2004-09-13 RGMMonday, September 13, 2004
7:30 pm
Wappinger Town Hall
AMENDED AGENDA
Call to Order
Roll Call, Salute to the Flag
Public Hearing:
• Public Hearing for Community Development Block Grant for Chelsea
Water
Discussions:
• Curfew Local Law
• 78 Losee Road Water Connection
• Rafters
Resolutions:
2004-263 Reserved
2004-264 Resolution Authorizing Fire Inspector & Deputy Zoning
Administrator to Attend Training
2004-265 Resolution Authorizing Escrow Refund for 347 All Angels Hill
Road
2004-266 Resolution Authorizing Escrow Refund for 79 Pye Lane
2004-267 Resolution Setting Public Hearing for Curfew Local Law
2004-268 Resolution Setting Public Hearing to Introduce Local Law for
Recreation Fee
2004-269 Resolution Setting a Public Hearing for a Local Law for Stop
Sign at Booth Blvd.
2004-270 Resolution Affirming Cojocaru Water Connection Determination
2004-271 Resolution Authorizing Rental Rates for Highway Equipment
2004-272 Resolution Authorizing Repair or Removal of the Rafters
Building
2004-274 Resolution Terminating Ambulance Service with Alamo and
Appoint TransCare Hudson Valley the Interim Ambulance
Provider for Town of Wappinger Ambulance District
New Business/Comments:
Executive Session:
• Alamo Ambulance
• Gaslands
• Exxon Gasoline Spill
• New Boyce Lawsuit (Report from Town Attorney)
Adjournment
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09/13/2004.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on September
13, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the
Community Development Block Grant for Chelsea Water. 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
Gloria J. Morse Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts, Attorney to the Town
Graham Foster, Highway Superintendent
The Town Clerk offered for the record, the Affidavits of Posting and Publication duly
signed and notarized. (These Affidavits are attached
hereto and made part thereof the Minutes of this Hearing).
Supervisor Ruggiero explained that tonight we are applying for a Block Grant for the
Chelsea area future water project. As part of the overall Master Plan development we
are looking at the areas around the Town of Wappinger that are currently served by wells
because we have received numerous complaints in regard to the quantity and quality of
water.
Several years ago, the Town went out to Bond in order to provide potable water for the
residents of Wappinger Park and the Town applied for, and received, a Block Grant for
$102,000, which helped to offset the cost to the residents. We have no set project for
Chelsea, but Councilman Bettina has made numerous requests for the Town Board to
look into the feasibility of providing a water study in the Chelsea Area. Tonight's
meeting is to get input from the residents as to whether or not the Town should make an
application for a Grant. The Town wishes to get input from the residents in order to do a
study. At this time there is a private project in the works by the corporation that owns
Chelsea Ridge apartments. They have had water problems for many years. They are
working to contract with the Village and Town of Fishkill to build a water main, from
Fishkill through Baxtertown Road across 9D down Chelsea Road to where the Chelsea
Ridge driveway meets. This is where the water main would end. They wish to know,
down the road, if the Town would be interested in taking over that water pipe. We have
been told the project itself may be in jeopardy because of other issues at the source out in
the Village of Fishkill. If that does not happen, the likelihood of Chelsea being served
with water diminishes greatly. The source is the key component to providing water to
Chelsea. Before turning the meeting over to Jay Paggi, Engineer to the Town,
Councilman Bettina had a few words to say to the residents. Councilman Bettina
explained over the years, residents have asked why water, and not sewer. This water that
is being brought in, if it does get in, will not be used for vacant land or new construction,
it will strictly be use for existing homeowners. When you create a district some residents
09/13/2004.PH
might say they just spent 5K on a new well, and their water is just fine, and they won't
need water. Once a district is created, everyone is charged. The line that goes to your
house is your obligation. He has heard of 10-12 people who have passed away due to
cancer. Chelsea Ridge may not be able to bring in a water line, but the issue is if they do,
and we can tie in, it would be helpful if the cost can be offset. At this time Supervisor
Ruggiero turned the meeting over to Jay Paggi, Engineer to the Town. Mr. Paggi gave a
brief description of the proposed water line which would amount to an extension of 2%z
miles of pipe. If the proposed water line went through, the town would be given full
ownership of the water pipe at no cost. That would afford the town some potential use of
that water main. One of the projects that has been discussed for a long time was to
provide central water facilities to the Hamlet of Chelsea. We looked at extending the
main to where there are homes today; All the streets that we would pass on the way
down from the top of the hill into the hamlet. That can only happen if and when the
Chelsea Ridge people extend that main from the Village of Fishkill down to their
southerly gates and if the Town is successful in further negotiations with the Village of
Fishkill to purchase that quantity of water that would be necessary to serve the extension
down into the hamlet. If Chelsea Ridge extends the pipe, the Town would need to
negotiate with the Village of Fishkill for approximately 70,000 gallons of water per day
to serve the residents. Then a water district would need to be formed over an area. The
desk top study included those areas that were just discussed. It did not extend south on
River road past Lott's house before the Town Park, and did not extend further north on
River Road North 3 or 4 houses north of North Street. He sees people in the audience
tonight who are outside the study area, and the thought was to invite people close to that
study area to see if there is additional interest in extending that area and providing central
services on Sky Top, Stenger Court and streets a little further up where there are existing
homes and not for future development.
The desk top study that he did to serve the hamlet proper would extend the pipe down
from the southerly entry road of Chelsea Ridge, extend the pipe down into the hamlet and
pick up all the streets to install water service at each house, which would include water
service connection. They would tap an eight inch main that would be installed in the
street, run a one inch service connection into the front yard of everyone's property and
dead end it with the curb valve. When the home owner chooses to hook up, then the
homeowner would take it from that point and extend the 3/4 inch pipe into their house and
obtain the water from the municipal supply rather than their own supply. It has been
determined that to extend the pipe throughout that entire area is a multimillion dollar
project in excess of $4 million dollars. He explained that Serial Bonds are issued with a
twenty year pay back that is borne by the residents which they would see as a line item
on their tax bills. When Mr. Paggi ran a desk top study for this project the costs came out
in excess of $1,400 per resident per year. The reason for that cost is the large length of
pipe versus the scarcity of homes. Because of the cost involved, the town thought it
would be appropriate to entertain a Block Grant Application to Dutchess County for this
potential project. This is just an application to see if funds can be secured to defray these
2
09/ 13/2004.PH
The desk top study that he did to serve the hamlet proper would extend
the pipe down from the southerly entry road of Chelsea Ridge, extend the
pipe down into the hamlet and pick up all the streets to install water
service at each house, which would include water service connection.
