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2005-05-23 RGMMonday, May 23, 2005 7:30 pm Wappinger Town Hall AGENDA AMENDED Call to Order Roll Call, Salute to Flag Receipt, and Approval of Minutes April 11, 2005 Work Shop Meeting April 251, 2005 Regular Meeting May 2, 2005 Special Meeting May 9, 2005 Work Shop Meeting Suspension of Rules for Public Comment on Agenda Items Correspondence Log C12005-260 to CL2005-275 Public Hearing: • Matter of the Increase and Improvement of the Facilities of the North Wappinger Water District Discussions: Ronni M. Travers -Amtek Resolutions 2005-64 Resolution authorizing return of escrow for Lawrence Market Square 2005-65 Resolution authorizing return of escrow for Lawrence Farms Apartments 2005-66 Resolution Introducing Local Law for Wetlands Law Amendment 2005-67 Resolution Introducing Local Law for Waiving Public Hearing for Lot Realignment Applications 2005-68 Resolution Introducing Local Law for Accessory Apartments 2005-69 Resolution for allowing Towns to set their own speed limits 2005-70 Resolution Authorizing Order of the Increase and Improvement of the Facilities of the North Wappinger Water District 2005-71 Resolution Accepting Correspondence Log 2005-72 Resolution Authorizing Naming of Roads on Shamrock Hills Subdivision 2005-73 Resolution Authorizing change Order No. 1 for Wappinger Water Improvement 992R -8(E) 2005-74 Resolution Authorizing Amtek's Proposal to Update Wage and Salary Job Descriptions for Clerical Positions Unanimous Consent 2005-75 Resolution Authorizing Award of Contract to Improve Underground Fuel Storage New Business/Comments Executive Session Gina Christiana and Maureen Babiarz-Building/Zoning/Planning Reorganization Adjournment 05/23/2005. RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on May 23, 2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. He wished to acknowledge that this would be the last Town Board meeting for the Town Clerk because she will be retiring next week. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent RECEIPT AND APPROVAL OF MINUTES The Minutes of the Workshop Meeting of April 11, 2005, Town Board Meeting of April 25, 2005, Special Meeting of May 2, 2005 and Workshop Meeting of May 9, 2005, having previously been forwarded to the Board Members, was now placed before them for their consideration. Councilwoman McCarthy moved to accept the above stated Minutes as submitted by the Town Clerk, seconded by Councilman Bettina and unanimously carried. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Bettina moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilwoman McCarthy and unanimously carried CORRESPONDENCE LOG 2005 -CL -260 TO 2005 -CL -275 (See Attached Sheets) PUBLIC HEARING: 05/23/2005. RGM • Matter of the Increase & Improvement of the Facilities of the North Wappinger Water District DISCUSSION: Ronni M. Travers Vice President of Amtek announced that she was requested to update the wage and salary program for the clerical positions of the Town. She prepared a proposal and outlined what steps would be - taken to update the salary structure making recommendations. She would then compile all the information and present the updated program and results of study to the Town Board. If all goes according to plan this study would be completed in 7-8 weeks. RESOLUTION NO. 2005-074 RESOLUTION AUTHORIZING RETURN OF ESCROW FOR LAWRENCE MARKET SQUARE The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, John Lawrence deposited a total of Eleven Thousand Seven Hundred Twenty Four and 35/100 ($11,724.35) between March 28, 2002 to November 26, 2003 with the Town of Wappinger for Escrow, and WHEREAS, John Lawrence has requested a refund in the amount of Four - Thousand Two Hundred Twenty and 90/100 ($4,220.90) and has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated April 15, 2005 to the Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Four Thousand Two Hundred Twenty dollars and 90/100 ($4,220.90) made payable to John Lewis, Account Number 02-3055, for the refund of the unused escrow funds deposited for Lawrence Market Square. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilmember Voting Aye Vincent F. Bettina, Councilmember Voting Aye Joseph P. Paoloni, Councilmember Voting Aye Maureen McCarthy, Councilmember Voting Aye The Resolution is hereby duly declared adopted RESOLUTION 2005-065 2 05/23/2005. RGM RESOLUTION AUTHORIZING RETURN OF ESCROW FOR LAWRENCE FARMS APARTMENTS The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, On or about March 23, 2003 John Lawrence deposited Three Thousand Seven Hundred Fifty and 00/100 ($3,750.00) for escrow, and WHEREAS, John Lawrence has requested a refund in the amount of Three - Thousand Six Hundred Fifty and 00/100 ($3,650.00) and has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated April 15, 2005 to the Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Three -Thousand Six Hundred Fifty and 00/100 ($3,650.00) made payable to John Lewis, Account Number 03-3067, for the refund of the unused escrow funds deposited for Lawrence Farms Apartments. