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2004-12-13 RGMSUPERVISOR JOSEPH RUGGIERO Call to Order Roll Call, Salute to Flag TOWN OF '"TAPPINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-2744 FAX: (845) 297-4558 Monday, December 13, 2004 7:30pm Wappinger Town Hall AGENDA TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Suspension of Rules for Public Comment on Agenda Items Discussions: Intermunicipal Revaluation — MJW Consulting Camwath Chapel and Carriage House Stabilization — Don Swartz and Larry Tolzapfel Resolutions: 2004-310 Resolution Authorizing Soccer Contract 2004-327 Resolution Accepting Easement for 46 Brothers Road 2004-328 Resolution Authorizing Escrow Refund for Second Generation Building Corp 2004-329 Resolution Authorizing Escrow Refund for 150 Myers Corners Road 2004-330 Resolution Authorizing Escrow Refund for 269 Airport Drive 2004-331 Resolution Authorizing Bond Resolution for Town Wide Assessment Revaluation 2004-332 Resolution Introducing Local Law to Amend ProcurementPolicy 2004-333 Resolution Authorizing Purchase Order for Demolition of Dugout at'Robinson Lane 2004-334 Resolution Authorizing Purchase of Laptop and Program for Dog Control Officer 2004-335 Resolution Authorizing Emergency Repairs to the Carriage House and Chapel Located at Carnwath Farms and Awarding Contract for such Repairs 2004-336 Resolution Establishing Quarterly Operation and Maintenance Charges for Water and Sewer Districts and o Improvement Areas 2004-337 Resolution Authorizing Application to the New York State Office of Children and Family Services for Recreation Grant 2004-338 Resolution Authorizing Change in Recreation Fees New Business/Comments Executive Session Inter City Tire — Al Roberts and Marco Caviglia Adjournment 1 12/13/2004.WS A Workshop Meeting of the Town Board of the Town of Wappinger was held on December 13, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:42 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman (arrived 7:50 p.m.) Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Attorney to the town Absent: SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for public comment, seconded by Council Bettina and unanimously carried. DISCUSSIONS: • Intermunicipal Revaluation—John Watch of MJW Consulting gave a presentation on the intermunicipal reevaluation of assessments that the Town was considering. The purpose of the revaluation was to bring all the municipalities that would be involved up to an assessment level of 100%. He explained that thousands of properties would be studied in detail in order to insure fairness, and make sure the comparable assessments derived for the houses not studied are as accurate as possible. Mr. Watch explained that the procedure would not necessarily create a rise in taxes, but the majority would see their taxes either decrease or remain the same. • Carnwath Chapel and Carriage House Stabilization—Don Swartz gave a presentation regarding a number of issues that would require immediate attention to prevent further destruction of the Chapel and Carriage House at Carnwath Farms. RESOLUTION NO. 2004-310 RESOLUTION AUTHORIZING THE EXECUTION OF THE CONTRACT BETWEEN THE TOWN OF WAPPINGER AND THE WAPPINGER UNITED SOCCER CLUB The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Wappinger United Soccer Club provide supervised soccer activities, training and 1 12/13/2004.WS instruction for the boys and girls of the Town of Wappinger in accordance with the proposed Contract between the Town of Wappinger and the Wappinger United Soccer Club. 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 agrees to enter into the written Contract between the Town of Wappinger and Wappinger United Soccer Club in substantially the same form as attached hereto for the purposes of providing supervised soccer activities, training and instruction for boys and girls in the Town of Wappinger at a cost of $4,000 in accordance with the terms of the Contract. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to sign said Contract with the Wappinger United Soccer Club on behalf of the Town of Wappinger and to make the payment required under the Contract. 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, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-327 RESOLUTION ACCEPTING EASEMENT FOR 46 BROTHERS ROAD The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, in connection with the Arent Subdivision located on Brothers Road in the Town of Wappinger, Town Engineer, Joseph E. Paggi, Jr., has recommended a formal Stormwater Drainage Easement be established so as to permit the continued discharge of stormwater through the property subdivided; and WHEREAS, the owner of the property, Ultra -Craft Homes, Inc., has agreed to grant the Town such an Easement, in the form as requested by the Town Engineer and approved as to form by the Attorney to the Town, Albert P. Roberts; and WHEREAS, the exact legal description of the proposed Easement Area has yet to be determined and approved by the Town Engineer. 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 accepts the Easement for stormwater purposes to be conveyed by Ultra -Craft Homes, Inc. in the form as requested by the Town Engineer, Joseph E. Paggi, Jr., and subject to 2 12/13/2004.WS his verification and approval of the legal description for the permanent Easement Area. 3. Town Supervisor, Joseph Ruggiero, is hereby authorized to execute any documents necessary to pay any costs associated with the recording of the Easement in the Dutchess County Clerk's Office upon the recommendation and approval of the Attorney to the Town, Albert P. Roberts. 