Loading...
2004-10-25 RGMMonday, October 25, 2004 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Receipt and Approval of Minutes August 30, 2004 - Town Board Meeting September 13, 2004 — Workshop September 23, 2004 — Special Town Board September 27, 2004 — Town Board Meeting October 5, 2004 — Special Town Board Meeting Suspension of Rules for Public Comment on Agenda Items Correspondence Log 2004-133 to 2004-149 Public Hearing: Public Hearing on the Establishment of the Meadowood Drainage District Public Hearing on Rafters Discussions: Caliber M2000 — Jon Veeder Verlin Proposal — Ralph Holt Wappinger Farm Estates/Recreation Required Street Frontage Local Law — Dan Wery Minutolo Hawking and Peddling License Resolutions: 2004-293 Resolution Authorizing the Relevy of the Water and Sewer Bills 2004-294 Resolution Authorizing Supervisor to Sign Empire Zone Agreement 2004-295 Resolution Authorizing Gigliotti Escrow Refund 2004-296 Hold 2004-297 Resolution Establishing Meadowood Drainage District 2004-298 Resolution Setting Public Hearing for Preliminary Budget 2004-299 Resolution Accepting Correspondence Log 2004-300 Hold 2004-301 Resolution Introducing Local Law and Setting Public Hearing for Required Street Frontage Local Law Unanimous Consent 2004-302 Resolution Authorizing Budget Transfer 2004-303 Resolution Authorizing the Creation of the Junior Accountant Position New Business/Comments Executive Session Family Equestrian Center TransCare Adjournment 10/25/2004.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on October 25, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent (arrived at 8:01 p.m.) Dan Wery, Town Planner Absent: Gloria J. Morse, Town Clerk RECEIPT AND APPROVAL OF MINUTES The Minutes of the Town Board Meeting of August 30, 2004, the Workshop Meeting of September 13, 2004, the Special Town Board Meeting of September 23, 2004, the Town Board Meeting of September 27, 2004 and the Special Town Board Meeting of October 5, 2004 having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilman Paoloni 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. CORRESPONDENC LOG: 2004 -CL -133 TO 2004 -CL -149 (See Attached Sheets) HEARING: • Rafters PUBLIC HEARING: • Public Hearing on the Establishment of the Meadowood Drainage District. DISCUSSIONS: 1 10/25/2004.RGM • Caliber M2000 --John Veeder provided the Board with information for a product that is manufactured by his company. When combined with road salt, Caliber M2000 causes salt to go further and is safer for the environment.—Mr. Veeder to set up meeting with Mr. Foster for further discussion. • Wappinger Farm Estates/Recreation— Applicants are seeking to purchase property adjacent to Robinson Lane Recreation park. They wish to subdivide the property into 20 lots. Because of the properties location, the applicants wished to know if the town would be interested in receiving land in lieu of recreation fees, and in consideration of land, rezone the eastern portion to one acre parcels. Due to the cost of the property there is a minimum number of lots that must be achieved. Discussion followed-- Applicant to submit formal presentation for rezone to Town Board. If agreeable with Town Board, set up meeting and then go from there. • Verlin Proposal— Ralph Holt explained that Mr. Verlin owns property on River Road that is approximately one acre and is adjacent to the property owned by the Town called Castlepoint. Mr. Verlin is proposing an exchange of these parcels. Mr. Holt informed the Board that this property could be useful for parking activities held at Castle Point Park or for parking for boat trailers from Chelsea Boat ramp. Discussion followed. --- Professionals and Councilman to field visit property and report back to Board. • Required Street Frontage Local Law—Dan Wery went over the proposed draft of the Local Law for the Boards consideration which would allow the Planning Board to allow common driveways. • Minutolo Hawking & Peddling License.— Councilwoman McCarthy moved to approve the license on condition Mr. Minutolo provides acceptable alternate location for backup to Zoning Administrator, seconded by Councilman Paoloni and unanimously carried. RESOLUTION NO. 2004-293 RESOLUTION AUTHORIZING RELEVY OF WATER/SEWER CHARGES The following resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS the last day for payments to be made at Town Hall for unpaid water/sewer accounts is November 18, 2004. NOW, THEREFORE, BE IT RESOLVED, as follows: 2 10/25/2004.RGM 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Debbie Brown, Water/Sewer Billing Clerk to the Town of Wappinger is hereby authorized to forward all unpaid water/sewer accounts to he Dutchess County Department of Real Property Tax on November 22, 2004, to be re -levied upon the 2005 County Land Tax bills. 