The URL can be used to link to this page

2006-08-28 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS. NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting August 28, 2006 7:30 PM —Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI 7:30 PM Meeting called to order on August 28, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call. to Order II. Minutes Approval 1. Monday, June 26, 2006 2. Wednesday, July 05, 2006 3. Saturday, July 08, 2006 III. Acceptance of Correspondence Log 2006-178. Resolution Authorizing Placement of Correspondence on File IV. Public Hearings 1. Local Law No. of 2006 Amending the Town of Wappinger Zoning Law Regarding the Removal of Section 240-70.I and the Correction of Section 240-67.G 2. Local Law No. of 2006 Amending the Town of Wappinger Code Regarding Recreation Fees and Escrow Accounts V. Discussions A. Better Site Design - Joe Stankavage and Barbara Kendall B. Blasting Local Law - Al Roberts and George Kolb C. Uniform Code Local Law - Al Roberts and George Kolb D. Background Checks Local Law - Al Roberts E. Recreation Purchase of Bucket Truck - Joe Ennesser VI. Resolutions 2006-179 Resolution Adopting Local Law No of 2006 Amending the Town of Wappinger Code Regarding Recreation Fees and Escrow Accounts. 2006-180 Resolution Adopting Local Law No of 2006 Amending the Town of Wappinger Zoning Law Regarding the Removal of Section 240-70.I and the Correction of Section 240-67.G. 2006-181 Resolution Introducing Local Law No of the Year 2006, Regulating Blasting and the Use of Explosives and Combustibles In Blasting Operations 2006-182 Resolution Introducing Local Law No of the Year 2006, Creating Chapter 85 of the Town Code, Uniform and Energy Codes; Repealing Chapter 24 of the Town Code and Amending Section 122 20 (B) of the Town of Wappinger Code. 2006-183 Resolution Calling Public Hearing on the Use of Community Development Block Grant Funds 2006-184 Resolution Accepting First Reduction In the Security Posted with the Performance Agreement for the Tuscany Subdivision 2006-185 Resolution Accepting a Maintenance Agreement Secured by an Irrevocable Letter of Credit, Roads, Easements, Utilities and Other Improvements In Connection with the Keenan Acres Subdivision 2006-186 Resolution Accepting a Performance Agreement Secured by Surety Bond for the Shamrock Hills Subdivision 2006-187 Resolution Authorizing Bid for Wappinger Sewer Improvement Area No 5 - Cedar Hill Pump Station Replacement 2006-188 Resolution Awarding Contracts for Highway Department Equipment 2006-189 Resolution Authorizing Purchase Order for 1987 GMC Bucket Truck 2006-190 Resolution Authorizing Purchase Order for Recreation to Repair Holt Field Dugout at Robinson Lane 2006-191 Resolution Authorizing Refund of Application Fee for 29 Middlebush Road 2006-192 Resolution Authorizing Refund of Unused Escrow Funds For 38 Whites Corners Lane 2006-193 Resolution Authorizing Refund of Unused Escrow Funds For 180 Widmer Road 2006-194 Resolution Implementing National Incident Management System 2006-195 Resolution Authorizing a Memorandum of Understanding between the Town of Wappinger and the Dutchess County Soil and Water Conservation District 2006-196 Resolution Authorizing Town Highway Superintendent to Participate In the County Highway Snow and Ice Control Program 2006-197 Resolution Adopting Certificate of Adjusted Base Proportions for the 2006 Assessment Roll From the New York State Office of Real Property Services 2006-198 Resolution Authorizing the Agreement with Sean McKenna and John Murphy for the Installation of a Fence along the McKenna Parcel Boundary 2006-199 Resolution to Authorize the Naming of Bailey's Run 2006-200 Resolution Correcting Resolution 2006-109 Adopted March 27, 2006 2006-201 Resolution Authorizing Budget Amendments VII. Executive Session A. Francese Insurance Issue B. Personnel Matters VIII. Adjournment !TJ Town of Wappinger Town Board Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 Chris Masterson (845)297-5771 Monday, August 28th, 2006 7:30 PM Town Hall I. Call to Order Attendee Name Orgnizahon Title Status ;Arrived Joseph Riero Town of W �appmSupervisor ,Present Robert Valdati Town of W__EL _ a mer __ _ Councilman m_ Present _.. Vincent Bettina Town Councilman Present Maureen McCarthy Town of Wappinger Councilwoman i Present Joseph Paoloni Town of Wappinger Councilman Present II. Public Hearings 1. Resolution Introducing Local Law No. of 2006 Amending the Town of Wappinger Zoning Law Regarding the Removal of Section 240-70.I and the Correction of Section 240- 67.G COMMENTS - Current Meeting: Supervisor Ruggiero opened the Public Hearing at 7:38 PM. Town Clerk Chris Masterson offered, for the record, the Affidavits of Posting and Publication, duly signed and notarized. (These Affidavits are attached hereto and made part of the Minutes of the Meeting). Al Roberts explained that about 10 years ago, the Town adopted a number of Zoning amendments. Inclusive of that was a change that permitted the sale of small motor vehicles to be treated as retail sales rather than as automotive sales. Automotive sales require a minimum of two or three acres, depending on the nature of the operation. When the amendment went through, the Town had to amend provisions of the special use conditions. In the process, the Town amended section 240-70.I, which had nothing to do with motor vehicle sales. It applied only to motor vehicle repair establishments. In searching all of the Town records, Mr. Roberts could find no reason that that change should have been implemented. On behalf of Jay Paggi, Chris Holme and the staff at Frederick P. Clark, the Town Code Enforcement Officers, and the rest of Mr. Roberts staff, Mr. Roberts recommended that section 240-70.I should be deleted from the Town Code. Supervisor Ruggiero asked if there were any comments from the public. There were none. At that time, Councilwoman McCarthy moved to close the Public Hearing. Councilman Valdati seconded the motion. After a unanimous vote, the Public Hearing was closed at 7:50 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Robert Valdati, Councilman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati Town of Wappinger Page I Printed 9/5/2006 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW REMOVING SECTION 240-70.I AND CORRECTING SECTION 240-67.G OF THE TOWN ZONING LAW STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 9th, 2006, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law to remove Section 240-70.I and correct Section 240-67.G of the Town Zoning Law, on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me the 39-4 day of ,2006 — a'- (' A6L�:' hn C. M sterson Town Clerk Town of Wappinger MARIA GILBRIDE Notary Pl,blic, State of New Yorky k. Reg. No. OIG15087374 Qualified in DutchPss County, Commission Expires Nov. 3, SOUTHERN DUTCHESS NElJ7 BEACON FREE PRESS 84 EAST MAIN STREET LJAF'F'TNGERF, FALLS, NY 1.= 5c)C) A -F -F z cAav i t Cco-F Pub 1 a.. cat i c n Sworn to before me this 9th day of AuyUEA2006A. 71 ALBERT M O`>TEN a Notary Public, State of NEW YORK g No. 14-8240760 V Qualified .in DLJTCHESS County My commission expires on lune 15, 2007 a I. Significance pursuant 3LIC fo'SEQRA""at the con- clusRon of the Public dF, HearJn�,to 66 held on IM ;(�§adoption of the pro- ` th;irak, arnanHmanfc NY.CR"R (cor»rnonly w knon=as �'SEQRI PLEASE`.TAKE YFUF- THER NQTICE thattte TownOBoard. has re- serued;its right to make its Determination of inspeet'r`on at of the Town' weekdays 0 A to 4:00 4y 10th, 2006 gears Fall's C . DER OF THE BOARD OF' IE TOWN OF NGERCHRIS 4ASTERSON. ` Towm-Clerk ToLJAPPINGERS FALLS, MM P .O . BOX :3:24 LJAPPINGERS FALLS, NY 12590 Re Lege -Al notice, #74290 • State of NELJ YORK SS C.oUr-it.y` of Ft_JTCHESS } I, TTNA HEATH, being duly sworn, depose .and say: that. I am the PUBLISHER of Southern DUt.chess Naws, a weekly newspaper of general. circulation puhlished in WAPPINCERS FALLS, County of DUTCHESS , St,ate of NELJ YC -)RK; and that a notice, of which the annexed is a pi-int.ed copy, was duly published in Southern C Dt..1t.c:i gess News once. on 08/09./06. e Sworn to before me this 9th day of AuyUEA2006A. 71 ALBERT M O`>TEN a Notary Public, State of NEW YORK g No. 14-8240760 V Qualified .in DLJTCHESS County My commission expires on lune 15, 2007 a I. Significance pursuant 3LIC fo'SEQRA""at the con- clusRon of the Public dF, HearJn�,to 66 held on IM ;(�§adoption of the pro- ` th;irak, arnanHmanfc NY.CR"R (cor»rnonly w knon=as �'SEQRI PLEASE`.TAKE YFUF- THER NQTICE thattte TownOBoard. has re- serued;its right to make its Determination of inspeet'r`on at of the Town' weekdays 0 A to 4:00 4y 10th, 2006 gears Fall's C . DER OF THE BOARD OF' IE TOWN OF NGERCHRIS 4ASTERSON. ` Towm-Clerk Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION 0290 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 duly published in the said newspaper forone F6kt ssively, in each week, commencing on the Ath day of 2006 and thereafter, namely on: And ending on the on the following dates 2006 , bot ays inclusive. day of Subscribed an worn to before me t is_�-7�� day of �/� 20 Public MAUREEN GIESLU'y commission expires NOTARY DUBLIC STATE OF NEW YORK NO. 01G15096485 QUALIFIED IN DUTCHESS COUNTY COMMISSION EXPIRES OCTOBER 14, 200 Town Board Meeting Minutes August 28, 2006 2. Resolution Introducing Local Law No. of 2006 Amending the Town of Wappinger Code Regarding Recreation Fees and Escrow Accounts COMMENTS - Current Meeting: Supervisor Ruggiero opened the Public Hearing at 7:50 PM. Town Clerk Chris Masterson. offered for the record the Affidavits of Posting and Publication, duly signed and notarized. (These Affidavits are attached hereto and made part of the Minutes of the Meeting). Al Roberts explained that this Local Law was initially prompted by the fact that the Town Code did not provide for recreation fees whenever a non -subdivision residential facility, such as a condominium or apartment complex, came to town. Essentially, this Local Law will treat apartment and