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, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-328 RESOLUTION AUTHORIZING ESCROW REFUND FOR THE PROPERTY LOCATED AT ROUTE 376 AND DEGARMO HILL ROAD The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy WHEREAS, on or about June 25, 1997, Shirley Longhitano deposited Two Thousand and 00/100 ($2,000.00) to the Town of Wappinger for an escrow for the property located at Route 376 and DeGarmo Hill Road; and WHEREAS, Rino Longhitano has requested a refund in the amount of One Thousand, Eight Hundred, Eighty-six Dollars and 00/100 ($1,886.00). 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 One Thousand, Eight Hundred, Eighty-six Dollars and 00/100 ($1,886.00) made payable to Rino Longhitano, Account Number 8682, for the refund of an escrow for the property located at Route 376 and DeGarmo Hill Road in accordance with a letter dated December 1, 2004 from Zoning Administrator Tatiana Lukianoff. 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, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-329 3 12/13/2004.W S RESOLUTION AUTHORIZING ESCROW REFUND FOR 150 MYERS CORNERS ROAD The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy WHEREAS, on or about April 7, 2003, John Hugyecz deposited Seven Thousand, five hundred and 00/100 ($7,500.00) to the Town of Wappinger for a driveway escrow for the property located on 150 Myers Corners Road; and WHEREAS, Theresa Scott has requested a refund in the amount of Five Thousand, Sixty-four Dollars and 40/100 ($5,064.40). 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 Five Thousand, Sixty-four Dollars and 40/100 ($5,064.40) made payable to John Hugyecz, Account Number 03-5972, for the refund of a driveway escrow for the property located at 150 Myers Corners Road in accordance with a letter dated December 1, 2004 from Zoning Administrator Tatiana Lukianoff. 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, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-330 RESOLUTION AUTHORIZING ESCROW REFUND FOR THE PROPERTY LOCATED AT 269 AIRPORT DRIVE The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, on or about March 1, 2001, Airport Drive Properties deposited Eight Thousand, Two Hundred,fifty and 00/100 ($8,250.00) to the Town of Wappinger for an escrow for the property located at 269 Airport Drive; and WHEREAS, Airport Drive Properties has requested a refund in the amount of Three Thousand, Four Hundred, Thirty-four Dollars and 85/100 ($3,434.85). 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, Four Hundred, Thirty-four Dollars and 85/100 ($3,434.85). made payable to .19 12/13/2004.WS Airport Drive Properties, Account Number 01-3041, for the refund of an escrow for the property located at 269 Airport Drive in accordance with a letter dated December 1, 2004 from Zoning Administrator Tatiana Lukianoff. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye i�.�. Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004- 331 RESOLUTION AUTHORIZING THE ISSUANCE OF $575,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE TOWN'S COST OF CONDUCTING A TOWN -WIDE REAL PROPERTY REVALUATION FOR ASSESSMENT PURPOSES, IN AND FOR SAID TOWN. The following resolution was offered by Councilman Valdati who moved its adoption, seconded by Councilwoman McCarthy. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For specific object or purpose of paying the Town's cost of conducting a Town -wide real property revaluation for assessment purposes, in and for the Town of Wappinger, Dutchess County, New York, which may be undertaken through a Joint Intermunicipal Agreement with the towns of Beekman, East Fishkill, Fishkill, Poughkeepsie, Wappinger and the Village of Fishkill, all located in Dutchess county, New York, or a similar agreement, including incidental expenses in connection therewith, at a maximum estimated cost of $575,000, there are herby authorized to be issued $575,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $575,000, and the plan for the financing thereof is by the issuance of the $575,000 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 five years, pursuant to subdivision 53 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that he maximum Maturity of the serial bonds herein authorized will not exceed five years. 5 12/13/2004.W S 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 for the payment of the principal of and interest on such bonds 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 bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of saic Town a tax sufficient to pay the principal of and interest on such bonds as the same become du( and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the nam, 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 thereon and may be attested by the manual or facsimile signature of the Town Clerk. 