They would tap an eight inch main that would be installed in the street,
run a one inch service connection into the front yard of everyone's
property and dead end it with the curb valve. When the home owner
chooses to hook up, then the homeowner would take it from that point
and extend the 3/4 inch pipe into their house and obtain the water from
the municipal supply rather than their own supply. It has been
determined that to extend the pipe throughout that entire area is a
multimillion dollar project in excess of $4 million dollars. He explained
that Serial Bonds are issued with a twenty year pay back that is borne
by the residents which they would see as a line item on their tax bills.
When Mr. Paggi ran a desk top study for this project the costs came out
in excess of $1,400 per resident per year. The reason for that cost is the
large length of pipe versus the scarcity of homes. Because of the cost
involved, the town thought it would be appropriate to entertain a Block
Grant Application to Dutchess County for this potential project. This is
just an application to see if funds can be secured to defray these costs.
If we are successful in obtaining a grant in 2004 we may be able to
apply for a second grant in 2005. If we are successful in obtaining this
Block Grant, it would be money the district would not need to raise in
the bond that would eventually pay for the construction. Supervisor
Ruggiero now wished to open the meeting to the public for comments or
question.
Jean Radice of 203 Chelsea Road said her piece of property has access to
the water district in Fishkill, with an easement to allow the water to come
through. She also has natural running streams that can not be shut off
that produce great water. The town can make a water district from her
farm. Rick Harrison of 106 Caroline E. was in favor of bringing water to
the Chelsea area. because he spends a lot of money on bottled water.
Phyllis Novak of 219 River Road North wished to know where Fishkill got
their water from. Mr. Paggi replied the Village of Fishkill receives their
water south on Route 9 in the Clove Creek Aquifer. Mr. Pago explained
that the costs that he spoke about this evening only have to do with this
area. When and if a property is placed in a water or sewer district, and
there is X number of dollars spent to construct the improvements, the
Capital Debt repayment to each property owner is on your tax bill
whether you hook up or not. If they were not hooked up to water, they
3
09/ 13/2004.PH
would not pay a quarterly meter charge. Fred Dysard of Circle Drive
was not in favor of bringing water in. James Tompkins of Market Street
was in favor of the project. Supervisor Ruggiero explained that this
project is based on Chelsea Ridge moving forward. June Weyant wished
to know the results of the survey. Mr. Paggi went over results. June
Weyant is against the project at this point. Mr. Corbin of North Street
said if the board felt that strongly that their may be a relationship
between the water and cancer, they should do a study As far as the
cancer theory in this area, Supervisor Ruggiero informed the residents
that the New York State Assembly did a cancer cluster study several
years ago, state wide, and the study came back to show no conclusive
evidence of cancer. Dave Katz of 106 Chelsea Road is in favor of the
project. Dwight Hamilton 3 Circle Drive is against the projects, because
he does not want to pay to assist Chelsea Ridge apartments. Supervisor
Ruggiero answered that we will not take over that pipe unless Chelsea
Ridge pays for it, and it meets town specs and codes. Chelsea Ridge
proposes to gift it to the town at no cost. July Brickner of 58 River Road
is not in favor of the project because of the cost. She also represents the
Methodist Church in Chelsea, a very small congregation which can not
afford it. Carl Baskin owner of property on # 1 Caroline Drive is in favor
of project and the benefit of getting fire hydrants which would lower fire
insurance. Angela Bettina of #1 Booth Boulevard is in favor of project
Kevin Gibson of 20 Spring Street is defmitely against the project because
of the cost. Carolyn VanVlack of 19 Broadway is for the project because
of the sulfur in her water. Gilbert Bardy of 148 Chelsea Road is for it.
Mrs. Rascoe of 216 River Road North was for the project. Wendy Smart
of 191 River Road North was concerned about the cost. The Engineer to
the Town explained Benefit unit formulas to the residents. Jim Turco of
Chelsea Road wished to know, if the one hundred acre tract of land
owned by Chelsea Ridge development were approved for development,
would they also be entitled to the water. Supervisor Ruggiero responded
only if they are in the water district and then the redistribution for the
tax levy for the bonds would be assessed. Once they are in the water
district, then they are entitled to the water. It has been the policy of the
town to serve those that have been here first, we do not wish to trigger
over excessive growth. Councilman Bettina said we are not looking to
expand the water district to anyone other than existing homes that need
it due to problems with their wells and water At this time the
Supervisor requested Mr. Paggi to explain how a Benefit Unit worked.
Mr. Paggi said when a district is formed the town adopts what is called a
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09/13/2004.PH
Benefit Unit formula. A Benefit Unit is a house on a lot of two acres or
less. If there is vacant residential land with no houses on it and it's
proposed to be in the district, it's realized that there is certain value to it.
If it is a one hundred acre parcel which is in the district, the town has set
a formula of .2 Benefit Units per acre. Property unbuilt, would realize
20 Benefit Units. If and when one hundred houses were to be built it
would be one hundred Benefit Units, so you would realize a gain of 80
Benefit Units. The yearly charge to the total number of residents would
be decreased because the number would be divided by a figure of 80
Benefit Units. June Weyant asked: " If the bond is for 25 years, what is
the life of the water pipe?" Mr. Paggi replied, considering the materials
we are using today, about 100 years. John Anderson of Stenger Court
wished to know who would have control of the water pipe. Supervisor
Ruggiero explained if the town does not take the water pipe, Chelsea
Ridge controls where the water goes. Once they turn the water over to
us, we have control over where the water goes or does not go. Ray
Norcross, of 5 Skytop wished to know, if the pipe is only extended down
to the southern end of Chelsea, would it still be in the town's interest to
take over the pipe at that point? Supervisor Ruggiero replied, "Yes".
Supervisor Ruggiero wished to let everyone know that the Town is
working on this, but it does not seem very feasible at this point. He
wished to thank everyone for attending tonight's meeting and said "
When we get the results back from this Grant we will be communicating
with you."
