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2006-06-12 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Town Board Meeting Minutes — Chris Masterson (845)297-5771 Monday, June 12th, 2006 7:30 PM Town Hall I. Call to Order Supervisor Ruggiero called the meeting to order at 7:31 PM Attendee Name _ , # _ OrganizationTitle 1 Status,,, I Arrived Joseph Ruggiero I Town of Wappinger ;Supervisor -- Present Robert Valdatl Town of Wappinger 1 Councilman Present Vincent Bettina ; Town of Wappinger I Councilman Present Joseph Paoloni Town of Wappinger ; Councilman Present Maureen McCarth ; Town of Wappinger Councilwoman Present II. Public Hearings PUBLIC HEARING FOR WAPPINGER SEWER IMPROVEMENT AREA #5 Town Clerk, Chris Masterson, offered for the record the affidavits of posting and publication for the Public Hearing. Engineer to the Town, Jay Paggi, gave a brief synopsis of what the Public Hearing was about: Sewer Improvement Area #5 is a logical extension of what was called Sewer Improvement Area#1, which was the old main sewer district in the central portion of the Town of Wappinger. It served Myers Corners, Spook Hill Road, Kent Road, Old Hopewell Road, Cedar Hill Road, and that area back in the early 1970's. One of the components of that original sewer improvement area was a pump station in the south end of the improvement area on Cedar Hill road. That pump station was constructed and installed by the Town.back in the late 1970's. The pump station has now failed to the point that it is not repairable and will need to be replaced. The cost for the replacement of the pump station is $250,000 and includes all of the necessary hard and soft costs that will be experienced in the construction. The pump station is currently off-line. Temporary measures have been taken to pump sewage from the South bend of Cedar Hill Road to the North end of Cedar Hill Road in the interim. It is expected that, if approved by the Town Board, the new pump station can be on-line by Labor Day. Supervisor Ruggiero asked if there was anyone in the audience that wanted to make any comments. There were no comments. Councilman Paoloni made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy. The Motion passed unanimously and the Public Hearing was closed at 7:34 PM. ✓ Vote Record - Public Hearin #1 Yes/Aye, No Nay Abstain _ j Absent Joseph Ruggiero Voter Q _ I ❑ _ ❑ _ ❑ _ _.. ❑ Adjourned Robert ValdatiVoter Q ❑ ❑ ❑ Q Closed Vincent Bettina Voter Q 0 ❑ ❑ Joseph Paoloni ;Initiator Q ❑ ❑ ❑ Maureen WCarthy Seconder iij ❑ ❑ Town of Wappinger Page I Printed 6/15/2006 NOTICE OF ADOPTION OF ORDER CALLING A PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Wappingger, Dutchess County, flew York, has, on the 8th day of May, 2006, duly adopted the Order pub- lished herewith calling a public hearing. Dated: Wappingers Falls, New York May 8th, 2006 John C. Masterson Town Clerk In the Matter of proposed sewer improvements in the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12-C of the Town Law, to be Known as Wappinger Sewer Improvement Area #5 ORDER CALLING PUBLIC HEARING WHEREAS, a map, report and plan, including an es- timate of cost, have been duly prepared in such manner and in such detail as has heretofore been de- termined by the Town Board of the Town of Wappinger, Dutchess County, New York, relat- ing to sewer im- provements, to serve a benefited area in said Town to be known as Wappinger Sewer Im- provement Area 05 (the Area"), whose ;bounda- ries shall consist of the area specified in Appendix A as attached hereto here- by made a part hereof (and which is contiguous with present Wappinger Sewer Improvement Area #1l, as more fully shown upon a map on file in the office of the Town Clerk, which map is available for inspection by any person or persons interested in same during regular office hours at said office; and WHEREAS, said. map, plan and report, including esti- mate of cost, Were pre- pared by a competent en- gineer, duly licensed by the State of New York and have been filed in the of- fice of the Town Clerk of said Town, where the same are available during regular office hours for ex- I amination by any person or persons interested in the subject matter thereof, and WHEREAS, the capital im- provements proposed in connection with the estab- lishment of Wappinger Sewer Improvement Area #5 of the Town of Wap- pinger consist of the con- struction of a wet well mounted pump station, with related generator set and gravity main, as well as other original equip- ment, machinery, appara- tus, appurtenances, and incidental improvements and expenses in connec- tion therewith, to be in- stalled near the existing air ejector station on Ce- dar Hill Road in said Area, at a maximum estimated cost of $250,000; and WHEREAS, said maximum e estimated cost shall be au- thorized to be financed by the issuance by the Town of Wappi.ger of its serial bonds a maximum not in excess of the forty year period prescribed by i the Local Finance Law; ►'►� Poughkeepsie, N.Y. and AVIT OF PUBLIWHEREAS, said maxi-�A�'®� mum estimated cost is notgreater than one-tenth of one per centum of the full valuation of taxable real property in the area of the Town of Wappinger out- side .of any villages; and WHEREAS, it is proposed that the cost of the afore- said improvements shall be borne by the real prop- ertv in said Wanoingel assessing, levying upon and collecting from the several lots and par- cels of land within such _ Wappinger Sewer Im- provement Area #5, out- side of any village, which the Town Board shall de. termine and specify to be especiallyimpbenefited by the rovements, ar amount sufficient to pa) the principal and interes on serial bonds and bond anticipation notes issued in anticipation of the issu- ance of serial bonds, as the same become due and payable; and WHEREAS, the aforesaid improvements have been determined to be an Un- listed Action pursuant to the regulations of the New York State Department of Environmental Conserva- tion promulgated ' pursu- ant to the State €avuon- mental Quality Review Act, the implementation of which as proposed, the Town Board has deter- mined will not result in any siggnificant environ mental effects; and WHEREAS, it is now de- sired to 'a" a public hear- ifor the purpose of Con - ad map, plan d reRportsaid, including esti- mate of cost,.and to hear all persons interested in the subject thereof con- cerning the same, all in accordance with the provi- sions of Section 209-q of the Town Law, NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as fql lows: Section 1. A public meet- ing of the Town Board of the Town of Wappinger, Dutchess County; New York, shall be held at the Town Hall, in Wappingers Falls, New York, in said Town on the 12th day of June, 2006. at 7:36 P.M., Prevailing Time, to consid- er the aforesaid. map, plan and report, including esti- mate of cost, and to hear all persons interested in the subject thereof con- cerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be pub- lished price in the official newspaper, and also to post a copy thereof on the town signboard main - tan Ito) poi dance with the provisions of Section 209-q of: the Town Law. Section 3. This Order shall take effect immedi- ately. 