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2006-07-05 RGMTown of Wappinger Town Board Meeting July 5, 2006 7:30 PM Amended Agenda 7:30 PM Meeting called to order on July 5, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order B. Suspension of Rules II. Minutes Approval 1. Monday, June 12, 2006 III. Public Hearing A. Fence Law IV. Discussions A. United Soccer B. Recycle Center ID — Chris Masterson C. Security for Town Parks — Joe Ennesser D. Carnwath Porch Repairs — Don Schwartz E. Carnwath Master Plan — Fraser Associates V. Resolutions 2006-161. Resolution Introducing Local Law No. of 2006 Amending the Town of Wappinger Code Regarding Recreation Fees and Escrow Accounts — Tabled 6/26/2006 7:30 PM 2006-169. Authorizing Purchase Order for Repairs and Replacement of Water Softeners at Carnwath Farms 2006-170. Resolution Appointing Acting Assessor 2006-171. RESOLUTION ADOPTING LOCAL LAW No. OF 2006 AMENDING THE TOWN OF WAPPINGER ZONING LAW REGARDING FENCES 2006-172. A Resolution Authorizing, Subject to Permissive Referendum, the Issuance of $240,000 Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Purchase of Equipment for Construction and Maintenance Purposes In and for Said Town. 2006-173. A Resolution Authorizing, Subject to Permissive Referendum, the Construction and Reconstruction of Curbs Throughout and In and for the Town of Wappinger, Dutchess County, New York, At a Maximum Estimated Cost of $500,000, and Authorizing the Issuance of $500,000 Bonds of Said Town to Pay the Cost Thereof. 2006-174. A Resolution Authorizing the Reconstruction of Roads Throughout and In and for the Town of Wappinger, Dutchess County, New York, At a Maximum Estimated Cost of $402,000 and Authorizing, Subject to Permissive Referendum, the Issuance of $402,000 Bonds of Said Town to Pay the Cost Thereof. H. Unanimous Consent 2006-175. Building Department Resolution 2006-176. Resolution Authorizing Budget Amendments VI. New Business and Comments VII. Executive Session A. Manny Saris -Tax Certiorari Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting ^ Minutes — Chris Masterson (845) 297-5771 Wednesday, July 5th, 2006 7:30 PM Town Hall I. Call to Order Supervisor Ruggiero called the meeting to order at 7:33 PM Attendee Name ':tnization Title.._. Status Arrived Joseph Ruggiero Town of Wappinger _.... _. Supervisor Present Robert Valdati Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Absent Maureen McCarthy Town of Wapiner Councilwoman Absent _ _----___—__ Joseph Paoloni Town of Wappinger _ _ __.___ ---_ _ .. Councilman ----- .._..�.._. _ . _ Present Councilman Valdati asked that the record show that Councilman Bettina was not able to attend this Board Meeting due to a health emergency concerning his father. Supervisor Ruggiero asked that the record show that Councilwoman McCarthy was unable to attend this Board Meeting because she was working at the hospital. II. Suspension of Rules 3. Motion to suspend the rules for public comment on the agenda items ✓ Vote Record- Motion to suspend the rules for ublk comiment op -the a endalte s _' Yes/Aye No/Nay Abstain Absent Abstain Joseph Ruggiero Voter 0 ❑ ❑ ❑ ® Adopted Robert Valdati Initiator ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarter Voter ❑ ❑ ❑ Iz Maureen McCarthy Joseph Paoloni Seconder ® ❑ ❑ ❑ There were no comments from the public on the agenda items. 4. Motion to reinstate the rules ✓ Vote Record',- Motionto reinstate the rules ` lace them on file Yes/Aye No/Nay Yes/Aye No/Nay 1 Abstain Absent Voter El Joseph R�ero Voter ® ❑ ❑ ❑ 0 Adopted _ m._ Robert Valdati Initiator m ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Seconder 0 ❑ ❑ ❑ III. Minutes Approval 1. Monday, June 12t11, 2006 ✓ Vote Record , Motion to accept the minutes ofJune`12 200G an ` lace them on file Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter El ❑ ❑ ❑ ® Adopted RobertValdati Seconder lz ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ 11m ❑ Withdrawn Maureen McCarthyVoter ❑ ❑ ❑ -Jo-se- Paoloni Initiator 0 ❑ ❑ ❑ IV. Public Hearing PUBLIC HEARING TO AMEND TOWN OF WAPPINGER ZONING LAW REGARDING FENCES Supervisor