There were no further questions or comments from the audience.
Councilman Bettina moved to close the Public Hearing, seconded by
Councilwoman McCarthy and unanimously Carried.
The Public Hearing closed at 8:30 p.m.
lona J., se
Town Cl
R
1 t4
Poughkeepsie, MY.
NOTICE OF
bow PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY
GIVEN that the Town
Board of the Town of
Wappinger will conduct a
PUBLIC HEARING on the
13th day of September,
2004, at 7:30 p.m. at the
Town Hall, Town of Wap-
pinger, 20 Middlebush
Road, Wappingers Falls,
New York, at which time
all parties in interest and
citizens shall have an op-
portunity to offer com-
ments and suggestions on
the intended use of Com-
munity Development
Block Grant Funds being
applied for by the Town of
Wappinger pursuant to
the Dutchess County De-
partment of Planning and
Development's Commu-
nity Development Block
Grant Program.
PLEASE TAKE FURTHER
NOTICE that the purpose
and intent of the Public
Hearing is to allow the citF
zens of the Town of Wap-
pinger to offer comments
and suggestions 9n the
Town's intended use of
Community Development
Block Grant Funds in fur-
therance of assisting the
Town Board of the Town of
Wappinger to determine the
best use of such funds in
light of the Town's needs
and to draft a Resolution re-
lating to the Town's in-
tended use of Commw+iry
Development Block Grant
Funds that it may receive.
PLEASE TAKE FURTHER
NOTICE that the Town
Board has determined that
pursuant to 6 NYCRR 617.5
(c) (20) the proposed adop-
tion of the aforementioned
RESOLUTION calling a
Public . Hearing is a Type II
action not requiring environ-
mental review pursuant to
the State Environmental
Quality Review Act (SE -
ORA) or pursuant to Local
Law No. 6 of 1992 and, ac-
cordingly, no environmental
review has been underta-
ken.
Dated: August 30, 2004
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
WAPPINGER
0290 GLORIA J. MORSE, TOWN
CLERK
3016
R1 I
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi
, of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says that at
the several times hereinafter mentioned she was and still is
the Principal Clerk of the Poughkeepsie Newspapers Division
of Gannett Satellite Information Network, Inc., publisher of
the POUGHKEEPSIE JOURNAL, a newspaper printed and
published every day in the year in the city of
Poughkeepsie, Dutchess County, New York, and that the
a nneyd nOj1gkori s duly published in the said newspaper
for weeks successively, in each week, commencing
on the 2nd day of
200_ and on the following dates
thereafter, namely on:
And ending on
day of
. 004 ,both days inclusive.
Subscribed a
,0 sworn to before me this
day of , 2004 ,9
Notary Public
4c,1 mmilsion expirh lc'�f' Y' Dom'
.__......5 ..,......
SOUTHERN DUTCHESS NEWS
BEACON FREE PRESS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 12590
^'Ff 1 da. -,.f 1 t
To: WAPPINGERS FALLS, TOWN
P.O. BOX 324
WAPPINGERS FALLS, NY 12590
Re: Legal notice #64665
State of NEW YORK
} S5
County of DUTCHESS
of Puts 1 1 +✓at z cD, n
I, TINA HEATH., bein!) duly sworn., depose and
say. that I am the BOOKKEEPER of Southern
Dutchess News, a weekly newspaper of general
circulation published in WAPPINGERS FALLS,
County of DUTCHESS, State of NEW YORK; and
that a notice, of which the annexed is a
printed copy, was duly published in Southern
Dutchess News once on 09!01/04.
Sworn to before me this 9th day of September, 2004
µ Notary Public
NOTARY l i
d:T'
co Miss(o� EXIFIH14 JUN 7
NOTICE ICE OF PUBLIC HEARING
Planning and Development's Com -
munity Development Block Grant
RRING
OF WAPPIN
Program.
NOTICE IS HEREBY GIVEN that
PLEASE TAKE FURTHER NO -
the Town Board of the Town of
TICE that the purpose and intent of
Wappinger will conduct a PUBLIC
the Public Hearing is to allow the
HEARING on the 13th day of Sep-
citizens of the Town of Wappinger
tember, 2004, at 7:30 p.m. at the
to offer comments and suggestions
Town Hall, Town of Wappinger, 20
on the Town's intended use of Com-
Middlebush Road, Wappingers
munity Development Block Grant
Falls, New York, at which time all
Funds in furtherance of assisting
parties in interest and citizens shall
the Town Board of the Town of
have an opportunity to offer com-
Wappinger to determine the best
ments and suggestions on the in-
use of such funds in light of the
tended use of Community Devel-
Town's needs and to draft a Reso-
opment Block Grant Funds being
lution relating to the Town's intended
applied for by the Town of
use of Community Development
Wappinger pursuant to the
Block Grant Funds that it may re-
Dutchess County Department of
ceive.
PLEASE TAKE FURTHER NO-
TICE that the Town Board has de-
termined that pursuant to 6 NYCRR
617.5 (c) (20) the proposed adop-
tion of the aforementioned Resolu-
tion calling a Public Hearing is a
Type II action not requiring envi-
ronmental review pursuant to the
State Environmental Quality Re-
view Act (SEQRA) or pursuant to
Local Law No. 6 of 1992 and, ac-
cordingly, no environmental review
has been undertaken.
Dated: August 30, 2004
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
WAPPINGER
GLORIA J. MORSE, Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON THE
PROPOSED USE OF COMMUNITY
DEVELOPMENT FUNDS FOR THE
THE TOWN OF WAPPINGER
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
GLORIA J. MORSE, being duly sworn deposed and says:
AFFIDAVIT OF
POSTING
That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger,
County of Dutchess and State of New York. That on August 31, 2004, your deponent
posted a copy of the attached notice of Public Hearing on the proposed use of
Community Development Funds for the Town of Wappinger, on the signboard
maintained by your deponent in her office in the Town Hall of the Town of Wappinger,
20 Middlebush Road, Wappingers Falls, Dutchess County, New York.
Sworn to before me the
day of 12004
�G
G
NOTARY P LIC
GLOJGYJ. M SE
Tow Clerk
T wn of Wappinger
MARIA GILBRIDE
Notary Pvblic, State of New York
Reg. No. OIG15087374
Qualified in Dutchess Coun
Commission Expires Nov. 3,
it
09/13/2004.WS
The Workshop Meeting of the Town of Wappinger was held on September 13, 2004
at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York.