6630 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 2006'in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was du published in the said newspaper for— °nweeKSSsucces� vely, in each week, commencing on the 24th._ day of May 2006 and thereafter, namely on: And ending on on the following dates day of —, 2006 , both days inclusive. Subscribed and sworn to before me this___ day of_ Notaiy Public My commission expires LESLIE SHFRADEN Notary Public, ;tate of .Jew York P -lo 01 l-j!i018755 Qualified in i0utche Count Commission Expires , 2006 c1t:iUT1-1E= FJ,J MJT CHEc-�,, FPREE s E A .T i'lADI 5T1= EET L lAPP I i,It E [RS, L,. A1...L ~:, , rlY 1 ?5z -a0 ^ f f 1<A4 -=k -�/ 1 t ¢3 f P U i3 1 .1 e^ a t l C7 lri LJ PIP INGEF» FAL.L.S , PJY 125 9 0 % e ; L. e v7a 1. nf:it 1C,& #7 —12 53 of P,J E LTJ 'Y` OF h: Cc)(.t nt y, of Pl J Tt:'HE5ALL, HFATH ,, f-) e, i ng CA t_1 1 y Swc>r rl , d e P 0 s e. al11(A say: that 7 am the BOOKKEEPER of Scwtherrt a Wi:c (l`+'' rie.UJ4^:paper of gerle ral c_.i.rc,,t_1lat.ion pt.tbl.ishad i.ri WAPRIT`Jt",ER5 FALLS, C c,ui'lt.; of [:rt_I'f CHESS; Statof I'dF.LaJ YORK; and that, a ricA ice , of which the anviexed is a Plf- 1, 11 6CI CUN";y , W;is duly X71.1b.l i shed i rl `yot..lt.her n Dut.,(:",Iles 1"Jews oric'e, ort 05/24/06. --CL�l da, -a Sworn to before me this 25tI' cia'r cif May, 006 ALBERT M OSTEN Notary Public, State of NEW YORK No. 1.4-8',-)40760 i:lttalif.i.ed in CILJ1t::1-1ES County Ply 0arnmi.:3Sion eXPireS on JILI to 1.5, 2007 NOTICE OF ADAPTION OF the OW of the aforesaid im- ORDER CALLING A PUBLIC provements shall be borne by HEAR�NG the real property in said Wap PLEASE TAKEN TICE that' pinger Sewer Improvement Area Town Board of the Town of Wap #5 by assessing, levying upon pinger, Dulchess County, Now and collecting from the several' Yotk,'has, on the 8th day of lots and parcels of land within' Ma2008„ duly adopted, the-' auPh VVeppinger Spwor Im ArL oublished.herewith call- proVoment Area #5, outside of S Town Board Meeting Minutes June 12, 2006 III. Discussions A. Wappinger Farm Estates — Jay Paggi Supervisor Ruggiero explained that there was a petition received from the residents of the Joan Lane neighborhood regarding their concern with the Wappinger Farms Estates. He then asked Jay Paggi to give a presentation summarizing the project. A recap of Mr. Paggi's presentation and the comments, questions, and concerns raised by the public in attendance follows: There are currently two applications: one to the Town Board for a rezone and another for a subdivision that is in the hands of the Planning Board. The plan for the subdivision is for Robinson Lane, just south of the existing Town Recreation Facility. There is a 60 acre parcel on both sides of the road. The application is being put forward by Boris Shtutman and the applicant professionals, Spectra Engineering of Poughkeepsie, NY. Mike White was in attendance to represent Spectra. A letter (petition) was drafted and presented to the Town by June Visconti. Mr. Paggi stated that he would try to address the concerns for the residents and Board members. He pointed out that the application is preliminary in nature, which means it has not received preliminary approval. The first section of the petition pertained to the effect to the water supply and to the adjacent wells. The residents feel that the development will further erode the ability for those wells to produce water. Neither the Planning Board nor the Town Board has the jurisdiction of approval of the placement of the wells on the property. The approval or denial lies solely with the Dutchess County Health Department. Nobody has the rights to the water under the ground; it is owned in common ownership. The owners of the newly proposed lots have the same rights as the owners of the existing parcels. The Health Department states that the developer needs to come in and, at a minimum, drill one new well for every five lots proposed during the testing period. Since this subdivision is a 20 lot subdivision, the developer would need to drill four wells. If it is a sensitive area, the Health Department may require more be drilled. There will also be monitoring wells drilled. If, while pumping the new production well, there is no effect on the monitoring well, it can be assumed that there will be no effect off the site. If the Town finds that there is an effect, the Health Department will need to determine: 1) that there is adequate water to support 20 new wells, and 2) what effect there will be off of the site. Based on those factors, the Health Department will grant approval or deny the application. Mr. Paggi then addressed the second part of the letter which focused on the residents recommendation to stay with R-80 Zoning. Councilman Paoloni asked if any of the 12 acres proposed for recreation were in the flood plain. Mr. Paggi replied that, of the 12 acres, approximately 1.1 acres were in the flood plain but were not proposed to be used. Another item mentioned in the petition related to drainage. Mr. Paggi listed the main waterways and floodplains in the area. In intense rainstorms, the streams have spilled over the banks. The floodplain is put out by the Federal Government and denotes the theoretical elevation that the stream will flood to during the 100 year storm. The definition of a 100 year storm is that it has 1/100th of a chance of occurring. It does not mean that it occurs every 100 years. In the year 1955, the Town had two 100 year storms in one week. The developed portion of the site and the developed portion of the recreation site are all outside of the 100 year floodplain. The drainage area in the Sprout Creek to the development site is significant — it goes all the way up to the Town of Unionvale. The drainage area that is contributed by the new development (about 45 acres) is an almost immeasurable percentage compared to the flow coming from upstream. Because of the soil, existing topography, and existing swales, the drainage system will be designed so, in all storm events up to the 100 year storm, there will be zero flow off of the site. The storm water will need to be treated as it comes off of the site. There are water quality improvement basins proposed for under the parking area near the recreation parcel. During storm events in recent years, water backed up onto the last few houses on Joan Lane. Mr. Paggi pointed out that it was due to water from Sprout Creek. The water reaches a bend, goes over the bank, and flows across the flat floodplain. Mr. Paggi finished his presentation by clarifying that the soccer fields on the diagram are not drawn to scale or in definite locations. The floodplain will be honored and, not one square foot of playing fields will be constructed in the floodplain. Supervisor Ruggiero asked, "If Joan Lane were built today, with todays design requirements, would it be allowed to be built?" Mr. Paggi responded, "Probably not." Supervisor Ruggiero then opened up the floor to comments. The first resident to comment was Oscar Velez of 93 Robinson Lane. He stated that the area did have the 100 year storm last year. He had six inches of water in his basement. There is a pond next to his house that fills up. He suggested that there be better drainage than what is proposed. He also said that he never had a problem as far as running out of water. Mr. Paggi commented that the proposed recreational facilities are not in the 100 year floodplain and should not exhibit the same characteristics as Robinson Lane and Rockingham Farms. He went on to say that the Town of Wappinger Page 3 Printed 611512006 Town Board Meeting Minutes June 12, 2006 20 homes will not have a significant impact on the Sprout Creek flow. Mr. Velez also asked about the impact of significant snow storms. Mr. Paggi pointed out that the houses would be constructed either without basements or, if they do have basements, the basement will be constructed at an elevation that the house would stick up out of the ground. The next resident to speak was Leonard Abbatantuono of 9 Paulette Lane. He asked if he was in the floodplain and Mr. Paggi replied that he wasn't. He then commented that, when the Town had the major storm back in October, his property flooded. He said that builders typically grade everything toward the center and it causes water to flow out and around. He wanted to know what would keep the water from flooding hi:; pr3perty. Mr. Paggi replied that the applicant is proposing to maintain the existing swaleg around the perimeter of both sides of the property. Supervisor Ruggiero asked if the resident had any drainage problems aside from the event last October. The resident replied that he didn't. Douglas B. Gale, of 57 Helen Drive, spoke next. He asked, when the developers build the development and the roadway, will they put drainage in going out to Sprout Creek? Mr. Paggi replied, "Yes." Another resident pointed out that, when Sprout Creek floods, the drains overflow and do nothing. The next resident to speak was June Visconti. She poirr�ed out that the October storm was the fourth one that she's seen. The water flows less than three feet from the corner of her patio. She is concerned that, if anything additional is put in that area, the water will be coming into her house. She wanted to know if the berm would be maintained. Supervisor Ruggiero pointed out that, in the petition that Mrs. Visconti submitted, she said that many residents have experienced a lack of water in their wells and asked if there were any residents that had that problem. There was one resident, Lynn Vecchio of 2 