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2004-04-12 RGMMonday, April 12, 2004 7:30 pm Wappinger Town Hall Amended Agenda Call to Order Roll Call, salute to Flag Suspension of Rules for Public Comment on Agenda Items Discussions: • 99-2R Service Area Extension Proposal • Drainage District Policy Proposal. • MacFarlane Road Improvement Discussion --Jay Paggi and Graham Foster. • Widmer Road Improvement Project—Jay Paggi and Graham Foster • Water and Sewer Tenancy Law Proposal—Al Roberts • Cojoaru Water Connection for 74 Losee Road RESOLUTIONS: 2004-138 Resolution Authorizing Highway Superintendent to Attend Conference 2004-139 Resolution Authorizing Deputy Zoning Administrator to Attend Training 2004-140 Resolution Authorizing Brothers Road Block Party 2004-141 Resolution Authorizing Purchase Order for Recreation Mower Deck 2004-142 Resolution Authorizing Building Inspector to Attend Training 2004-143 Resolution Appointing Board of Assessment Review Member 2004-144 Resolution Introducing Local Law for Stop Sign on MacFarlane Road and Beechwood Circle 2004-145 Resolution of Final Acceptance of 3rd Map, Plan and Report for 99-2R 2004-146 Resolution Authorizing Intermunicipal Revaluation Project 2004-147 Resolution Introducing Water & Sewer Tenancy Law 2004-148 Resolution Authorizing Purchase Order for Trees Located at Schlathaus Park Unanimous Consent: 2004-149 Resolution Appointing Senior Citizen's Director 2004-150 Resolution Authorizing Town Attorney to Interpose an Answer in the Action Commences Against the Town by Giggles New Business/Comments Adjournment U 04/12/2004.WS driveways on MacFarlane Road in the area of Beechwood Circle. The overall road improvement project would require removing the horizontal and vertical curves just west of Beechwood Circle. This would require shifting the existing roadway southerly a sufficient distance, decreasing the front yards of all those lots on MacFarlane Road. This did not appear to be an appropriate course of action. In addition he did several preliminary desk top studies and determined that this overall road way improvement minus any land acquisition that would be necessary was estimated at a minimum of $300,000.00. With that in mind he looked in the possibility of placing a Stop sign at the intersection of MacFarlane Road and Beechwood Circle on MacFarlane Road traveling in a westerly direction. This would cause traffic to stop on MacFarlane Road at the intersection and then accelerate in a westerly direction on MacFarlane Road. This would allow the traffic exiting the driveways from the north side of MacFarlane gaps in the traffic to proceed out on MacFarlane. He also recommends the installation of a Stop sign on Beechwood Avenue as it intersects with MacFarlane and also recommends the installation of a "Stop Sign Ahead" be placed on MacFarlane Road to alert the traveling public that there is a Stop sign ahead. He would further advise that the Town's insurance company may want to provide some type of a risk management scenario to minimize the exposure to the Town. The placement of a Stop sign on the main road is not normally a recommended course of action. In this instance it would appear to be a practical step in the right direction for providing relief for the few driveways on MacFarlane Road. Since the drafting of this memo Mr. Paggi received a phone call from Michael Galante, traffic engineer for F. P. Clark and he recommended that on the Stop sign on Beechwood Circle as it enters on to MacFarlane Road a " Cautionary " sign be placed under the Stop sign that it is not a three way Stop just a two way Stop. Supervisor Ruggiero said we had been looking into other options last fall to do some work on the property next to the Lazenka property. " Why is that not feasible?" Mr. Paggi answered that he spoke to the resident that owns that property many times, met with him, and that person is not interested in granting grading easements because he felt it would reduce the value of his property and there is a well or septic, (he can't remember) in the front. So if we graded, we would be grading into that. The owner is an absentee landlord. If we graded in, he feels that we may reduce the amount of parking available 2 04/12/2004.WS in the driveway. He feels that even if we graded the front yard down, if there were two cars parked in the driveway you could not see past the cars. Mr. Roberts said there was merit in what the resident said. It would cause a severe impact on his property and as we have addressed the issue, we're not sure that we will really be solving the problem. Mr. Foster explained that the main thing is all the work