Ruggiero opened the Public Hearing and the Town Clerk, Chris Masterson, offered the affidavit of publication for the record. Supervisor Ruggiero then explained the reason for the Public Hearing. The Local Law under consideration would amend the Zoning Ordinance which permits the height of fences to be six feet. The change would permit fences up to twelve feet. Supervisor Ruggiero then asked for comments from the public. Town of Wappinger Page 1 Printed 7/12/2006 Regular Meeting Minutes July 5, 2006 The first resident to speak was Concetta Olivieri, of 207 Old Hopewell Road. She asked for further clarification on why the Board was considering the Local Law. Supervisor Ruggiero clarified and asked if there were further questions. There were none. Councilman Valdati moved to close the Public Hearing and Councilman Paoloni seconded. The motion passed unanimously and the Public Hearing closed at 7:38 PM. IBJ V Town of Wappinger Page 2 Printed 7/12/2006 Pouglikeeps,te Oui 11a Poughkeepsie, N.Y. AFFIDNIT OF PUBLICNION RECEIVED JUN'17 7CC-3 State of New York County of Dutchess TOWN CLERKS. City of Poughkeepsie 0290 (Rita Lombardi , of iiie 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 duly published in the said newspaper for--weeps succe sively, in each week, commencing on the 22nd. day of June .. 2006 and on the following dates thereafter, namely on: And ending on the day of 2006 , both days inclusive. Subscribed an worn to before me this-2-3 day of , 2006 Notary My commission expires_ LESLIE SHERADEN Notary Public, State of New York No 01SH5018755 01,181ified in Dutchesunty © Conirmbsion Expires --rocr SOUTHEP,N QUTCHES5 NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPlNGERS FALLS, NY 12590 ��������it-- <---> -F �" L> T I- c.- -�= -t - 1L C-0 " To: WAPPINGERS FALL8, TOWN P.O.. BOX 324 WAPPIN(-'iERS FALLS, NY 1259O Re: Legal notice 073730 5tate of NEW YORK } � / Ss: County of DUTCHES5 } I, TINA HEATH, being duly sworn, depVoe say" that I am the ASSO(-:TATE PUBLISHER ' 5outhern Dutcheo� N�w�, a weekly n*wapa[ g�n�r�l oir�ul�tion publi�h�d in WAPPIN( FALL -S, County of DUTCHESS, State, of NEW and t-iet a no�i��, of which the. annexed print, d c�::opy, was duly puhlishe,d in Sou' Dutohess Neus (-.)ice on 06/28/06. Sworn io before, me this 28th day of June, 2006 ALBER,T M 05TEN Notary Publir, State of NEW Y L No' 14-18240.7600 uualified in DUTCHESS Count My oommimmlon expires: on June 15. -- - — -'--------- ---------'--- � Regular Meeting Minutes July 5, 2006 V. Discussions A. United Soccer Jim Purdy, representing United Soccer, was on hand to give a presentation to the Board concerning the condition of the fields at Airport Drive. When the program began, it served 250 kids using only the fields at Rockingham. For the last five years, the program averaged about 1200-1300 kids and now also uses the fields on Airport Drive. Mr. Purdy stated that the Airport Drive fields were constructed in a hurry and as a flatland with no grade. The fields are situated along Airport Drive so that the water runs off onto the playing area. Several weeks of fall and spring seasons were lost due to unplayable fields caused by flooding. Rockingham Park was under four feet of water twice in the past 18 months. He went on to say that, with as many kids as the program has, the fields are in use all of the time. He also pointed out that the concession stand, fencing, equipment, nets, and other expenses were paid for by the program. My. Purdy then turned the discussion toward the turf field project. The Soccer Program has been putting money away to help finance the project. The Soccer Programs board voted to provide 10% of the project cost and would appreciate anything that the Town Board could do to help. Supervisor Ruggiero closed the discussion at 7:47 PM. B. Recycle Center ID Supervisor Ruggiero began the discussion by giving a recap of the history behind the Recycle Center. The main issue concerning the recycle center is that residents of other towns are attempting to gain access to the center. Prior to 2002, the Town gave annual permits for the Town of Wappinger resident's cars. Every