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilmember Voting Aye Vincent F. Bettina, Councilmember Voting Aye Joseph P. Paoloni, Councilmember Voting Aye Maureen McCarthy, Councilmember Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-066 PRPOSED LOCAL LAW AMENDING CHAPTER 137, FRESHWATER WETLANDS, AND SECTION 122-20 AND 240-32.A OF THE TOWN OF WAPPINGER CODE The following resolution was moved by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, the Town Board of the Town of Wappinger has determined that Chapter 137 of the Town Code should be amended to clarify and update the Town's existing wetlands regulations and to exempt any proposed activities on any residentially zoned lot which is 80,000 square feet or less in size and which contains an existing home; along with associated amendments to Sections 122-20 (Fees) and Section 240-32.A of the Town Code (the "Project" or "Proposed Action"); and 3 05/23/2005. RGM WHEREAS, the Town Board has 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 Local Law No. _ of 2005 in the form annexed hereto; 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 Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. _ of 2005 for 7:30 PM on the 27th day of June, 2005 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and mi C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilmember Voting Aye Vincent F. Bettina, Councilmember Voting Aye Joseph P. Paoloni, Councilmember Voting Aye Maureen McCarthy, Councilmember Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-067 PROPOSED LOCAL LAW AMENDING SECTION 217-12-H OF THE TOWN OF WAPPINGER SUBDIVISION REGULATIONS The following resolution was moved by Councilman Valdati and seconded by Councilman Bettina. 4 05/23/2005. RGM WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 217-123 of the Town of Wappinger Subdivision Regulations, should be amended to permit the Planning Board to waive the public hearing for subdivision applications that consist solely of the realignment of a common lot line between two adjacent lots (the "Proposed Action"); 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 Local Law No. _ of 2005 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are 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 Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. _ of 2005 for 7:30 PM on the 27th day of June, 2005 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilmember Voting Aye Vincent F. Bettina, Councilmember Voting Aye Joseph P. Paoloni, Councilmember Voting Aye 5 Maureen McCarthy, Councilmember 05/23/2005. RGM Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-068 PROPOSED LOCAL LAW AMENDING SECTION 240-53 OF THE TOWN OF WAPPINGER ZONING LAW WITH RESPECT TO ACCESSORY APARTMENTS — INTRODUCTION OF LOCAL LAW NO. _ OF 2005 The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, should be amended, the most significant proposed change to the existing regulations being that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector; along with other more substantive changes including: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking (the "Proposed Action"); 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 Local Law No. _ of 2005 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are 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 Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. _ of 2005 for 7:30 PM on the 27th day of June, 2005 and the Town Clerk is hereby directed to 6 05/23/2005. RGM publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilmember Voting Aye Vincent F. Bettina, Councilmember Voting Aye Joseph P. Paoloni, Councilmember Voting Aye Maureen McCarthy, Councilmember Voting Aye The Resolution is hereby duly declared adopted RESOLUTION 2005-069 RESOLUTION FOR ALLOWING TOWNS TO SET THEIR OWN SPEED LIMITS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina WHEREAS, Assembly Bill A.02822 and Senate Bill 5.723 concurrent resolutions of the New York State Assembly and Senate proposing amendments to Section 1662-a, Vehicle and Traffic Law of the State of New York in relation to certain municipalities establishing speed limits on local roads within their jurisdiction and introduced in both houses of the New York State Legislature, and WHEREAS, current provisions of the Vehicle and Traffic Law Section 1662- a authorize only certain towns (i.e., suburban towns and those with over 50,000 in population- approximately 8.6 percent of towns) to set speed limits on all highways within a town other than State highways maintained by the 7 05/23/2005. RGM State, while all cities and villages regardless of classifications of population set their own limits, and WHEREAS, there are 852 towns in New York State that are prohibited from addressing speed limit issues in their jurisdiction