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 he sale, and award the bonds in such manner as he shall deem best f the interests o said Town; provided, however, that in the exercise of these delegated powers 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 the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interes 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 Financia: 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 0 12/13/2004.WS 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 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 Section 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 full in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers together with notice of the Town Clerk insubstantially the form provided in Section 81.00 of the Local Finance 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, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004- 332 INTRODUCING A LOCAL LAW ENTITLED "LOCAL LAW OF THE YEAR 2005 AMENDING THE PROCUREMENT POLICY OF TH TOWN OF WAPPINGER" The following resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town Board has previously adopted a Procurement Policy pursuant to 104-b o the General Municipal Law; and WHEREAS, 104-b of the General Municipal Law requires the Town to annually review the procedures established for the purchasing of goods and services that fall below the monetary bid limits set forth in General Municipal Law; and WHEREAS, the Town Comptroller and other department heads of the Town have recommended that the bid limits be amended upward. 7 12/13/2004.WS NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolutions as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. _ of the Year 2005 in the form annexed hereto, amending and modifying the bid limits and procedures of the Town Procurement Policy. 3. The Town Board hereby determines that the proposed action to amend the Town Procurement Policy is a Type II action as defined in 6 NYCRR 617.5(c)(16) and, accordingly, the Town Board hereby expressly determines that his action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law 6 of 1992, or pursuant to 6 NYCRR part 617. 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. of 2005 to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls new York, on the 24th of January, 2005 at 7:30 p.m., and that the Town Clerk be directed to post and publish a Notice of Public Hearing in the form annexed hereto as provided by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Robert Valdati, Councilman Voting Vincent Bettina, Councilman Voting Maureen McCarthy, Councilwoman Voting Joseph Paoloni, Councilman Voting The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-333 Aye Aye Aye Aye Aye RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR REMOVAL OF DUGOUT AT ROBINSON LANE The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati WHEREAS, the Recreation Committee has recommended the demolition of a dug out at Robinson Lane and the rebuilding of a new dug out, and WHEREAS, the Recreation Commission received bids as follows: Bracaden Construction $8,690 Donaldson Construction $8,925 Tri Tech Construction $8,845 WHEREAS, the Recreation Committee has requested a purchase order in the amount of Eight Thousand, Six Hundred, Ninety Dollars ($8,690.00) payable to Bracaden Construction. 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. 12/13/2004.WS 2. A purchase order is hereby authorized in the amount of Eight Thousand, Six Hundred, Ninety Dollars ($8,690.00) payable to Bracaden Construction from Account A-7110.4, in accordance with a letter dated December 3, 2004 from Ralph Holt, Chair, Recreation Commission, to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-334 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR LAPTOP AND BAS DOG CONTROL SOFTWARE SYSTEM The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Dog Control Officer Jerry Owen has requested the purchase of a Dell laptop computer and the BAS Dog Control Software, and WHEREAS, the laptop shall be purchased through state contract, and the BAS is the sole source for the Dog Control Software System, and WHEREAS, BAS has supplied a quote of Three Thousand, Nine Hundred, Ninety Dollars ($3,990) for the Dog Control Software, and WHEREAS, the Dog Control Officer Jerry Owen has requested a purchase order in the amount of Three Thousand, Nine Hundred, Ninety Dollars ($3,990.00) payable to BAS, and a purchase order in the amount of the state contract for the Dell Computer. 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. A purchase order is hereby authorized in the amount of Three Thousand, Nine Hundred, Ninety Dollars ($3,990.00) payable to BAS and a purchase order in the amount of the state contract for the Dell Computer from Account HY-1680.200, in accordance with a letter dated December 1, 2004 from Jerry Owen, Dog Control Officer, to the Supervisor. 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, Councilwoman Voting Aye 9 12/13/2004.WS Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-335-A RESOLUTION AUTHORIZING IMMEDIATE EMERGENCY REPAIRS TO THE CARRIAGE HOUSE AND THE CHAPEL LOCATED AT CARNWATH FARMS AND AWARDING CONTRACTS TO UNDERTAKE SUCH REPAIRS The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town of Wappinger purchased a 99 acre estate property located on Wheeler Hill Road in the Town of Wappinger, commonly known as the "Carnwath Farms"; and WHEREAS, the Estate contains several structures including a carriage house and a chapel; and WHEREAS, the Town has planned the long term rehabilitation of Carnwath Farms, including the rehabilitation of the various structures contained thereon; and WHEREAS, the Town has retained the firm of Cerniglia & Swartz, registered architects, to conduct a study to determine the nature of rehabilitation work needed for the various buildings at Carnwath Farms; and WHEREAS, in consequence of the studies and investigations undertaken by Cerniglia & Swartz, it has been determined that the carriage house and the chapel are in need of immediate repair work and/or remediation and abatement of mold and asbestos containing materials as set forth in the reports attached hereto; and WHEREAS, Donald Swartz of Cerniglia & Swartz has prepared a report to the Town Board outlining the