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- 294 RESOLUTION AUTHORIZING THE EXECUTION OF TH EMPIRE ZONE AGREEMENT FOR 2005 BETWEEN THE TOWN OF WAPPINGER AND THE POUGHKEEPSIE/DUTCHESS EMPIRE ZONE The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, New York State has 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 for the Poughkeepsie/Dutchess Economic Development Zone and now included lands within the Cities of Beacon and Poughkeepsie; Towns of Amenia, Dover, Fishkill, East Fishkill, Hyde Park, Poughkeepsie, and Wappinger; and Villages of Fishkill and Wappingers Falls; and WHEREAS, administration of the program is essential for an individual business to obtain and maintain Empire Zone Certification, thereby making it eligible to receive the financial incentives; and WHEREAS, the benefits of the Empire Zone are significant for economic development in the Town of Wappinger; and WHEREAS, the Empire Zone Administrative Board annually adopts a budget deemed sufficient to successfully administer the program; and WHEREAS, the Empire Zone Administrative Board has prepared a budget for the calendar year 2005; and 3 10/25/2004.RGM WHEREAS, the budget is based on the successful application for a grant from Empire State Development and additional commitments from the municipalities benefiting from the Empire Zone; and WHEREAS, the Empire zone Administrative Board anticipates that the 2005 administrative fee that is to be requested of the Town of Wappinger will be $21,500.00; and WHEREAS, the Town Attorney, Albert P. Roberts, has reviewed and approved of a draft agreement between the Empire Zone Administrative Board and the Town of Wappinger obligating the Town of Wappinger to remit a $21,500.00 administrative fee for the calendar year 2005. 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 in its capacity as the governing body of the Town of Wappinger, does hereby support and concur with the Empire Zone Agreement between the Empire Zone Administrative Board and the Town of Wappinger and agrees to enter into same and further directs Town Supervisor, Joseph Ruggiero, to executed same in substantially the same for as attached hereto as Schedule "A". 3. Following execution of the Empire Zone Agreement, the Town Board of the Town of Wappinger further authorizes payment of the sum of $21,500.00 to the Empire Zone Administrative Board in full satisfaction of the Town of Wappingers Administrative fee for calendar year 2005 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. 2004-295 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW REFUNDS FOR GIGLIOTTI SUBDIVISION The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, on or about January 23, 2003 Patrick Gigliotti deposited Seven Thousand Five Hundred and 00/100 ($7,500.00) with the Town of Wappinger for a lot realignment on the Gigliotti subdivision on Route 376 , and 4 10/25/2004.RGM WHEREAS, Patrick Gigliotti has requested a refund in the amount of Six Thousand One Hundred Ninety and 55/100 ($6,190.55) and has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated August 6, 2004 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 Six Thousand One Hundred Ninety dollars and 55/100 ($6190.55)) made payable to Patrick Gigliotti, Account Number 03-5064, for the refund of the unused escrow funds deposited for lot Realignment on the Gigliotti Subdivision on Route 376. 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- 297 ORDER ESTABLISHING MEADOWOOD DRAINAGE DISTRICT The following Order was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the written Petition of Meadowood Development Corp. dated June 16, 2004, executed by Steven Domber, an officer of the Meadowood Development Corp., owner of 100% of the Meadowood Subdivision ("Subdivision"), has been presented to and filed with the Town Board of the Town of Wappinger, New York requesting the approval of a drainage district to be known as the "MEADOWOOD DRAINAGE DISTRICT", which is more particularly described in the Map, Plan and Report for the Meadowood Subdivision dated May 24, 2004, prepared by Paggi, Martin & Del Bene, LLP, filed in the office of the Town Clerk; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Meadowood Subdivision Stormwater Maintenance District", dated May 24, 2004 and relating to the establishment of the proposed drainage district, were prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town Clerk and has been prepared in a manner and in such detail 5 10/25/2004.RGM that this Town Board has