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2005-12-19 RGMSUPERVISOR JOSEPH RUGGIERO 1UVviN "r Vitll .1. 11\ Liv SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-2744 FAX: (845) 297-4558 Monday, December 19, 2005 -_ 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items Receipt and Approval of Minutes October 24, 2005 Regular Meeting November 28, 2005 Regular Meeting December 5; 2005 Special Meeting Correspondence Log 2005CL-356 to 2005CL-365 TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI -------D iscussions • Building Department Software Upgrades - National Geomatica • Kendall Farms Easement Special Legislation Conservation District — Al Roberts, Jay Paggi i Resolutions: 2005-178 Resolution Requesting Special Legislation to Authorize Construction of Water and Sewer Lines in Kendell Farms Conservation District 2005-181 Resolution Accepting Correspondence Log 2005-182 Resolution Setting Public Hearing for Amendments t6the Comprehensive Plan Regarding Farm Land Protection 2005-183 Resolution Authorizing Escrow Refund for Ultra Craft Homes 2005-184 Resolution Designating Dutchess County as Lead Agency for Empire Zone 2005-185 Resolution of Support and Concurrence with the Poughkeepsie/Dutchess Empire Zone 2005-186 Resolution Authorizing Public Hearing for Assessment Rolls and Proposed Budget for Special Improvement Districts 2005-187 Resolution Introducing Local Law Establishing Water Rate Structure for Fleetwood, Tall Trees and Watch Hill 2005-188 Resolution Setting a Public Hearing for Sewer Rent Schedule for 2006 I New Business/Comments j Executive Session • Absolute — vs- Town of Wappinger — Manny Saris • Personnel Matter Adjournment 12/19/2005 RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on December 19, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:40 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman John C. Masterson, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Valdati moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilwoman McCarthy and unanimously carried. RECEIPT AND APPROVAL OF MINUTES The Minutes of the Town Board Meeting of October 24, 2005, Town Board Meeting of November 28, 2005, and Special Meeting of December 5, 2005, having previously been forwarded to the Board Members, was now placed before them for their consideration. Councilwoman McCarthy moved to accept the Minutes, seconded by Councilman Bettina and unanimously carried. CORRESPONDENCE LOG: 2005CL-356 TO 2005CL-365 (see attached) DISCUSSIONS: • Building Department Software Up grades- National Geomatica—John Reimer of National Geomatica gave a presentation on upgrading Software for the Building Department. • Kendall Farms Easement Special Legislation Conservation District.— Al Roberts, Attorney to the Town, explained that Shamrock Hills Subdivision wished to install a water main and sewer force main along a portion of the easterly and southerly boundary of the Kendall Farm Conservation District property. Since it's a park district, the office of parks recommends special legislation would be needed for disturbing a park area. Jay Paggi, Engineer to the Town indicated that installation of the water line and sewer force main would be beneficial to the operation of the Town of Wappinger Central Water System and recommends its installation. A resolution requesting Special Legislation has been prepared for tonight's meeting. 1 12/19/2005 RGM At the last Town Board Meeting Resolution 2005-178 was tabled by the Town Board. Councilman Valdati moved to un -table Resolution 2005-178, seconded by Councilwoman McCarthy and unanimously carried. RESOLUTION NO. 2005-178 RESOLUTION REQUESTING SPECIAL LEGISLATION TO PERMIT CONSTRUCTION & INSTALLATION OF WATER LINE & SEWER LINE THROUGH THE KENDALL FARMS CONSERVATION DISTRICT The following Resolution introduced by Councilwoman McCarthy was and seconded by Councilman Paoloni. WHEREAS, Shamrock of Dutchess, LLC has received conditional final subdivision approval for a 63 Lot residential subdivision Known as a Shamrock Hills Subdivision; and WHEREAS, the Shamrock Hills Subdivision is located contiguous to and to the immediate east of property owned by Kendall Farms Conservation District, an administrative unit of the Town of Wappinger; and WHEREAS, the Kendall Farms conservation District is Park District established pursuant to Article 12 of the Town Law; and WHEREAS, the primary purpose of the