year, the permit would expire and need to be renewed. Since then, the program has grown to about 4000 permits. Due to problems that have arisen, a new process and method of monitoring the program is needed. Town Clerk Chris Masterson then gave a presentation concerning the proposed changes to the program. The Town Clerk explained that the main problems with the center include: the effectiveness of using stickers, the household trash tickets, the use of trailers and U -Haul trucks, and the way that residents are identified. To solve all of the problems, the Town could use an Identification Card system to issue permits and monitor usage. The ID cards would be created at the Town Clerk's Office and would include: a photo ID, name, address, date of birth, a barcode, and all of the license plates that the resident has registered to his name. The resident would use that ID to gain access to the Recycle Center. A Town Highway employee would scan the ID using a handheld scanner. The system would also allow for reports to be printed, abuse to be monitored, and . expirations to be flagged. Councilman Paoloni asked whether more than one person in a family would share a card. The Town Clerk explained that each resident would have his/her own card. That would allow future plans of a universal card that would allow access to all Town programs. Councilman Valdati asked what would happen if a resident only had a small vehicle and needed to borrow a larger vehicle to bring items to the recycle center. The Town Clerk explained that he and Supervisor Ruggiero had talked about offering one -day passes to accommodate those types of situations. Councilman Paoloni recommended setting the program to produce flag, or "kick - out", reports to help identify those that abuse the program. There were no other comments or questions. Supervisor Ruggiero closed the discussion at 8:03 PM. C. Security for Town Parks -Joe Ennesser Supervisor Ruggiero began the discussion by pointing out that there has been an increase in vandalism at parks throughout the Town and Southern Dutchess area. Two bathrooms at Town of Wappinger parks have recently been destroyed. The Town is now looking into a camera system that would monitor certain Town properties and alert the Sheriff's Office at the dispatch center. The dispatch would then send a patrol to the affected site. Joe Ennesser elaborated on the plan and introduced John Anderson of ADT. Mr. Anderson began his part of the presentation and provided the Board with a packet of information. The packet included a diagram of the grounds at Carnwath and where the security system would be implemented. It also included the quote and estimate worksheet for the project. Mr. Anderson then explained how the system would work and how it would be monitored. Councilman Valdati asked about ongoing fees that would be billed to the town. Mr. Anderson explained that the annual fee would be just over $1400. Supervisor Ruggiero then asked Sgt. Watterson to explain how the Sheriff s Office would use the system. Sgt. Watterson replied that the cameras would come on when motion was detected. The dispatch would be alerted and then would make a radio call to have a patrol react. This would be beneficial to the patrolman in that he/she would not be responding blindly Town of Wappinger Page 3 Printed 7/12/2006 Regular Meeting Minutes July 5, 2006 to the activity. Supervisor Ruggiero commented that the Town has interviewed approximately five firms to address this project and ADT was the only one that could provide all aspects that the Town proposed. Councilman Valdati asked how long the contract would be for. Mr. Anderson replied that it would be a two year agreement. Supervisor Ruggiero asked if there were any further questions. There were none. Supervisor Ruggiero then closed the discussion at 8:22 PM. D. Carnwath Porch Repairs - Don Schwartz Don Swartz was present to give the Town Board an update on the status of the repairs at Carnwath. Since the last meeting, Mr. Swartz has contacted Stacey Matson-Zuvic of OPRHP and walked her through the Town's intentions concerning the Camwath project. At