determined that said Map, Plan and Report are in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on October 12, 2004, reciting the filing of said Map, Plan and Report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the Map, Plan and Report describing the same were on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying October 25, 2004 as the date, at 7:30 in the evening of said day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York as the place where this Town Board would meet and consider said Map, Plan and Report, and to hear all persons interested in the subject thereof, and to take such action therein as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law and copies of such Order were duly mailed to Petitioners/homeowners of all properties in the proposed District, and proof of publication, posting and mailing has been duly presented to the Town Board; and WHEREAS, a public hearing on said matter was duly held by said Town Board on October 25, 2004 at 7:30 p.m. in the afternoon on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition thereto; and WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Meadowood Development Corp., to construct the improvements set forth in the Map, Plan and Report solely at its own cost and expense. NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED, DETERMINED AND RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The notice of public hearing was published and posted as required by law, and is otherwise sufficient. 3. The Petitioner as 100% owner of the property was duly mailed a copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petition presented to this Board for the establishment of the MEADOWOOD DRAINAGE DISTRICT were signed and acknowledged as required by law and are otherwise sufficient. 10/25/2004.RGM 5. All the property and property owners within the proposed district are benefited thereby. 6. All the property and property owners benefited thereby are included within the limits of the proposed district. 7. There will be no hook-up fees for any of the properties within the district. 8. There will be no capital costs assessed to the properties within the district for the improvements proposed to be constructed. 9. The estimated annual cost of Operation and Maintenance of the proposed improvements after three years is estimated to be $165 per Benefit Unit for a typical property within the district. 10. A detailed explanation of the improvements to be made and the estimate of Operation and Maintenance charges have been included in the Map, Plan and Report which has been filed in the Office of the Town Clerk and the same has been made available during regular office hours for examination by any person interested in the matter thereof. 11. It is in the public interest to establish the MEADOWOOD DRAINAGE DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the MEADOWOOD DRAINAGE DISTRICT in the Town of Wappinger, Dutchess County, New York, and the improvements therein, as more fully described above and in the aforementioned Map, Plan and Report is hereby approved and established and said drainage district shall be bounded and described as set forth in Exhibit "A" attached to the Petition; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the improvements for the said drainage district as set forth in the Map, Plan and Report are to be constructed by the Petitioner, Meadowood Development Corp., wholly at its own expense, and Petitioner has agreed to convey such improvements to the Town without cost to the Town of Wappinger and/or MEADOWOOD DRAINAGE DISTRICT, free and clear of any liens or encumbrances; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once the drainage improvements as set forth in the Map, Plan and Report have been constructed by the Petitioner and turned over to the Town, the cost for maintaining the district shall be assessed, levied and collected from the several lots and parcels of land within the said district in proportion as 7 10/25/2004.RGM nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom as set forth in the Map, Plan and Report; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner, Meadowood Development Corp., for any fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan and Report or in the formation of this district; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the office of the Clerk of the County of Dutchess, which is the County in which the said Town of Wappinger is located, and another certified copy in the Office of the State Department of Audit and Control, within ten days after the adoption of this Order, pursuant to §195 of the Town 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 