condominium complexes the same as subdivisions. It will require a recreation fee of Five Thousand Dollars per unit mandated for 1-9 dwelling unit projects. For 10 and over dwelling unit projects, findings must be made whether the Planning Board will require land in lieu of the fee. If the Planning Board does not require the land, the fee will be Five Thousand Dollars per dwelling unit. The Local Law also updates some of the Town's fees with respect to site plans, post application construction, and escrow accounts. For instance, post application construction review is based on square footage. For Zero to Three Thousand square feet, the escrow amount is Three Thousand Seven Hundred and Fifty Dollars ($3750.00). The escrow fee schedule graduates up to projects that are greater than Fifty Thousand square feet with a minimum amount of Twenty -Six Thousand Two Hundred and Fifty Dollars ($26,250.00). For escrow funds on a subdivision review fee, zero to two lots starts out at Three Thousand Seven Hundred and Fifty Dollars ($3750). This amount graduates up to Fifty -Two Thousand Five Hundred Dollars ($52,500) for applications containing Thirty -Five or more lots. Councilman Bettina asked for clarification of which fees were being changed. Mr. Roberts explained that the Town is increasing the fees for the smaller projects. The larger projects are not increasing. Even on the smaller applications, there was still a minimum amount of money that was expended on the review of the application by the professional staff. The changes will get the actual fee more closely correlated to the amount of escrow that is posted. Chris Holme went on to explain that this would also separate pre -approval and post -approval escrow accounts. Separate accounts for each step of the process should improve the process itself. It also updates the language regarding escrow fees to be more consistent with the language used by New York State. Supervisor Ruggiero asked to clarify the fact that the escrow fees for the number of lots were not being increased. Mr. Holme and Mr. Kolb confirmed that they were not being increased. Those are the numbers that have been in the Law since 2003 and are not being increased. Mr. Kolb pointed out again that the only ones that are going up are the minor applications. Supervisor Ruggiero asked if there were any other questions or comments regarding this Local Law. There were none. Councilman Paoloni moved to close the Public Hearing. Councilwoman McCarthy seconded. The motion passed unanimously and the Public Hearing was closed at 7:46 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati Town of Wappinger Page 3 Printed 9/5/2006 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE AMENDING OF CHAPTER 122, FEES AND FINES; CHAPTER 217, SUBDIVISION OF LAND; AND CHAPTER 240, ZONING OF THE TOWN OF WAPPINGER CODE REGARDING RECREATION FEES AND ESCROW ACCOUNTS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 9th, 2006, your deponent posted a copy of the attached Notice of Public Hearing on the amending of Chapter 122, fees and fines; Chapter 217, subdivision of land; and Chapter 240, zoning of the Town of Wappinger Code regarding fees and escrow accounts, on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me the 3a day of , 2006 y 0-0-0 ohn C. asterson Town Clerk Town of Wappinger MARIA GILBRIDE� f: Notary Prblic, State of New York Reg. No. OIG15087374 Qualified in DutchPss Con Commission Expires Nov. 3, Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION 0290 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 duly published in the said newspaper one ins rtion for wee s successively, in each week, commencing on the 9th• day of Aug. 2006 and on the following dates thereafter, namely on: And ending on the day of 2006, both, ays inclusive. Subscribed and sw to befor e this 'z day of 200 otary Pgbtic 6UREMtffR99ssion expires NOTARY PUBLIC, STATE OF NEW YORK N0.01 C15096485 QUALIFIED IN DUTCHESS COUNTY COMMISSION EXPIRES OCTOBER 14, 200 �' SOUTHEPN DUTC.HESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAF'Fw'T.N ERS FAt...l._S, NY 1.25q, (D A -F -F z ci al v a t �► f P �u is t i c a. t .i o an NOTICE OF PUBLIC To: WAPPINGERS FAt_L..S, TOWN HEARING AMENG3mENT& P BOX :324 "TH&OWNC6CE. WAr='P'TNtipFRS FAI LS NY 12590 � resnhn»ir��a> ronin tion M bad, York par J Citi- n op earl rad. ,chapter ng of the Town Iger Code re Recreation t escrow Ad- TAKE FUR &ICE that` tion is an Un tion pursuant 8 of the Envi al Conserva 0 Part'617 (aominonly s,°SEQRA"). TAKE FUR NICE that the . AST €a 401 st { F! Re L.ega.l not.. ce #74291 NO Glvi tate of NEW YORK } Wa'` } SS County of C:UTCHESS } Ontl I, TINA HEATH, being du1y st,,,orn, d.epose a) (J fat t say: t. -hat. I am the PUBLISHER of Sot.tt. her n Mid' Dutchess News, a vae4=.kly riewspaper of general. F a{ c:irct-ilat.ion pt_thlished in WAPPINGERS; FALLS, tie§i Cotanty of DUTC:HESS, Stat.t of NEW YORK; and .a'etii that. a not i.ce, of LAjh.ich the annexed is; a p%rt1 pr i nt,ecl copy, Was ciu1Y pukal. is-hed i n Sot.it.her n a��c Dt..j.t.c:hess News once on 08/09/06. Boa Ma Pe, el ter, L `_ worn to before me this 9th day, of Ailgi.lst., 2006 24Q ,40,; of V1} garb i'eet ALBERT h1 OSTEN Notary Public, State of ND&I YORK. No. 14--81-11!40760 THE QUalifi.ed .in OLITCEiESS C:ounta <Towr tjv, commi s.i.on Pxpires on t.tne 1.5, 2007 l t' ronin tion M bad, York par J Citi- n op earl rad. ,chapter ng of the Town Iger Code re Recreation t escrow Ad- TAKE FUR &ICE that` tion is an Un tion pursuant 8 of the Envi al Conserva 0 Part'617 (aominonly s,°SEQRA"). TAKE FUR NICE that the . AST €a 401 st { F! Town Board Meeting Minutes August 28, 2006 III. Minutes Approval 1. Monday, June 26, 2006 2. Wednesday, July 05, 2006 3. Saturday, July 08, 2006 Vote Record -Motion to•acce t the`minutesforfJune 2 .iu1 5 and Jul e and laco,them on file Yes/Ave Yes/Ave NoiN" Abstain Absent Q Adopted _ Joseph Ruggiero _ Voter Q ❑ ❑ i ❑ ❑ Adopted as Amended p Robert Valdati Seconder 0 ❑ _ 1 ❑ _ O. ❑ Defeated Vincent Bettina _ Voter _ Q� ❑ ❑ - -- ❑ Tabled Maureen McCarthy Initiator Q 0_ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter Q ❑ ❑ ❑ IV. Acceptance of Correspondence Log RESOLUTION: 2006-178 Resolution Authorizing Placement of Correspondence on File NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2006-1178 Yes/Ave N ay, Abstain Absent Q Adopted Jose h Ru iero Voter ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati _�' Initiator Q ❑ ❑ ❑ ❑ Defeated Vincent Bettina -� Voter �v ❑ ❑ ❑ ❑ Tabled Maureen McCarthy .._. Secon der Q ❑ ❑ t ❑ ❑ Withdrawn Joseph Paoloni Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. V. Discussions A. Better Site Design - Joe Stankavage and Barbara Kendall Supervisor Ruggiero opened the discussion at 7:47 PM and gave a brief introduction. The Town of Wappinger, along with the Town of Clinton, received a grant to have the Town's Subdivision and Site Plan Laws reviewed. Joe Stankavage and Barbara Kendall were present to give a presentation summarizing the project. Barbara Kendall, from the NYSDEC Hudson River Estuary Program, began by explaining the purpose of her project. One of the main goals of her program is to protect and restore streams and watersheds. Under those goals, she works with towns, such as the Town of Wappinger, to develop and deliver training and assistance on low impact development and better site design. Mrs. Kendall then continued her presentation and provided a slide show for the audience and Town Board. At the conclusion of her presentation, Mrs. Kendall recommended that the Town Board read the "Recommended Model Development Principles" booklet. Supervisor Ruggiero asked if there were any questions from the Town Board. There were none. The Supervisor then closed the discussion at 7:57 PM. B. Blasting Local Law - Al Roberts and George Kolb Supervisor Ruggiero opened the discussion at 7:57 PM and gave a brief introduction. Al Roberts then discussed the Local Law in more detail. The Town's Blasting Ordinance was first adopted in 1968. It was administered through the office of the Town Clerk, which had no experience or expertise in how to properly monitor blasting operations. During a staff meeting many months ago, it was decided that blasting operations would best be administered by the Fire Inspector, under the supervision of the Director of Code Enforcement. The Town Attorney's office was charged with the responsibility of drafting a blasting code consistent with the contemporary standards. They compared the various blasting codes with those of surrounding municipalities in Dutchess County, as well as with municipalities in Westchester and Putnam Counties. Mr. Roberts thanked the Director of Code Enforcement George Kolb, the Fire Inspector Mark Town of Wappinger Page 5 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 Liebermann, and the Town Engineer Jay Paggi for their help in preparation for this Local Law. The Law requires that a permit be obtained from the Fire Inspector. An applicant must demonstrate the he has a current New York State Blasting License, a minimum insurance coverage of Five Million Dollars for each occurrence, with a minimum of One Million Dollars coverage for property and One Million Dollars coverage for injury to person. The owner must also provide authorization to blast on his property and proof that the necessary building permits have been issued. This Local Law also outlines the requirements for a pre -blast survey. A site plan drawn to scale must show all buildings within 500 feet radius of the proposed blast site. Mr. Kolb was asked to comment. He proceeded to read a prepared statement summarizing the changes, and the importance of these changes, being implemented by the Local Law. Councilman Valdati asked for clarification regarding the required insurance thresholds. Mr. Roberts clarified. Highway Superintendent, Graham Foster, asked Jay Paggi how many blasting occurrences there were in the Wappinger Park line construction. Mr. Paggi replied that there approximately 