nature of the repair work and/or remediation and abatement required for said structures, a copy of said report dated December 9, 2004 is attached hereto and made part hereof marked and designated Schedule "1"; and WHEREAS, the Town has retained the services of Quality Environmental Solutions & Technologies, Inc. (hereinafter referred to as "QuES&T") to prepare a Scope of Work for the environmental repairs required at the aforementioned structures and QuES&T has prepared a Scope of Work for the emergency repairs, a copy of which is attached hereto and made part hereof marked and designated Schedule "2"; and WHEREAS, Donald Swartz has requested bids from two general contractors for the emergency stabilization repairs to the carriage house and the chapel and has determined that the lowest bidder is Manfredi Construction as set forth in the letter to the Town of Wappinger from Cerniglia & Swartz dated December 9, 2004, a copy of which is attached hereto and made part hereof, marked and designated Schedule "3"; and 10 12/13/2004.WS WHEREAS, QuES&T has solicited bids from several environmental abatement contractors for the remediation and abatement of mold and asbestos containing materials from the chapel and has determined that the lowest bidder is Asbestos Corporation of America in accordance with the letter to the Town of Wappinger from QuES&T dated December 9, 2004, a copy of which is attached hereto and made part hereof, marked and designated Schedule "4"; and WHEREAS, the Town has applied for financial grants to help defray the costs of rehabilitation and restoration of the various structures at Carnwath Farms; and WHEREAS, in order to expedite the long-term rehabilitative and restorative work, it is necessary to undertake asbestos and mold abatement and/or remediation to the chapel and to undertake the removal of approximately 60 linear feet of flashing including fagade and soffit components as well as various structural repairs to the carriage house in order to render the structures safe for subsequent long-term rehabilitative and restorative work, and WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the Town budget. 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. Based on the report and recommendation of Donald Swartz of Cerniglia & Swartz, the Town Board Town Board hereby determines that unsafe conditions exist at the carriage house and the chapel located at Carnwath Farms and hereby determines that emergency conditions exist which require immediate action to be taken to preserve the health and safety of persons and workmen occupying or coming into the vicinity of the aforementioned structures, as well as to prevent further deterioration of the structures as set forth in the report of Donald Swartz dated December 9, 2004 which is attached as Schedule "1". 3. The Town Board further determines that immediate abatement work is necessary to remove asbestos and mold contained in materials located in the chapel at Carnwath Farms in accordance with the report of Donald Swartz and the Scope of Emergency Work prepared by QuES&T, both of which are attached hereto as Schedule "1" and Schedule "2", respectively. 4. The Town Board further determines that certain portions of the carriage house at Carnwath Farms are in imminent danger of falling and/or collapse and pose a danger to the health and safety of any persons or workmen occupying or in the vicinity of the 11 12/13/2004.W S carriage house and the Town Board hereby orders the immediate removal of approximately 60 linear feet of flashing including the fagade and soffit components as well as various structural repairs as recommended by Donald Swartz of Cerniglia & Swartz and in accordance with the Scope of Work prepared by QuES&T, attached hereto as Schedules "1" and "2" respectively. 5. In consequence of the imminent danger to the health and safety of any persons or workmen occupying or coming into the vicinity of the carriage house and the chapel and to expedite the long-term restoration and rehabilitation of the structures at Carnwath Farms, the Town of Wappinger Procurement Policy is hereby suspended for the purposes of making the necessary emergency repairs, purchases, and expenditures and to authorize contracts for the abatement, remediation, repair and/or removal of the components above -identified. 6. Town Supervisor, Joseph Ruggiero, is hereby authorized to execute separate purchase orders and/or contracts for the asbestos and mold abatement and structural repairs as recommended by Donald Swartz's letter dated December 9, 2004 and QuES&T's letter dated December 9, 2004, attached hereto as Schedules "3" and "4" respectively. 7. The Town Board hereby awards the contract for the emergency repairs to the carriage house and the chapel at Carnwath Farms to Manfredi Construction for the total sum of Fifty Two Thousand, Three Hundred Dollars ($52,300.00) in accordance with the letter dated December 9, 2004 from Donald Swartz of Cerniglia & Swartz, attached hereto as Exhibit "3". 8. The Town Board hereby awards the contract for the removal and abatement of asbestos containing materials and mold at the carriage house and the chapel at Carnwath Farms to Asbestos Corporation of America for the total sum of Twenty Eight Thousand, Five Hundred, and Seventy -Five Dollars ($28,575.00) in accordance with the letter dated December 9, 2004 from QuES&T, attached hereto as Exhibit "4". 