Kendall Farms Conservation District was to hold title to a parcel of land which was to remain wild and in its natural state; and WHEREAS, Shamrock of Dutchess, LLC has proposed to construct water main and a sewer force main along a portion of the easterly and southerly boundary of the Kendall Farm Conservation District property, in accordance with an "Off Site Improvement Plan" dated March 18, 2005 prepared by Povall Engineering, PLLC, a copy of which is affixed to this Resolution as Exhibit "A"; and WHEREAS, Joseph E. Paggi, Jr., Engineer to the Town of Wappinger has indicated the installation of the water line and sewer force main as above described, would greatly facilitate interconnection of this subdivision with existing Town Water and sewer systems; and WHEREAS, Joseph E. Paggi, Jr. has noted that the only possible alternative would be to construct and install these lines along the northerly shoulder of Old Hopewell Road (County Route 28) which Right -Of -Way is already saturated with other utility lines, i.e. telephone, gas, electric, cable etc.; and WHEREAS, Joseph E. Paggi, Jr., has also confirmed that the installation of the water line through the Kendall Farms property would be a great benefit to the operation of the Town of Wappinger Central Water System and recommends its installation; and WHEREAS, the Town Board supports the installation of the water and sewer force main. NOW, THEREFORE, BE IT RESOLVED as follows: 2 12/19/2005 RGM 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. The Town Board hereby requests that its Local Legislative Representatives, Hon. Stephen M. Saland, Senator, an Hon. Joel Miller, Assemblyman, introduce appropriate legislation which would permit installation of a water main and sewer force main along a portion of the easterly and southerly boundary of property owned by the Kendall Farms Conservation District duly formed pursuant to Article 12 of the Town Law, an administrative unit of the Town of Wappinger, in accordance with the Off Site Improvement Plan attached hereto as Exhibit "A". 3. The Town Clerk is directed to send a certified copy of this Resolution to the Hon. Stephen M. Saland, Senator, and the Hon. Joel Miller, Assemblymen. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-181 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. NOW, THEREFORE, BE IT RESOLVED, as follows: that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-182 RESOLUTION SETTING PUBLIC HEARING FOR AMENDMENTS TO THE COMPREHENSIVE PLAN REGARDING FARM LAND PROTECTION The following resolution was moved by Councilman Valdati and seconded by Councilman Paoloni. 3 12/19/2005 RGM WHEREAS, the Town Board wishes to amend the Goals and Objectives of the Town of Wappinger Comprehensive Plan to add the following goal and objectives to page 17, which shall read as follows: 13. Goal: Protect farms and agricultural lands. Objectives: - Purchase or transfer development rights from farms to permanently protect agricultural land and compensate landowners for the equity in their land. Encourage the economic viability of local agriculture. Preserve as many operating farms as possible. Create incentives for landowners to maintain land in agricultural use, keeping it affordable so a new generation of farmers can begin or continue farming. Discourage incompatible nearby land uses which have the potential to place burdensome pressures on farming activities; and WHEREAS, the Town Board wishes to amend the Open Space Plan of the Town of Wappinger Comprehensive Plan to add text at the bottom of page 25, which shall read as follows: Farmland protection can also contribute to maintaining open space in the community. Forested areas, wetlands, steep slopes and other natural areas are generally better protected by the low -intensity land uses of agriculture. Farms, in turn, benefit from the buffering effect of natural areas. Farms contribute to the scenic character of the community, maintain open areas which provide views and vistas, and produce agricultural products for local consumption. Though fewer in number than in previous decades, farms in Wappinger continue to provide local jobs and local income, and stimulate a demand for local services to farm operations. The Town can protect the remaining farms in Wappinger by working to discourage land - use conflicts near farms and agricultural lands and by encouraging the economic viability of the business