50 occurrences. Discussion followed. In regards to the pre -blast survey, Mr. Roberts pointed out that the applicant needs to attempt to contact the affected homeowners three times. After those three attempts, the burden of proof to show that damage was caused by the blast would be on the homeowner. Supervisor Ruggiero asked if there were any further questions or comments. There were none. The Supervisor then closed the discussion at 8:10 PM. C. Uniform Code Local Law - Al Roberts and George Kolb Supervisor Ruggiero opened the discussion at 8:10 PM. Al Roberts began by explaining that the Local Law being introduced combines and re -drafts the Town's original ordinances for administering and enforcing the State Building Code which was adopted in 1960. It had been amended a few times in the 1960's and 1970's, but in large measure remained intact. That ordinance was not included in the Town codification purposely, at the suggestion of Fire Inspector Mark Liebermann, who had pointed out that there were a number of inconsistencies and deficiencies from what the Town had adopted. This Local Law also incorporates portions of the Town Code entitled "Fire Prevention Bureau" which was originally created on May 9th, 1983. Mr. Roberts points out that with this Local Law, the Town would have a more sophisticated Code and it still preserves the important provisions of the Fire Prevention Bureau and the Fire Inspector. The preparation for this Local Law included a team effort by Al Roberts, Mark Liebermann, George Kolb, Tatiana Lukianoff, Jay Paggi. What the Town knows as the State Building Code is now known as the Uniform Code. It is a series of compilations of small books such as: The Building Code, The Fire Code, The Residential Code, The Property Maintenance Code, The Mechanical Code, The Plumbing Code, and the Fuel Gas Code. This Local Law would also incorporate any future amendments to the Code as adopted by the State. It would continue the duties of the Fire Prevention Bureau and the Fire Inspector. The Enforcement Officers are identified as the Director of Code Enforcement, the Code Enforcement Officer, the Zoning Administrator, and the Fire Inspector. Some of the most important components of this Law are specifically identifying the requirements for a Building Permit and the issuance of a C.O. after the building is completed. It gives standards for the issuance of Stop Work Orders and establishes the minimum record keeping requirements for the staff. George Kolb then discussed how these changes would improve the Town's ability to enforce its own laws. Discussion followed. Supervisor Ruggiero asked if there were any further questions or comments. There were none. The Supervisor then closed the discussion at 8:19 PM. D. Background Checks Local Law - Al Roberts Supervisor Ruggiero opened the meeting, at 8:19 PM, with a brief introduction. Earlier in the year, the public was made aware of instances where local governments conducted background checks. In light of recent local events, the Town of Wappinger decided to look into the matter. Supervisor Ruggiero asked Mr. Roberts to comment. Mr. Roberts explained that the Town received a memo from Dutchess County recommending that the Town implement the practice of conducting background checks. He then turned over the discussion to Jim Horan. Mr. Horan has been in contact with the attorney for the County that handled the creation of their background check policy. The County did not pass a Local Law because it has more powers to regulate its employees, specifically the civil service employees. It created its background check procedure by executive action at the behest of the County Executive. The Towns, on the other hand, must pass a Local Law in order to implement background checks. The biggest limitation for the Towns is Civil Service Law. Because of the provisions of the Executive Law and the Civil Service Law, the Towns are not authorized to do background checks on civil service employees. Those checks would be done by the Dutchess County Department of Personnel when the civil service lists are compiled. Additionally, Mr. Horan pointed out that this Local Law would not apply to elected and appointed officials. The background checks would only apply to non - appointed, non -elected, and non -civil service employees. To begin conducting background Town of Wappinger Page 6 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 checks, the Town would have to enter into an agreement with the New York State Division of Criminal Justice Services. That agency is responsible for conducting the actual background checks. Someone in the Town would be tasked with the fingerprinting and sending those fingerprint cards up to Albany. The Town Board could then review the case in the event that there was a criminal history. Mr. Horan then stated that it was be appropriate for the Town to obtain a DMV drivers abstract for individuals responsible for Town vehicles. It would also be appropriate to check a veterans discharge status. Mr. Horan summed up his presentation and open discussion followed. Supervisor Ruggiero closed the discussion at 8:36 PM. E. Recreation Purchase of Bucket Truck - Joe Ennesser Supervisor Ruggiero opened the discussion at 8:36 PM. Joe Ennesser of the Recreation Commission was asked to begin his presentation. A letter was submitted indicating that the Recreation Department has been hiring contractors with bucket trucks to conduct maintenance work such as the trimming of trees at Carnwath and the upkeep of street lights. Over the past few weeks the department has spent close to $2600 for repairs at Robinson Lane. Supervisor Ruggiero added that $1100 was recently spent to have the branches over the tennis courts trimmed at Pye Lane. Mr. Ennesser pointed out that the same type of project was just done at Reese Park for $1250. Altogether, the Town spend $13,000 over the past year for trimming around power lines at Carnwath. Some of that work could have been done by Town employees. The Recreation Department is asking that the Town purchase its own bucket truck. The truck that Mr. Ennesser has found has a 36 foot boom and that boom is certified through May of 2006. Further certifications would be done by a firm by the name of Hughes in Connecticut. Personnel that would be using the truck would also be certified by that firm. Councilman Paoloni stated that he thought it was a great idea. He also asked if anyone has checked the book value, what the usable life of this truck would be, and what a new truck would cost. Mr. Ennesser replied that he has not checked the book value or looked into the cost of a new vehicle. He also said that he would guess a new vehicle would cost at least $100,000. Bob Sheridan, Town of Wappinger Maintenance Supervisor, stated that the cost would be closer to the $130,000 to $160,000 range. Supervisor Ruggiero stated that Mr. Sheridan used to maintain this type of vehicle when he worked for Con Edison. Councilman Paoloni commented that the Town should get at least 4 or 5 years out of the truck. Mr. Sheridan said that it could last another 20 years. Supervisor Ruggiero asked what type of commercial drivers license would be needed to operate this truck. Mr. Sheridan and Mr. Ennesser replied that employees within the Recreation and Maintenance staff already have the necessary license. Having no further questions or comments, Supervisor Ruggiero closed the discussion at 8:41 PM. VI. Resolutions RESOLUTION: 2006-179 RESOLUTION ADOPTING LOCAL LAW No. 6 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 Proposed Action represents neither a strengthening nor loosening of any of the environmental regulations of the Town but deal with strictly financial and procedural matters instead; 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 August 28th, 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 Town of Wappinger Page 7 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby 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. 6 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: V Vote Record 40soliiion RES 400&179 0 Adopted YWAye i No/Nay Abstain Absent Joseph Ruggiero Voter ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder ® ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter 0 ❑ ❑❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ _ Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-180 RESOLUTION ADOPTING LOCAL LAW No. 7 OF 2006 AMENDING THE TOWN OF WAPPINGER ZONING LAW REGARDING THE REMOVAL OF SECTION 240-70.I AND THE CORRECTION OF SECTION 240-67.G WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-70.I of the Town of Wappinger Zoning Law should be removed in order to correct the error made in adopting this section (the "Proposed Action"); and WHEREAS, the Town Board believes the subject section was adopted in error because: 1. Section 240-67 of the Zoning Law pertains to motor vehicle sales establishments; 2. Section 240-70 pertains to repair garages; 3. The text of Section 240-70.I pertains to small motor vehicle sales (not repair garages) and is therefore misplaced in Section 240-70; and 4. The text of Section 240-70.I is repeated verbatim in Section 240-67.G, where it should be located; and WHEREAS, the Town Board has also determined that there is a need to correct Section 240-67.G with respect to an erroneous reference to Section 240-70; 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 August 28th, 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 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. 