CONFIDENTIAL The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-285 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 El ❑ El Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withd��wn Maureen McCarthy Initiator D ❑ El El Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-286 Executive Session Resolution (Crown) CONFIDENTIAL Town of Wappinger Page 19 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-286 0 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ El❑ ❑ Defeated William Beale Initiator 23 ❑ ❑ ❑ El Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdiawn Maureen McCarthy Seconder Z ❑ ❑ ❑ Josc h Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. B. Rail Trail Contract C. Personnel Issue Motion To: come out of Executive Session at 10:44 PM RESULT: ADOPTED [UNANIMOUS) MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni XII. Resolutions RESOLUTION: 2008-280 MTBE Settlement Resolution (Crown) WHEREAS, traces of by methyl -tertiary butyl -ether (MTBE), tributyl alcohol (TBA) and other contaminants have been found in certain wells in the public water supply serving the United Wappinger Water District; and WHEREAS, the Town Board, by resolution dated February 9, 2004, retained the legal services of the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. (hereinafter "Special Counsel") to commence litigation on behalf of the Town of Wappinger and represent the Town in a class action lawsuit for all damages sustained by the Town as a result of the loss of use of groundwater because of contamination of MTBE, TBA and other contaminates in accordance; and WHEREAS, said litigation was commenced against numerous Defendants in the United States District Court for the Southern District of New York under the caption In re Methyl Tertiary Butyl Ether ("MTBE') Products Liability Litigation, Master File No. 1:00-1898 MDL 1358 (SAS), M21-88 (hereinafter the "Action"); and WHEREAS, after substantial litigation, Special Counsel has negotiated a proposed settlement of the Action against Defendant Crown Central Petroleum Corporation (hereinafter "Crown"), and the action continues against other Defendants, including Exxon/Mobil; and WHEREAS, Special Counsel has provided the Town Board and the Attorney to the Town the Settlement Agreement and a Release and Indemnity Agreement (the "Settlement Documents") for their review and consideration, the terms of which are confidential until a final settlement is reached; and WHEREAS, Special Counsel and the Attorney to the Town advise and recommend that the terms of the Settlement Documents are fair and reasonable and should be accepted; and WHEREAS, the Attorney to the Town appeared at a duly called executive session on this date and discussed the Settlement Documents with the Town Board; and WHEREAS, the Town Board determines that it is in the best interest of the Town of Wappinger to settle the Action against Total and Crown in accordance with the ten -ns of the Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set room (/f Wappinger Page 20 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 forth and adopted herein. 2. The Town Board hereby confirms the actions it has taken in Executive Session this evening and hereby determines that it is in the best interests of the Town to settle with Total and Crown and hereby authorizes the Supervisor, on behalf of the Town of Wappinger, to execute the Settlement Agreement as negotiated by Special Counsel, Weitz & Luxenberg, P.C. and Baron & Budd., P.C., a copy of which has been reviewed and approved by the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-280 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 El ❑ 11 Adopted as Amended William Beale Voter Rl ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 El ❑ ❑ Tabled Maureen McCatthy Initiator 0 ❑ El ❑ withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-281 Regular Session Resolution (MTBE/TOTAL) WHEREAS, traces of by methyl -tertiary butyl -ether (MTBE), tributyl alcohol (TBA) and other contaminants have been found in certain wells in the public water supply serving the United Wappinger Water District; and WHEREAS, the Town Board, by resolution dated February 9, 2004, retained the legal services of the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. (hereinafter "Special Counsel") to commence litigation on behalf of the Town of Wappinger and represent the Town in a class action lawsuit for all damages sustained by the Town as a result of the loss of use of groundwater because of contamination of MTBE, TBA and other contaminates in accordance; and �••• WHEREAS, said litigation was commenced against