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
Gloria J. Morse, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts, Attorney to the Town
Graham Foster, Highway Superintendent
PUBLIC HEARING:
• Public Hearing for Community Development Block Grant for Chelsea Water.
The Public Hearing closed at 8:35 p.m.
At 8:36 pm, Councilwoman McCarthy moved to go into Executive Session to discuss
Alamo Ambulance, seconded by Councilman Bettina and unanimously carried.
The meeting reconvened at 9:55 pm with all board members in attendance.
DISCUSSIONS:
• Curfew Local Law. Al Roberts, Attorney to the Town gave a short
presentation and informed the board there is a legal memorandum that was
supplied with the proposed introduction Resolution of the local law and
suggests the board members read it. Supervisor Ruggiero announced a
public hearing will be set tonight for a meeting next month.
0 78 Losee Road Water Connection. Supervisor Ruggiero informed the board
that prior to going into the hospital there was discussion in regard to a parcel
located on 78 Losee Road requesting to connect to town water. The board
reviewed the minutes of that meeting of June 14, 2004, which indicated the
owners of the property, John and Ann Cojocaru would have to commit to
building only one home on the property and no further development. Al
Roberts, Attorney to the Town received a letter from Mr. Gardell of Gardell
Associates which was not positive and he rejected it. He then forwarded a
letter to Mr. Gardell indicating that his clients would need to put a
restrictive covenant prohibiting further subdivision. In his reply, Mr. Gardell
indicated that the minutes incorrectly reflected the discussion held and he
remembers the board changing their mind. At that point he requested Mr.
Roberts to review the tape recordings of the June 14, 2004 minutes and it did
appear to change as the meeting progressed. After further discussion, Mr.
Roberts prepared a letter suggesting only one water connection would be
1
09/13/2004.WS
permitted, but not prohibiting further development. At that point Supervisor
Ruggiero read the letter and said "no", that's not what he understood the
story to be, and tonight's resolution is to clarify the boards position on this
matter. Discussion followed. This was further explained to the owner of 78
Losee Road who was in the audience.
• Rafters—A report was received from George Kolb, Building Inspector on the
condition of the building. He reported that a violation notice to repair or
remove the unsafe structure had been served on the owner, Robert Tompkins.
A hearing has been scheduled before the Town Board on October 25, 2004 to
provide the owner the opportunity to submit proof of compliance or to contest
the determination of the Building Inspector.
RESOLUTION NO. 2004-264
RESOLUTION AUTHORIZING FIRE INSPECTOR AND DEPUTY ZONING
ADMINISTRATOR TO ATTEND A TRAINING CLASS
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman McCarthy.
WHEREAS, the Town Board wishes to authorize Mark Liebermann, Fire Inspector
and Susan Dao, Deputy Zoning Administrator, to attend the Capital District
Building Officials Educational Conference on October 18,19, 20, 2004 in Albany,
New York.
NOW, THEREFORE, BE IT RESOLVED, that Mark Liebermann, Fire Inspector
and Susan Dao, Deputy Zoning Administrator, is hereby authorized to attend the
Capital District Building Officials Educational Conference on October 18, 19, 20,
2004 in Albany, New York, at a cost not to exceed seven hundred nineteen dollars
and no 00/100 ($719.00) .
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. 2004-265
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS
FOR 347 All ANGELS HILL ROAD
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Bettina.
WHEREAS, on or about November 13, 2004 Christina Day deposited One
Thousand and 00/100 ($1,000.00) with the Town of Wappinger for seeding for 347
All Angels Hill Road, and
X
09/13/2004.WS
WHEREAS, Christine Day has requested a refund in the amount of one thousand
and 00/100 ($1,000.00) and has been recommended by George Kolb, Building
Inspector to the Town of Wappinger, in his letter dated August 30, 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 one thousand dollars and 00/100
($1,000.00)) made payable to Christine Day, Account Number 2003-0335,
for the refund of the unused escrow funds deposited for the property
located at 347 All Angels Hill Road.
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. 2004-266
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS
FOR 79 PYE LANE
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilwoman McCarthy.
WHEREAS, on or about February 12, 2004 Colleen A. Karabinos deposited fifteen
hundred and 00/100 ($1,500.00) with the Town of Wappinger for seeding for 79 Pye
Lane, and
WHEREAS, Colleen A. Karabinos has requested a refund in the amount of fifteen
hundred and 00/100 ($1,500.00) and has been recommended by George Kolb,
Building Inspector to the Town of Wappinger, in his letter dated September 3, 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 fifteen hundred dollars and
00/100 ($1,500.00)) made payable to Colleen Karabinos, Account Number
2002-0763, for the refund of the unused escrow funds deposited for the
property located at 79 Pye Lane.
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
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09/13/2004.WS
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2004-267
RESOLUTION AUTHORIZING THE INTRODUCTION OF A LOCAL LAW
ENTITLED "LOCAL LAW NO. OF THE YEAR 2004, CURFEW"
The following resolution was moved by Councilwoman McCarthy and seconded by
Councilman Paoloni.