would be conducted as Jay mentioned, as if two cars were parked in the driveway. Mr. Paggi said any material removed from the front of that property would improve the site distance a certain extent. The more you remove, the more the site distance would be improved. At this time, Mr. Lazenka, a resident of MacFarlane Road, who originally brought this issue to the town's attention was recognized by the Board. Mr. Lazenka explained that this situation was brought to light on September 9, 2003 as the result of the fabrication of his home on 29 MacFarlane Road. He brought his neighbors, Mr. & Mrs. Arkell of 28 MacFarlane Road here tonight. They have resided on MacFarlane Road for forty plus years and have seen how the road situation has evolved over the years. Throughout the years, this road have become a through fare between Route 9 and Old Hopewell Road, which has substantially increased the traffic on that road. This includes many commercial vehicles that he has observed taking the road in the day time. The next item that was discussed on September 9, 2003 was the speed of the road which is posted at 35 MPH. The average speed is in excess of 30 MPH. He has some concerns with regards to no sign traveling easterly, because there have been numerous instances on that corner where there have been accidents. Mr. Foster even mentioned that back in September the Arkels had requested a guide rail be erected because of numerous incidents. It has also been noted that not only is it an issue for people pulling out of 29 MacFarlane Road and around that vicinity, but it's also a site issue for those traveling on MacFarlane Road. It's stated in the minutes of that meeting, traveling at 30-35 miles an hour, which people are not adhering to, contributes even more to the factor of a hazard.. Mr. Lazenka read some excerpts from the meeting of September 9, 2003 in regard to potential ways of improving the site distance. Because the homeowner is giving the town a problem he feels the town should step in under eminent domain to resolve this situation. For ten months we have been trying to contact Mr. Couch with no success. He is going to look for accountability for wasted time if an accident could have been 3 04/12/2004.WS prevented. Mr. Ruggiero sat in his car also and saw that there was no site distance or minimal. There is also an issue with snow and high grass. This has always been termed as a small grading of the property, it was never termed as anything dramatic. Mr. & Mrs. Arkel have stated that the well is up against the house. He does not understand how all of sudden this well issue came up and has never been taken into consideration by the town for 3 1/2 years. Mr. Ruggiero explained, in all fairness to this board, he does not know what engineering work was done prior to taking office, but as far as he knows, the only time the engineer has been out to MacFarlane Road has been within the last year or so. When he first took over the Supervisor's position, this issue was brought to his attention by the Highway Superintendent because there was concern that once Mr. Lazenka's house was built, this situation really could have focused on that bend. Prior to your house being built, there wasn't this issue of someone coming out of your lot, which was obviously vacant, that could have a potential accident. Everyone has been working on this and we kept abreast in dealing with your neighbor who owns that property, who didn't want to cooperate. We met after the September meeting and were told: "No. We are not going to cooperate." We did mention to this property owner that the town had the authority to use eminent domain in this opportunity. He has been told since, by Mr. Paggi's office, that you need to clarify, by looking at your notes or finding out for us, what the well issue or the septic issue is on this property or why a simple grading easement can't be used, or if, it's going to be harder than what we anticipated. We need to clarify to the public why what we studied initially, is no longer a viable option. Mr. Foster explained this did not come to light until we met out there with Mr. Couch. Each time we went out, and Jay did his engineering, and we did our measurements there weren't any cars in the driveway. It wasn't until we met out there with Mr. Couch and he pulled his van into the driveway that we realized that no matter what we did you would not be able to see because there is going to be a car in the way, if you have a second car there. This added much more to the situation. In all fairness to Mr. Lazenka, if his lot was developed today, as a subdivision, it would not be approved. This is a lot