Order was thereupon declared duly adopted. EXHIBIT "A" The proposed District shall consist of all lots subdivided from the parcel identified by Tax Parcel No. 19-6257-04- 863284-00 and also known as Parcel 1 of the Meadowood Subdivision, said parcel being bound by Old Hopewell Road (County Route 28) to the north and All Angels Hill Road (County Route 94) to the east. The District shall include all easements and streets dedicated to the Town that are within the subdivision limits. The total area of the District is 99.03+ acres. RESOLUTION NO. 2004-298 RESOLUTION APPROVING PRELIMINARY BUDGET FOR FISCAL YEAR 2005 AND DIRECTING A PUBLIC HEARING THEREON The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Town Supervisor, as Budget Officer, pursuant to Section 106 of the Town Law has presented the Tentative Budget to the Town Board for review, examination and possible revision; and WHEREAS, the Town Board has reviewed same and has made changes thereto deemed reasonable and appropriate. E:3 10/25/2004.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. Pursuant to and in accordance with the provisions of Section 106 of the Town Law and other applicable provisions of law, the annexed detailed statement of estimated expenditures and revenues be and the same is hereby approved and adopted as the Preliminary Budget of the Town of Wappinger for the fiscal year beginning January 1, 2005. 3. The Preliminary Budget adopted herein shall forthwith be filed in the Office of the Town Clerk in the Town of Wappinger where it shall be available for public inspection. 4. The Town Board of the Town of Wappinger shall meet at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 4th day of November, 2004 at 7:30 p.m. and then and there shall hold a Public Hearing upon such Preliminary Budget. 5. The Town Clerk of the Town of Wappinger shall give Notice of such Public Hearing in the format attached hereto by publishing Notice thereof in the Southern Dutchess News, the official newspaper of the Town of Wappinger, and also in the Poughkeepsie Journal, at least five (5) days prior to 11/04/2004 and the Town Clerk shall cause a copy of said Notice to be posted on the sign board of the Town no later than five (5) days before the scheduled Public Hearing. 6. This Resolution shall take effect immediately. 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. 2004-299 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. 9 10/25/2004.RGM BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-301 TOWN OF WAPPINGER TOWN BOARD RE: AMENDMENTS TO THE TOWN CODE, SECTION 240-20 OF THE TOWN OF WAPPINGER ZONING LAW, REQUIRED STREET FRONTAGE — INTRODUCTION OF LOCAL LAW NO. OF 2004 The following resolution was moved by Councilperson Valdati and seconded by Councilperson Bettina. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-20 of the Town of Wappinger Zoning Law, Required Street Frontage should be amended and revised to reduce the minimum required street frontage from 50 feet to 25 feet and to amend the requirement restricting each lot to take access over its own frontage to authorize the Planning Board to allow or require common driveways and cross access easements, under certain circumstances and subject to certain conditions, where deemed beneficial and in the Town's best interest (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default as the only involved agency, the Lead Agency for this action. 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 2004 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as 10 10/25/2004.RGM 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 2004 for 7:30 PM on the 22nd day of November, 2004 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 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 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. UNANIMOUS CONSENT Councilwoman McCarthy moved to place Resolution 302 and 303 on tonight's Agenda, seconded by Councilman Bettina and unanimously carried RESOLUTION NO. 2004- 302 RESOLUTION AUTHORIZING BUDGET TRANSFERS 11 10/25/2004.RGM The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the Town budget as set forth in a letter dated October 21, 2004 from Gerald a. Terwilliger, Comptroller, to Supervisor and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorized the following budget transfers hereby temporarily amending the Town of Wappinger Budget adopted for the calendar year of 2004. Highway Fund Increase B5130.400 Machinery/C.E. $2,974.06 Decrease DB5130.200 Machinery/Equip. $2,974.06 To adjust budget for equipment repairs Central Wappinger Water District Increase WC2665 Sale of Meters $2,000.00 Increase WC8310400 Water Admin/C.E. $2,000.00 To adjust budget for purchase of water meters. 