numerous Defendants in the United States District Court for the Southern District of New York under the caption In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigalion, Master File No. 1:00-1898 MDL 1358 (SAS), M21-88 (hereinafter the "Action"), and WHEREAS, after substantial litigation, Special Counsel has negotiated a proposed settlement of the Action against Defendant TOTAL Petrochemicals USA, Inc. (hereinafter "Total"), and the action continues against other Defendants, including Exxon/Mobil; and WHEREAS, Special Counsel has provided the Town Board and the Attorney to the Town a Settlement Agreements and a Release and Indemnity Agreement (the "Settlement Documents") for their review and consideration, the terms of which are confidential until a final settlement is reached; and WHEREAS, Special Counsel and the Attorney to the Town advise and recommend that the terms of the Settlement Documents are fair and reasonable and should be accepted; and WHEREAS, the Attorney to the Town appeared at a duly called executive session on this date and discussed the Settlement Documents with the Town Board; and WHEREAS, the Town Board determines that it is in the best interest of the residents of the Town of Wappinger to settle the Action against Total in accordance with the terms of the Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the actions it has taken in Executive Session ..� this evening and hereby determines that it is in the best interests of the Town to settle with TOTAL Petrochemicals USA, Inc. and hereby authorizes the Supervisor, on behalf of the Town of Wappinger, to execute the Settlement Documents that were negotiated by Special Counsel, Weitz & Luxenberg, P.C. and Baron & Budd., P.C., a copy of which has been reviewed and approved by the Town Board. Town of Wappinger Page 21 Prinled 101712008 Regular Meeting Minutes September 22, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-281 El Adopted Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter Q ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter D ❑ ❑ ❑ ❑ Defeated El ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder Z ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. XIII. Town Board Audit of Vouchers RESOLUTION: 2008-287 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2008 WHEREAS, pursuant to Town Law §119, which sets forth the procedure for the auditing of claims and issuance of warrants where there is no Town Comptroller, the Town Board must audit the claims and issue the warrants for the payment of said claims; and WHEREAS, since the office of the Town Comptroller has been vacant through July 1, 2008, and the duties of auditing claims presented to the Town, and the issuing of warrants authorizing the payment of said claims and bills must be approved by the Town Board; and WHEREAS, the Town Board has found that all the claims are just and accurate, has directed the Town Accounting Department to prepare an abstract of the audited claims, specifying the number of the claim, the name of the claimant, the amount allowed and the fund and appropriation account chargeable therewith NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby confirms that it has previously audited and approved all the vouchers as identified in the abstracts as provided to the Town Board in support of this Resolution as follows: 1. Abstract 21139 with a total of One Hundred Eighty -Eight Thousand, Three Hundred Thirty -Seven Dollars and 54/100 ($188,337.54); 2. Abstract 21140 with a total of Forty -Two Thousand, Two Hundred Thirty - Two Dollars and 69/100 ($42,232.69); 3. Abstract 21141 with a total of Fifty -Six Thousand, Thirty -Three Dollars and 69/100 ($56,033.69); and, 4. Abstract 21142 with a total of One Hundred Twenty -Four Thousand, Fifty Four Dollars and 29/100 ($124,054.29). BE IT FURTHER RESOLVED, the Town Board hereby authorizes the Town of Wappinger Accounting Department to transfer the respective funds into the General Disbursement Fund (GDF) to pay all claims as outlined in Abstracts 21139 through 21142. BE IT FURTHER RESOLVED, the Town Board hereby authorizes the issuance of warrants in accordance with the abstracts identified herein and then shall direct same to Supervisor Christopher Colsey and authorize and direct him to pay the claimant(s) the amount allowed upon their claim. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-287 El Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colsey Voter Rl El ❑ El Defeated William Beale Voter Lel ❑ ❑ ❑ C3 Tabled Vincent Bettina Initiator 2 ❑ El ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ Q Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. Tcnenr of Wappinrger Page 22 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 RESOLUTION: 2008-288 Resolution Approving Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Vendor A AM B DB HN LC LD LH CAMO Pollution $1,910.00 CAMO Pollution CAMO Pollution $620.00 CAMO Pollution CAMO Pollution CAMO Pollution NYComco CAMO Pollution $860.39 USA Mobility NYComco $559.00 $1,310.00 USA Mobility $26.73 Frontier Commun Royal Carting $15,792.32 Orkin Pest Control Frontier Commun $22.77 Sedore Signal Graphics $133.07 $300.00 Orkin Pest Control $125.63 Al Roberts Sedore $5,245.00 $132.00 Al Roberts James Baisley $2,953.50 Al Roberts James Baisley Al Roberts $140.00 $107.50 Al Roberts $12,200.46 $383.59 $3,844.31 $198.00 Al Roberts $94.40 Al Roberts $42.90 $412.50 Al Roberts Al Roberts $198.00 Al Roberts $150.50 Al Roberts $33.00 Al Roberts Al Roberts $709.50 $200.83 Superior Telephone $190.00 Arkel Motors $18.86 Adams Power Equip $17.99 Williams Lumber $88.32 Lowe's Home Ctr $84.00 Tilcon $1,426.52 Hudson Vly Cncl Band $300.00 Staples $199.99 Staples $136.77 Staples $44.94 Staples $46.54 Staples $122.00 Zee Medical $106.53 Software Consulting $1,300.00 Atlastar $68.00 Transcare $32,916.66 Community Energy $1.71 $42.45 $125.62 Don Kortright $140.00 Z3 Consultants $412.50 Taylor Recycling $46,766.95 Pipes/Drums Band $1,100.00 Conneticut Glf Ctr $150.00 Jeannete Caballero Totals 1 $39,716.02 $33,300.25 1 $5,697.25 1 $3,321.70 1 $46,766.95 1 $1.71 1 $42.45 1 $125.62 Vendor SI SR SV T92 WF WU CAMO Pollution $1,910.00 CAMO Pollution CAMO Pollution $410.00 CAMO Pollution NYComco USA Mobility Royal Carting Frontier Commun Signal Graphics Orkin Pest Control Sedore James Baisley $300.00 James Baisley Al Roberts $132.00 Al Roberts $2,953.50 Al Roberts Al Roberts $107.50 Al Roberts Al Roberts $94.40 $77.20 $42.90 Al Roberts Superior Telephone Totirn of Wappinger Page 23 Printed 101712008 Regular Meeting Minutes September 22, 2008 Totals 1 $394.40 1 $77.20 1 $42.90 1 $3,061.00 1 $132.00 1 $2,320.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-288 A B DB T92 T96 Adopted $62.52 Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter Q ❑ ❑ ❑ ❑ Defeated William Beale Voter ❑ ❑ El ❑ Tabled Vincent Bettina seconder D ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-284 Resolution Approving Abstract and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Vendor A B DB T92 T96 Central Hudson $62.52 Central Hudson $70.43 Central Hudson $440.99 Central Hudson $2,890.72 Office of Aging $10,278.24 Empire Health $4,074.18 $2,058.30 $8,291.92 Platts Locksmith $35.10 Poughkeepsie Jrnl $146.35 James Baisley $675.00 Healthquest $66.00 $60.00 $174.00 Carquest $24.44 $138.60 Carquest $2.19 $114.83 $130.85 Greater Sth Dtch $315.00 Hyatts Garage $227.50 Ruge's Auto Parts $26.00 $38.56 Arkel Motors $631.40 Old State Auto $21.00 $40.00 Tilcon $3,190.37 Staples $10.73 Dell $17,809.84 Dell $1,190.40 Conrad Geoscience $480.75 Cablevision $259.65 Snap On Tools $178.00 I'(, it'll of Wappingei- Page 24 Printed 10/7/2008 Regular Meeting Minutes September 22, 2008 Vendor Van Kleeck's Tire B DB $49.71 T96 Clark Pattersn Lee $1,750.50 Eileen Manning No/Na y° $48.50 Verizon Wireless $401.06 $727.00 Voter 2 Jaclyn Smith NYSBOC $253.01 El Defeated William Beale Voter Q David Montfort Compass Trks Tire $122.50 $366.46 Vincent Bettina seconder Van DeWater & Van DeWater El $250.00 Big Top Port Toilets ❑ Withdrawn $250.00 Initiator 0 ❑ ❑ ❑ Stormwater Mngmnt Joseph Paoloni $1,675.00 ❑ ❑ ❑ p Stormwater Mngmnt $100.00 Stormwater Mngmnt $1,025.00 Stormwater Mngmnt $150.00 Clark Pattersn Lee $4,458.10 $375.00 Vendor A B DB T92 T96 Clark Pattersn Lee $1,750.50 Yes/Aye No/Na y° Abstain Verizon Wireless $401.06 $727.00 Voter 2 11 NYSBOC $175.00 El Defeated William Beale Voter Q David Montfort 11 $366.46 Vincent Bettina seconder Van DeWater & Van DeWater El $250.00 ❑ ❑ Withdrawn Maureen McCaalry Totals 1 $37,196.84 1 $9,921.85 1 $14,128.91 1$4,608.10 $475.00 $66,330.70 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-284 El Adopted Yes/Aye No/Na y° Abstain Absent Adopted as Amended Christopher Colsey Voter 2 11 ElEl El Defeated William Beale Voter Q ❑ 11 El Tabled Vincent Bettina seconder 0 El ❑ ❑ Withdrawn Maureen McCaalry Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ p Dated: Wappingers Falls, New York September 22, 2008 The Resolution is hereby duly declared adopted. XIV. Adjournment Motion To: Adjourn RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Maureen McCarthy ABSENT: Joseph Paoloni The meeting adjourned at 11:50 PM. Q�exk—" ohn C. Masterson Town Clerk Town ofWappinger Page 25 Printed /0/7/2008