that goes way back and it's a lot that we would consider not sub -dividable today. There is not site distance. Because of the fact that it was a lot, we have to give a resident the best possible and safest access to the road. We just can't 2 04/12/2004.WS say you will never be able to use your lot. Mr. Lazenka said he had spoken to Mr. Foster before. He reiterated this numerous times, but the point is, there is a house there and there is a dangerous situation. He has spoken on numerous occasions to the town and has a note he received from the town dating back to 2002 that the grading will resolve the problem. Now after two years, he is told the grading would not resolve the problem. He is requesting someone look at this in detail and come to a resolution. Erecting two stop signs traveling westerly won't resolve the problem. Having the area patrolled was discussed, and Mr. Ruggiero answered that this road among several in the town are constantly patrolled and they do write tickets there. Mr. Valdati questioned Mr. Paggi in regard to the Couch driveway. Mr. Paggi answered that the driveway is short and if there are two large vehicles parked in that driveway, within 2-3 feet of the road, and we had the bank cut down, you would not see over these vehicles. If the vehicles were not there and the bank was cut down, it would improve the site distance. Attorney to the Town said that Mr. Couch pointed out there have been no known accidents at this point and Mr. Couch felt that he was being singled out with his property to solve what was a perceived problem rather than a real problem. There are many roads that are imperfectly designed and he does not believe the town is under obligation to cure every perceived defect. If we do undertake an improvement to this particular area we will have to do it based on contemporary engineering standards. Short of a major overall, it would appear to him that the Stop signs are a reasonable approach to addressing the traffic issue and the safety concerns of the traveling public. As Mr. Lazenka pointed out, there may be some concern as to whether or not a stop sign going in the easterly direction is warranted. He would defer that to Graham and Jay. With all things considered, he is not sure that just grading is going to solve the problem. It seems obvious to him that the two Stop signs and possibly a third will substantially aid the situation. Councilwoman McCarthy understands the intent of the Stop signs, but would like to figure out a way to put the third Stop sign in. Mr. Valdati stated that we don't normally erect Stop signs to control speed but we should do everything possible to get that third Stop Sign. Mr. Ruggiero requested Mr. Roberts to revise the Local Law that is proposed for this evening to have three Stop signs with a warning, and with recommendations from Graham Foster and Jay Paggi. Based on their findings, we can revise the Local Law. Mr. 5 04/12/2004.WS Ruggiero wished to know, if we designed the road to modern specs and standards how many properties would be involved in terms of land taking. Mr. Paggi answered at least 10 properties. Near the intersection of Beechwood, just east of Arkells, it would be fifty or sixty feet, and those houses sit back off the road. If you take fifty or sixty feet of their property it would have an impact on those properties. Mr. - Ruggiero said we must show the residents what the MacFarlane Road improvement would look like, then this board can make the decision if they wish to go forward and go out to Bond, or not do the project and let the residents see the real impact that this job would have on their homes. Mr. Lazenka said the two main issues are site distance and excessive speed on the road..-- Actions taken: Mr. Paggi will prepare a better drawing of the area to present at the next meeting and then go forward from there. • Widmer Road Improvement Project. A presentation was made by Jay Paggi on the cost of permanent reconstruction for Widmer Road. and the scope of work that would be needed. -- Actions taken: Mr. Terwilliger to get a list of Bonds still outstanding and Graham Foster to prepare cost if Highway performed the work. • Water and Sewer Tenancy Proposal. Supervisor Ruggiero explained the proposed Local Law with the terms and charges that would be borne by the tenants if they chose to connect to the water and/or sewer facilities as a tenant. • Cojoaru Water Connection for 74 Losee Road—Councilman Valdati move to table until more information is received from Jay Paggi. Engineer to the Town, seconded by Mr. Bettina and unanimously carried. RESOLUTION NO. 2004-138 RESOLUTION AUTHORIZING TOWN HIGHWAY SUPERINTENDENT TO ATTEND HIGHWAY SCHOOL The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Board wishes to authorize Graham Foster, Highway Superintendent, to attend Highway School in Ithaca, New York on June 7, 8, and 9, 2004. NOW, THEREFORE, BE IT RESOLVED, That Graham Foster, Town Highway Superintendent, is hereby authorized to attend Highway School in Ithaca, New York on June 7, 8, and 9, 2004, at a cost not to exceed Four rel 04/12/2004.WS Hundred Thirty-nine and 97/100 ($439.97) for registration and hotel accommodations. 