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- 303 RESOLUTION CREATING THE POSITION OF JUNIOR ACCOUNTANT The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town Board wished to created the new position of Junior Accountant, and WHEREAS, the position will pay a salary of Grade 6, Step 3 with an annual salary of $30,197, and WHERAS, the duties of the Junior Account will include: • Prepare summary statements of balances, receipts, and payments. 12 10/25/2004.RGM • Maintain staff control over various accounting methods and procedures to ensure they are within the framework of a manual or automated system. • Review the preparation and posting procedures for services and materials including those involving reimbursements for conformance with established accounting principles. • Prepare and assist in the preparation of schedules and statements. • Verify, classify, and code financial transactions for input following accounting practices subject to law and regulations.. • May maintain personnel records and prepare mandated forms. • Related work. 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 creates the position of Junior Account which will pay a salary of Grade 6, Step 3 with an annual salary of $30,197 with job duties that will include: 3. Prepare summary statements of balances, receipts, and payments. 4. Maintain staff control over various accounting methods and procedures to ensure they are within the framework of a manual or automated system. 5. Review the preparation and posting procedures for services and materials including those involving reimbursements for conformance with established accounting principles. 6. Prepare and assist in the preparation of schedules and statements. 7. Verify, classify, and code financial transactions for input following accounting practices subject to law and regulations. 8. May maintain personnel records and prepare mandated forms. 9. May supervise the work of subordinate personnel. 10. Related work. 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. 13 10/25/2004.RGM At this time, 9:15 p.m., Councilman Bettina moved to go into Executive Session to discuss TransCare, seconded by Councilwoman McCarthy and unanimously carried. The meeting reconvened at 10:29 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 Councilwoman McCarthy and unanimously carried.. The meeting adjourned at 10:30 p.m. t�lG vq v °LI Florence Hannon Deputy Town Clerk 14 Town Board Correspondence Log Document # To From Date Received Re Agenda ' 2004CL - 0133 Joseph Ruggiero,Supervis Ronald Andrews, Deputy 10/14/04 10/18/04 Letter in Support of terminating Alamo's contract 10/25/2004 2004CL - 0134 Town Board Greebaum & Gilhooley's 9/29/04 9/30/04 Notification Rider to Renewal Application 10/25/2004 2004CL - 0135 Mr. Graham Foster, High Frederick Slader, Jr Letter from resident in favor of a "Dump Store" 10/25/2004 2004CL - 0136 Supervisor Joseph Ruggie Senator Steve Saland 9/20/04 9/24/04 Letter in regards to fines being taken away from to 10/25/2004 2004CL - 0137 Joseph Ruggiero,Supervis Harry Girdlestone -Office 9/21/04 9/24/04 State and Local Government Collaboration 10/25/2004 2004CL - 0138 Gloria Morse, Town Cler Senator Steve Saland 9/22/04 10/04/04 Letter in regards to fines being taken away from to 10/25/2004 2004CL - 0139 Sedore and Company, Ja Albert Roberts, Town Alt 9/30/04 10/01/04 Re: Town of Wappinger Pending or Threatened Lit 10/25/2004 2004CL - 0140 Mr. Micheal I Montyskoi Charles Del Bene, Jr. 9/27/04 9/29/04 Reference: Wappinger Park Water Improvement 10/25/2004 2004CL - 0141 Supervisor Joseph Ruggie Heather Kitchen, Town Ju 9/10/04 9/13/04 Court Cases for the month of August 2004 10/25/2004 2004CL - 0142 Supervisor Joseph Ruggie Carl Wolfson, Town Justi 9/8/04 9/13/04 Court Cases for the month of August 2004 10/25/2004 2004CL - 0143 Joseph Ruggiero, Supervi Cynthia Dolan, Boeggem 9/7/04 9/15/04 Re: Tasadfoy v. Town of Wappinger, et al 10/25/2004 2004CL - 0144 Gloria Morse, Town Cler Mark A. Kneifel, DVM 9/10/04 9/17/04 Terminating contract as Animal Shelter for the To 10/25/2004 2004CL - 0145 Mark A Kneifel, DVM A Gloria Morse, Town Cler 9/17/04 9/22/04 in regards to terminating contract as Animal Shelte 10/25/2004 2004CL - 0146 Transcare Hudson Valley, Albert Roberts, Town Art 9/16/04 9/22/04 Ambulance Service Agreement 10/25/2004 2004CL - 0147 United States Environmen Albert Roberts, Town Aft 9/15/04 Environmental Protection Agency 10/25/2004 2004CL - 0148 Joseph Ruggiero, Supervi Trish Maupin, Tax Recie 9/13/04 9/13/04 Monthly Report for August 2004 