7 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. Town of Wappinger Page 8 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES=200t�-180 Yes/Aye No/Nay Abstain Absent Q Adopted Jose Ruggiero Voter Q ❑ ❑ ❑ ❑ ❑ Adopted as Amended Defeated Robert Valdati Seconder Q mm ❑ ❑ ❑ Vincent Bettina Voter Q ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator Q __ .._... ❑ ❑ ❑ Joseph Paoloni Voter i Q ❑ ❑_. O Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-181 Resolution Introducing Local Law No. of the Year 2006, Regulating Blasting and the Use of Explosives and Combustibles In Blasting Operations WHEREAS, the Town Board finds that the regulation of blasting operations and the use and storage of explosives within the Town of Wappinger is necessary to protect the public from personal and property damage since such blasting operations have been, and continue to be, a source of potential danger to persons and property within the Town and are of a highly volatile nature; and WHEREAS, it has come to the attention of the Town Board that the existing provisions of Chapter 80 of the Town of Wappinger Code entitled `Blasting" are outdated as practices in the blasting industry have changed greatly since 1968 when Chapter 80 was first adopted and the requirements of the federal government and New York State have changed as well; the Town Board has determined that it is in the best interest of the people of the Town to update the provisions of the Code pertaining to Blasting; and WHEREAS, Labor Law § 464-a. authorizes the Town to create additional requirements for Blasting; and WHEREAS, the Town Board finds a permitting process for specific blasting operations will allow the Town, through the Fire Inspector and the Code Enforcement Officer, to monitor blasting operations for the protection of the public; and WHEREAS, the Town Board finds that it is necessary to codify the requirements for a permit and to clearly and specifically set forth in detail the procedures that a blaster must adhere to while conducting blasting operations within the Town of Wappinger; and WHEREAS, the Town Board finds that mandatory liability insurance requirements must be put in place to assure the public that damages sustained from blasting can be redressed and provisions for minimum effective charges, barricades, watchmen, containment of the blast and notice to nearby homeowners will protect the public from careless blasting procedures; and WHEREAS, the Town Board has determined that it is further necessary to amend Chapter 122 of the Town of Wappinger Code to reflect a new fee schedule and a new fine schedule related to Blasting; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No._ of 2006 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of 2006 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 28th day of August 2006, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. Town of Wappinger Page 9 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 The foregoing was put to a vote which resulted as follows: ✓ �?btC Reeord W Resolati6n RES�200+6-1&i ® Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter E1 1313 ❑ ❑ Adopted as Amended Robert Valdati ._ Initiator 0 13 13 13 11 Defeated Vincent Bettina Seconder 013 1311 13 Tabled Withdrawn MaureenMcCarthy Voter ® ❑ ❑ ❑ Jose h Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28t11, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-182 Resolution Introducing Local Law No. of the Year 2006, Creating Chapter 85 of the Town Code, Uniform and Energy Codes, Repealing Chapter 24 of the Town Code and Amending Section 122 20 (B) of the Town of Wappinger Code. WHEREAS, it has come to the attention of the Town Board that the New York State Legislature has recently modified the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as "Uniform Code") and New York State Energy Conservation Construction Code (hereinafter referred to as "Energy Code"); and WHEREAS, the Town Board has determined that the current Town ordinance and Local Law for administering and enforcing the Uniform Code and Energy Code were not incorporated into the Town Code; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to adopt a Local Law to reconfirm the authority and responsibility of the Town of Wappinger to administer and enforce the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code as authorized by the Legislature; and WHEREAS, the Town Board has determined that it is further necessary to amend Section 122-20 B of the Town of Wappinger Code to reflect an updated fine schedule associated with the adoption of the Uniform and Energy Codes; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No._ of 2006 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type 11 action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of 2006 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 25th day of September 2006, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. Town of Wappinger Page 10 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES-200&iS Yes/Aye No/Nay E Abstain Absent Q Adopted Joseph Ruggiero Voter 0 ❑ ❑ - �� ❑ Adopted as Amended Robert Valdati Voter _ ❑ ❑ —❑ 17 ❑ ❑ ❑ Defeated Tabled Vincent Bettina Initiator D ❑ ❑_ Voter Maureen McCarthy Seconder ® ❑ ❑ ❑_ ___, ❑ Withdrawn Joseph Paoloni Voter m ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-183 Resolution Calling Public Hearing on the Use of Community Development Block Grant Funds WHEREAS, the Dutchess County Department of Planning and Development is soliciting applications for the 2007 Community Development Block Grant Program; and WHEREAS, the Town of Wappinger intends to make application for Community Development Block Grant pursuant to the Dutchess County Department of Planning and Development's Community Development Block Grant Program for calendar year 2007; and WHEREAS, the Town of Wappinger is required to hold a Public Hearing to discuss the Town's intended use of Community Development Block Grant Funds prior to and in furtherance of making application for said funds. 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 schedules a Public Hearing to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 11th day of September, 2006 at 7:30 P.M. at which time all parties in interest and citizens shall have an opportunity to offer comments and suggestions on the Town's intended use of Community Development Block Grant Funds being applied for by the Town of Wappinger for calendar year 2007. 3. The Town Board has determined that pursuant to 6 NYCRR 617.5 (c) (20) the proposed adoption of the aforementioned Resolution is a Type II action not requiring environmental review pursuant to the State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 and, accordingly, no environmental review has been undertaken. 4. John C. Masterson, Town Clerk to the Town of Wappinger, is hereby directed to post and publish the Notice of Public Hearing in the form annexed hereto which said publications are to be made in the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled Public Hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2006-183 Yes/Aye No/Nay Abstain Absent - - Q Adopted - Joseph Ruggiero _ Voter — ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator I❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ Tabled Withdrawn Maureen McCarthyw Seconder L( ❑ ❑ ❑ Jose h Paoloni Voter m ❑ ❑ ❑ Dated: Wappingers Falls, New York . August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-184 Resolution Accepting First Reduction In the Security Posted with the Performance Agreement for the Tuscany Subdivision WHEREAS, Creekview Holdings, Ltd. had made application to the Town of Wappinger Planning Board to approve the subdivision of lands more particularly described in Subdivision Plat entitled "Tuscany Subdivision", prepared by M.A. Day Engineering dated October 14, 2002, Town of Wappinger Page 11 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 and subsequently revised from time to time; and WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision approval by Resolution dated February 7, 2005, subject to and conditioned upon completion of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map and related Contract drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town, and further subject to the requirements set forth in the letter of Paggi, Martin & Del Bene, LLP, Engineer to the Town, dated January 26, 2006, together with the Schedule of Bond Values; and WHEREAS, Town Law §277 requires that the developer of a proposed subdivision guarantee the construction, installation, and dedication of the improvements required by the Resolution of Subdivision Approval, prior to issuance of any building permits; and WHEREAS, Creekview Holdings, Ltd. executed and posted a Performance Agreement Secured by an Irrevocable Letter of Credit (No. 200573) issued by Mahopac National Bank on February 2, 2006 in favor of the Town of Wappinger in the sum of Six Hundred and Eighty -Two Thousand, Two Hundred Dollars ($682,200.00), which Performance Agreement and Letter of Credit was accepted by the Town Board by Resolution 2006-55 at the Town Board meeting held on February 13, 2006; and WHEREAS, Creekview Holdings, Ltd. has completed some of the required improvements; and WHEREAS, by letter dated August 1, 2006, a copy of which is affixed hereto as Exhibit "1", Engineers to the Town, Paggi, Martin & Del Bene, LLP, determined that the construction value of the work remaining to be completed was One Hundred and Seventy Thousand Dollars ($170,000.00), inclusive of administrative costs; and WHEREAS, the Town Board hereby agrees to and authorizes a reduction in the security posted with the Performance Agreement, and hereby agrees to accept an Irrevocable Letter of Credit in the sum of One Hundred and Seventy Thousand Dollars ($170,000.00) as security to guarantee completion of the remaining work. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby agrees to accept an Irrevocable Letter of Credit in the amount of One Hundred and Seventy Thousand Dollars ($170,000.00), as the security posted with the Performance Agreement to insure that the improvements required for the Tuscany Subdivision will be properly completed as required by the Planning Board Resolution of Approval dated February 7, 2005. 