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. 2004-139 RESOLUTION AUTHORIZING DEPUTY ZONING ADMINISTRATOR TO ATTEND A TRAINING CLASS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Board wishes to authorize Susan Dao, Deputy Zoning Administrator, to attend a class on May 6, 2004 in Pomona, New York. NOW, THEREFORE, BE IT RESOLVED, that Susan Dao, Deputy Zoning Administrator, is hereby authorized to attend a class on May 6, 2004 in Pomona, New York, at a cost not to exceed Twenty-five dollars and 00/100 ($25.00). 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. 2003-140 RESOLUTION TO AUTHORIZE A CLOSING OF BROTHERS ROAD FOR A BLOCK PARTY The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy WHEREAS, a request has been made by Jackie Alfano of 93 Brothers Road to close a portion of Brothers Road from its northerly intersection with Gold Road to its intersection with Dose Road for a block party to be held on August 28, 2004 with a rain date of August 29, 2004, between the hours of 11 a.m. through 8:00 p.m.; and WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, has authorized the closing of Brothers Road to its intersection with Dose Road for the block party on August 28, 2004, with a rain date of August 7 04/12/2004.WS 29, 2004, between the hours of 11 a.m. through 8:00 p.m., with the exception of emergency traffic. 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 authorizes the closing of Brothers Road form its northerly intersection with Gold Road to its intersection with Dose Road for a block party on August 28, 2004, with a rain date of August 29, 2004, between the hours of 11 a.m. through 8:00 p.m., with the exception of emergency traffic, pursuant to the request from Jackie Alfano, attached hereto, and the approval of the Town of Wappinger Highway Superintendent, Graham Foster. 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. 2004-141 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR TOWN RECREATION DEPARTMENT The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Recreation Committee has requested a purchase order for a new mower deck, and WHEREAS, the Recreation Commission received bids as follows: Pine Plains Tractor & Equipment $2,984.00 Chambers Tractors Sales, Inc. $3,749.00 Westchester Ford No response WHEREAS, the Recreation Committee has requested a purchase order in the amount of Two Thousand Nine Hundred Eighty Four and 00/100 ($2,984.00) payable to Pine Plains Tractor and Equipment. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of Two Thousand Nine Hundred Eighty Four dollars and 00/100 ($2,984.00) payable to Pine Plains Tractor and Equipment payable from Account HMM-7110.200, in accordance with a 04/12/2004.WS letter dated April 6, 2004 from Peggy Roe, Recreation Secretary to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-142 RESOLUTION AUTHORIZING BUILDING INSPECTOR TO ATTEND SEMINAR The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy WHEREAS, the Town Board wishes to authorize George Kolb, Building Inspector, to attend a seminar on June 24, 2004 in White Plains, New York. NOW, THEREFORE, BE IT RESOLVED, that George Kolb, Building Inspector, is hereby authorized to attend a seminar on June 24, 2004 in White Plains, New York, at a cost, not to exceed Three Hundred Seventy Nine dollars and 00/100 ($379.00) for registration. 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. 2004-143 RESOLUTION APPOINTING ASSESSMENT REVIEW MEMBER The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town Board of the Town of Wappinger has conducted interviews for the purpose of appointing a member of the Assessment Review Board, and WHEREAS, Town Board of the Town of Wappinger has found Eugene Parlin to be the individual capable of performing the duties of a member of the Assessment Review Board. NOW, THEREFORE, BE IT RESOLVED, that Eugene Parlin is hereby appointed as the Town of Wappinger Assessment Review Board member. Mr. Bettina said, let the record show that this position was advertised. 9 04/12/2004.WS 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. 