10/25/2004 2004CL - 0149 Joseph Ruggiero, Supervi Tania Lukianoff, Zoning 9/1/04 9/24/04 Monthly Report for August 2004 10/25/2004 Page 1 of 2 Tuesday, October 19, 2004 10/25/2004.RAFTERS A Hearing was held at the Town Hall, 20 Middlebush Road on October 25, 2004, in regard to a Violation Notice to Repair or Remove an Unsafe Structure known as "The Rafters Bar" located on 1220-1224 Route 9, Wappingers Falls, New York. The notice was served to Robert Tompkins, 24 Straub Road, Pleasant Valley. Supervisor Ruggiero opened the Hearing at 6:51 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Others Present: Emanuel Saris, Attorney Al Roberts, Attorney to the Town Absent: Gloria J. Morse, Town Clerk Emanuel Saris, Attorney explained the purpose of tonight's hearing. Mr. Tompkins was given notice to appear at this meeting. The notice to repair the structure known as the "Rafters Bar." It has been deemed unsafe by the Building Inspector of the Town of Wappinger. Mr. Tompkins was given the opportunity to either address the situation r adequately repair the structure or contest the funding of the unsafe structure. It was now 6:51 p.m. and the notice of hearing stated the time and date of 6:30 p.m. October 25, 2004, at Town Hall. Let the record reflect that the Affidavit of Service with respect to this Notice of Repair was duly filed with the Dutchess County Clerk, along with a notice of Pendency, which sets forth the towns interest for the removal of said structure should it come to demolition so everyone is on notice and that there will be such a levy charged against said property. Without any further ado, it was noted that Mr. Tompkins was not present and it is the understanding that counsel for Mr. Tompkins had informally contacted the Attorney to the Town and advised that such counsel would not be appearing tonight. However, Mr. Tompkins would be appearing tonight without such counsel. At this time Mr. Saris requested George Kolb, Building Inspector for the Town of Wappinger, to come forward and for the record give his reasons for determination of an unsafe structure. Mr. Kolb went over his report that was forwarded to the Town Board in July in which he stated that he had a conversation with Mr. Tompkins back in April- May of this year to discuss the possible remedies for the structure located on Route 9. He advised Mr. 1 10/25/2004.RAFTERS Tompkins what the law as far as property maintenance code allowed the town to do and also the town code. He was advised to come back to the Planning Board. At one time Mr. Tompkins carne before the Planning Board to discuss possible renovations or erecting a new building on the site, but decided against it. A letter was sent to Mr. Tompkins on June 1, 2004 for permission to enter the property for an inspection, which was denied. On July 15, 2004, a visual inspection was performed on the property and the following report was submitted to the Town Board. The building has been in serious state of disrepair and slowly deteriorating since that time. Its use has ceased since that time and no other use on that property has occurred. As you can see from the attached photographs the building has not been taken care of or protected from the elements The general exterior has not been maintained in a sound and sanitary manner and in his professional opinion presents a threat to public health, safety and welfare of the Town of Wappinger. The responsibility of the property owner to maintain this structure is outlined in the Property Maintenance Code of the State of New York Section 303.1. The exterior of this structure as seen, is in a decaying state of both roofing and siding elements. The harboring of rodent infestation and vermin is expected. As evident in the photos provided, the exterior is in need of considerable repair. The interior because of the nature of water penetration is contributing to the structural failure from freeze/thaw cycles with no heat provided to the structure. This posed a hazard to both the possibility of unauthorized people entering the building and property as well as possible fire hazards associated with the fighting of fire in that structure. The building as it exists, is unfit for the purposes in which it may be lawfully used. Any possible use for the structure will require extensive renovation if at all possible to meet current N.Y.S. Building Code requirements as well as current Zoning Laws and Planning Board review because of the time period of vacancy of the structure. It is his professional opinion that this structure, in its current state of disrepair be demolished and removed by the owner by notice and commencement of hearing by the town