WHEREAS, the Town Board of the Town of Wappinger recognizes that Halloween
celebratory activities of individuals especially minors under the age of 18 years
during the hours of 9:00 p.m. to 4:00 a.m. on October 30 and October 31 frequently
and regularly threaten the peace and quiet of residential neighborhoods and pose a
threat to the health, safety, convenience and general welfare of the residents of the
Town of Wappinger; and
WHEREAS, the Town Board of the Town of Wappinger has currently before
it a proposed local law which will regulate the activities of minors during the hours
of 9:00 p.m. to 4:00 a.m. on the following day on October 30 and October 31 in public
places and residential neighborhoods in the Town of Wappinger; and
WHEREAS, the Town of Wappinger highly values the health, safety and general
welfare of its minors and has a vested interest in preserving and nurturing this
valuable investment; and
WHEREAS, persons under the age of eighteen (18) are susceptible to participate in
unlawful activities during the Halloween holiday and be victims of older
perpetrators of crime by their lack of maturity, experience and vulnerability; and
WHEREAS, the physical and psychological wellbeing of our minors is threatened
by the increasing influence of criminal activities and occurrences of criminal
activities during the Halloween holiday; and
WHEREAS, the Town believes that the parental responsibility and supervision
must be encouraged and promoted; and
WHEREAS, in public places during the late night and early morning hours, minors
are particularly susceptible to be victimized and abused on Halloween; and
WHEREAS, the darkness of late night and early morning hours on the holiday
make it more difficult for law enforcement officers to prevent and solve certain
types of crimes, including juveniles' graffiti, malicious mischief, vandalism, and acts
of violence; and
WHEREAS, the Town Board finds that reasonable regulations on the hours during
which juveniles under the age of 18 may be in or upon public streets, parks, or other
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09/13/2004.WS
public places during Halloween will protect the juveniles of this municipality and
reinforce parental responsibility and authority; and
WHEREAS, the Town Board has determined that the Local Law, as proposed,
which will allow for the regulation of the activities of minors under the age of 18
years during the hours of 9:00 p.m. to 4:00 a.m. on the following day on October 30
and October 31 and is a Type II Action as defined in 6 NYCRR 617.5 and Section
117 of the Code of the Town of Wappinger, not requiring environmental review
pursuant to provisions of the New York State Environmental Quality Review Act
(SEQRA).
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as
if fully set forth and adopted at length herein.
2. 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.
3. The Town Board determines that the enactment of the
aforementioned Local Law is a Type II Action as defined in 6
NYCRR 617.5 and Section 117 of the Code of the Town of
Wappinger, not requiring environmental review pursuant to the
provisions of the New York State Environmental Quality Review Act
(SEQRA).
4. The Town Board hereby schedules a Public Hearing on the proposed
adoption of Local Law No. of 2004 to be held at Town Hall, 20
Middlebush Road, Wappingers Falls, New York, on the 12th day of
October, 2004 at 7:30 p.m., and that the Town Clerk is directed to
post and publish notice of the Public Hearing, as required by law, in
the form annexed hereto.
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. 2004-268
RESOLUTION INTRODUCING "LOCAL LAW NO. OF THE YEAR, 2004,
AMENDING §122-16.L(2) OF THE TOWN OF WAPPINGER CODE TO
INCREASE
THE SUBDIVISION RECREATION FEE CONTAINED THEREIN"
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09/13/2004.WS
The following resolution was introduced by Councilman Paoloni and seconded by
Councilwoman McCarthy.
WHEREAS, the Town Board hereby recognizes that property values in the Town
have been consistently increasing over the past several years, and that residential
development and the local population have been growing; and
WHEREAS, the Town Board determined that it was necessary to undertake a
study of the subdivision recreation fee currently charged by the Town to determine
whether the current fee is adequate to enable the Town to purchase and improve
lands suitable for meeting the Town's current and future residents' recreational
needs; and
WHEREAS, the Town Board requested the firm of Frederick P. Clark & Associates
to undertake such a study as aforementioned; and
WHEREAS, the firm of Frederick P. Clark & Associates did undertake a study at
the Town's request to evaluate and establish the current value of land suited for
recreational purposes in the Town of Wappinger so that the Town would be able to
determine an appropriate recreation fee in lieu of taking land as authorized by
Town Law §277; and
WHEREAS, the firm of Frederick P. Clark & Associates prepared a report of study
it performed dated May 20, 2004 wherein it detailed its findings and
recommendations, a copy of which is available in the Town Clerk's office; and
WHEREAS, the Town Board has reviewed and duly considered the May 20, 2004
report and recommendations of Frederick P. Clark & Associates (hereinafter "the
Report"); and
WHEREAS, the Report indicates, and the Town Board agrees, that additional
residential development potential exists in the Town under current zoning policies
and that in order to provide for the recreation needs of those future residents,
additional land will need to be acquired since the Town does not presently have any
excess recreation land; and
WHEREAS, the Report indicates, and the Town Board agrees, that, based on
projections of the growth in dwelling units in the Town that could be created in the
future under the Town's full development potential, the Town would need between
an additional 73 and 145 acres of parkland to maintain the same level of
recreational service for new residents as are provided for current residents; and
WHEREAS, the Report indicates, and the Town Board agrees, that a reasonable
basis exists to increase the Town's recreation fee to a minimum of close to $2000 per
lot or dwelling unit based on the most conservative analysis undertaken in the
study and to a maximum of $17,500 per lot or dwelling unit; and
WHEREAS, the Report concludes, and the Town Board agrees, that the results of
the analysis completed under "Method 4" in the Report represent the most reliable
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09/13/2004.WS
indicators of land values for purposes of establishing a new recreation fee because
they provide a direct link from recent land values based on sales data and actual lot
yields from large subdivisions that have the most potential to yield land for
reservation for recreational purposes; and
WHEREAS, the Report recommends that the new recreation fee be set based on the
analysis used in "Method 4" of the Report, which indicates that the low figure for
the recreation fee would be $6,500 per lot or dwelling unit and the high figure would
be $17,500 per lot or dwelling unit; and
WHEREAS, after due consideration of the Report and the recommendations made
therein, the Town Board has determined that it is in the best interests of the
current and future residents of the Town to increase the subdivision recreation fee
from Two Thousand Dollars ($2,000.00) to Five Thousand Dollars ($5,000.00); and
WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is
otherwise exempt from environmental review pursuant to the New York State
Environmental Quality Review Act (SEQRA).
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this
Resolution as if fully set forth and adopted herein.
2. The Town Board hereby introduces for adoption Local Law
No._ of 2004 in the form annexed hereto amending §122-16.L(2)
of the Town of Wappinger Code to increase the subdivision
recreation fee contained therein.
3. The Town Board hereby determines that the enactment of the
aforementioned Local Law is a Type II action as defined in 6
NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby
expressly determines that this action is not an action that
requires review pursuant to the provisions of New York State
Environmental Quality Review Act (SEQRA) or pursuant to
Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617).