3. The Letter of Credit previously posted in the amount of Six Hundred and Eighty - Two Thousand, Two Hundred Dollars ($682,200.00) is hereby authorized to be released by the Town Clerk upon delivery to him of the above referenced Irrevocable Letter of Credit in form acceptable to the Attorney of the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Retard - Resolution. RES -2006-184 H Adopted - YeVAye No/Nay - 11 Abstain _ Absent ❑ Adopted as Amended p Josh Ru sero Robert Valdati Voter , Voter E l j 0� �� ' ❑ ❑ ❑ _ ❑� ❑ ❑ ❑ Defeated Tabled - Vincent Bettina _ r_ - " -' Initiator _ r_ __. _._ ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder m ❑ ' ❑ ❑ Joseph Paoloni Voter CEJ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-185 Resolution Accepting a Maintenance Agreement Secured by an Irrevocable Letter of Credit, Roads, Easements, Utilities and Other Improvements In Connection with the Keenan Acres Subdivision WHEREAS, MIDA Development Corp. has previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision map entitled "Keenan Acres Subdivision" prepared by Civil Technologies & Engineering, P.C. dated June 29, 1999, and subsequently revised from time to time thereafter; and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Town of Wappinger Page 12 Printed 9/512006 Town Board Meeting Minutes August 28, 2006 Subdivision Approval, by Resolution dated August 5, 2003 subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map and related Contract drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town; and WHEREAS, Mid -Hudson Holdings, LLC now owns the property and has completed development of the subdivision, including all of the improvements as required by the Resolution of Final Conditional Subdivision Approval dated August 5, 2003; and WHEREAS, the Town Board has determined it is in the best interests of the residents of the Town of Wappinger; particularly the residents of the Keenan Acres Subdivision, to accept the roads, easements, utilities and other improvements that have been constructed to date; and WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, Mid - Hudson Holdings, LLC is required to guarantee that the quality and workmanship of the improvements accepted by the Town will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, to secure the obligations to guarantee the quality and workmanship of the improvements, Mid -Hudson Holdings, LLC has executed a Maintenance Agreement secured by an Irrevocable Letter of Credit (No.20608291) issued by Rhinebeck Savings Bank in the sum of Two Hundred and Eleven Thousand, Five Hundred and Sixty -Two Dollars ($211,562.00) in favor of the Town of Wappinger; and WHEREAS, as additional security to secure the obligation that the improvements will be free from defects in materials and workmanship, John Goetz, an officer of Mid- Hudson Holdings, LLC, has further agreed to personally guarantee the obligations of Mid- Hudson Holdings, LLC. 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 determines that it is in the best interests of the residents of the Town of Wappinger, particularly the residents of the Keenan Acres Subdivision, to accept the roads, easements, utilities and other related improvements made and constructed in connection with said Subdivision and hereby accepts same upon delivery of the original Maintenance Agreement and Letter of Credit hereinafter mentioned. 3. The Town Supervisor, Joseph Ruggiero, the Engineer to the Town, Joseph E. Paggi, Jr., and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds and easements, and any related bills of sale, recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary for such recording and/or filing. 4. The Maintenance Agreement executed on August 23, 2006, by Mid- Hudson Holdings, LLC. with an address of P.O. Box 636, Town of Fishkill, Dutchess County, New York, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guaranty that the quality and workmanship of the improvements will be free from defect in materials and workmanship for a period of one year from the date of acceptance by the Town as required by the Subdivision Regulations of the Town of Wappinger. 5. The Irrevocable Letter of Credit issued by Rhinebeck Savings Bank, bearing number 20608291 and issued in favor of the Town of Wappinger in the sum of Two Hundred and Eleven Thousand, Five Hundred and Sixty -Two Dollars ($211,562.00) securing the obligations set forth in the Maintenance Agreement, is hereby accepted as security for the Maintenance Agreement. 6. The personal guarantee issued by John Goetz, incorporated into the Maintenance Agreement, in favor of the Town of Wappinger, securing the obligations set forth in the Maintenance Agreement, is hereby accepted as additional security for the Maintenance Agreement. 7. The Town Board hereby acknowledges that the developer, Mid -Hudson Holdings, LLC, has completed all of the work required by the Planning Board's Resolution of Final Conditional Subdivision Approval dated August 5, 2003 and that the Performance Agreement originally executed by Mid -Hudson Holdings, LLC has been fully honored and the Town Board hereby authorizes the Town Clerk to release the Letter of Credit posted as security for the Performance Agreement upon the Town Clerk's receipt of the above referenced Irrevocable Letter of Credit in the form acceptable to the Attorney of the Town. Town of Wappinger Page 13 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 The foregoing was put to a vote which resulted as follows: Wte�e6i-d -1160 0011 RE9400rw1 I5 H Adop ted Yes/Aye No/Nay Abstain Absent Joseph Ru iero Voter i H ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati� Voter - .. - H - ❑ - -1111-1- O O ❑ Defeated ❑ Tabled Vincent Bettina Seconder H ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator H ❑ ❑ ❑ Jose h Paolon_ Voter H ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-186 Resolution Accepting a Performance Agreement Secured by Surety Bond for the Shamrock Hills Subdivision WHEREAS, Shamrock of Dutchess, LLC, has made application to the Town of Wappinger Planning Board to approve the subdivision of land, more particularly described in a Subdivision Plat entitled "Shamrock Hills Subdivision", prepared by Povall Engineering, PLLC, dated September 12, 2003, and subsequently revised from time to time; and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval by Resolution dated November 9, 2005, and amended by Resolution adopted August 7, 2006 subject to and conditioned upon completion of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map and related Contract drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, Rules and Regulations of the Town and further subject to the requirements set forth in the letter of Paggi, Martin & Del Bene, LLP, Engineers to the Town, dated July 12, 2006, which sets forth the amount necessary to be posted to secure the Performance Agreement guaranteeing the improvements required to be completed in connection with the Shamrock Hills Subdivision, which amount is Six Million, Five Hundred and Ninety -Four Thousand ($6,594,000.00); and WHEREAS, Shamrock of Dutchess, LLC intends to convey its rights and interests in said Subdivision to Toll Land VI Limited Partnership; and WHEREAS, Town Law §277 requires that a developer in a subdivision guarantee the construction, installation and dedication of the improvements required by the Resolution of Subdivision Approval, prior to issuance of any Building Permits; and WHEREAS, in connection with the Shamrock Hills Subdivision, Toll Land VI Limited Partnership, by Thomas E. Hausle, a duly authorized officer and/or agent of Toll Land VI Limited Partnership, executed and posted a Performance Agreement secured by a Surety Bond, dated August 23, 2006; and WHEREAS, in connection with the Shamrock Hills Subdivision, the Performance Agreement is secured by Surety Bond (No. 39BSBDT0495), issued by Hartford Fire Insurance Company on August 22, 2006, in favor of the Town of Wappinger in the sum of Six Million, Five Hundred and Ninety -Four Thousand Dollars ($6,594,000.00) posted by Toll Land VI Limited Partnership; and WHEREAS, Toll Land VI Limited Partnership, by Thomas E. Hausle, as officer and/or agent, has tendered to the Town of Wappinger a Performance Agreement dated August 23, 2006, secured by a Surety Bond in the sum of Six Million, Five Hundred and Ninety -Four Thousand Dollars ($6,594,000.00) 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 Performance Agreement executed by Thomas E. Hausle, as duly authorized officer and/or agent of Toll Land VI Limited Partnership, in favor of the Town of Wappinger is hereby accepted as the guarantee of completion of the construction, installation and dedication of the improvements required by the Resolution of Subdivision Approval pursuant to Town Law §277. 3. The Surety Bond bearing No. 39BSBDT0495, issued in favor of the Town of Wappinger dated August 22, 2006 is hereby accepted as security for the original Performance Agreement and both the original Surety Bond and the original Performance Agreement in the amount of Six Million, Five Hundred and Ninety -Four Thousand Dollars ($6,594,000.00), have been placed on file with the Town Clerk. Town of Wappinger Page 14 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES2606.486 Yes/Aye j Yes/Aye No/Nay j Abstain Absent _ 0 Adopted Joseph Ruggiero Voter 0 i ❑ ❑ ❑ _ ❑ Adopted as AmendedRobert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina I itiator 0 c__ ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑_ ❑__ ❑ Withdrawn Joseph Paoloni Voter L ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28t11, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-187 Resolution Authorizing Bid for Wappinger Sewer Improvement Area No. 5 - Cedar Hill Pump Station Replacement WHEREAS, bids were opened on August 23rd, 2006, and reviewed by Chris Masterson, Town Clerk of the Town of Wappinger; and WHEREAS, bid were received as follows: Ben Ciccone, Inc. $167,825.00 Sun Up Enterprises, Inc. $187,464.00 Grant Street Construction, Inc. $274,000.00 WHEREAS Joseph Paggi, of Paggi, Martin and DelBene, has provided an award recommendation to the Town Board NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Contract for Wappinger Sewer Improvement Area No. 5 - Cedar Hill Pump Station Replacement is hereby awarded to Ben Ciccone, Inc. for an amount not to exceed One Hundred Sixty-seven Thousand, Eight Hundred Twenty-five Dollars ($167,825.00) in accordance with the award recommendation letter dated August 23rd, 2006, from Joseph Paggi of Paggi, Martin and DelBene, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said contract on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2006-187 Yes/Aye No/Nay Abstain Y Absent 0 Adopted Joseph RuZ&ro Voter — — 0 ---- --_.._ , ❑ i .._. _ ❑ ❑ _ ❑ Adopted as Amended Robert Valdati Seconder 0 i ❑ ❑ � ❑ Tabled d Vincent Bettina Initiator j 0 ❑ ❑ ❑ ❑ Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. 