Rose Lane, that responded. She said that she put in two pumps so far. She lost water but it came back within two days. Anthony Costino, of 7 Paulette Lane, spoke next. His neighbor had to have his well dug twice because it had gone dry. With all of the new homes to go in, Mr. Costino doesn't think that anyone can determine what effect will happen when the new houses come. He went on to say that his house abuts the lower left of the football field. The proposed 40 foot buffer zone would put him on the ball field. The noise will be a problem for him. He stated that the lights at Robinson Lane are on during the day and he doesn't want to pay the electric bill for that. He said that they are on for 24-48 straight hours. Supervisor Ruggiero asked how recently the lights were left on. June Visconti replied that they were left on the previous Friday at 10:30PM in the pouring rain. Mr. Farrell asked to respond. He said that the iights didn't get turned off until 10:30 because the last game didn't get suspended until 10:00PM and it takes him a half hour to close the park and turn the lights off. He also said that the lights were left on twice this year and explained the reasons why. Mr. Farrell said that residents are calling in to complain that the lights are left on even when they are not left on. Mrs. Vecchio asked if the Town really needed more soccer fields. Supervisor Ruggiero explained that there are 1200 children in the soccer program. Airport Park will soon be taken out of service for repair and rehabilitation. He also stated that the Pop Warner program for this area has no home. The Junior High School field will soon be taken out of service as well. Councilman Paoloni asked if it were possible to increase the buffer space. Mr. Paggi explained that if that were done, the size of the playing fields would have to be downsized. The limiting factor is the floodplain. Mr. Velez commented again. His concern was that the lights were on late at night for kids, but kids shouldn't be up that late. Mr. Ruggiero explained that adults were using the fields late at night. Mr. Farrell explained that there were many other groups that used the field aside from Little League and gave examples. Next to speak was Frederick B. Tartter of 101 Robinson Lane. He had an issue with a water control basin. Mr. Paggi explained that the runoff from the new site will be completely managed on site and would not be allowed to flow off of the site. Discussion followed. Councilwoman McCarthy asked if the new houses would have an effect on what happens to Sprout Creek when it flows over the bank. Mr. Paggi replied that there would be more runoff after the development than before. The runoff would be managed using dry wells. Supervisor Ruggiero asked for a ; clarification on the difference in pervious surface that would occur with the development. Mr. Paggi explained that there would be the same number of homes but more road surface. That would have a greater impact leading to more water to control. Lynn M. Fitzgerald spoke next. She said that the lower pocket that was mentioned before is between her property and Mr. Abbatantuono's property. That pocket becomes a moat. The water comes through at the edge of Costino's property and Abbatantuono's property. That same thing has happened four times in the 30 years that she has lived there. Mr. Velez spoke again. He said that the ground gets saturated. He has gravel under his property and the water has nowhere to go. Discussion followed. The next resident was Donald J. Mierisch of 12 Joan Lane. He said that, if all of the runoff is directed toward Sprout Creek, it will flood his house. Mr. Paggi disagreed. Mr. Mierisch went Town of Wappinger Page 4 Printed 6/15/2006 Town Board Meeting Minutes June 12, 2006 on to say that he gets puddles in his backyard from the Creek. He claimed that the groundwater comes up above the Creek. Mr. Paggi explained that the groundwater does not come up above the Creek. Mr. Mierisch said that the water is not going where Mr. Paggi said it is going and is afraid that the development will add even more water. Mr. Paggi explained again that the water would be managed onsite before it hits the Creek using dry wells and chambers under the ground. Discussion followed. June Visconti asked to speak again. She wanted to know what the application for rezoning was for. Supervisor Ruggiero replied that it was for a change of zone from 2 acre to 1 acre. Her second question was whether the decision concerning the zoning change would take place after the Department of Health made their determination. Supervisor Ruggiero replied that the change would only take effect if the developer got final approval from the Planning Board. If the plan fails, the zoning would stay as is. Mrs. Visconti went on to voice a concern about the Woods Edge Developer. She claimed that the developer's property is the last house on Robinson Lane. He is rerouting all of the water around his house, using huge pipes, into the Town of Wappinger. She wanted to know if anyone has spoken to the Town of Lagrange to find out what was going on. Mr. Paggi replied that it is a single family house on approximately ten acres. At the time that the house was built, the Town of Wappinger was in contact with the Town of Lagrange to make sure that everything was being done with the proper permits. When the owner started to do all the additional work, the Town of Wappinger once again contacted the Town of Lagrange. Lagrange said that everything was being done as authorized. Some of the Town of Lagrange roads are draining into the stream, which is a tributary to Sprout Creek. Supervisor Ruggiero asked Mr. Paggi to find out if that project had all of the required DEC approvals. The next resident to speak was Mrs. Concetta Olivieri of 207 Old Hopewell Road. She asked who would be building and installing the underground container that is illustrated by the blue box on the map. Mr. Paggi replied that the developer would be handling that. The last resident to speak was Kathryn J. Morano of 6 Rose Lane. She asked if there would be a fence or tree line as a form of buffer in this development. Supervisor Ruggiero stated that he thinks this would be the minimum of what needs to be done out there. That would give the residents the peace and tranquility that they deserve. Mrs. Morano followed up by asking if anything was being done about the traffic in that area. Supervisor Ruggiero answered that the State Department of Transportation was working on rehabilitating the intersection of Route 376 and Robinson Lane. The Town can't force the developer to make any improvements on those roads. As there were no further comments or questions, Supervisor Ruggiero recapped what was covered in the discussion and then closed the discussion at 8:43 PM. B. Emergency Preparedness Plan On Wednesday, May 24`h, at 7:00 PM, a meeting was held at the Town Hall to review the Emergency Preparedness Plan. The plan was reviewed by a committee, appointed by the Supervisor, made up of representatives of each of the Firehouses, the Sheriff's Office, the State Police, the school district, the Town Engineer, the Town Highway Superintendent, the Code Enforcement Officer, Fire Inspector, and so on. The committee reviewed the plan and found it acceptable. The plan is on the agenda for this Board Meeting for adoption. Councilman Valdati asked that a copy be sent to the Village of Wappingers. The discussion was closed at 8:53 PM. C. Complete Arts Workshop - Ralph Holt Ralph Holt was in attendance to give a presentation about a Complete Arts Workshop that he has been planning. The program is intended for 13-15 year olds. There is a baby-sitting program and an amateur radio program planned. The main program would be a 4 week course called "The Complete Arts Workshop". The program would be instructed by Mr. Hayden Wayne. Mr. Wayne is moving from New York City to the Town of Wappinger. Mr. Holt proceeded to give a background report on Mr. Wayne. The class would be three hours a day. Each student would pay $100.00 a week. The Town would be paying Mr. Wayne $1000.00 a week. Councilman Valdati asked to see Mr. Wayne's resume. Mr. Holt listed some of the topics that would be included in the program. Councilwoman McCarthy asked how many kids would be served. Mr. Holt replied that he planned on having 10-12 kids per class. Councilman Valdati recommended having something included that senior citizens could take part in as well. Discussion followed. The discussion was closed at 9:06 PM. IV. Resolutions RESOLUTION: 2006-143 Resolution Authorizing Purchase Orders for Town Recreation to Use Pool Facilities at Town of Wappinger Page 5 Printed 611512006 Town Board Meeting Minutes June 12, 2006 Cross Court Tennis Club WHEREAS, The Recreation Commission requests permission to obtain two Purchase Orders in the amount of Four Thousand Seven Hundred Fifty and 00/100 ($4, 750.00) for the use of Cross Court Tennis Club's pool facilities for the Town of Wappingers Swim Program, which runs from June 26th to August 11th, 2006. 