4. The Town Board hereby schedules a Public Hearing on the
Proposed Adoption of Local Law No._ of 2004 to be held at
Town Hall, 20 Middlebush Road, Wappingers Falls, New York
on the 12th day of October, 2004, at 7:30 p.m., and the Town
Clerk is directed to post the Notice of the Public Hearing in the
form annexed hereto and to publish same in the Southern
Dutchess News and Poughkeepsie Journal as required by law.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
7
Vincent Bettina, Councilman
Maureen McCarthy, Councilwoman
Joseph Paoloni, Councilman
The Resolution is hereby duly declared adopted
09/13/2004.WS
Voting
Aye
Voting
Aye
Voting
Aye
RESOLUTION NO. 2004-269
RESOLUTION INTRODUCING LOCAL LAW NO. OF THE YEAR 2004,
DESIGNATING A STOP INTERSECTION ALONG BOOTH BOULEVARD
The following resolution was introduced by Councilman Bettina and seconded by
Councilwoman McCarthy.
WHEREAS, Town Engineer, Joseph E. Paggi, Jr., by letter dated August 4, 2004,
attached hereto marked and designated as Exhibit "A", has recommended that the
Town install a "stop sign" and establish a full stop intersection at Booth Boulevard
at its westbound intersection with Booth Boulevard (Booth Boulevard loops into
itself); and
WHEREAS, the Town Board has elected to create a full stop intersection at Booth
Boulevard at its westbound intersection with Booth Boulevard; and
WHEREAS, the Town Board, in accordance with the recommendation of Town
Engineer, Joseph E. Paggi, Jr., directs the placement of the "stop sign" on Booth
Boulevard at its westbound intersection with Booth Boulevard to be located at the
northeast corner of the aforesaid intersection; an
WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is
otherwise exempt from environmental review pursuant to the New York State
Environmental Review Act (SEQRA).
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
1. The Town Board hereby introduces for adoption Local Law
No. of 2004 in the form annexed hereto.
2. The Town Board hereby determines that the enactment of the
aforementioned Local Law is a Type II action as defined in 6
NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby
expressly determines that this action is not an action that
requires review pursuant to the provisions of New York State
Environmental Review Act (SEQRA) or pursuant to Local Law
No. 6 of 1992 or pursuant to 6 NYCRR Parts (17).
3. The Town Board hereby schedules a Public Hearing on the
Proposed Adoption of Local Law No._ of the Year 2004 to be
held at Town Hall, 20 Middlebush Road, Wappingers Falls, New
York on the 12th day of October, 2004, at 7:30 p.m., and that the
8
1-1
r
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09/13/2004.WS
Town Clerk be directed to post and publish Notice of the Public
Hearing in the form annexed hereto.
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. 2004-270
RESOLUTION AUTHORIZING COJOCARU REQUEST FOR WATER
SERVICE
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilwoman McCarthy.
WHEREAS, John and Ana Cojocaru own premises commonly known as 74 Losee
Road in the Town of Wappinger; and
WHEREAS, a written request was made on behalf of John and Ana Cojocaru for
permission to connect to the Town owned water system known as Wappinger Water
Improvement Area 1999-2(R) by connection to a water main located in Losee Road;
and
WHEREAS, the property located at 74 Losee Road is not within the geographical
boundaries of any Town -owned Water Improvement Area or Water District; and
WHEREAS, at the Town Board Meeting held on June 14, 2004, Eric Gardell,
Engineer to Mr. and Mrs. Cojocaru made a presentation to the Town Board in
support of the request for water connection; and
WHEREAS, the minutes of the meeting of June 14, 2004 indicated that the
property owners (John and Ana Cojocaru) would have to commit to building only
one home on the property; and
WHEREAS, Mr. Gardell reported to Attorney to the Town, Albert P. Roberts, that
he felt the minutes incorrectly reflected the discussion held before the Town Board
and requested Mr. Roberts to review the tape recording of the minutes of June 14,
2004; and
WHEREAS, upon review of the tape recording of said meeting, it is unclear what
the Town Board's instructions were; and
WHEREAS, the Town Board wishes to clarify its position with respect to
permitting connection of the property located at 74 Losee Road to the Wappinger
Water Improvement Area 1999-2(R) as a tenant to said Water Improvement Area.
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.
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09/13/2004.WS
2. The Town Board hereby confirms that premises known as 74 Losee
Road, Wappingers Falls, New York, owned by John and Ana Cojocaru,
will be permitted to connect to the Wappinger Water Improvement
Area 1999-2(R) as a tenant to said Water Improvement Area on
condition that Mr. and Mrs. Cojocaru agree that there will be no
further subdivision of their land and that they impose a Declaration of
Covenants and Restrictions prohibiting further subdivision of the
property commonly known as 74 Losee Road, Wappingers Falls, New
York.
3. The form of the Declaration of Covenants and Restrictions must be
reviewed and approved by the Attorney to the Town, Albert P. Roberts.
4. The terms of the tenancy will be the standard tenancy agreement for
Water and Sewer Districts as previously established by the Town
Board.
5. In the event that John and Ana Cojocaru agree to the terms and
conditions of this tenancy agreement to the Water Improvement Area,
they then must have the approved Declaration of Covenants and
Restrictions recorded in the County Clerk's Office prior to the
execution of the standard form of tenancy agreement for water service.
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. 2004-271
RESOLUTION AUTHORIZING RENTAL RATES FOR HIGHWAY
EQUIPMENT
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Bettina.
WHEREAS, the Town of Wappinger Town Board has received the following bids:
I:T+� C11 3-1111-M
Blaw knox pf 3200 paver with operator and 2 screedmen
$280.00
10 ton vibrator roller and operator
$87.50
6 ton vibrator roller and operator
$85.00
3 ton vibrator roller an operator
$85.00
Road Widener with operator and 1 wingman
$215.00
Asphalt curbing machine with operator
$95.00
Bobcat with milling head and operator
$115.00
Laborer
$56.50
Foreman
$58.50
Single Axle Dump Truck with driver -10 ton capacity
$80.00
10
r
Tri Axle Dump Truck with driver -24 ton capacity
Dump Trailer with driver -30 ton capacity
Flowboy with driver -39 ton capacity
JAY SHAFFER CONSTRUCTION INC.
TRUCKS:
18 yard dump with trailer
BULLDOZERS:
Cat D5
BACKHOE/LOADERS:
575E FOR BACKHOE W/EXT.BOOM +4 IN 1 BASKET
545 Ford Loader
Cat 315L Excavator 75C Michigan
Loader 3yd
09/13/2004.WS
$82.00
$88.00
$95.00
$75.00 Per Hr.