board to initiate the removal if need be by the Town of Wappinger as called for in Section 93-5 of Town Law. Mr. Saris said the notice was posted on the property as well. The notice to repair ordered repair to begin by October 20th That is why we picked October 24th in order give Mr. Tompkins time to come in and say he was going to begin repairs or the reason he hasn't. He as been given until November 201h to complete the repairs, should he elect to do so with the approval of the Town Board. His recommendation to the 2 10/25/2004.RAFTERS Town Board is, the findings of fact be drafted, commensurate with the proceedings and the testimony of the Building Inspector which can be filed with the Town Clerk and thereafter a levy for the charge of the demolition be levied against the property. Supervisor Ruggiero wished to know, "If work commences after this hearing does that stop the process?" Mr. Saris replied "No." His recommendation to the Town Board would be to invite Mr. Tompkins to come in because the issue would be whether or not adequate repair can be undertaken. Supervisor Ruggiero wished to know if the Town Board should wait until after the November 20th date to pass any other Resolutions? Mr. Saris responded "No", unless we have some contact with Mr. Tompkins this week. It's up to the discretion of the Town Board.". Supervisor Ruggiero asked, "Is it correct to say, in order to prepare finding and fact there will a Resolution forthcoming that we can declare what the finding and facts are?" Mr. Saris replies, "Yes". Mr. Kolb announced that he did contact Mr. Tompkins originally on the advisement of the Planning Board chairman to have him return and discuss the possible situation of the building and Mr. Tompkins declined. The levy of charge for demolition will be charged against the owner. Mr. Kolb said he would get estimates. There were no further questions or comments Councilman Valdati moved to close the Hearing, seconded by Councilman Bettina and unanimously carried. The Hearing closed at 7:10 p.m. Florence Hannon Deputy Town Clerk 3 10/25/2004. PH A Public Hearing was held by the Town Board of the Town of Wappinger on October 25, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Establishment of the Meadowood Drainage District. Supervisor Ruggiero opened the meeting at 7:30 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 Absent: Gloria J. Morse, Town Clerk The Deputy Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. There were none. Councilwoman McCarthy moved to close the Public Hearing seconded by Councilman Paoloni and unanimously carried. The Public Hearing closed at 7:35 p.m. By Florence Hannon Deputy Town Clerk 0lJ 1- f t h J,1 D IYF C C E t:-'� IIEW" W E - :r i , E r., ca - i 1 _ ('� t ink -F-Fida�it a -F Pub1 i<--at:,3.CD, n J^ :> = 1JAf1( T[,Ir7ER'S f="Al_L_`; , J Cil•tJI`1 P , 0 B, t_I; : :;'24 'Jt.at,.r, {;i -f rIf•_fns YORK I.: NOTICE OF ADOPTION OF ORDER CALLING PUBLIC HEARING ON THE ESTABLISHMENT OF THE MEADOWOOD DRAINAGE DISTRICT PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger, Dutchess County, New York on the 12th day of :ober, 2004, duly rpted the Order pub- ied herewith calling a ulic hearing. �!lRIDER CALLING PUBLIC HEARING ON THE ESTABLISHMENT OF THE MEADOWOOD DRAINAGE DISTRICT WHEREAS, the written Pe- tition of Meadowood De- velopment Corp. dated June 16, 2004, executed by Steven Domber, an of- ficer of the Meadowood Development Corp., has been presented to and filed with the Town Board of the Town of Wapping- er, New York requesting the approval of a drainage district to be known as the "MEADOWOOD DRAIN - 0290 Poughkeepsie -journai Poughkeepsie, N.X. orFm111117 OF PUBLICATION AGE DISTRICT", which is more particularly de- scribed in the attached Map, Plan and Report for the Meadowood Subdivi- sion dated May 24, 2004, prepared by Paggi, Martin & DelBene, LLP, filed in the office of the Town Clerk; and WHEREAS, Meadowood Development Corp. is the owner of 100% of the property contained in the proposed drainage dis- trict; and WHEREAS, the properties to be included within the MEADOWOOD DRAIN- AGE DISTRICT consist of this properties described in Exhibit "A" attached hereto and hereby incor- porated herein; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Meadowood Subdivision Stormwater Maintenance District:, dated May 24, 2004 and relating to the establishment of the pro- posed drainage district, was prepared by Paggi, Martin & DelBene, LLP, duly licensed civil engi- neers of the State of New York; and WHEREAS, the aforemen- tioned Map, Plan and Re- port, has dully been filed with the Town Clerk, and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report