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. Two purchase orders are hereby authorized in the amount of Four Thousand Seven Hundred Fifty dollars and 00/100 ($4,750.00) payable to Cross Court Tennis Club, from Account B-7310.403, in accordance with a letter dated May 26th, 2006, from Ralph Holt, Recreation Chairman to the Town Board. The foregoing was put to a vote which resulted as follows: Vote Record - Resoludea 2006-143' AdoptedYes/Aye Yes/Aye No/Nay Abstain Absent C� Adopted Joseph Rtero Voter ® ❑ ❑ _� ❑ ❑ Adopted as Amended _ Robert Valdati — _ Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter B ❑ ❑ ❑ ❑ Tabled Joseph Paoloni Seconder D ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthyInitiator Voteror i El ❑ ❑ ❑ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-144 Resolution to Authorize a Purchase Order for Town Recreation to Use Wappinger Central School District Bus Transportation for Summer Camp Program WHEREAS, The Recreation Commission requests permission to obtain a purchase order in the amount of Nine Thousand Dollars and 00/100 ($9,000.00) for the use of Wappingers Central School District Buses for their daily bus trips for the Summer Playground Program which runs from June 26th to August 11th, 2006. 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 Nine Thousand dollars and 00/100 ($9,000.00) payable to Wappingers Central School District from Account B- 7310.410, in accordance with a letter dated May 26th, 2006 from Ralph Holt, Recreation Chairman to the Town Board. The foregoing was put to a vote which resulted as follows: V'VoWitecord - Resolutioid 2006«144 AdoptedYes/Aye NotNay Abstain Absent ® JosRuggiero eph Voter lZ ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ® ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voteror 0 .., ., ❑ ❑ ❑. ..._ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-145 Resolution Authorizing Zoning Administrator to Attend Planning and Zoning Summer School Town of Wappinger Page 6 Printed 6/15/2006 Town Board Meeting Minutes June 12, 2006 WHEREAS, the Town Board received a letter by Tatiana Lukianoff, Zoning Administrator, dated May 25th, 2006, a copy of which is attached hereto, requesting authorization to allow Tatiana Lukianoff, Zoning Administrator to attend the Planning and Zoning Summer School on July 13th, 2006 at the Franklin D. Roosevelt Library, in Hyde Park, New York, and WHEREAS, it has been requested that Barbara Roberti, Secretary to the Planning and Zoning Board be authorized to attend the Planning and Zoning School NOW, THEREFORE, BE IT RESOLVED, that Tatiana Lukianoff, Zoning Administrator, and Barbara Roberti, Secretary to the Planning and Zonin� Board, are hereby authorized to attend the Planning and Zoning Summer School on July 13t , 2006 at the Franklin D. Roosevelt Library in Hyde Park, New York, at cost not to exceed Forty Dollars and 00/100 ($40.00) each. The foregoing was put to a vote which resulted as follows: ✓ vote Record - Resolation 200 145 ® Adopted — _ Yes/Aye No/Na Abstain Absent ❑ Adopted as Amended p Jose h Ru iero _ Voter ® ❑ -T O ❑ Defeated Robert Valdati Voter _ ® ❑ ❑ _ ❑ Tabled Vincent Bettina Initiator , 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter i ® ❑ ❑ I ❑ Maureen McCarthySeconder ® 1 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-146 Resolution Authorizing the Town of Wappinger to Enter Into an Amendment to the Existing Cooperation Agreement Dated July 6", 2000, as Amended, with the County of Dutchess, for the Purpose of Undertaking Community Development and Home Programs for the Program Year Commencing Federal Fiscal Years 2007-2009 WHEREAS, the secretary of Housing and Urban Development of the United States is authorized, under Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnership Program of Title II of the National Affordable Housing Act of 1990, to make grants to States and other units of general local government to help finance Community Development Programs, and WHEREAS, it is desirable and in the public interest that the Town of Wappinger participate in aforesaid Community Development and HOME programs for the program year commencing Federal Years 2007-2009, (and successive three year qualification period); and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either individually or jointly with one or more other municipal corporations, to apply for, accept and expend funds made available by the Federal government, either directly or through the state, pursuant to the provisions of any Federal law which is not inconsistent with the statues or constitution of this State, in order to administer, conduct or participate with the Federal government in programs relating to the general welfare of the inhabitants of such municipal corporation, and WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnership Program of Title II of the National Affordable Housing Act of 1990, and any `Eligible Activities" thereunder are not inconsistent with the statutes or constitution of the State, and WHEREAS, The TOWN OF WAPPINGER shall take all required actions to comply with the Urban County's certification required by Section 104 (b) of Title I of the Housing and Community Development Act of 1974 as amended, and with the provisions of the National Environmental Policy Act of 1969, Title VI of Civil Rights Act of 1964, prohibits discrimination because of race, color or national origin under any program or activity receiving Federal financial assistance, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of Title, I of the Housing and Community Development Act of 1974, the Fair Housing Act, the Americans with Disability Act of 1990 Uniform Relocation Act, Sec. 504 of the Rehabilitation Act of 1973, and other applicable laws. Further, Urban County funding is specifically prohibited for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction, or that impedes that County's action to comply with its fair housing certification. WHEREAS, the TOWN OF WAPPINGER as a cooperating unit of local government has adopted and is enforcing: Town of Wappinger Page 7 Printed 6115/2006 Town Board Meeting Minutes June 12, 2006 a) A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and b) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. WHEREAS, participation by the County of Dutchess as an Urban County in the Community Development and HOME programs requires that the Municipality of the TOWN OF WAPPINGER, and the County of Dutchess cooperate in undertaking, and assist in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 9 and 17 of the New York Constitution, and WHEREAS, the County and the TOWN OF WAPPINGER will cooperate in developing LA Community Development and Affordable Housing Programs and applications for the Community Development Block Grant Entitlement Program and the HOME Investment Partnership ("HOME Program") which will be designed primarily for the purpose of meeting the priority needs and objectives of the participating localities based upon an inventory of the community development and housing needs developed mutually by local and County officials, and WHEREAS, the Board deems it to be in the ,mbl c Interest for the Municipality of the TOWN OF WAPPINGER to enter into a Cooperaiion Agreement Amendment with the County of Dutchess for the aforesaid purposes. NOW, THEREFORE, BE IT RESOLVED, as follt,ws. That Joseph Ruggiero, Supervisor of the Town of Wappinger, be and hereby is authorized to execute a Cooperation Agreement Amendment between the Municipality of the TOWN OF WAPPINGER and the County of Dutchess for the purpose of undertaking a Community Development Program pursuant to Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnership Program of Title II of the National Affordable Housing Act of 1990, for the program year commencing Federal Fiscal Years 2007-2009 (and successive three-year qualification periods). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution 2066-146 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter m ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ Tabled Jose h Paolom Voter ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthySeconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-147 Resolution Authorizing Acceptance of Subdivision Bond for the Woods Edge Subdivision WHEREAS, Paggi, Martin & Del Bene, LLP, Engineers to the Town, by letter dated May 18th, 2006, determined the amount of the security (bond) necessary to be posted to secure a Performance Agreement for the improvements required in connection with the Woods Edge Subdivision in the Town of Wappinger, a copy of said letter is attached hereto; and WHEREAS, the calculation has determined that the total amount of the security shall be One Hundred Sixty -Five Thousand Dollars and 00/100 ($165,000.00) NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby resolves that it will. accept a Performance Agreement secured by a Surety Bond or Letter of Credit in the sum of One Hundred Sixty -Five Thousand Dollars and 00/100 ($165,000.00) to guarantee the construction of various improvements to be made in connection with the development of the Woods Edge Subdivision. 3. The Performance Agreement secured by a Surety Bond or Letter of Credit in the amount of One Hundred Sixty -Five Thousand Dollars and 00/100 ($165,000.00) shall be subject to acceptance in such form as approved by the Attorney to the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 8 Printed 6/15/2006 Town Board Meeting Minutes June 12, 2006 Adoptedi.Uu.uy nusixlu auseut JoVoter ❑ ❑ Adopted as Amended — -- ❑ Defeated--IRobert Valdati Initiator ® ❑❑❑ ❑ Tabled Vincent Bettina Voter ® E� ❑❑- ❑ ❑ Withdrawn Joseph Paoloni Voter 0— ❑ ❑ ❑ Maureen McCarthy Seconder 0 j ❑ ' ❑ ❑ Dated: Wappingers Falls, New York June 12 , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-148 Resolution Authorizing Refund of Unused Escrow for 153 Old Hopewell Road WHEREAS, on or about January 5t', 2005 Marlow Dunham deposited One Thousand Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the property located at 153 Old Hopewell Road for seeding, and WHEREAS, Marlow Dunham has requested a refund in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00), and has been approved by Salvatore Morello, Code Enforcement Officer in letter dated May 19th, 2006 to the Town of Wappinger Town Board. 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 Five Hundred Dollars and 00/100 ($1.500.00) made payable to Marlon Dunham Account Number 2004-0512, for the refund of the unused escrow deposited for the property located at 153 Old Hopewell Road. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resoluttoa 2006-148 Adopted 1'es/A No/Nay - Abstain ; Abse ntm - r Joseph Ru-ggiero Voter f--- ❑ ❑ Adopted as Amended Robert Valdati R - Voter EJ - ❑ ❑ 4 ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator { ® ❑ ❑ ❑ ❑ Withdrawn _13_ ._.._. i .. O ❑Seconder Maureen McCarthyVoter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-149 Resolution Authorizing Refund of Unused Escrow for 20 Whites Corner Lane for Paving of Driveway WHEREAS, on or about January 20th, 2006, Kim O'Donnell deposited Seven Thousand Five Hundred Dollars and 00/100 ($7,500.00) with the Town of Wappinger for the property located at 20 White Corner Lane for paving of driveway, and WHEREAS, Kim O'Donnell has requested a refund in the amount of Seven Thousand Five Hundred Dollars and 00/100 ($7,500.00), and has been approved by Graham Foster, Highway Superintendent, in letter dated June 5`h, 2006, to the Town of Wappinger Building Department. 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 Seven Thousand Five Hundred Dollars and 00/100 ($7.500.00) made payable to Kim O'Donnell Account Number 2005-0613, for the refund of the unused escrow deposited for the property located at 20 White Corner Lane. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 9 Printed 6/15/2006 Town Board Minutes June 12, 2006 ✓V6*- 10e0itNbta`xOW14"9 Yes/Aye Nod ay Abstain Absent ® Adopted Joseph Ruggiero Voter 0 0 ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ El Tabled Joseph Paoloni hitiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthySeconder Maureen McCarthy 0 ❑ ❑ Cl ❑ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-150 Resolution Authorizing Refund of Unused Escrow for 27 Whites Corner Lane WHEREAS, on or about January 4`h, 2006 Kim O'Donnell deposited Two Thousand Dollars and 00/100.($2,000.00) with the Town of Wappinger for the property at 27 White Corner Lane for seeding, and WHEREAS, Kim O'Donnell has requested a refund in the amount of Two Thousand Dollars and 00/100 ($2,000.00), and has been approved by George Kolb, Director of Code Enforcement, in letter dated June 5`h, 2006 to the Town of Wappinger Town Board. 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 Two Thousand Dollars and 00/100 ($2,000.00) made payable to Kim O'Donnell Account Number 2005-0458, for the refund of the unused escrow deposited for the property located at 27 White Corner Lane. The foregoing was put to a vote which resulted as follows: ✓ Yate ;,Record - Resointion'2066-150' Yes/Aye No/Nay Abstain _ ._ Absent .. _ _ .m .. 0 Adopted Jo seph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter 11 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Joseph Paoloni Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-151 Resolution Authorizing Refund of Unused Escrow for 20 Whites Corner Lane for Seeding WHEREAS, on or about January 20th, 2006 Kim O'Donnell deposited One Thousand Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the property located at 20 White Corner Lane for seeding, and WHEREAS, Kim O'Donnell has requested a refund in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00), and has been approved by George Kolb, Director of Code Enforcement, in letter dated June 5`h, 2006 to the Town of Wappinger Town Board. 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 Five Hundred Dollars and 00/100 ($1.500.00) made payable to Kim O'Donnell, Account Number 2005-0613, for the refund of the unused escrow deposited for the property located at 20 White Corner Lane. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 10 Printed 6/1512006 Town Board Meeti ® Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Minutes Dated: Wappingers Falls, New York June 12t , 2006 June 12, 2006 ,stain Absent ❑ ❑ a_ ❑ ❑ ❑ _ ❑ ❑ The Resolution is hereby duly declared adopted. RESOLUTION: 2006-152 Resolution Authorizing Members of the Sports Museum of Dutchess County to Use Carnwath Grounds for a Family Fun Day WHEREAS, Joseph Ennesser, a member of the board of trustees for the Sports Museum of Dutchess County, has requested permission in a letter dated May 25th, 2006, which is attached hereto, that the members of the Sports Museum be allowed to use the grounds at Carnwath for a family fun day on July 23rd, 2006, and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town of Wappinger Town Board hereby authorizes the members of the Sports Museum of Dutchess County to use the Carnwath grounds for a family fun day on July 23rd, 2006. The foregoing was put to a vote which resulted as follows: ✓Vote liecoii�d`- Reaolntion 21kQ-1ST 'Voter YegAye J. No/P Joseph Ru_g�iero _ I _ ® '— I � ❑ Robert Valda6 Voter ❑ Adopted as Amended o Vincent Bettina Voter ® ❑ Joseph Paoloni Initiator ® p Maureen McCarthy Seconder ❑ Dated: Wappingers Falls, New York June 12t , 2006 June 12, 2006 ,stain Absent ❑ ❑ a_ ❑ ❑ ❑ _ ❑ ❑ The Resolution is hereby duly declared adopted. RESOLUTION: 2006-152 Resolution Authorizing Members of the Sports Museum of Dutchess County to Use Carnwath Grounds for a Family Fun Day WHEREAS, Joseph Ennesser, a member of the board of trustees for the Sports Museum of Dutchess County, has requested permission in a letter dated May 25th, 2006, which is attached hereto, that the members of the Sports Museum be allowed to use the grounds at Carnwath for a family fun day on July 23rd, 2006, and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town of Wappinger Town Board hereby authorizes the members of the Sports Museum of Dutchess County to use the Carnwath