$118.00 Per Hr.
$90.00 Per Hr.
$80.00 Per Hr.
$120.00 Per Hr
$128.00 Per Hr.
TRACTORS:
Bushog $70.00PerHr.Day Min.
Yorkrake $60.00PerHr.Day Min.
BLACKTOP:
PAVER W/operator only (CR -351 Bermer)
$152.00 Per Hr.
Asphalt Screedman
$52.00 Per Hr.
Asphalt Raker
$52.00 Per Hr.
Roller (Dynapak CC42)
$105.00 Per Hr.
Roller(Hyster 330)
$75.00 Per. Hr.
Roller (Cat 224C)
$75.00 Per Hr.
Roller (Mauldin 1400)
$60.00 Per Hr.
GRADER:
GALION GRADER
$90.00 Per Hr.
MISC.
Jumping Jack Compactor
$75.00 Per. Day
Plate Compactor
$40.00 Per Day
Chop Saw walk behind
$40.00PerDay
+Blades
Cut Off Saw
$100.00 Per Day+Blades
Chain Saw
$40.00 Per Day
Pump, Gen, Hose + Compressor
$75.00 Per Day
Jack Hammer
$125.00 Per Day
Hot Crack Sealing
See State bid
Tow Vehicle
$550.00 Per Day +Propane
Foreman
$65.00 Per Hr.
Labor
$46.00 Per Hr.
BRIDGE VIEW EXCAVATION, INC.
PAVING EQUIPMENT
Blaw Knox 4410 Paver w/operator $165.00 Per Hour
Screedmen $45.00 Per Hour
Curber $80.00 Per Hour
Skidsteer Loader w/planner $155.00 Per Hour
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09/13/2004.WS
Skidsteer Loader w/o Planer
Trucks
Tri -Axle Dump Truck
ROLLERS
Ingersol Rand DD90
Ingersol Rand DD24
One Ton Roller
$100.00 Per Hour
$75.00 Per Hour
$90.00 Per Hour
$80.00 Per Hour
$70.00 Per Hour
LABORERS
$45.00 Per Hour
RALPH HERMAN CO., INC
BOBCAT SKID STEER LOADERS
Dom-
Week
Month
Model 700/800 S175/185 Series
$225.00
$800.00
$2,400.00
Model S250/S300
$225.00
$800.00
$2,400.00
Model 700/800 S175/S185 Series W/Hi FLO $260.00
$900.00
$2,700.00
Model All Wheel Steer A300
$260.00
$900.00
$2,700.00
BOBCAT TRACK LOADERS
SOIL CONDITION 48"
$100.00
$350.00
Model T190 &T300
$260.00
$900.00
$2,700.00
BOBCAT EXCAVATORS
MODEL 325/328
$200.00
$625.00
$1,875.00
MODEL 331/334
$250.00
$765.00
$2,225.00
MODEL 337/341
$300.00
$975.00
$2,825.00
BOBCAT LOADER/BACKHOE & VERSA HANDLER
MODEL B300 LOADER/BACKHOE $225.00
$800.00
$2,400.00
MODEL V623 VERSA HANDLER $260.00
$900.00
$2,700.00
BOBCAT MINI TRACK LOADER MODEL MT50
$800.00
BLADE -DOZER -SNOW UTLITY
$125.00
$450.00
$1,300.00
BOBCAT UTILITY VEHICLE
$75.00
$250.00
$100.00
$400.00
$1,200.00
BOBCAT SKID STEER LOADER $125.00 $450.00 $1,300.00
ATTACHMENTS FOR 463 & MT50
ANGLE BROOM 48" $75.00 $250.00 $800.00
Ivj
Day
Week
Month
AUGER MODEL 10
$75.00
$250.00
$800.00
BLADE -DOZER -SNOW UTLITY
$50.00
$200.00
$600.00
BREAKER MODEL B700
$75.00
$250.00
$800.00
SNOW BLOWER 1412 48"
$100.00
$350.00
$1,000.00
SOIL CONDITION 48"
$100.00
$350.00
$1,000.00
SWEEPER 44"
$60.00
$180.00
$540.00
Ivj
BACKSHOES/FORKLIFTS
JCB 2125 BACKHOE/LOADER $350.00
JCB214 BACKHOE/LOADER $350.00
JCB214E BACKHOE/LOADER $350.00
COMPACTION EQUIPMENT
09/13/2004.WS
$800.00
$2,400.00
$800.00
$2,400.00
$800.00
$2,400.00
IRC DBL DRUM VIB. ROLLER DD110HF(10TON) $470. $1,400.00
$4,210.
IRC DBL DRUM VIB ROLLER
DDD70 (7TON) $465. $1,200.00
$3,600.00
IRC DBL DRUM VIB ROLLER
DD24 MON) $190.00 $570.00
$1,700.00
IRC DBL DRUM VIB ROLLER
DD16 (11/2 TON) $145.00 $475.00
$1,400.00
IRC DBL DRUM VIB ROLLER
DD12-S (1 1/2 TON) $125.00 $425.00
$1,275.00
IRC SGL DRUM VIB ROLLER
SD70D MON) $350.00 $1,075.00
$3,150.00
IRC PLATE COMPACTOR
BX6 OR BX8 $50.00 200.00
$500.00
SWEEPERS
SEE BOBCAT W/ANGLE BROOM OR PICK UP SWEEPER ATTACHMENT
MISC. EQUIPMENT
DAY WEEK MONTH
MILLER CURBER W/6" AUGER MC550 (MOLD??) $175. $525.00 $1,575.00
WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster,
solicited bids for the supply of various Highway Department materials; and
WHEREAS, bids were received and reviewed by Town of Wappinger
Highway Superintendent, Graham Foster; and
WHEREAS, Town of Wappinger Highway Superintendent, Graham Foster, has
provided an award recommendation to the Town Board.
NOW, THEREFORE, BE IT RESOLVED, that the contract for paving equipment
to the Highway Department is hereby awarded to Bridge View Excavation, Inc.