that time, Mrs. Matson-Zuvic seemed to be in agreement. After the meeting, Mrs. Matson-Zuvic sent a letter to the contrary, saying that the State directs the Town to look into the study further. Mr. Swartz recommended that the Town decide how it wants to proceed from this point. If the Town accepts the grant money, it may face the same sort of problems throughout the entire renovation of Camwath. Supervisor Ruggiero commented that he has reached out to Assemblyman Miller about this matter. He explained to the Assemblyman that the State is contradicting its own safety rules by setting such preservation requirements. The Assemblyman has agreed to meet with Supervisor Ruggiero. Discussion followed. The Board discussed what grant money would be in jeopardy if the Town did not follow the State's direction. Attorney to the Town, Al Roberts, explained that the State would have the right to review all renovations once the Town accepted this grant money. If the State disagreed with any repairs made to the mansion, all monies received and future grants could be at risk. Supervisor Ruggiero summed up and stated that he would contact Assemblyman Miller and Senator Saland for assistance. With no further comments or questions, Supervisor Ruggiero closed the discussion at 8:39 PM. VI. Resolutions RESOLUTION: 2006-161 Resolution Introducing Local Law No. of 2006 Amending the Town of Wappinger Code Regarding Recreation Fees and Escrow Accounts WHEREAS, the Town Board of the Town of Wappinger has determined that Chapter 122, Fees and Fines; Chapter 217, Subdivision of Land; and Chapter 240, Zoning of the Town of Wappinger Code should be amended so as: to be consistent with the New York State enabling legislation (the Town Law) with respect to recreation fees; and to clarify and improve the Town Code provisions regarding escrow accounts for development projects (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 of 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 adortion of the annexed proposed Local Law No. of 2006 for 7:30 PM on the 28 day of August, 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 Town of Wappinger Page 4 Printed 7/12/2006 Regular Meeting Minutes July 5, 2006 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: ✓ Vote Record - Resolution 2006-161 Yes/Aye No/Na_y Abstain Absent ® Adopted Joseph Ruggiero Voter ® ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder — ® ❑ _ �_. ❑ _ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ m ❑ Withdrawn Joseph Paoloni Initiator 0 1 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 05t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-169 Resolution Authorizing Purchase Order for Repairs and Replacement of Water Softeners at Carnwath Farms WHEREAS, Joseph Ennesser, a member of the recreation commission, has requested in a letter dated June 28th, 2006, which is attached hereto, for two water softeners to be repaired, and one water softener to be replaced at the Carnwath Farms, and WHEREAS, Joseph Ennesser received an estimate for repairs and replacement of water softeners at Carnwath Farms from All-Star Water Softener Co. who is the sole source provider: Description Price Repair of 2 main units (2" Piping) $5295.00 16" x 65" 1 -Single Unit to be replaced (boiler room) $1395.00 8" x 44" replace with 10" x 44" NOW, THEREFORE, BE IT RESOLVED, The Town of Wappinger Town Board hereby approves a purchase order in the amount of Six Thousand Six Hundred Ninety Dollars and 00/100 ($6,690.00) to All-Star Water Softener Co. for repair and replacement of water softeners at Camwath Farms. The foregoing was put to a vote which resulted as follows: ✓ Vete Record -Resolution 2006-169 Yes/Aye NotNay , Abstain Absent 0 Adopted Joseph Ruggiero Voter ® ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder ® c ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ m ❑ Tabled Maureen McCarthy Voter ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator ® ❑ ❑ ❑ Dated: Wappingers Falls, New York July 05t , 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 5 Printed 7/12/2006 Regular Meeting Minutes July 5, 2006 RESOLUTION: 2006-170 Resolution Appointing Acting Assessor WHEREAS, the Town of Wappinger does not have a duly acting and appointed Assessor since the previous Assessor was removed from office; and WHEREAS, Loretta Brunello was previously appointed Deputy Assessor for the Town of Wappinger; and WHEREAS, the Office of Assessor is vacant; and WHEREAS, pursuant to Section 314 of the Real Property Tax Law, the Town Board may appoint an "Acting Assessor" who shall assume the duties and functions of the Assessor until such time as a replacement Assessor is appointed. 