10. Motion To: Amend resolution 2006-188 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Robert Valdati, Councilman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati RESOLUTION: 2006-188 Resolution Awarding Contracts for Highway Department Equipment WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, has solicited bids for the supply of various Highway Department materials; and WHEREAS, bids were received and reviewed by Town of Wappinger Highway Town of Wappinger Page 15 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 Superintendent, Graham Foster; and WHEREAS, the bids received were as follows: Two Medium Duty Trucks with Plows: Bidder Bid Arkel Motors $165,628 Ruge's GMC $183,854 Healey International $169,766 Two Pick-up Trucks with Utility Bodies: Bidder Bid Gallagher GMC $57,048 Ruge's GMC $50,916 Willow Motors $48,600 One Pick-up Truck with Plow: Bidder Bid Ruge's GMC $30,261 Gallagher GMC $30,188 Willow Motors $30,700 WHEREAS, Town of Wappinger Highway Superintendent, Graham Foster, has provided an award recommendation to the Town Board NOW, THEREFORE, BE IT RESOLVED, that the Contract for supplies are awarded as follows: Item 2 Medium Trucks with Plow 2 Pick-up Trucks with Utility Bodies 1 Pick-up Truck with Plow Bidder Bid Arkel Motors $165,628 Willow Motors $48,600 Gallagher GMC $30,188 The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2006=188 Ef Adopted - Yes/Aye „ No/Nay Abstain Absent Joseph Rupiero Voter H ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter 0 O ❑ ❑ ❑ Defeated_____-- ❑ Tabled Vincent Bettina — Voter - ; _ ❑ .. _ ❑_ ❑ Withdrawn Maureen McCarthy Seconder D ❑ Joseph Paoloni Initiator l3 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-189 Resolution Authorizing Purchase Order for 1987 GMC Bucket Truck WHEREAS, the Recreation Committee has requested to purchase a used 1987 GMC Diesel bucket truck, and WHEREAS, the owner, B&D Construction, has agreed to sell the vehicle to the Town of Wappinger for a cost of Nine Thousand, Five Hundred Dollars ($9,500), and WHEREAS, the Recreation Committee has requested a purchase order in the amount of Nine Thousand, Five Hundred Dollars ($9,500) payable to B&D Construction. 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, Five Hundred Dollars ($9,500) payable to B&D Construction, in accordance with a letter dated August 14th, 2006 from Joseph Ennesser, Recreation Commission Member. Town of Wappinger Page 16 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution—RES-4006-189 Yes/Aye No/Nay Abstain Absent ❑ Adopted Jose h RuMgiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter �0 ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 i ❑ ---j---�-}---�-- ❑ F_.__._❑ _ ❑ - - Voter Tabled Maureen McCarthy Seconder �� ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator bd I ❑ _ ❑ _ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-190 Resolution Authorizing Purchase Order for Recreation to Repair Holt Field Dugout at Robinson Lane WHEREAS, the Recreation Committee has requested a purchase order to repair the Holt Field Dugout at Robinson Lane, and WHEREAS, The Town of Wappinger Recreation Commission has requested bids from Bracadan Construction, Beacon Construction and O'Connell Construction, and WHERAS, Beacon Construction and O'Connell Construction did not provide a quote, and Bracadan Construction returned a quote of Three Thousand, Eight Hundred Eighty-five Dollars ($3,885), and WHEREAS, The Recreation Commission has requested a purchase order in the amount of Three Thousand, Eight Hundred Eighty-five Dollars ($3,885) for Bracadan Construction. 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 Three Thousand, Eight Hundred Eighty-five Dollars ($3,885), payable to Bracadan Construction from Park Land Trust. The foregoing was put to a vote which resulted as follows: ✓Vote Record - Resolution RES -2006-190 Yes/Aye No/Nay Abstain Absent El Joseph Ruggiero Seconder_ E 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator m i ❑ ❑ ❑ DTabled efeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ MaureenMcCart� ❑��❑��❑ [7-- ❑ Withdrawn Joseph Paoloni _Voter�� Voter — D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28t11, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-191 Resolution Authorizing Refund of Application Fee for 29 Middlebush Road WHEREAS, Brian and Irene Moody paid the Town of Wappinger a One Hundred Dollar ($100) application fee in error, and WHEREAS, the Town of Wappinger initially advised Mr. and Mrs. Moody that they needed an electrical permit for work, and they did not, and WHEREAS, Brian and Irene Moody have requested a refund in the amount of One Hundred Dollars and 00/100 ($100.00) 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. Payment is approved in the amount of One Hundred Dollars and 00/100 ($100.00), made payable to Brian and Irene Moody, for application fee. Town of Wappinger Page 17 Printed 91512006 Town Board Meeting Minutes August 28, 2006 The foregoing was put to a vote which resulted as follows: ��*�R� ��ortt�tat� z�s•�nos-t�> 0 Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-192 Resolution Authorizing Refund of Unused Escrow Funds for 38 Whites Corners Lane WHEREAS, on or about December 21St, 2005, O'Donnell's Inc. deposited Seven Thousand Dollars and 00/100 ($7,000.00) with the Town of Wappinger for a Wetlands Escrow for 38 Whites Corners Lane, and WHEREAS, O'Donnell's Inc. has requested a refund in the amount of Seven Thousand Dollars and 00/100 ($7,000.00) as the work is completed 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 Dollars and 00/100 ($7,000.00) made payable to O'Donnell's Inc., CO# 2005-0443, for the refund of the unused escrow deposited for 38 Whites Corner Lane. The foregoing was put to a vote which resulted as follows: Vote Record=Res61016 RE54 006-192 0 Adopted p Yes/Aye No/Nay Yes/Aye No/Nay Abstain Absent Voter 0 Jose h Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati — -- - Voter —— 0 1 ❑ — — - ❑ - O ❑ Defeated Vincent Bettina Seconder t._._. 0 ❑ ❑ _ ❑ ❑ Tabled — Maureen McCarthy _ 0 _ ❑ ❑ Withdrawn Maureen McCaw Initiator ® ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-192 Resolution Authorizing Refund of Unused Escrow Funds for 38 Whites Corners Lane WHEREAS, on or about December 21St, 2005, O'Donnell's Inc. deposited Seven Thousand Dollars and 00/100 ($7,000.00) with the Town of Wappinger for a Wetlands Escrow for 38 Whites Corners Lane, and WHEREAS, O'Donnell's Inc. has requested a refund in the amount of Seven Thousand Dollars and 00/100 ($7,000.00) as the work is completed 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 Dollars and 00/100 ($7,000.00) made payable to O'Donnell's Inc., CO# 2005-0443, for the refund of the unused escrow deposited for 38 Whites Corner Lane. The foregoing was put to a vote which resulted as follows: Vote Record=Res61016 RE54 006-192 0 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ 11 C)❑ Adopted as Amended Robert Valdati Voter 0 [10 ❑ ❑ Defeated ._._, Vincent Bettina Voter0 ❑ i ❑ ❑ ❑ Tabled _— ----- ❑ withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator �— 0 ❑ [ ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-193 Resolution Authorizing Refund of Unused Escrow Funds for 180 Widmer Road WHEREAS, on or about December 21St, 2005, Yasmine Slaughter deposited Five Thousand Dollars and 00/100 ($5,000.00) with the Town of Wappinger for a driveway escrow for 180 Widmer Road, and WHEREAS, Yasmine Slaughter has requested a refund in the amount of Five Thousand Dollars and 00/100 ($5,000.00) as the work is completed 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 Five Thousand Dollars and 00/100 ($5,000.00), made payable to Yasmine Slaughter, CO# 2004-0227, for the refund of the unused escrow deposited for 180 Widmer Road. Town of Wappinger Page 18 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 The foregoing was put to a vote which resulted as follows: ✓ Vote Record, Resolution RWZ006- Yes/Aye No/Nay Abstain Absent 0 ❑ Adopted Adopted as Amended Joseph Ru iero Robert Valdati Voter 0 _ Voter 0 ❑ ❑ ❑ ❑ ❑ _ ," ❑ ❑ Defeated — Vincent Bettina _Voter 0 ❑ ❑ _m_ ❑ ❑ W thdrawn led Maureen McCarthy Seconder — 0 ❑ [1 ❑ 0 ❑ i Joseph Paoloni Initiator 0 ❑ ❑ [ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-194 Resolution Implementing National Incident Management System WHEREAS, in the Homeland Security Presidential Directive, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and effectively prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size of complexity, and WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS, and WHEREAS, it is necessary that all federal, state, local and tribal emergency management agencies and personnel coordinate their efforts, and WHEREAS, to facilitate the most efficient and effective incident management, it is critical that all organizations utilize standardized technology, organizational structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising comprehensive resource management and designated incident facilities during an emergency, and WHEREAS, the NIMS standardized procedures for managing personnel, communities, facilities and resources will improve the state's ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes, and WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state, including all public safety and emergency response organizations training programs, and WHEREAS, the National Commission of Terrorist Attacks recommended adoption of a standardized Incident Command System THEREFORE, Pursuant to the authority vested in the Town of Wappinger Town Board, by the Town of Wappinger and provisions of Town Law, the Town Board hereby mandates the National Incident Management System be utilized for all incident management in the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RE&.2006-194 Yes/Aye No/N Abstain Absent 0 Adopted ----- Joseph Ruggiero - -' - Voter 0 i ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ i ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ( ❑ i ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-195 Resolution Authorizing a Memorandum of Understanding between the Town of Wappinger and the Dutchess County Soil and Water Conservation District WHEREAS, the Town of Wappinger and the Dutchess County Soil and Water Town of Wappinger Page 19 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 Conservation District (hereinafter referred to as the "District") previously entered into a Memorandum of Understanding on August 12th' 1976; and WHEREAS, the Town and the District have determined that the Memorandum of Understanding (hereinafter referred to as "MOU") should be updated to reflect the current standards and technical assistance that the District will be able to provide to the Town; and WHEREAS, the District has forwarded a revised MOU, a copy of which is affixed hereto, marked and designated as Exhibit "1"; and WHEREAS, the Town Board has determined that it is in the best interests of the Town to enter into the MOU with the further understanding that the terms and conditions of the MOU will be incorporated into a formal Agreement between the Town and the District; and WHEREAS, the Town Board determines that entering into the Memorandum of Agreement or the subsequent formal Agreement is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger, and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 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 determines that it is in the best interests of the Town and the residents of the Town of Wappinger for the Town to enter into the MOU in the form attached hereto, marked and designated as Exhibit "1". 3. The Town Supervisor, Joseph Ruggiero, is authorized to execute the MOU by and on behalf of the Town. 4. The Town Attorney is authorized to negotiate and prepare a formal Agreement between the Town and the District, incorporating all the terms and provisions stated in the MOU. 5. The Town Supervisor, Joseph Ruggiero, is authorized to execute the formal Agreement as negotiated and approved by the attorney to the Town. 6. The Town Board determines that entering into the Memorandum of Agreement or the subsequent formal Agreement is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger, and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. The foregoing was put to a vote which resulted as follows: ✓ Vnte Record -Resolution �E.S-2x06=.195 0 Adopted Yes/Aye _0 N0/Nay Abstain Absent __._. _ _ Joseph Ruggiero Voter ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Seconder 0 ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator _ _-_ 0 _ _. ❑ ❑ _ .o ❑ Joseph Paoloni Voter 0 ❑ ❑ Dated: Wappingers Falls, New York August 28tb, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-196 Resolution Authorizing Town Highway Superintendent to Participate In the County Highway Snow and Ice Control Program WHEREAS, the Town Superintendent of Highways has been requested by the County of Dutchess to participate in the regional County Highway Snow and Ice Control Program within the boundaries of the Town, and WHEREAS, and logically, an earlier or sooner response factor can be provided by Town units and personnel within the locale thereby benefiting the overall safety and welfare of town residents and local community interest, and WHEREAS, such participation by the Town in removing snow from designated County Highways, and by sanding and salting or otherwise treating them for the purpose of maintaining highway safety and accessibility for emergency services, is specifically authorized by Article 6, Section 135 of the New York State Highway Law, Town of Wappinger Page 20 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 NOW, THEREFORE, BE IT RESOLVED, that the Town Highway Superintendent be and is herein authorized to perform such work as is found necessary, at hourly rates as agreed upon by the Town and the County for the renting and hiring of such equipment for the Winter season 2006-2007. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES20W196 Yes/Aye i No/Nay Abstain Absent 0 Adopted Joseph Ruggiero _ Voter ❑ ❑ ❑ ❑ ❑ Adopted as Amended _ Robert Valdati Initiator 0 __-�— ❑ ❑ - ❑ ❑ Defeated Vincent Bettina Voter 0 i ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCa_Seconder 0 ' _ 0� ❑ _ _____ ❑ ❑ JosephPaoni Joseph Paoloni Voter �4 _ ❑ _ ❑ _ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-197 Resolution Adopting Certificate of Adjusted Base Proportions for the 2006 Assessment Roll From the New York State Office of Real Property Services WHEREAS, the Town has received a Certificate of Adjusted Base Proportions for the Assessment Roll for calendar year 2006 from the New York State Office of Real Property Services; 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 of Wappinger hereby accepts and adopts the base percentages, current percentages, and current base proportions as set forth in the Certificate of Adjusted Base Proportions for the 2006 Assessment Roll, received from the New York State Office of Real Property Services, a copy of which is attached hereto. 3. Chris Masterson, Town Clerk, is hereby authorized to certify on behalf of the Town the Certificate of Adjusted Base Proportions for the 2006 Assessment Roll. The foregoing was put to a vote which resulted as follows: Vote Record - ResolutiowRES-2006.197 YegAye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ ❑ Adopted as Amended Defeated — Robert Valdati -- - Voter — - 0 _t ❑ ❑ -' i ❑ ❑ Vincent Bettina _ Sonder 0 ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthycarthy Initiator 0 ' ? ❑ ❑ ❑ JosephPaoni ter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 281h, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-198 Resolution Authorizing the Agreement with Sean McKenna and John Murphy for the Installation of a Fence along the McKenna Parcel Boundary WHEREAS, the TOWN owns and operates a well field commonly known as the "Atlas Wellfield"; and WHEREAS, the TOWN has formed the Wappinger Water Improvement 1999-2(R) to develop the Atlas Wellfield and provide potable water to the residents of the Town of Wappinger; and WHEREAS, McKENNA owns a certain parcel of property commonly known as 45 Helen Drive, Wappingers Falls, New York, more particularly described in a certain deed dated January, 2003, recorded in the Dutchess County Clerk's office on March 13, 2003, at document number 02 2003 2543 and which property is more particularly described on Exhibit "1" attached hereto and is hereinafter referred to as the "McKENNA Parcel"; and WHEREAS, the access road to the Atlas Wellfield abuts property owned by McKENNA; and Town of Wappinger Page 21 Printed 9/512006 Town Board Meeting Minutes August 28, 2006 WHEREAS, both McKENNA and the TOWN collectively agree that it is in the best interests of both parties to construct and install a fence parallel to the westerly property line of the McKENNA property as it abuts the entrance to the Atlas Wellfield; and WHEREAS, the parties have agreed to share in the cost of the installation of the fence and otherwise provide for the maintenance thereof as hereinafter set forth. 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 determines that it is in the best interests of the Town and the residents of the Town of Wappinger for the Town to enter into the aforementioned Agreement in the form attached hereto, marked and designated as Exhibit "2". 3. The Town Board of the Town of Wappinger, in its capacity as the governing body of the Town of Wappinger, has reviewed and examined the proposed Agreement between the Town of Wappinger and Sean McKenna and John Murphy, supports and concurs with the provisions contained therein, agrees to enter into said Agreement and further directs Town Supervisor, Joseph Ruggiero, to execute same in substantially the same form as attached hereto. 4. The Town Board determines that entering into the Agreement is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger, and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. The foregoing was put to a vote which resulted as follows: �" vbte Recora �Re§blation atEs=zo0G=1�>� ® Adopted Yes/Aye NIPA41 Abstain Absent ❑ Joseph Romero Voter l3 ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder — Qf ❑ ❑ – - --- ❑ Tabled --- _ �_.___._ ...._ Maureen McCarthy � � Voter _ —, 0 ❑ ❑ ❑ ❑ Withdrawn i Joseph Paoloni Initiator D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-199 Resolution to Authorize the Naming of Bailey's Run WHEREAS, the McElduff Family has converted a barn into a residence, and has been using the address of 7A Cindy Lane, and WHEREAS, Dutchess County 911 has advised that there are no additional numbers available on Cindy Lane for this residence, and has recommended that this receive a private road name, and WHEREAS, the McElduff family has requested the name Bailey's Run, which has been approved by Dutchess County 911. 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 names private road Bailey's Run in accordance with the written request dated July 10th, 2006 from Fire Inspector Mark Liebermann to Hon. Joseph Ruggiero and members of the Town Board. 