without petitioning New York State Department of Transportation, and WHEREAS, the New York State Department of Transportation can take as much as two years to process requests for speed limit reductions and has, in most instances, declined to reduce speed limits on town highways when requested to do so by local officials, and WHEREAS, the need to address road safety issues through speed limits in a timely fashion should not be limited and the current law presents an inequality among municipalities, and WHEREAS, town officials are legally required to set speed limits based upon the same engineering standards and traffic investigation techniques as the State Department of Transportation, cities, and villages are required to employ, and WHEREAS, A.02822/S.723 would amend the Vehicle and Traffic Law in relation to establishing speed limits on town highways which have been classified by the Department of Transportation as local roads, and NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger Town Board hereby urges the New York State Assembly to Approve Assembly Bill A.02822 and Senate Bill S.723, and BE IT FURTHER RESOLVED, that the Town of Wappinger Town Board urges the State Legislature and Governor to extend to all towns an options - through adoption of a local law -to assume responsibility and authority to set speed limits on town roads within their respective jurisdictions, within the limits as defined in Section 1662-a of the Vehicle and Traffic Law, and so long as those roads have been functionally classified by the Department of Transportation as local roads, and BE IT FURTHER RESOLVED, That a copy of this resolution be forwarded to Governor George E. Pataki, Senators Stephen M. Saland and Vincent Leibell, Assemblymen Thomas Kirwan, Joel Miller, Patrick Manning, Willis H. Stephens Jr., and Kevin Cahill. 8 The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Robert L. Valdati, Councilmember Voting Vincent F. Bettina, Councilmember Voting Joseph P. Paoloni, Councilmember Voting Maureen McCarthy, Councilmember Voting The Resolution is hereby duly declared adopted PUBLIC INTEREST ORDER In the Matter of the Increase and Improvement of the Facilities of the North Wappinger Water District of the Town of Wappinger, Dutchess County, New York 05/23/2005. RGM Aye Aye Aye Aye Aye WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the North Wappinger Water District in the Town of Wappinger, Dutchess County, New York, to serve three lots along New Hackensack Road, and which are expected to include the wet tapping of the existing main on the north side of New Hackensack Road in the vicinity of Cindy Lane, the installation of 450± L.F. of 8" diameter ductile iron pipe through Dutchess County Department of Public Works right-of-way along the north side of New Hackensack Road, installation of a dead end valve and blow off hydrant; installation of an individual water service connection for the single lot on the north side of New Hackensack Road, including tap, corporation valve and fittings, copper water service piping to curb valve, additional copper water service piping from curb valve to inside meter, installation of two directional drills crossing southerly under New Hackensack Road, installation of two complete water service connections for two lots on the south side of New Hackensack Road; required restoration work (including pavement, lawn, etc.), and the abandonment of the existing common water service off Cindy Lane, together with incidental improvements and expenses in connection therewith, at a maximum estimated cost of $200,000; and WHEREAS, at a meeting of said Town Board duly called and held on April 25, 2005, an order was duly adopted by it and entered in the minutes specifying that said Board would meet to consider the increase and improvement of the facilities of the North Wappinger Water District in said Town, and to hear all 05/23/2005. RGM persons interested in the subject thereof concerning the same at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 23rd day of May, 2005, at 7:30 o'clock P.M., Prevailing Time; and WHEREAS, said order duly certified by the Town Clerk was duly published and posted as required by law, to -wit: a duly certified copy thereof was published in the official newspaper of this Town on May 4, 2005, and a copy of such order was posted on May 4, 2005, on the signboard maintained by the Town Clerk of the Town of Wappinger, pursuant to Section 30, subdivision 6 of the Town Law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to increase and improve the facilities of the North Wappinger Water District in the Town of Wappinger, Dutchess County, New York, to serve three lots along New Hackensack Road, and which are expected to include the wet tapping of the existing main on the north side of New Hackensack Road in the vicinity of Cindy Lane, the installation of 450± L.F. of 8" diameter ductile iron pipe through Dutchess County Department of