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. Loretta Brunello, previously appointed "Deputy Assessor" is hereby appointed Acting Assessor pursuant to the authority set forth in Section 314 of the Real Property Tax Law and the said Loretta Brunello shall function as the Assessor of the Town of Wappinger for all purposes until such time as a replacement Assessor is appointed. 3. The Town Clerk is hereby directed to send a certified copy of this Resolution to the State Board of Real Property Services in Albany, New York, said notice to be sent within Fifteen (15) days hereof. . 4. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record-rResolution 2006-170 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ 11 Adopted as Amended Robert Valdati Initiator 0 _ ❑ ❑ _ . ❑ 11 Defeated Vincent 13ettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 05t , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-171 RESOLUTION ADOPTING LOCAL LAW No. 5 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 240-21.B(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 Proposed Action represents neither an overall strengthening nor loosening of the existing regulations with regard to fences; and WHEREAS, the Proposed Action will not result in any significant adverse environmental impacts; 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. WHEREAS, a duly advertised public hearing was held on July 5th, 2006 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby Town of Wappinger Page 6 Printed 7/12/2006 F� Regular Meeting Minutes July 5, 2006 adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant adverse environmental impacts. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 5 of 2006; 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. The foregoing was put to a vote which resulted as follows: ✓ Vot Record'-Res6l itl6n 2006 171 Yes/Aye No/Nay Abstain Absent 0 Adopted Ruggiero Joseph Ru Voter ® ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: WappinPers Falls, New York July 05' , 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-172 A Resolution Authorizing, Subject to Permissive Referendum, the Issuance of $240,000 Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Purchase of Equipment for Construction and Maintenance Purposes in and for Said Town BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of 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 the purchase of equipment for construction and maintenance purposes in and for the Town of Wappinger, Dutchess County, New York, each item of which exceeds $30,000, including incidental equipment and expenses in connection therewith, there are hereby authorized, subject to permissive referendum, to be issued $240,000 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 the aforesaid maximum estimated cost is by the issuance of the $240,000 of bonds of the Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be Town of Wappinger Page 7 Printed 7/12/2006 Regular Meeting Minutes July 5, 2006 determined by the Supervisor. 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 Supervisor shall determine. Section 7. 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 8. 