is in ac- cordance with the require- ments of Article 12 of the Town Law; and WHEREAS, the im- provements proposed consist of the construction and maintenance of a drainage system to serve the properties within said district in accordance with certain plans incorporated in the Map, Plan and Re- port and which is hereby approved and adopted by this Town Board and is now on filed in the office of the Town Clerk; and WHEREAS, the Petitioner, Meadowood Development Corp., shall construct said drainage system at its own expense and upon completion to transfer drainage system to the Town of Wappinger an- d/or Meadowood Drain- age District, without any cost to the Town, and all costs and expenses occa- sioned by the creation of this District shall be borne by the Petitioner, Mead- owood Development Corp.; and WHEREAS, Meadowood Development Corp. shall install all improvement referenced in the Map, Plan & Report and ded- icate same to the District upon completion thereof; and WHEREAS, the im- provements to be con- structed for the MEAD- OWOOD DRAINAGE DIS- TRICT shall consist of 39 first-year costs to the typ- ical property in the MEAD- OWOOD DRAINAGE DIS- TRICT is contained within the aforesaid Map, Plan and Report which has been filed in the office of the Town Clerk where the same is available during regular office hours for ex- amination by any person interested in the subject manner thereof and WHEREAS, the Town Board determines that the creation of this Drainage District is a Type II action as defined in 6NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger, and accor- dingly, the Town Board hereby expressly deter- mined that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SE- QRA_ or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Park 617; and WHEREAS, it is now de- sired to call a public hear- ing upon the question of the establishment of the MEADOWOOD DRAIN- AGE DISTRICT, all pursu- ant to subsection 209-d of the Town Law. lF NOW, THEREFORE, BE IT nz ORDERED, by the Town by Board of the Town of Wappinger, Dutchess nt County, New York as fol- _�Z lows: 1. Recitations Incorporat- ed. The recitations above set forth are incorporated A in this Order as if fully set forth and adopted herein. 2. Public Hearing. The Town Board hereby deter- mines that a meeting of the Town Board of the Town of Wappinger, Dut- chess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 25th day of October, 2004 at 7:30 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establish- ment of the MEAD- OWOOD DRAINAGE DIS- TRICT described in the preambles hereof and to consider the Map, Plan and Report filed in rela- tion thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be, required by law or as shall be prop- er in the premises. 3. Posting. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be pub- r lished once in the South- ern Dutchess News, the official newspaper of the Town, and the Pough- keepsie Journal, the first publication thereof to be not less than ten nor more State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie Dutchess County, New York, being duly sworn, says that a the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Divisio) of Gannett Satellite Information Network, Inc., publisher o the POUGHKEEPSIE JOURNAL, a newspaper printed ant published every day in the year in the city o Poughkeepsie, Dutchess County, New York, and that th, annexed NOTICE was duly published in the said newspape Re in1*E&�gUccessively, in each week, commencinl on the day o )C -t. 2004 and on the following date thereafter, namely on: And ending on the day r 2004 both days inclusiv, Subsc ' ed nd worn to before me this da o , 2004 C Notary Public My commission expires LESLIE SNERADFN Notary Public, ct3tP of i�..Jt„w York ^Jo U1SN50187:;5 Qllc3lifiE'd �n ExpiresDutchesswg�z_ C:omfTllStSltirExpires __4 AFFIDAVIT OF POSTING STATE OF NEW YORK ss: COUNTY OF DUTCHESS I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York depose and say: That on the /I ay of 2004, I caused to be posted on the official signboard maintained by me pursuant to Subdivision 6 of Section 30 of the Town Law, an order, certified by me, duly adopted by said Town Board on the/ -,,2- day of all , •, 2004. A true and correct copy of such order in the exact form in which the same was actually posted is attached hereto and made a part hereof. Subscribed and sworn to before this W. day of 01e�2004 Notary Publ MARIA GILBRIDE Notary Public, State of New York Reg. No. OIG15087374 Qualified in Dutchess County Commission Expires Nov. 3, i To n Clerk 17 \\Vsrp03\Common\Wappinger\Town Board\DRAINAGE DISTRICTSWeadowood\Order Calling PH.doc