2004-144 RESOLUTION INTRODUCING LOCAL LAW FOR STOP SIGN ON MACFARLANE ROAD AND BEECHWOOD CIRCLE Councilwoman McCarthy moved to table Resolution No. 2004-144, seconded by Councilman Bettina and unanimously carried. RESOLUTION NO. 2004-145 RESOLUTION OF FINAL ACCEPTANCE OF 3RD MAP PLAN AND REPORT FOR 99-2R PUBLIC INTEREST RESOLUTION The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. Whereas, by proceedings heretofore had and taken pursuant to the provisions of Article 12-C of the Town Law, and particularly a Public Interest Resolution dated October 23, 2000, and in accordance with an Order dated January 23, 2001 of the New York State Controller approving the establishment of Wappinger Water Improvement Area 1999-2(R), a water improvement area, known as Wappinger Water Improvement Area 1999- 2(R), has been established in the Town of Wappinger, Dutchess County, New York; and WHEREAS, the improvements proposed for Wappinger Water Improvement Area 1999-2(R) consist of the implementation of a cost-effective method of addressing source, supply and storage problems, and were proposed to include the construction of a new water storage tank at the Rockingham (Maxwell Place) site as part of such method of addressing existing source, supply and storage problems; and WHEREAS, after a review of the system parameters as constructed to date, and subsequent to conversations with the Water System Operators, it was determined by the Town's engineers that the construction of the aforesaid water storage tank was not imperative and that the system hydraulics in the area would be better improved by a pipe connection between the Rockingham mains and the Central Wappinger Water Improvement Area mains in the area of the Kendall Farms Subdivision; and 10 04/12/2004.WS WHEREAS, a third amended map, plan and report for the construction of improvements for Water Improvement Area 1999-2(R) describing such change in plan and proposed pipeline connection, dated January 12, 2004 and prepared by Paggi, Martin and DelBene LLP, the Town's engineers in this matter, has been filed with the Town Clerk of the Town of Wappinger, where the same is available for public inspection; and WHEREAS, the proposed cost of construction of the aforesaid water storage tank at Rockingham was previously approved as part of the improvements proposed for Wappinger Improvement Area 1999-2(R) at a maximum estimated cost of $440,000; and WHEREAS, it is estimated that he pipe connection between the Rockingham mains and the Central Wappinger Water Improvement Area, to be constructed in lieu of such water storage tank will cost $385,000 or $55,000 less than the aforesaid water storage tank; and WHEREAS, at a meeting of said Town Board duly called and held on February 9, 2004, an order was duly adopted by it and entered in the minutes specifying that said Board would meet to consider the change in plan for the construction of improvements for Wappinger Water Improvement Area 1999- 2(R) in said Town, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 23rd day of February, 2004 at 7:30 o'clock P.M., Prevailing Time; and WHEREAS, said order duly certified by the Town Clerk was duly published and posted as required by law, two wit: a duly certified copy thereof was published in the official newspaper of this Town on February 11, 2004, and a copy of such order was posted on February 10, 2004, on the signboard maintained by the Town Clerk of the Town of Wappinger, pursuant to Section 30, subdivision 6 of the Town Law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to change the plan for the construction of improvements for Wappinger Water Improvement Area 1999-2(R) in the manner described in the preambles hereto. The question of adoption of the foregoing resolution was duly put to a vote on roll, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye 11 04/12/2004.WS 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. 2004-146 RESOLUTION AUTHORIZING TOWN TO JOIN A CONSORTIUM OF TOWNS TO NEGOTIATE TERMS OF AN INTERMUNICIPAL AGREEMENT FOR A REASSESSMENT OF PROPERTIES WITHIN THEIR TOWNS The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, §305 of the New York State Real Property Tax mandates uniform and equitable assessments; and WHEREAS, the last Town -wide reassessment conducted by the Town of Wappinger occurred in 1987; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to conduct a reassessment in order to ensure compliance with §305 of the New York State Real Property Tax Law; and WHEREAS, capital expenditures for a reassessment may be minimized through the formation of a municipal consortium that would facilitate efficient sharing of knowledge and resources between the member municipalities; and WHEREAS, the Towns of Beekman, East Fishkill, Fishkill, Poughkeepsie and Wappinger have expressed interest to further explore and negotiate the terms of an intermunicipal agreement to conduct a reassessment of all properties located within their respective municipalities for the year 2007; and WHEREAS, the New York State Office of Real Property Services and the Dutchess County Real Property Tax Services agency have computer-assisted mass appraisal systems, technical advice and financial assistance available to municipalities that participate in the aforesaid intermunicipal agreement. 