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 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓`Vote Record - Resolution 2006-172 ❑ Adopted _ Yes/Aye __. ,. No/Nay Abstain Absent ____ _ ❑ Adopted as Amended Joseph Ru giero Voter ® ❑ ❑ ❑ ❑ Defeated Robert Valdati Seconder D ❑ ❑ ❑ El Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Next: Jul 8'", 2006 9:00 AM Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 05t , 2006 The Resolution is hereby duly tabled. RESOLUTION: 2006-173 A Resolution Authorizing, Subject to Permissive Referendum, the Construction and Reconstruction of Curbs Throughout and in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $500,000, and Authorizing the Issuance of $500,000 Bonds of Said Town to Pay the Cost Thereof. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act as a Type II Action, have been performed; and WHEREAS, it is now desired to authorize such capital project and its financing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The construction and reconstruction of various street curbs throughout and in and for the Town of Wappinger, Dutchess County, New York, including incidental equipment, improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $500,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $500,000 bonds of said Town, hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 24 of paragraph (a) of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the 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 for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year unless paid from other revenues. There shall annually be levied on all the Town of Wappinger Page 8 Printed 7/12/2006 11 T Regular Meeting Minutes July 5, 2006 taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 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 bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. 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 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes maybe 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 8. 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 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution 2006-173 ❑ Adopted _ _ Yes/Aye _ . No/Nay 1 Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Defeated Robert Valdati Seconder 0 ❑ i ❑ ❑ 0 Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn _ Maureen McCarthy Voter ❑❑ ❑ 0 Next: TBD Joseph Paoloni Initiator 0 ❑ ❑ _ ❑ Dated: Wappingers Falls, New York July 05t , 2006 The Resolution is hereby duly declared tabled. RESOLUTION: 2006-174 A Resolution Authorizing the Reconstruction of Roads throughout and in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $402,000 and Authorizing, Subject to Permissive Referendum, the Issuance of $402,000 Bonds of Said Town to Pay the Cost Thereof. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The construction of roads throughout and in and for the Town of Wappinger, Dutchess County, New York, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as and other incidental improvements Town of Wappinger Page 9 Printed 7/12/2006 Regular Meeting Minutes July 5, 2006 and expenses in connection therewith, is hereby authorized, at a maximum estimated cost of $402,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $402,000 bonds of said Town, hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law; PROVIDED, HOWEVER, that to the extent that any Federal or State grants-in-aid are received for such class of objects or purposes, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the 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 for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 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 bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. 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 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. 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 8. 