of farming through incentives, such as purchasing or transferring of development rights from the farms; and WHEREAS, the Town Board wishes to amend the "Implementation" section, specifically the section under "Additional Methods" on page 27, to add the following: 4 12/19/2005 RGM - Purchase of development rights or farmland conservation easements - Facilitation of the donation of farmland conservation easements; and WHEREAS, the Town Board determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Resolution No. 2005-182 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Comprehensive Plan as originally 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. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearings on the proposed amendments to the Comprehensive Plan. 3. The Town Board hereby schedules two (2) public hearings regarding the adoption of the annexed proposed Resolution No. 2006- for 7:30 PM on the 9th day of January, 2006 and on the 10th day of January, 2006 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing dates. 4. The Town Board hereby directs the Town Clerk to serve a copy of this resolution, the annexed proposed Resolution, and the public hearing notices to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Maureen McCarthy, Councilman Voting Voting Aye Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-183 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR ULTRA CRAFT HOMES 5 12119/2005 RGM The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, on or about December 31, 2002 Mr. Fred Straub deposited Three Thousand Five Hundred and 00/100 ($3,500.00) with the Town of Wappinger for seeding and a dispersion trench for the property located at 6 Carmel Heights, and WHEREAS, on or about July 15, 2003 Mr. Fred Straub has deposited in the amount of Two Thousand Five Hundred and 00/100 ($2,500.00) for seeding and dispersion trench for the property located at 8 Carmel Heights, and WHEREAS, on or about January 25, 2005 Mr. Fred Straub has deposited Two Thousand Five Hundred and 00/100 ($2,500.00) for a catch basin and seeding for the property located at 11 Carmel Heights, and WHEREAS, on or about September 15, 2005 Fred Straub deposited Twelve Thousand and 00/100 ($12,000.00) for seeding and a catch basin for the property located at 7 Carmel Heights, and WHEREAS, on or about January 25, 2003 Fred Straub deposited Eighteen Thousand Five Hundred and 00/100 ($18,500.00) for grading, a retaining wall, seeding, and paving of driveway for the property located at 16 Carmel Heights, and NOW, THEREFORE, BE IT RESOLVED, as follows 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the sum of Thirty Nine Thousand dollars and 00/100 ($39,000.00) made payable to Mr. Fred Straub, of Ultra Craft Homes, for Account Numbers 02-268, 02-687, 04-808, 04-813, and 02-045 for the refund of the unused escrow funds deposited for the properties located at 6 Carmel Heights, 8 Carmel Heights, 11 Carmel Heights, and 16 Carmel Heights. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-184 RESOLUTION AUTHORIZING DUTCHESS COUNTY TO SERVE AS LEAD AGENCY The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina n 12/19/2005 RGM WHEREAS, the Dutchess County Legislature has proposed a Local Law to revise the boundaries of the Poughkeepsie/Dutchess Empire (formerly Economic Development) Zone; and WHEREAS, the Town of Wappinger is an Interested Party inasmuch as the revised zone boundaries (2005 Redesignation) will affect properties within the Town of Wappinger as indicated on Schedule "J" on the Poughkeepsie Dutchess Empire Zone Designation Property List; and WHEREAS, the Dutchess County Legislature has made a determination that Dutchess County is the most appropriate agency to conduct the State Environment Quality Review (SEQRA) of this boundary revision; and WHEREAS, the Town of Wappinger consents to Dutchess County serving as Lead Agency in this project. 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 consents to Dutchess County serving as Lead Agency on the proposed Local Law submitted by the Dutchess County Legislature revising the boundaries of the Poughkeepsie/Dutchess Empire Zone, and Supervisor Joseph Ruggiero is hereby authorized to execute the SEQRA Coordination Request Form in the form attached hereto consenting to Dutchess County serving as Lead Agency for the 2005 Redesignation as indicated on Schedule "J" on the Poughkeepsie Dutchess Empire Zone Designation Property List. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-185 RESOLUTION OF SUPPORT AND CONCURRENCE WITH THE POUGHKEEPSIE/DUTCHESS EMPIRE ZONE The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, New York State created the Economic Development Zone program to encourage industrial and commercial development in selected municipalities across the State, and WHEREAS, Dutchess County, as an eligible municipality, received a designation as County -Level Zone for the Poughkeepsie/Dutchess Economic 7 12/19/2005 RGM Development Zone (now Empire Zone) which has from time to time been amended, and WHEREAS, New York State has amended the law governing the Zone Program (General Municipal Law, Article 18-B) to require the designation of distinct and separate contiguous areas as development zones to be within the Poughkeepsie/Dutchess Empire demonstration of need for such additional area as a development zone to be within the Poughkeepsie/Dutchess Empire Zone, and WHEREAS, Dutchess County is considering an application to revise the Poughkeepsie/Dutchess Empire Zone Boundaries to designate six (6) distinct and separate contiguous areas and to add one additional distinct and separate area, upon the demonstration of need for such area as development zones to be within the Poughkeepsie/Dutchess Empire Zone as provided in the law to encourage industrial and commercial development, and WHEREAS, Development Zones would be within the Cities of Beacon and Poughkeepsie and the Towns of Dover, East Fishkill, Pawling, Poughkeepsie and Wappinger, and WHEREAS, the President and CEO of the Dutchess County Economic Development Corporation has advised that certified Empire Zone Companies now located in properties or portion of properties that will not be within an area designated as a development zone within the Poughkeepsie/Dutchess Empire Zone will continue to receive all of the Empire Zone benefits for which they would otherwise be eligible, and WHEREAS, the Town of Wappinger is committed to the development of new business within the proposed lands within its jurisdiction, and WHEREAS, the Town of Wappinger wishes to support and concur with the Empire Zone designation application, and NOW, THEREFORE, BE IT RESOLVED, as follows: That the Town of Wappinger Town Board in its capacity as the governing body of the Town of Wappinger does hereby support and concur with the Poughkeepsie/Dutchess Empire Zone designation application as described in Dutchess County Resolution number 205368 and attached Local Law with respect to those areas within its jurisdiction which are more specifically described in the Poughkeepsie/ Dutchess Empire Zone Designation Property List for the Town of Wappinger and on the map(s) defining the Zone boundaries within the Town of Wappinger in their entirety, both attached. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilman Voting Aye 0 12/19/2005 RGM Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2006-186 RESOLUTION AUTHORIZING PUBLIC HEARING TO HEAR OBJECTIONS TO THE ASSESSMENT ROLLS AND PROPOSED BUDGETS FOR SPECIAL IMPROVEMENT DISTRICTS OR SPECIAL IMPROVEMENT AREAS FOR CALENDAR YEAR 2006 The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the Town Board has completed the assessment rolls and has prepared proposed budgets for all Special Improvement Districts and Special Improvement Areas in the Town of Wappingers and WHEREAS, the Town Board hereby schedules and orders a Public Hearing for the purposes of hearing and considering any objections which may be made to the assessment rolls for all Special Improvement Districts and/or Special Improvement Areas within the Town, any objections to the proposed benefit assessments to be levied in the calendar year 2006 against the properties within said Special Improvement Districts or Special Improvement Areas as well as any objections to the proposed budgets for the calendar year 2006 and the Quarterly Operation and maintenance Charges to be billed to those properties connected to said Special Improvement Districts and/or Special Improvement Areas; and 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 that it has completed the assessment rolls for the Special Improvement Districts and Special Improvement Areas and the proposed budgets for all Special Improvement Districts and Special Improvement Areas in the Town of Wappinger. 