Public Works right-of-way along the north side of New Hackensack Road, installation of a dead end valve and blow off hydrant; installation of an individual water service connection for the single lot on the north side of New Hackensack Road, including tap, corporation valve and fittings, copper water service piping to curb valve, additional copper water service piping from curb valve to inside meter, installation of two directional drills crossing southerly under New Hackensack Road, installation of two complete water service connections for two lots on the south side of New Hackensack Road; required restoration work (including pavement, lawn, etc.), and the abandonment of the existing common water service off Cindy Lane, together with incidental improvements and expenses in connection therewith, at a maximum estimated cost of $200,000. Section 2. This order shall take effect immediately. 10 05/23/2005.RGM The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Ruggiero, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-070 A RESOLUTION AUTHORIZING THE ISSUANCE OF $200,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE NORTH WAPPINGER WATER DISTRICT IN SAID TOWN The following resolution was offered by Councilman Paoloni who moved its adoption, seconded by Councilwoman McCarthy to -wit: WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an order dated May 23, 2005, the Town Board of the Town of Wappinger, Dutchess County, New York, has determined it to be in the public interest to increase and improve the facilities of the North Wappinger Water District in said Town, at a maximum estimated cost of $200,000; and WHEREAS, said capital project, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; and WHEREAS, it is now desired to authorize the financing of such capital project; and NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of the North Wappinger Water District in the Town of Wappinger, Dutchess County, New York, to serve three lots along New Hackensack Road, and which are expected to include the wet tapping of the existing main on the north side of New Hackensack Road in the vicinity of Cindy Lane, the installation of 450± L.F. of 8" diameter ductile iron pipe through Dutchess County Department of Public Works right-of-way along the north side of New Hackensack Road, installation of a dead end valve and blow off hydrant; installation of an individual water service 05/23/2005.RGM connection for the single lot on the north side of New Hackensack Road, including tap, corporation valve and fittings, copper water service piping to curb valve, additional copper water service piping from curb valve to inside meter, installation of two directional drills crossing southerly under New Hackensack Road, installation of two complete water service connections for two lots on the south side of New Hackensack Road; required restoration work (including pavement, lawn, etc.), and the abandonment of the existing common water service off Cindy Lane, together with incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $200,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of said specific object or purpose is $200,000 and that the plan for the financing of the aforesaid specific object or purpose is by the issuance of the $200,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. 05/23/2005.RGM Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 05/23/2005.RGM 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to _ the permanent funding of the object or purpose described herein. Section 11. This resolution which takes effect immediately shall be published in the Southern Dutchess News and the Poughkeepsie Journal , together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The resolution was thereupon declared duly adopted. REOLUTION NO. 2005-071 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. 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 question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The resolution was thereupon declared duly adopted. RESOLUTION NO. 2005-072 RESOLUTION TO AUTHORIZE THE NAMING OF ROADS OF SHAMROCK HILLS SUBDIVISION The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. 05/23/2005.RGM WHEREAS, Mark Liebermann, Fire Inspector to the Town of Wappinger, has requested that the roads in Shamrock Hills Subdivision (Tax Grid No. 6257.04.502465) be named to Shamrock Hills Drive, Doolin Court, and Kinsale Court by written request dated May 18, 2005, to the Town Supervisor Joseph Ruggiero. 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 names the roads in Shamrock Hills Subdivision (Tax Grid NO. 6257.04.502465) in accordance with the written requested dated May 18, 2005, from Mark Liebermann, Fire Inspector to the Town of Wappinger, to the Honorable Joseph Ruggiero. 3. Mark Liebermann, Fire Inspector to the Town of Wappinger is hereby directed to number the properties on Shamrock Hills Subdivision accordingly. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilmember Voting Aye Vincent F. Bettina, Councilmember Voting Aye Joseph P. Paoloni, Councilmember Voting Aye Maureen McCarthy, Councilmember Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-073 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 FOR WAPPINGER WATER IMPROVEMENT 99 -2R -8(E) The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Engineers to the Town, Paggi, Martin & DelBene have approved Change Order No. 1 for Wappinger Water Improvement 99 -2(R) - 8(E) in the amount of Three Thousand Three Hundred Seventy Two and 00/100 ($3,372.00) for electrical work, as per letter dated May 13, 2005, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves completion change order No. 1 to Wappinger Water Improvement 99 -2(R) -8(E), for electrical work in the amount of Three Thousand Three Hundred Seventy Two and 00/100 05/23/2005.RGM ($3,372.00) for the reasons set forth in the letter dated May 13, 2005 from Joseph Stankavage of Paggi, Martin & DelBene to the Town :O. . The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilmember Voting Aye Vincent F. Bettina, Councilmember Voting Aye Joseph P. Paoloni, Councilmember Voting Aye Maureen McCarthy, Councilmember Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-074 RESOLUTION AUTHORIZING AMTEK'S PROPOSAL TO UPDATE WAGE AND SALARY JOB DESCRIPTIONS FOR CLERICAL POSITIONS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, it has been since 1999 that the Town Board authorized a salary study to be conducted by Amtek Human Resource Consultants and establish a pay grade system for Town employees, and WHEREAS, the Town Board has expressed an interest to remain competitive with its wages to retain valued and qualified employees, and WHEREAS, the Town Board has created new positions and titles not previously considered and evaluated by Amtek Human Resource Consultants, and WHEREAS, Amtek Human Resource Consultants has offered a proposal to update the wage and salary of job descriptions of twenty four clerical positions at a cost of Eight Thousand Four Hundred and 00/100 dollars ($8,400.00) plus Three Hundred and 00/100 dollars ($300.00) for each additional job title's wage to be studied, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board authorized Amtek Human Resource Consultants to updated the wage and salary of the job descriptions for twenty four clerical positions at a cost of Eight Thousand Four Hundred and 00/100 dollars ($8,400.00) plus Three Hundred and 00/100 dollars ($300.00) for each additional job title's wage to be studied. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilmember Voting Aye Vincent F. Bettina, Councilmember Voting Aye 05/23/2005.RGM Joseph P. Paoloni, Councilmember Voting Aye Maureen McCarthy, Councilmember Voting Aye The Resolution is hereby duly declared adopted Councilman Bettina moved to amend the above Resolution to include all department heads in the study, seconded by Councilman Paoloni and unanimously carried. UNANIMOUS CONSENT Councilman Valdati moved to place Resolution 2005-075 on tonight's Agenda, seconded by Councilwoman McCarthy and unanimously carried RESOLUTION 2005-075 AUTHORIZING AWARD OF CONTRACT TO IMPROVE UNDERGROUND FUEL STORAGE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, Eric Fellenzer, of Fellenzer Engineering has requested a purchase order to make improvements to the underground fuel storage, and WHEREAS, Eric Fellenzer, of Fellenzer Engineering has received bids as follows: American Petroleum Equipment & Construction: $207,400.00 Ira D. Conklin & Sons $150,000.00 Environmental & Fueling System No Bid Received WHEREAS, Eric Fellenzer, of Fellenzer Engineering has recommended in his letter dated May 9, 2005 a copy of which is attached hereto, to award Ira D. Conklin, the project of making improvements to the underground fuel storage at the cost of One Hundred Fifty Thousand and 00/100 ($150,000.00), and 00/100. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Ruggiero, Councilman Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS/CONIlVIENTS Councilman Valdati announced that he would not be seeking the Republican party nomination due to discord in the Republican Committee. He feels that 05/23/2005.RGM the executive board has lost sight of its true goal; to represent the needs of the residents. Councilman Bettina said he was happy with the outcome of today's luncheon that he attended at Carnwath and thanked everyone that helped make this fund raiser a success. He was happy to see the sports museum finally become a reality and meet Senator Clinton. Councilwoman McCarthy wished to thank all the people who helped at Carnwath to make it a success. It was a classy event and she was very proud to be associated with it. Councilman Paoloni enjoyed today's event and was proud to see the Town of Wappinger all working together. Another item he wished to discuss is the telephone poles along the roads that are no longer used. Supervisor