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 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution,2006.174 ❑ Adopted _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Defeated Robert Valdati Seconder 0 ❑ ❑ ❑ 0 Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Next: Jul S", 2006 9:00 AM Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 05th, 2006 The Resolution is hereby duly tabled. Town of Wappinger Page 10 Printed 7/12/2006 Regular Meeting Minutes July 5, 2006 H. Unanimous Consent 1. Motion to add resolution 2006-176 to the agenda by unanimous consent ✓ VoteRicard;- Motion to add nimpus coaWnt FROM: A960 Appropriations $141,043.00 Yes/Aye i No/Nay Abstain Absent Joseph Ruggiero Voter ® ❑ ❑ ❑ ® Adopted Robert Valdati Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ IZ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ $43.00 Al 110.400 Joseph Paoloni Initiator IZ ❑ ❑ ❑ RESOLUTION: 2006-176 Resolution Authorizing Budget Amendments WHEREAS, the Comptroller to the Town of Wappinger, Jean Gallucci, has recommended certain budget transfers hereby amending the Town budget as set forth in a letter dated July 5, 2006 from Jean Gallucci, GENERAL TOWN WIDE (A) FUND To record authorized transfers between appropriations TO: FROM: A960 Appropriations $141,043.00 A960 Appropriations $141,043.00 Supervisors -Budget Al 110.199 Justice Court -Comp Time $221.00 A1220.400 Officer $3,000.00 Al 110.200 Justice Court -Equipment $1,145.00 A1315.100 Comptroller $10,202.00 Justice Court -Equip - A1110.201 printer $825.00 A1330.102 Tax Clerk P/T $43.00 Al 110.400 Justice -SEI $248.00 A1355.100 Assessor $30,000.00 A1110.402 Justice -West $167.00 A1355.401 Assessor -Lease Copier $3,600.00 A1220.101 Supervisor -Secretary $5,091.00 A1410.102 Deputy Town Clerk #2 $2,569.00 A1220.199 Supervisor-Comp.Time $4,000.00 A3510.406 Dog Cntct.-Vet Service $1,962.00 Supervisor- Trans Hwy- Equip - A1220.401 Miscellaneous $298.00 A5010.200 Supplies $694.00 A1315.104 Clerk -PT $5,000.00 A5132.400 Garage/ C.E-oil $10,000.00 A1315.199 Comptroller-Comp.Time $3,000.00 A7020.103 Admin. Assist. $22,254.00 Comptroller -Office Parks -Maintenance A1315.402 Supplies $600.00 A7110.100 Director $28,796.00 Tax Collection - A1330.199 Comp.Time $43.00 A7110.105 Parks -Seasonal #3 $2,951.00 A1355.400 Assessor -Seminars $335.00 A7110.107 Parks -Maintenance #3 $8,827.00 A1410.200 Town Clerk/Equipment $790.00 A7620.415 Senior -Bus Trips $6,000.00 A1410.400 Town Clerk - Mileage $1,779.00 A8160.400 Refuse & Garbage $10,000.00 A1430.400 Personnel -Contractual $11,872.00 A9045.800 Life Insurance $145.00 A1620.430 Repair Town Autos $11.00 $141,043.00 A1620.450 Miscellaneous $16,253.00 A1620.452 Water Testing Camo $5,773.00 A1620.460 Heating Oil $15,000.00 A1940.400 Purchase Of Land $170.00 A1990.500 Educational $8,957.00 A3510.100 Dog Warden $1,819.00 Dog Cntct-Van A3510.401 Maintenance $143.00 A5010.400 Trans Hwy/C.E. $694.00 Community Action A6989.400 Program $108.00 A7020.199 Recreation-Comp.Time $817.00 A7110.101 Parks -Maintenance #1 $4,952.00 A7110.104 Parks -Maintenance #2 $8,827.00 A7110.106 Parks -Maintenance #4-8 $22,932.00 A7110.199 Parks-Comp.Time $2,184.00 A7110.403 Parks -Reese Park $6.00 A7110.429 Maintenance $429.00 A7140.103 Playground -Gymnastics $186.00 A7140.104 Playground -Aerobics $550.00 A7140.105 Playground -Basketball $450.00 A7620.101 Senior Citizens Assistant $5,200.00 A7620.106 Sr Citizens Line Dancing $23.00 Recycle/ Personnel A8162.100 Service $10,000.00 A9050.800 Unemployment Insurance $145.00 $141,043.00 AMBULANCE FUND (AM) TO: FROM: AM960 Appropriations $ 30.00 AM960 Appropriations $ 30.00 Ambulance/Off. AM 1420.400 Attorney $ 30.00 AM4540.410 Supplies $ 30.00 GENERAL FUND (B) PART TOWN Town of Wappinger Page 11 Printed 7/12/2006 Regular Meeting Minutes July 5, 2006 TO: $ 500.00 FROM: A2705 Gifts and Donations $ WC960 Appropriations B960 Appropriations $ 1,843.00 B960 Appropriations $ 1,843.00 $ 500.00 DB510 Estimated Revenues Water 1,925.00 Fire Prev.- Cell WC9040.800 Workers Compensation $ 242.00 B1420.401 Attorney/ Wet Lands $ 1,598.00 B3410.400 Phone/Radio Pager $ 245.00 Fire Inspector Vehicle $1,925.00 TO: Building $1,925.00 FROM: $ B3410.402 Repairs $ 150.00 B3620.400 Dept./Contractual $ 1.598.00 $ Fire Prev.-NYSBOC Water Administration/ B3410.404 Dues $ 50.00 W178310.400 C.E $ 1,843.00 B3410.405 Fire Prev.