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 authorizes Town Supervisor, Joseph Ruggiero, as well as Town Attorney, Albert P. Roberts, to further explore and negotiate the terms of an intermunicipal agreement with the Towns of Beekman, East Fishkill, Fishkill, Poughkeepsie and 12 04/12/2004.WS Wappinger for the purposes of conducting a reassessment of all properties located within said Towns for the 2007 assessment roll. 3. Any agreement resulting in an expenditure by the Town of Wappinger must first be approved by the Town Board. Any agreement with a private contractor to provide services for this reassessment shall be entered into only upon review by the Supervisor, Town Attorney, Assessor and a representative from the Office of Real Property Services. 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. 2004-147 INTRODUCING "LOCAL LAW NO. OF THE YEAR 2004, TENANCY TERMS FOR WATER AND SEWER DISTRICTS OR IMPROVEMENTS AREA" The following resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, there are numerous properties in the Town which are not located within a water or sewer District or Improvement Area and are otherwise in need of central water and/or sewer facilities because of failing wells or failing septic systems; and WHEREAS, the Town Board has previously authorized many properties to connect to water and/or sewer District or Improvement Areas as a tenant to said District or Improvement Area; and WHEREAS, the Town Board continuously receives requests from property owners seeking to connect to Town -owned central water and sewer facilities as a tenant to said water and/or sewer District or Improvement Area; and WHEREAS, the Town Board wishes to codify the terms and conditions of tenant rates to water and sewer Districts and Improvement Areas; 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. 13 04/12/2004.WS 2. The Town Board hereby introduces for adoption Local Law No. of 2004 in the form annexed hereto. 1. 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). 2. 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 10th day of May, 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 Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-148 RESOLUTION AUTHORIZING THE PURCHASE ORDER FOR TREES TO BE LOCATED AT SCHLATHAUS PARK The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town Board wishes to enhance the visual environment of the Town of Wappinger; and WHEREAS, the Town Board wishes to plant thirteen trees of various species at Schlathaus Park; and WHEREAS, the Town has received the quote from Plant Depot located in the Town of Fishkill as follows: Trees and Materials Labor $2,651.28 $740.00 NOW THEREFORE, BE IT FURTHER 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 authorizes the purchase and installation of thirteen trees at Schlathaus Park with a cost not to exceed $3,391.28 to be paid form account B8540.400. 14 04/12/2004.WS 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. UNANIMOUS CONSENT Councilman McCarthy moved to accept the placement of Resolution 2004-149 and Resolution 2004-150 to tonight's Agenda, seconded by Councilman Valdati and unanimously carried. RESOLUTION NO. 2004-149 RESOLUTION APPOINTING SENIOR CITIZENS DIRECTOR The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board of the Town of Wappinger has conducted interviews for the purpose of appointing a Senior Citizens Director, and WHEREAS, Town Board of the Town of Wappinger has found Nancy Cito to be the individual capable of performing the duties of a Senior Citizens Director. NOW, THEREFORE, BE IT RESOLVED, that Nancy Cito is hereby appointed as the Town of Wappinger Senior Citizens Director. 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. 