3. The Town Board hereby schedules Public Hearings for the purposes of hearing and considering any objections which may be made to said assessment rolls or to hear any objections to the proposed Benefit assessments to be levied in the calendar year 2006 as well as to hear any objections to the Quarterly Operation and Maintenance Charges to be charged to those properties connected to the following Special Improvement Districts and Special Improvement Areas, said Public Hearing to be held at Town Hall, 20 Middlebush Road, 9 12/19/2005 RGM Wappingers Falls, New York, on the 9th day of January, 2006 starting at 7:30 p.m. Special Improvement Districts/ Special Improvement Areas Wappinger Sewer Improvement Area No. 1 Rockingham Farms Sewer District Wappinger Sewer Transmission/ Treatment Improvement Area Phase 1 Wappinger Sewer Transmission/ Treatment Improvement Area Phase 2 Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A Central Wappinger Water Improvement Area Wappinger — Cranberry Water Improvement Area Wappinger Park Water District Ardmore Hills Water Improvement Area Central Wappinger Emergency Improvement Area Wappinger Water Improvement Area 1999-20 Mid -Point Park Sewer District Wildwood Sewer District Watch Hill Sewer District Watch Hill Water District North Wappinger Water District Myers Corners II Water District Oakwood Knolls Water District Tall Trees Water Improvement Area Fleetwood Water District Fleetwood Sewer District Town -wide Ambulance District Meadowood Water District 4. The Town Clerk is hereby directed to post and publish the Notice of Public Hearing in the form annexed hereto as Exhibit "A'. Said posting and publications are to be made in the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled Public Hearing. The Public Hearing shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9th day of January, 2006 at 7:30 p.m. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-187 10 12/19/2005 RGM RESOLUTION INTRODUCING "LOCAL LAW NO. _ OF THE YEAR 2006 "FURTHER AMENDING §234-44.A OF THE TOWN OF WAPPINGER CODE BY INCLUDING THE MEADOWOOD WATER DISTRICT WITHIN THE CENTRAL WATER SYSTEM AND ESTABLISHING THE WATER RATE STRUCTURE FOR THE FLEETWOOD WATER DISTRICT, THE TALL TREES WATER IMPROVEMENT AREA, AND THE WATCH HILL WATER DISTRICT FOR THE 2006 CALENDAR YEAR" The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, by Resolution 2005-171 the Town Board introduced a Local Law amending §234-44.A of the Town of Wappinger Code and establishing the water rate structure for the Central Water System for the 2006 calendar year; and WHEREAS, it has been subsequently determined that the Meadowood Water District should be deemed part of the Central Water System because it is also hydraulically interconnected with the other water improvements and/or districts identified as the Central Water System set forth in the aforementioned proposed Local Law; and WHEREAS, the Town Board has not established the water rate structure for the Fleetwood Water District, the Tall Trees Water Improvement Area, and the Watch Hill Water District as well as the Meadowood Water District; and WHEREAS, the Town Board also wishes to establish a water rate structure for the above referenced water improvements and/or water districts as hereinafter set forth by a further amendment to §234-44.A of the Town of Wappinger Code; and WHEREAS, the Town Board has determined that this proposed Local Law is a Type II action pursuant to 6NYCRR §617.5 (c) (20) and accordingly the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No.6 of 1992. 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 introduces for adoption a Local Law "Further Amending §234-44.A Of The Town Of Wappinger Code By Including The Meadowood Water District Within The Central Water System And Establishing The Water Rate Structure For The Fleetwood Water District, The Tall Trees Water Improvement Area, And The Watch Hill Water District For The 2006 Calendar Year," as hereinafter set forth. 11 12/19/2005 RGM 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6NYCRR §617.5 (c) (20) and accordingly the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992. 