-ICOB Dues $ 45.00 $ 1,843.00 HIGHWAY FUND (DB) TO: FROM: DB960 Appropriations $ 1,695.00 DB960 Appropriations $ 1,695.00 DB1420.400 Attorney $ 1,695.00 D139010.800 State Retirement $ 1,695.00 CENTRAL WAPPINGER WATER (WC TO: $ 500.00 FROM: A2705 Gifts and Donations $ WC960 Appropriations $ 242.00 WC960 Appropriations $ 242.00 A7110.424 Maintenance-Schlathaus $ 500.00 DB510 Estimated Revenues Water 1,925.00 WC9040.800 Workers Compensation $ 242.00 WC8310.400 Administration/C.E $ 242.00 FLEETWOOD WATER (WF) Appropriations $1,925.00 TO: $1,925.00 FROM: $ 5,713.00 WF960 Appropriations $ 80.00 WF960 Appropriations $ 80.00 Water Administration/ WF1440.400 Engineer $ 80.00 W178310.400 C.E $ 80.00 OAKWOOD WATER (WO) TO: FROM: W0960 Appropriations $ 270.00 W0960 Appropriations $ 270.00 Water Administration/ J, W08320.400 Source of Supplies $ 270.00 W08310.400 C.E $ 270.00 TALL TREES WATER (WT) TO: FROM: WT960 Appropriations $ 34.00 WT960 Appropriations $ 34.00 Water Administration/ Transmission & WT8310.400 C.E $ 34.00 WT8340.400 Distribution $ 34.00 To record an increase of the adopted 2006 budget due to unanticipated revenues A510 Estimated Revenues $ 500.00 A2705 Gifts and Donations $ 500.00 A960 Appropriations $ 500.00 A7110.424 Maintenance-Schlathaus $ 500.00 DB510 Estimated Revenues $ 1,925.00 DB2691 Other Compensation for Loss $ 1,925.00 DB960 Appropriations $1,925.00 DB5110.400 General Repairs/C.E. $1,925.00 W0510 Estimated Revenues $ 5,713.00 W02690 Other Compensation for Loss $ 5,713.00 W0960 Appropriations $5,713.00 WO8320.400 Source of Supply $5,713.00 NOW, THEREFORE, BE IT RESOLVED, as follows: 2 The recitations above set forth are incorporated this Resolution as if fully set forth and adopted herein. The Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2006: Town of Wappinger Page 12 Printed 7/12/2006 Regular Meeting Minutes July 5, 2006 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution 2006-176 go into executive session at 0:12 PM Yes/Aye 1 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Voter _ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 05t , 2006 The Resolution is hereby duly declared adopted. VII. Discussions A. Carnwath Master Plan -Fraser Associates Ted Kolankowski of Fraser Associates was on hand to give a presentation on the Carnwath Master Plan. Mr. Kolankowski began by giving a brief history of the project starting with the acquisition of the Greystone Estate back in 1999. Fraser Associates was brought in to see what possibilities there were for the use of the property. Using marketing and public opinion, the firm developed some conceptual ideas and put them together in the Carnwath Master Plan. Mr. Kolankowski discussed the history, landscape, and current condition of the Carnwath Property. He went into more detail on the different possible uses such as a bed and breakfast, amphitheatre, toboggan run, cross country ski area, and so on. The Carnwath Master Plan projects profits to begin in the year 2017. Supervisor Ruggiero thanked Mr. Kolankowski and the citizens committee for all of the work that they have done so far. Councilman Valdati asked for an update of the costs. Mr. Kolankowski replied that he could provide that. With no further questions or comments, Supervisor Ruggiero closed the discussion at 9:12 PM. VIII. Executive Session 0 tj Manny Saris — Tax Certiorari Motion to go into executive session at 9:12 PM ✓ Vote Record - Motion to go into executive session at 0:12 PM Yes/Aye 1 No/Nay Yes/Aye No/Nay Abstain Absent Voter 0 Joseph Ruggiero Voter 0 ❑ ❑ ❑ 0 Adopted ❑ Robert Valdati Initiator 0 ❑ ❑ ❑ 0 Defeated ❑ Vincent Bettina Voter ❑ ❑ E ❑ 0 ❑ Withdrawn 0 Maureen McCarth y Voter _ ❑ ❑ O -0 ❑ Joseph Paoloni Seconder 0 ❑ Motion to come out of executive session at 9:15 PM ✓ Vote Record'- Motion to come " -out of executi*e session at 9:15 PM Yes/Aye 1 No/Nay Abstain Absent Joseph Ruggiero Voter 0 ❑ ❑ ❑ 0 Adopted Robert Valdati Seconder0 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 11 Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Jos h Paoloni Initiator 0 ❑ ❑ ❑ IX. Adjournment Motion to adjourn at 9:16 PM ,/Vote Record:- Motion to adjourn 006 PM Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter 0 ❑ ❑ 11 0 Adopted Robert Valdati Initiator 0 ❑ j ❑ El ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ The Meeting Adjourned at 9:16 PM. John C. Masterson Town Clerk Town ofWappinger Page 13 Printed 7/12/2006