Ruggiero answered that he spoke to someone from the telephone company who will try to help get rid of the poles. Supervisor Ruggiero commented that he was proud of the entire town today and wished to thank the volunteers for all their help in making the fund raiser at Carnwath a success and the renaming of the dorm building to the Frances Reese Cultural Center. There were representatives from every level of government at today's event. At this time 8:00 p.m. Councilwoman McCarthy moved to go into Executive Session to discuss personnel issues, seconded by Councilman Bettina and unanimously carried. The meeting reconvened at 8:42 p.m. with all board members in attendance. There was no action taken in Executive Session. Councilman Bettina moved to close the meeting, seconded by Councilman Paoloni and unanimously carried. The meeting adjourned at 8:43 p.m. Florence Hannon Deputy Town Clerk 1� N -i 9 Town Board Correspondence Log Document -# To I From - - IDate Received Re Agenda 2004CL - 0260 Town Board, and Town S Joseph Kovalsky, Emerge 2/22/05 Record of Mutual Aid Calls Transcare 5/23/2005 20WL - 0261 Joseph Ruggiero, Supervi James Andes, ESQ Law 4/25/05 4/26/05 March vs. Town of Wappingers 5/23/2005 2004CL - 0262 Ted Hardy, Manager of Mark Liebermann, Fire I 4/24/05 4/25/05 Unsafe Building Due to Fire Code Violations 5/23/2005 2004CL - 0263 Joseph Ruggiero, Supervi Craig S. Kominoski, Real 4/14/05 4/27/05 Revision of Residential Assessment Ratio 5/23/2005 2004CL - 0264 Joseph Ruggiero, Supervi Jaclyn A. Brilling, NYD 4/20/05 4/25/05 Franchise Renewal 5/23/2005 2004CL - 0265 Joseph Ruggiero, Supervi Heather Kitchen, Town Ju 4/13/05 4/25/05 Court Cases for March 2005 5/23/2005 2004CL - 0266 Marshall and Sterling Albert Roberts, Town Att 4/22/05 4/26/05 Notice of Claim filed by Candida Derasmo 5/23/2005 2004CL - 0267 Joseph Ruggiero, Supervi Albert Roberts, Town Att 4/25/05 4/26/05 Notice of Claim filed by Momo Hlaing 5/23/2005 2004CL - 0268 Joseph Ruggiero, Supervi Town of Poughkeepsie 4/26/05 Resolution for local law of Town of Poughkeepsie 5/23/2005 2004CL - 0269 Joseph Ruggiero, Supervi Candida Derasmo 4/15/05 Notice of Claim of Candida Derasmo v.s. Town of 5/23/2005 2004CL - 0270 Joseph Ruggiero, Supervi Sue Kelly, Congresswom 4/18/05 4/22/05 Letter in regards to Community Development Bloc 5/23/2005 2004CL - 0271 Joseph Ruggiero, Supervi Roger Connor, Cablevisio 4/28/05 5/09/05 Previousely Announced Price Change Information 5/23/2005 2004CL - 0272 Gloria Morse, Town Cler Tatiana Lukiano$ Zonin 5/2/05 5/09/05 Schedule of Performance and Maintenance Bonds 5/23/2005 2004CL - 0273 Joseph Ruggiero, Supervi Roger Connor, Cablevisio 4/28/05 Price Change Information 5/23/2005 2004CL - 0274 Joan Pagones, Supervisor G Brian Morgan, Esq. Jac 5/2/05 MTBE cleanup costs shifted to local water supplier 5/23/2005 2004CL - 0275 Joseph Ruggiero, Supervi George Kolb, Building In 5/4/05 5/09/05 Building inspectors Report for the Month of April 5/23/2005 Tuesday, May 17, 2005 Page 1 of 2 05/23/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on May 23, 2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Matter of the Increase and Improvement of Facilities of the North Wappinger Water District. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. Jay Paggi, Engineer to the Town explained that in the Spring of 2004 the operators of the system CAMO Pollution Control detected a leak in the water service on Cindy Lane Upon investigation, they discovered that the water service did not serve the house it was in front of, but went through private property and served three houses on New Hackensack Road. This was causing inconveniences to the private property that it went through. It went under their patio directly adjacent to their in - ground swimming pool. At that point in time we were directed by the Town Board to draw up a map, plan and report to fix this situation. This will consist of installation and extension of an existing water main on New Hackensack Road approximately 450 feet to the south toward Route 9. When that main is complete new water service connection to the three homes that are on New Hackensack Road that presently obtain their service from this "inappropriate" private service line will be extended across the property line into the homes. This will allow the town to abandon the existing service line off Cindy Lane. The approximate cost to complete this project is estimated to be $200,000. This would be bonded over a period of twenty years and would be paid off on a yearly basis in the tax bill by the residents of that district. The yearly increase for a typical resident would amount to approximately $28.00 per year which would be seen in the first tax bill of 2007 There were no further comments or questions 1 05/23/2005.PH Councilman Paoloni moved to close the Public Hearing seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 7:40 p.m. 2 Aorence Hannon Deputy Town Clerk