grounds for a family fun day on July 23rd, 2006. The foregoing was put to a vote which resulted as follows: ✓Vote liecoii�d`- Reaolntion 21kQ-1ST ® Adopted _ Ye" a No/Na Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ® j i 13 ❑ ❑ Defeated rt RobeValdati Voter i ® (30 ❑ ❑ Tabled Vincent Bettina Seconder ® { ❑ r ❑ ❑ ❑ Withdrawn Joseph Paolom Initiator ® -- - --, ❑ ❑ �; �� ❑ Maureen McCarthyVoter ® ❑ ❑ O Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-154 Resolution Approving the Town of Wappinger Emergency Response Plan WHEREAS, Under New York State Executive Law Article 2-B, Section 23, the Town Supervisor is given authority and responsibility to prepare an "Emergency Preparedness Plan", and WHEREAS, On May 24th, 2006, Joseph Ruggiero, Town of Wappinger Supervisor, met with the Emergency Preparedness Committee at the Town of Wappinger Town Hall for a table- top emergency drill exercise and to finalize the Emergency Preparedness Plan, and WHEREAS, The Emergency Preparedness Committee members are requesting the Town Board members to approve the Emergency Plan for the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: That the Town of Wappinger Town Board adopts the official Emergency Plan for the Town of Wappinger, and authorizes the Town Supervisor to sign it. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 11 Printed 6/15/2006 Town Board Meet! Minutes June 12, 2006 RESOLUTION: 2006-155 Resolution Introducing Local Law No. of 2006 Amending the Town of Wappinger Zoning Law Regarding Fences WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-2 LB(4) of the Town of Wappinger Zoning Law, should be amended so as to allow more discretion by the Planning Board in approving fences (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. _ of 2006 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are to remain in full force and effect and are otherwise ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. _ of 2006 for 7:30 PM on the 5th day of July, 2006, and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 12 ' ' Printed 611512006 Yes/Aye _ No/Nay - - Abstain Absent - ® Adopted .. Joseph Ruiero Voter ® - ❑ -- ❑ ❑ - - ❑ Adopted as Amended _ Robert Valdati Initiator ® ❑ ___ ❑ _. ❑ ❑ Defeated _- ___ _._ Vincent Bettina _ . _ �._ ___ Voter ® ❑ ❑ __ ❑ _ - ❑ Tabled __— Joseph Paoloni Seconder _� ® ❑ ❑ ❑ ❑ withdrawn Maureen McCarthyVoter ❑ ❑ ❑ ❑ Dated: Wappin11ers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-155 Resolution Introducing Local Law No. of 2006 Amending the Town of Wappinger Zoning Law Regarding Fences WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-2 LB(4) of the Town of Wappinger Zoning Law, should be amended so as to allow more discretion by the Planning Board in approving fences (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. _ of 2006 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are to remain in full force and effect and are otherwise ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. _ of 2006 for 7:30 PM on the 5th day of July, 2006, and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 12 ' ' Printed 611512006 Town Board Meeti ® Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Minutes Dated: Wappingers Falls, New York June 12 , 2006 June 12, 2006 stain Absent ❑ O ._._... �.. a, ❑ ❑ ❑ The Resolution is hereby duly declared adopted. RESOLUTION: 2006-156 Resolution Authorizing Intermunicipal Cooperation Agreement WHEREAS, The following municipalities are all currently conducting a revaluation of all assessments of locally assessed properties, as defined by Real Property Tax Law 102: • CITY OF BEACON; • TOWN OF BEEKMAN; • TOWN OF EAST FISHKILL; VILLAGE OF FISHKILL; • TOWN OF LAGRANGE; • CITY OF POUGHKEEPSIE; • TOWN OF POUGHKEEPSIE; AND • TOWN OF WAPPINGER; AND WHEREAS, The above listed municipalities desire to contract for the purpose of having prepared and aired on local television an informational announcement to educate the public on the revaluation process (the "Informational Announcement"); and WHEREAS, The parties enter into this intermunicipal agreement for the purpose of memorializing and outlining their understandings in furtherance of this undertaking; and WHEREAS, a proposed intermunicipal agreement is annexed hereto as Exhibit "A; and NOW, THEREFORE, BE IT RESOLVED that the Town Board approves, and authorizes the Supervisor to execute, a proposed intermunicipal agreement for the procurement of services for an Informational Announcement, or any other agreement document having substantially the same or similar provisions. The foregoing was put to a vote which resulted as follows: ✓ vote Record - Resolution 1006-156 ` Yes/A a No/D Joseph Ruggiero Voter ® ❑ Robert Valdati Voter ® ❑ Vincent Bettina Initiator ® ❑ Joseph Paoloni Voter ® ❑ Maureen McCarthy Seconder ® ❑ Dated: Wappingers Falls, New York June 12 , 2006 June 12, 2006 stain Absent ❑ O ._._... �.. a, ❑ ❑ ❑ The Resolution is hereby duly declared adopted. RESOLUTION: 2006-156 Resolution Authorizing Intermunicipal Cooperation Agreement WHEREAS, The following municipalities are all currently conducting a revaluation of all assessments of locally assessed properties, as defined by Real Property Tax Law 102: • CITY OF BEACON; • TOWN OF BEEKMAN; • TOWN OF EAST FISHKILL; VILLAGE OF FISHKILL; • TOWN OF LAGRANGE; • CITY OF POUGHKEEPSIE; • TOWN OF POUGHKEEPSIE; AND • TOWN OF WAPPINGER; AND WHEREAS, The above listed municipalities desire to contract for the purpose of having prepared and aired on local television an informational announcement to educate the public on the revaluation process (the "Informational Announcement"); and WHEREAS, The parties enter into this intermunicipal agreement for the purpose of memorializing and outlining their understandings in furtherance of this undertaking; and WHEREAS, a proposed intermunicipal agreement is annexed hereto as Exhibit "A; and NOW, THEREFORE, BE IT RESOLVED that the Town Board approves, and authorizes the Supervisor to execute, a proposed intermunicipal agreement for the procurement of services for an Informational Announcement, or any other agreement document having substantially the same or similar provisions. The foregoing was put to a vote which resulted as follows: ✓ vote Record - Resolution 1006-156 ` El Adopted Yes/A a No/Nay Abstain �.._ Absent _ Joseph Ruggiero Voter ® ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator i ® 1 ❑ ❑ ❑ ❑ d Tabled Vincent Bettina Voter ® i ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ® ___ ❑ ❑ A-3 — ❑ Maureen McCarthySeconder ® 13 ❑ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-157 Resolution Authorizing a Portion of the Emergency Services Building to be Leased to TC Hudson Valley, Inc. D/B/A TransCare WHEREAS, the Town Board has previously entered into an Ambulance Service Agreement with TC Hudson Valley, Inc. d/b/a TransCare (hereinafter "TransCare"); and WHEREAS, the Agreement between the Town and TransCare was for the purposes of providing general ambulance services for all sick or injured persons found in the boundaries of Wappinger's Ambulance District; and WHEREAS, the Agreement between the Town and TransCare was effective from January, 2005 and terminating December 31st, 2009, subject to terminations or renewals as provided in said Agreement; and WHEREAS, the Town has previously leased a portion of the Emergency Services Building to Sloper-Willen Community Ambulance Service, Inc. and Alamo Ambulance Service, Inc. both of which corporations previously provided general ambulance services to the Town; and Town of Wappinger Page 13 Printed 6/15/2006 Town Board Meeting Minutes June 12, 2006 WHEREAS, the Emergency Services Building was originally designed and constructed so that a portion of said building would be utilized by Sloper-Willen Community Ambulance Service for general ambulance services; and WHEREAS, TransCare will occupy the portion of the Emergency Services Building previously occupied by Sloper-Willen; and WHEREAS, it is the intention that this Lease Agreement will be co -terminus with the Ambulance Service Agreement between the Town and TransCare and will provide for a monthly rent of $7,000.00 per month payable on the I` day of each month during the term of the Lease. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby agrees to Lease the portion of the Emergency Services Building formerly occupied by Sloper-Willen to TransCare at the rate of $7,000.00 per month retroactive to April 1St, 2006, and continuing through December 31St, 2009, unless the Ambulance Service Agreement is terminated or renewed for five (5) year periods as set forth in paragraph 16 of the Ambulance Service Agreement between the Town and TransCare. In the event the Ambulance Service Agreement is terminated or renewed for a successive five (5) year period, then the term of the Lease Agreement will be terminated and/or extended to be co - terminus with the Ambulance Service Agreement. 3. Supervisor Joseph Ruggiero is hereby authorized to execute the Lease Agreement on behalf of the Town in substantially in the same form as attached hereto as Exhibit "A". 4. This resolution is subject to permissive referendum. The foregoing was put to a vote which resulted as follows: ✓ Vote tecord - Resolution i 2006-157 Yes/Aye No/Na y Absent 0 Adopted Josh V Voter ® ❑ _Abstain ❑ 11❑ Adopted as Amended Robert Valdati Initiator ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ® ❑ ❑ ❑ ❑ Tabled Joseph Paoloni Voter ® ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthySeconder EI ❑ ❑ ❑ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-158 Public Interest Resolution in the Matter of Proposed Sewer Improvements in the Town Pursuant to Article 12-C of the Town Law to be Known as Wappinger Sewer Improvement Area #5 WHEREAS, a map, report and plan, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to sewer improvements, to serve a benefitted area in said Town to be known as Wappinger Sewer Improvement Area #5 (the "Area"), whose boundaries shall consist of the area specified in Appendix A as attached hereto and hereby made a part hereof (and which is contiguous with present Wappinger Sewer Improvement Area #1), as more fully shown upon a map on file in the office of the Town Clerk, which map is available for inspection by any person or persons interested in same during regular office hours at said office; and WHEREAS, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and WHEREAS, the capital improvements proposed in connection with the establishment of Wappinger Sewer Improvement Area #5 of the Town of Wappinger consist of the construction of a wet well mounted pump station, with related generator set and gravity main, as well as other original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, to be installed near the existing air ejector station on Cedar Hill Road in said Area, at an original maximum estimated cost of $250,000; and WHEREAS, said maximum estimated cost shall be authorized to be financed by the issuance by the Town of Wappinger of its serial bonds with a maximum maturity not in excess of the forty year period prescribed by the Local Finance Law; and WHEREAS, said maximum estimated cost is greater than one-tenth of one per centum of the full valuation of taxable real property in the area of the Town of Wappinger outside of any Town of Wappinger Page 14 Printed 6/15/2006 Town Board Meeting Minutes June 12, 2006 villages; and WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne by the real property in said Wappinger Sewer Improvement Area #5 by assessing, levying upon and collecting from the several lots and parcels of land within such Wappinger Sewer Improvement Area #5, outside of any village, which the Town Board shall determine and specify to be especially benefitted by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and WHEREAS, the aforesaid improvements have been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act which by definition will not result in any significant environmental effects; and WHEREAS, the Town Board of the Town of Wappinger duly adopted an Order on May 8�', 2006 calling a public hearing upon said map, report and plan, including the estimate of cost, and the question of funding for the sewer distribution system known as Wappinger Sewer Improvement Area #5, such public hearing to be held on the 12th day of June, 2006, at 7:30 o'clock P.M., Prevailing Time, at the Town Hall, in Wappingers Falls, New York, in said Town, at which time and place all persons interested in the subject thereof could be heard concerning the same; and WHEREAS, notice of said public hearing was duly posted and published as required by law; and WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same; and WHEREAS, it is now desired to authorize and to provide funding for such improvements NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to establish said Wappinger Sewer Improvement Area #5 and to make the sewer improvements hereinafter described and such sewer improvements are hereby authorized. The proposed Area hereby determined to be benefitted by said Wappinger Sewer Improvement Area #5 is as set forth in Appendix A annexed hereto and made a part hereof. Section 2. The proposed sewer system improvements shall consist of the construction of a wet well mounted pump station, with related generator set and gravity main, as well as other original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, to be installed near the existing air ejector station on Cedar Hill Road in said Area. The method of financing of said cost shall be by the issuance of serial bonds of said Town of Wappinger, and/or bond anticipation notes issued in anticipation of said bonds, to mature in annual installments over a period not exceeding forty years and such bonds shall be payable from assessments levied upon and collected from the several lots and parcels of land as provided by law, so much upon and from each as shall be in just proportion to the amount of the benefit which the improvements shall confer upon the same. Section 3. It is hereby determined that the estimated expense of the aforesaid sewer improvements does exceed one-tenth of one per cent of the full valuation of the taxable real property in the Area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller was required and received for such improvement. Section 4. It is hereby further determined that all of the cost of the aforesaid improvements shall be borne wholly by property within Wappinger Sewer Improvement Area #5, with no cost thereof to be borne by the entire area of the Town outside of any village. Section 5. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within ten days of the date of adoption hereof in the Office of the Clerk of the County of Dutchess, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement. Section 6. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 15 Printed 611512006 Town Board Meeting Minutes June 12, 2006 ✓ Vtat� Reed�d �'ttea�bin#on 200G-138 No/Nay i_Abstain Absent Joseph Ruggiero Voter j El ❑ 13 ® Adopted Valdati Seconder Yes/Aye_ No/Nay Abstain _ .__ Absent ❑ Defeated VRobert incent Bettina Voter ® Adopted _ Joseph Ruggiero Voter _ ®_ ._ __ _� ❑ _.. F ❑ t7 ❑ ❑ Adopted as Amended Robert Valdati o Voter � l� ❑ � ❑ ❑ Defeated Vincnt Betttna e Seconder Qf ❑ ❑ ❑ ❑ Tabled Joseph Paoloni Voter ® �— ❑ ❑ ❑ ❑ Withdrawn Manrnen McCarthv Initiator ® ❑ ❑ ❑ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. 16. Motion to add resolution 2006-159 to the agenda by unanimous consent ✓ vote Record -,Motion to add resotutlon 2006-159 to agenda ` i Yes/Aye No/Nay i_Abstain Absent Joseph Ruggiero Voter j El ❑ 13 ® Adopted Valdati Seconder 0 ❑ ❑ ❑ ❑ Defeated VRobert incent Bettina Voter BI ❑ ❑ ❑ ❑ Withdrawn Jo, seph PaoloniVoter E _ t7 ❑ ❑ Maureen McCarthy initiator ® ❑ ❑ ❑ RESOLUTION: .2006-159 A Resolution Authorizing the Issuance of $250,000 Serial Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Wappinger Sewer Improvement Area #5 Improvements of the Town of Wappinger, Dutchess County, New York WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated June I e, 2006, said Town Board has determined it to be in the public interest to establish Wappinger Sewer Improvement Area #5 and to make certain improvements therefore at a maximum estimated cost of $250,000; and WHEREAS, said improvements have been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act which by definition will not result in any significant environmental effects; and WHEREAS, it is now desired to provide funding for such improvements, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of sewer system improvements, including the construction of a wet well mounted pump station, with related generator set and gravity main, as well as other original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, to be installed near the existing air ejector station on Cedar Hill Road in Wappinger Sewer Improvement Area #5, at a maximum estimated cost of $250,000, there are hereby authorized to be issued $250,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said class of objects or purposes is by the issuance of the $250,000 serial bonds of said Town authorized to be issued therefore pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Wappinger Sewer Improvement Area #5 which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Town of Wappinger Page 16 Printed 6/15/2006 Town Board Meeting Minutes June 12, 2006 Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matter related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town shall determine. Section 8. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Town. Such notes shall be of such terms, form and contents as may be prescribed by said Town consistent with the provisions of the Local Finance Law. Section 9. The Supervisor is hereby further authorized, at his or her sole discretion, to execute an application, a project financing and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class of objects or purposes described in Section 1 hereof, or a portion thereof, by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board. Section 11. The validity of such bonds and bond anticipation notes may be contested only if 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution which takes effect immediately shall be published in full in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Town of Wappinger Page 17 Printed 611512006 Town Board Meeting Minutes June 12, 2006 The foregoing was put to a vote which resulted as follows: Vottkicord-iiP oiutioh aUb-159, Yes/A e No/Na� Abstain 1 Absent Yes/Aye Joseph Ruggiero Voter 0 ❑ ❑ ❑ Adopted ® Ado p Robert Valdati Seconder ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter li?I ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter a _ ❑ ❑ _o IZ Maureen McCarthyInitiator ❑ m ❑ ❑ ❑ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. V. New Business/Comments 1. Councilwoman McCarthy new business Councilwoman McCarthy had received responses from the letter that was sent out regarding speed limits along the Spook Hill Road area. All of the phone calls were from residents in the Bell -Air neighborhood. Supervisor Ruggiero asked if she had the schedule from Sgt. Watterson. Graham Foster replied that he had the new schedule and that it didn't include Bell -Air. Mr. Foster is looking at a new piece of equipment that states the speed of the vehicle as well as a traffic count. He said that this equipment was very helpful when used on Old Troy Road. Supervisor Ruggiero asked Mr. Foster to get a proposal for the Board. 2. Councilman Paoloni new business Councilman Paoloni had a resident call to ask if someone would come remove wood from her house. Mr. Foster explained that the Highway Department does not take wood and the letter stated that. The department takes wooden furniture but not regular wood. Mr. Foster recommended that the resident bring it to the recycle center. Councilman Paoloni pointed out that the resident could not as she was an older woman. Discussion followed. 3. Councilman Bettina new business Councilman Bettina wanted to thank Supervisor Ruggiero, Town Attorney Al Roberts, and the Town Engineer Jay. Paggi. He stated that they all had a good meeting with Mayor Miccio about the pipeline and the water issue in Chelsea. He also said that he would like to meet up with Sgt. Watterson about vandalism in Chelsea Ridge and traffic on Chelsea Road, Supervisor Ruggiero pointed out that he would have meeting with Sgt. Watterson on Thursday at 4:OOPM. Councilman Bettina replied that he would like a call to confirm. 4. Valdati new business Councilman Valdati received a letter from Jay Paggi that was sent to Frederick Clark Engineers and John Collins Engineers regarding Montclair Townhouses. He would like to know if there was any progress made. Since the State would not install a light at the 9D/Alpine Drive intersection, is there a possibility to create the special light district. Town Attorney Al Roberts replied that he has not begun the research yet. Councilman Valdati also recommended that the Town determine whether the Montclair management and residents would be in support of the special lighting district solution. Mr. Paggi recommended that the Town get the proposal for the warrants first. He went on to point out that a traffic signal at Alpine Drive would be different than a traffic signal at most other intersections. 5. Graham Foster Mr. Foster asked if the Town got a response from State about taking out passing zones. Supervisor Ruggiero replied that State said that they would take out the passing zone but do nothing else. Councilman Valdati asked if the Town could ask Dennison's office when that action would commence. Supervisor Ruggiero replied that he has been in contact with Supervisor Pagones and they talked about setting up a discussion to take place among the Mayors and Supervisors Association. Supervisor Ruggiero then recommended that the Town also seek to contact Rich Peters. VI. Executive Session 1. Motion to go into executive session Vote Record -'Motion to ' o into executive session Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter m ❑ ❑ ❑ ® Adopted Robert Valdati Voter _ . __ 0 ❑ ❑ - - ❑ ❑ Defeated Vincent Bettina Initiator id ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter IZ ❑ ❑ ❑ Maureen McCarthySeconder ® ❑ ❑ ❑ Town of Wappinger Page 18 Printed 6/15/2006 Town Board Meeting Minutes June 12, 2006 A. Rich Drive Drainage - Mr Goudi B. Joint Assessor - Al Roberts C. Cservak - Marco Caviglia 6. Motion to come out of executive session ✓ Vote Record =Motion to°cont alit of etii ® Adopted Yes/Aye No/Nay Abstain YejA-ye No/Nay Abstain Absent ® Ado tedJoseph Ruggiero Voter �: 1 ® ❑ �❑ ❑ ❑ - —❑ — ❑ Defeated Robert Valdati Voter ® – ❑ Withdrawn Vincent Bettina _ Initiator _ — BI ❑ ❑ ❑ Joseph Paoloni Voter ® ❑ ❑ ❑ Maureen McCarthySeconder ® ❑ ❑ ❑ VII. Resolutions RESOLUTION: 2006-153 Resolution Authorizing Litigation against Cservak Construction Company, Joseph Cservak and Michael Cservak WHEREAS, on information and belief, the owner(s) of property on or near 148 Old Hopewell Road, owned by the members of the Cservak family, and are blatantly engaged in a trucking operation with storage and repair facilities on that property in the Town of Wappinger, New York, and continue to engage in practices found to be illegal by the Zoning Administrator under the applicable Town of Wappinger Code; and WHEREAS, these practices detrimentally affect the health, safety and welfare of the citizens of the Town of Wappinger; and WHEREAS, past efforts to have Joseph and Michael Cservak cease and desist from such practices have not been successful, and equitable relief from a Superior Court is needed in order to obtain such relief; 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. Town Supervisor, Joseph Ruggiero, Special Counsel to the Town, Marco Caviglia, Esq., and Zoning Administrator Tatiana Lukianoff, are hereby authorized to take all legal action necessary to commence litigation proceedings against Joseph and Michael Cservak and parties necessary for the cessation of the illegal practices being conducted at the aforesaid location or its immediate vicinity. The foregoing was put to a vote which resulted as follows: ✓vote Record - Resotutton 2006-1:�3 ® Adopted Yes/Aye No/Nay Abstain ; Absent 13 Adopted as Amended Joseph Ruggiero Robert Valdati Voter Initiator ® ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ® ❑ ❑ m ❑ ❑ Tabled – - , -- ❑ Withdrawn Jos h Paoloni Voter ® ❑ ❑ ❑ Maureen McCarthySeconder ® ❑ ❑ ❑ Dated: Wappingers Falls, New York June 12t , 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 19 Printed 6/15/2006 Town Board Meeting Minutes June 12, 2006 VIII. Adjournment 1. Motion to adjourn The Meeting Adjourned at 10:22 PM. John C. Masterson Town Clerk Town of Wappinger Page 20 Printed 6/15/2006 Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter ® 13 ❑ 0 Adopted Robert Valdati Voter 0 ❑ ❑ ❑ 13 Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Maureen McCarthySeconder 0 ❑ ❑ ❑ The Meeting Adjourned at 10:22 PM. John C. Masterson Town Clerk Town of Wappinger Page 20 Printed 6/15/2006