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No._, "Further Amending §234-44.A Of The Town Of Wappinger Code By Including The Meadowood Water District Within The Central Water System And Establishing The Water Rate Structure For The Fleetwood Water District, The Tall Trees Water Improvement Area, And The Watch Hill Water District For The 2006 Calendar Year," said Public Hearing to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9th day of January, 2006 at 7:30 P.M. and the Town Clerk is hereby directed to post the Notice of Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-188 RESOLUTION SCHEDULING A PUBLIC HEARING FOR THE SEWER RENT STRUCTURE FOR SEWER DISTRICTS AND SEWER IMPROVEMENTS FOR THE 2006 CALENDAR YEAR, The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy WHEREAS, the Town Board of the Town of Wappinger has examined the sewer budget for all sewer districts and sewer improvements within the Town of Wappinger for the calendar year 2006; and WHEREAS, the Town Board has determined that the sewer rent shall be as set forth on the attached schedule; and WHEREAS, the Town Board has determined that the proposed adoption for the above referenced sewer rents is a Type II action pursuant to 6NYCRR §617.5 (c) (20) and is otherwise exempt from environmental review pursuant to New York State Environmental Quality Review Act (SEQRA) and pursuant to Local Law No.6 of 1992 and accordingly no environmental review has been undertaken. 12 12/19/2005 RGM NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby determines that the proposed adoption of the sewer rents hereinafter set forth is a Type II action as defined in 6NYCRR §617.5 (c) (20) and accordingly the Town Board hereby expressly determines that this action is not an action that requires environmental review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) and pursuant to Local Law No.6 of 1992 and accordingly no environmental review has been undertaken. 3. The Town Board hereby schedules a Public Hearing on the proposed adoption of the sewer rent schedule as above set forth for all sewer districts and sewer improvements in the Town of Wappinger for the 2006 calendar year, said Public Hearing to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9th day of January, 2006 at 7:30 p.m. and the Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto and to publish the same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted NEW BUSINESS/COMMENTS Councilman Bettina wished to thank Graham Foster, Highway Superintendent and his men for the fine job they did during the recent storm. Supervisor Ruggiero wished to thank everyone that assisted during the gas main break At this time, 8:45 p.m. Councilman Valdati moved to go into Executive Session to discuss Absolute vs the Town of Wappinger and a Personnel matter, seconded by Councilman Bettina and unanimously carried. The meeting reconvened at 1101 p.m. with all board members in attendance. Councilman Bettina moved to sign with Gary Stein to conduct appeal in the Absolute vs Town of Wappinger matter. There was no further business to come before the board. 13 1211912005 RGM Councilman Bettina moved to close the meeting, seconded by Councilwoman McCarthy and unanimously carried. The meeting adjourned at 1102 p.m. 14 C';70!�7� John C. Masterson Town Clerk 91 F", Town Board Correspondence Log Document # To From Date Received Re Agenda 2004CL - 0356 Supervisor Joseph Ruggie Joseph Kovalsky, EMS C 11/01/05 11/15/05 Weekly Report for 11/01/05-11/11/05 12/19/2005 2004CL - 0357 Supervisor Joseph Ruggie Heather Kitchen, Town Ju 11/9/05 11/21/05 Town Justice Court Cases for the month of October 12/19/2005 2004CL - 0358 Supervisor Joseph Ruggie Carl S. Wolfson, Town Ju 11/23/05 11/29/05 Town Justice Court Cases for the month of October 12/19/2005 2004CL - 0359 Mr. Scott Averill Mayor Manus J. Molinaro 11/21/05 11/29/05 MVP position on MKMG-Riverside Women's Heal 12/19/2005 2004CL - 0360 Supervisor Joseph Ruggie Roger Connor, Cablevisi 11/18/05 11/18/05 Rates for 2006 12/19/2005 2004CL - 0361 John C. Masterson, Town Tatiana Lukianofl� Zonin 12/2/05 12/04/05 Schedule of Performance Bonds for the Month of N 12/19/2005 2004CL - 0362 Town Board, and Supervi George Kolb, Director of 12/4/05 12/4/05 Building Inspector's Report for the Month Novemb 12/19/2005 2004CL - 0363 Supervisor Joseph Ruggie Joseph Kowdsky, Emerge 11/24/05 12/01/05 Report on Transcare Response time for 11/01/05-1 12/19/2005 2004CL - 0364 Supervisor Joseph Ruggie Marco Caviglia 11/22/05 11/29/05 Prosecution as of November 15, 2005 12/19/2005 2004CL - 0365 Supervisor Joseph Ruggie Thomas Rothman 11/21/05 11/29/05 Retirement Letter 12/19/2005 Monday, December 19, 2005 Page 1 of 1