9. The following Town Officers and/or employees and/or professionals are hereby authorized and directed to take whatever steps are needed and to coordinate whatever repair work is required to accomplish the above-specified emergency work at the earliest possible time: Town Supervisor, Building Inspector, Fire Inspector, 12 12/13/2004.WS Engineer to the Town, Architect to the Town and Attorney to the Town. 10. The Town Board hereby authorizes the following budget transfers hereby temporarily amending the Town of Wappinger Budget adopted for the calendar year of 2004: An interfund transfer of $70,000 is to be transferred from the A Fund to HG the Greystone Restoration Capital Project. 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, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-336 RESOLUTION ESTABLISHING QUARTERLY OPERATION AND MAINTENANCE CHARGES FOR WATER AND SEWER DISTRICTS AND/OR IMPROVEMENT AREAS FOR CALENDAR YEAR 2005 The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Town Board annually establishes Operation and Maintenance charges (hereinafter referred to as "O&M charges") for water and sewer districts and/or improvements areas. 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 establishes the Quarterly O & M charges for water and sewer districts and/or improvement areas for the calendar year 2005 in accordance with the Schedule attached hereto and made part hereof marked and designated Schedule "1". The charges set forth on the attached Schedule "1" will be billed quarterly to those properties connected to water and sewer districts and/or improvements areas. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-337 13 12/13/2004.WS RESOLUTION AUTHORIZING GRANT APPLICATION TO THE NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni WHEREAS, the Town of Wappinger is applying to the New York State Office of Children and Family Services for approval of the projects described in the Youth Development Delinquency Prevention Application on file with the New York State Office of Children and Family Services and Dutchess County Youth Bureau, and WHEREAS, in submitting the application, the Town of Wappinger agrees to the following: • The municipality will abide by OCFS as to the propriety of all expenditures upon which the state aid is requested • The project will be operated in compliance with the laws, rules, regulations, resolutions, and codes of the State of New York and pertinent political subdivisions, • No youth will be denied the services or facilities of this project because of race, creed, color, or sex • No fee will be charged for the programs supported by state funds NOW, THEREFORE, be it resolved that Supervisor Joseph Ruggiero is hereby authorized to sign the certification for this grant stating the following conditions of the grant: • The municipality will abide by OCFS as to the propriety of all expenditures upon which the state aid is requested • The project will be operated in compliance with the laws, rules, regulations, resolutions, and codes of the State of New York and pertinent political subdivisions, • No youth will be denied the services or facilities of this project because of race, creed, color, or sex • No fee will be charged for the programs supported by state funds 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, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-338 RESOLUTION AUTHORIZING INCREASE IN TOWN RECREATION FEES The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. 14 12/13/2004.WS WHEREAS, the Town of Wappinger Recreation Committee has requested an increase in recreation fees for the `B Fund" Summer Playground Program for the year 2005 in order to ensure payment for all costs for the summer program. 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 authorizes an increase in the "B Fund" Summer Playground Program fees for the year 2005 from $40 for the first child of a family participating in the program and $35 for each additional child of the same family participating in the program to $60 for the first child of a family participating in the program and $50 for each additional child of the same family participating in the program. 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, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS/COMMENTS Councilman Valdati wished to know if the Town Board Agendas are posted on our Web Site. Supervisor Ruggiero answered the Agendas and Minutes were being posted. He also wished to know if the Zoning Administration Department had gone out to the areas that were discussed. Supervisor Ruggiero replied that he had a Building and Zoning Department meeting today and those areas are being addressed. Councilwoman McCarthy had some concerns from a constituent on Carroll Drive in regard to a water problem. Mr. Foster explained that he did go out to the area in question and noticed the lot down from hers had considerable vegetation which he cleaned out. Councilman Paoloni in regard to shoppers parking in the fire lane in front of Hannaford's. He wants the Town Patrol to check out the area. Councilman Bettina in regard to the temporary grand opening signs for the new Deli in Hark Plaza. The owner was told by someone from Zoning that he could not place temporary signs. Supervisor Ruggiero replied that temporary signs were okay. At this time 9:20 p.m., Councilman Valdati moved to go into Executive Session to discuss Inter - City Tire with Al Roberts and Marco Caviglia, seconded by Councilwoman McCarthy and unanimously carried. The meeting reconvened at 10:21 p.m. with all Board Members in attendance. There was no action taken in Executive Session. Councilwoman McCarthy moved to close the meeting, seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 10:22 p.m. 15 GloriaVerk Town 16 12/13/2004.WS