BE IT FURTHER RESOLVED, that the Contract for rental construction
equipment to the Highway Department hereby awarded to Ralph Herman Co., Inc.
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. 2004-272
RESOLUTION AUTHORIZING NOTICE TO REPAIR OR REMOVAL OF
UNSAFE STRUCTURE
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Paoloni.
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09/13/2004.WS
WHEREAS, Robert E. Tompkins (the "owner") is the fee owner of certain real
property situated in the Town of Wappinger, Dutchess County, New York, located
at 1220-1224 Route 9, and identified by Tax Map Grid #6157-04-632285 (herein
referred to as the "property"); and
WHEREAS, the property is improved by an unoccupied commercial structure (the
"structure"), which structure has been in a serious state of disrepair and
deterioration since approximately 1990/1991 commensurate with the abandonment
and closing of the commercial enterprise located thereon commonly known as the
Rafter's Bar; and
WHEREAS, on or about August 27, 2004, the owner was served with a notice by
the Building Inspector of the Town of Wappinger directing that the structure
become safe, secure or demolished and removed from the property; and
WHEREAS, the owner did not maintain any applicable fire insurance or hazard
insurance coverage for the structure.
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 hereby determines that it is in the best interest of the
health, welfare and safety of the public to serve a Notice to Repair or
Remove Unsafe Structure upon the owner in the form attached hereto,
and signed by the Supervisor, scheduling a hearing before the Town
Board of the Town of Wappinger for October 25, 2004 and providing
the owner with the opportunity to submit any and all proof of
compliance or to contest the determination of the Building Inspector.
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. 2004-274
RESOLUTION TERMINATING AMBULANCE SERVICE AGREEMENT WITH
ALAMO AMBULANCE SERVICE, INC. AND APPOINTING TRANSCARE HUDSON
VALLEY, INC. AS THE INTERIM AMBULANCE AND EMERGENCY MEDICAL
SERVICE PROVIDER FOR THE WAPPINGER AMBULANCE DISTRICT
The following Resolution was introduced by Councilwoman McCarthy and seconded
by Councilman Paoloni.
WHEREAS, the Town of Wappinger entered into an Ambulance Service Agreement
dated July 10, 2003 (hereinafter referred to as the "Agreement") by and between the
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09/13/2004.WS
Town of Wappinger on behalf of the Wappinger Ambulance District and Alamo
Ambulance Service, Inc. (hereinafter referred to as "Alamo'); and
WHEREAS, pursuant to the Agreement, Alamo was to provide ambulance and
emergency medical services to the Wappinger Ambulance District; and
WHEREAS, pursuant to the Resolution adopted in Executive Session on this
evening, the Town Board hereby terminates the Agreement dated July 10, 2003
between the Town of Wappinger on behalf of the Wappinger Ambulance District
and Alamo Ambulance Service, Inc. for the reasons set forth and enunciated in
Executive Session; and
WHEREAS, the Town Board intends to appoint TransCare Hudson Valley, Inc., a
duly licensed ambulance service with offices situated at 80 Airport Drive,
Wappingers Falls, New York, as the interim ambulance and emergency medical
service provider to the Wappinger Ambulance District effective immediately.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution
as if fully set forth and adopted herein.
2. The Town Board hereby confirms the actions it has taken in
Executive Session this evening and hereby elects to terminate the
Ambulance Service Agreement dated July 10, 2003 between the
Town of Wappinger on behalf of the Wappinger Ambulance District
and Alamo Ambulance Service, Inc. effective immediately.
3. TransCare Hudson Valley, Inc., a duly licensed ambulance service
with offices at 80 Airport Drive, Wappingers Falls, New York, is
hereby adopted the interim ambulance and emergency medical
services provider to the Wappinger Ambulance District effective
immediately.
4. Supervisor Joseph Ruggiero is authorized to provide Alamo written
notice of termination of the Agreement is effective immediately and
to pay Alamo a pro rated amount equivalent to ten (10) days of its
contractual fee as set forth in the Ambulance Services Agreement.
5. Supervisor Joseph Ruggiero is further authorized to notify
TransCare Hudson Valley, Inc. that it has been appointed to
provide interim ambulance and emergency medical services to the
Wappinger Ambulance District effective immediately.
6. Supervisor Joseph Ruggiero is further authorized to notify
Dutchess County 9-1-1 that Alamo is no longer the ambulance and
emergency medical service provider to the Wappinger Ambulance
District and that TransCare Hudson Valley, Inc. has been duly
appointed to replace Alamo effective immediately.
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09/13/2004.WS
7. Supervisor Joseph Ruggiero and Attorney to the Town, Albert P.
Roberts, are directed to negotiate the terms of an Agreement with
TransCare Hudson Valley, Inc. to provide permanent ambulance
and emergency medical services to the Wappinger Ambulance
District and report same to the Town Board for confirmation and
approval of said Agreement.
8. Supervisor Joseph Ruggiero is further authorized and directed to
take whatever steps are reasonable and necessary to implement the
provisions of this Resolution.
9. The Town Board further confirms that the Resolution adopted in
Executive Session this evening and the contents of the reports given
at said Executive Session shall remain confidential until further
action of this 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
NEW BUSINESS/COMMENTS
Councilman Valdati in regard to an offer presented to Recreation Chairman, Ralph
Holt by Mr. Bill Verlin Mr. Verlin owns a parcel of property on River Road and the
town owns a parcel on the west side of River Road. Mr. Verlin wishes to propose an
exchange. Supervisor Ruggiero replied he would look into it and present it at the
next meeting.
Councilman Paoloni wished to know if there would be sufficient water on the
Buyaowski Property off All Angels Hill Road for the proposed schools. Jay Paggi
Engineer to the Town disclosed that the property is in the district and was
programmed for X number of lots. The amount of water they have requested is less
than the number of lots.
EXECUTIVE SESSION
• Gaslands
• Exxon Gasoline Spill
• New Boyce Lawsuit (Report from Town Attorney)
Supervisor Ruggiero and the Town Board agreed to suspend the Executive Session
because of the late hour.
There was no other business to come before the Town Board.
Councilwoman McCarthy moved to close the meeting, seconded by Councilman
Paoloni and unanimously carried.
16
The meeting adjourned at 10:20 p.m.
17
Glori J o se
Town lerk
09/13/2004.WS