2004-150 RESOLUTION AUTHORIZING THE TOWN ATTORNEY TO INTERPOSE AN ANSWER IN THE ACTION COMMENCED AGAINST THE TOWN BY GIGGLES The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, Giggles World Corp. d/b/a "Giggles" (hereinafter "Giggles") commenced an action in U.S. District Court for the Southern District of New York against the Town of Wappinger and Tatiana Lukianoff, Zoning Administrator, pursuant to 42 U.S.C. 1983, et.seq., by the service of a Complaint filed on April 2, 2004 bearing Index No. 04 -CV -2559; and 15 04/12/2004.WS WHEREAS, Supervisor Joseph Ruggiero directed Attorney Albert P. Roberts, Attorney to the Town, to defend the action; and WHEREAS, the Town Board, by its Attorneys, Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP, has reviewed said complaint; and WHEREAS, the Town Board disputes all of the allegations made by Giggles against the Town and its employees; and WHEREAS, the Town Board, after due deliberation, finds that it is, and was, in the best interest of the Town to defend its interests by having its Attorneys, Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP, interpose an Answer and any applicable counterclaims against Giggles and further provide any additional legal services necessary to defend the Town and its employees in this action. 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 action of Supervisor Joseph Ruggiero in authorizing Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP to defend this action on behalf of the Town of Wappinger and its employees and to interpose an Answer as well as any and all applicable counterclaims against Giggles in furtherance of defending the Town's interests in this matter 3. The Town Board further confirms of Supervisor Joseph Ruggiero in verifying the Answer and Counterclaims and further authorized Supervisor Ruggiero to undertake any action or execute any other instruments necessary to defend this matter. 4. Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP shall be paid in accordance with the retainer agreement between the Town of Wappinger and said law firm. 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 Councilman Valdati was called by a constituent, who would like to see a traffic light placed at the intersection of Spook Hill and Myers Corners Road. Supervisor Ruggiero informed Councilman Valdati that he had a meeting with Mike Murphy several weeks ago and this intersection is currently 04/12/2004.WS under study. Supervisor Ruggiero will call him up to get a confirmation in writing. Councilman Bettina in regard to contacting Mr. Murphy about the Guide Rail on Chelsea. Road. Supervisor Ruggiero replied he received a proclamation that they are going to do it. Councilman Bettina also wished to know when the Map, Plan and Report for Osborne Hill Road will be ready. Supervisor Ruggiero replied that it is done, but must be presented to the Town Board first, set a Public Hearing, and then we can go forward. Councilwoman McCarthy said she received several E-mails asking when we are going to re -address the Alamo concern again. Supervisor Ruggiero replied that he and Mr. Roberts finished their deliberations with Alamo this afternoon and there are still several issues that must be addressed before any action is taken. Councilwoman McCarthy in regard to the water main break that was taken care of in Rockingham. It caused water in her basement and its back. Mr. Foster will call Mike Tremper of CAMO to check it out. Councilman Paoloni on the possibility of putting in cross walks on Pye Lane. Mr. Paoloni also discussed the issue of trees in front of Albany Ladder and DeGarmo Hills Road. He wants to make sure the requisition for the County is going to include both of those. Supervisor Ruggiero answered that we are trying to find out generically from the County if they would be supportive of the beautification project that would allow the trees in their right-of-way. Mr. Foster responded that asking the County to put trees in their right -of way may be difficult when we prohibit under Wappinger Law in our right-of- way. Councilman Paoloni wished to know the reason for the many poles in place on All Angels Hill Road.. Where there should be one, there are two. It was explained to Councilman Paoloni that Central Hudson and Cablevision transfer their cables to new poles, but the phone company seems to be lax about moving their service to the new poles. Supervisor Ruggiero said he would bring this to the attention of the Public Service Commission. At this time 10:00 p.m. Councilman Valdati moved to go into Executive Session to confer with attorney on a legal matter, seconded by Councilwoman McCarthy and unanimously carried The meeting reconvened at 10:44 p.m. with all Board Members in attendance. Councilman Paoloni moved to close the meeting, seconded by Councilwoman McCarthy and unanimously carried. The meeting adjourned at 10.45 p.m. 17 04/12/2004.WS Gloria J. rse Town Clerk 11