3. The Town Clerk is hereby directed to notify the Dutchess County Enhanced 9-1-1 program of said road name change. Town of Wappinger Page 22 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 The foregoing was put to a vote which resulted as follows: ✓Vote Record - Resotutioi► RES4006449 I Yes/Aye No/Nay Abstain Absent H Adopted Joseph Ru ierggo Voterj ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator 0 ❑ ❑ ❑ efeate Tabled d Vincent Bettina Voter -- -- ® ❑ r — ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy i Seconder ® _ ❑ 1 ❑ ❑ Joseph Paoloni Voter 0� ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-200 Resolution Correcting Resolution 2006-109 Adopted March 27, 2006 WHEREAS, the Town Board of the Town of Wappinger adopted Resolution 2006-109 on March 27th, 2006 Establishing a Healthcare Coverage Policy for All Retirees and All Full - Time Employees not Represented by a Collective Bargaining Unit, and WHEREAS, there was a typographical error in the Retiree Payment Schedule for Elected Officials, and WHEREAS, Resolution 2006-109 read: Elected Officials who retire from the Town are receiving New York State Retirement or New York State Retirement Disability benefits, and have the Town Retirement service credit years with the town, shall have the option to elect contributory health insurance from the town based on the following schedule: Years of Service Retiree Cost Individual Coverage Dependent Coverage 10 to 14 years 65% 80% 15 to 19 years 50% 65% 20 to 24 years 40% 55% 20 or more years 25% 50% WHEREAS, the Town policy should read: Elected Officials who retire from the Town are receiving New York State Retirement or New York State Retirement Disability benefits, and have the Town Retirement service credit years with the town, shall have the option to elect contributory health insurance from the town based on the following schedule: Years of Service Retiree Cost Individual Coverage Dependent Coverage 10 to 14 years 65% 80% 15 to 19 years 50% 65% 20 to 24 years 40% 55% 25 or more years 25% 50% WHEREAS, there was a typographical error in the Retiree Payment Schedule for employees, and WHEREAS, Resolution 2006-109 read: Employees who retire from the Town are receiving New York State Retirement or New York State Retirement Disability benefits, and have the Town Retirement service credit years with the town, shall have the option to elect contributory health insurance from the town based on the following schedule: Years of Service Retiree Cost Individual Coverage Dependent Coverage 10 to 14 years 65% 80% 15 to 19 years 50% 65% 20 to 24 years 40% 55% 20 or more years 30% 50% WHEREAS, the Town Policy should read: Employees who retire from the Town are receiving New York State Retirement or New York State Retirement Disability benefits, and have the Town Retirement service credit years with the town, shall have the option to elect contributory health insurance from the town based on the following schedule: Town of Wappinger Page 23 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 Years of Service 10 to 14 years 15 to 19 years 20 to 24 years Retiree Cost Individual Coverage 65% 50% 40% Dependent Coverage 80% 65% 55% 25 or more years 30% 50% 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 of Wappinger policy is hereby amended to reflect the correction as follows: Elected Officials who retire from the Town are receiving New York State Retirement or New York State Retirement Disability benefits, and have the Town Retirement service credit years with the town, shall have the option to elect contributory health insurance from the town based on the following schedule: Years of Service Retiree Cost Individual Coverage Dependent Coverage 10 to 14 years 65% 80% 15 to 19 years 50% 65% 20 to 24 years 40% 55% 25 or more years 25% 50% Employees who retire from the Town are receiving New York State Retirement or New York State Retirement Disability benefits, and have the Town Retirement service credit years with the town, shall have the option to elect contributory health insurance from the town based on the following schedule: Years of Service Retiree Cost 10 to 14 years 15 to 19 years 20 to 24 years 25 or more years Individual Coverage 65% 50% 40% 30% The foregoing was put to a vote which resulted as follows: Dependent Coverage 80% 65% 55% 50% Vote Record• Jte$blutton'R S-2066 200 Yes/Aye No/Nay Abstain Absent Q Adopted Joseph Ruggiero Voter Q ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder Q ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter Q ❑ ❑ ❑ ❑ Tabled Withdrawn __. _ Maureen McCarthy Initiator Q _ ._ ❑ ❑ - — ❑ Joseph Paoloni Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 28th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-201 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 from Jean Gallucci, and WHEREAS, the budget amendments are as follows: Increase A510 Estimated Revenues A5031 Interfund Transfer A960 Appropriations A9730.600 B.A.N.- Principal A9730.700 B.A.N - Interest $112,770.00 $112,770.00 $112,770.00 $101,275.00 $11,495.00 13510 Estimated Revenue $9,316.00 B5031 Interfund Transfer $9,316.00 B960 Appropriations $9,316.00 139730.700 B.A.N. - Interest $9,316.00 Town of Wappinger Page 24 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 DB510 Estimated Revenue $67,322.00 DB 5031Interfund Transfer $67,322.00 DB960 Appropriations $67,322.00 DB9730.600 B.A.N. - Principal $52,373.00 DB9730.700 B.A.N. - Interest $14,949.00 W0510 Estimated Revenue $7,461.00 W05031 Interfund Transfer $7,461.00 W0960 Appropriations $7,461.00 W09730.600 B.A.N. - Principal $6,000.00 W09730.700 B.A.N. - Interest $1,461.00 WP510 Estimated Revenue $53,114.00 WP5031 Interfund Transfer $53,114.00 WP960 Appropriations $53,114.00 WP9730.600 B.A.N. - Principal $30,000.00 WP9730.700 B.A.N. - Interest $23,114.00 Request authorization to make transfers between appropriations as follows: General (A) Fund Decrease: A1450.400 Elections/C.E. WF510 Estimated Revenue $925.00 $3,000.00 WF5031 Interfund Transfer $925.00 Increase• WF960 Appropriations $925.00 $1,000.00 WF9730.700 B.A.N. - Interest $925.00 A7020.104 Vice Chairman-Rec. WN510 Estimated Revenue $2,092.00 WN5031 Interf ind Transfer $2,092.00 B7310.103 Playground Counselors WN960 Appropriations $2,092.00 WN9730.700 B.A.N. - Interest $2,092.00 W0510 Estimated Revenue $7,461.00 W05031 Interfund Transfer $7,461.00 W0960 Appropriations $7,461.00 W09730.600 B.A.N. - Principal $6,000.00 W09730.700 B.A.N. - Interest $1,461.00 WP510 Estimated Revenue $53,114.00 WP5031 Interfund Transfer $53,114.00 WP960 Appropriations $53,114.00 WP9730.600 B.A.N. - Principal $30,000.00 WP9730.700 B.A.N. - Interest $23,114.00 Request authorization to make transfers between appropriations as follows: General (A) Fund Decrease: A1450.400 Elections/C.E. $5,580.00 A7020.101 Administrative Assistant $3,000.00 A7110.100 Maintenance Director $8,420.00 Increase• A7020.100 Chairman $1,000.00 A7020.103 Administrative Assistant $13,000.00 A7020.104 Vice Chairman-Rec. $3,000.00 General (B) Fund Decrease: B7310.103 Playground Counselors $1,058.00 Increase• B7310.101 Summer Director Play. $248.00 B7310.102 Playground Directors $656.00 B7310.106 Arts & Crafts Dir. $154.00 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2006: Increase A510 Estimated Revenues $112,770.00 A5031 Interfund Transfer $112,770.00 A960 Appropriations $112,770.00 A9730.600 B.A.N.- Principal $101,275.00 A9730.700 B.A.N - Interest $11,495.00 B510 Estimated Revenue $9,316.00 B5031 Interfund Transfer $9,316.00 B960 Appropriations $9,316.00 B9730.700 B.A.N. - Interest $9,316.00 Town of Wappinger Page 25 Printed 9/5/2006 Town Board Meeting Minutes August 28, 2006 DB510 Estimated Revenue $67,322.00 DB5031Interfund Transfer $67,322.00 DB960 Appropriations $67,322.00 DB9730.600 B.A.N. - Principal $52,373.00 D139730.700 B.A.N. - Interest $14,949.00 WF510 Estimated Revenue $925.00 WF5031 Interfund Transfer $925.00 WF960 Appropriations $925.00 WF9730.700 B.A.N. - Interest $925.00 WN510 Estimated Revenue $2,092.00 WN5031 Interfund Transfer $2,092.00 WN960 Appropriations $2,092.00 WN9730.700 B.A.N. - Interest $2,092.00 W05 10 Estimated Revenue $7,461.00 WO5031 Interfund Transfer $7,461.00 WO960 Appropriations $7,461.00 WO9730.600 B.A.N. - Principal $6,000.00 WO9730.700 B.A.N. - Interest $1,461.00 WP510 Estimated Revenue $53,114.00 WP5031 Interfund Transfer $53,114.00 WP960 Appropriations $53,114.00 WP9730.600 B.A.N. - Principal $30,000.00 WP9730.700 B.A.N. - Interest $23,114.00 Request authorization to make transfers between appropriations as follows: General (A) Fund Decrease: A1450.400 Elections/C.E. $5,580.00 A7020.101 Administrative Assistant $3,000.00 A7110.100 Maintenance Director $8,420.00 Increase• A7020.100 Chairman $1,000.00 A7020.103 Administrative Assistant $13,000.00 A7020.104 Vice Chairman-Rec. $3,000.00 General (B) Fund Decrease: B7310.103 Playground Counselors $1,058.00 Increase• B7310.101 Summer Director Play. $248.00 B7310.102 Playground Directors $656.00 B7310.106 Arts & Crafts Dir. $154.00 The foregoing was put to a vote which resulted as follows: +' tretle Riee�rcl- ResulntionRES; 2006-201 3 Yes/Aye F No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 l ❑ ❑ ❑ Adopted as Amended RobertValdati _ _ i� Seconder ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 1 H ❑ ❑ ❑ ❑ Tabled - Ten McCarth___Y_ —.... Initiator 0 ❑ ❑ ❑ ❑ Withdrawn 'au _ Joseph Paoloni Voter i El ❑ ❑ — ❑ Dated: Wappingers Falls, New York August 28t11, 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 26 Printed 9/512006 Town Board Meeting Minutes August 28, 2006 VII. Executive Session 1. Motion To: Go into executive at 9:11 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati B. Francese Insurance Issue C. Personnel Matters 4. Motion To: Come out of executive session at 10:15 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati VIII. Adjournment 1. Motion To: Motion to adjourn at 10:15 PM RESULT: ADOPTED [UNANIMOUS]- MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Ruggiero, Supervisor AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati The Meeting Adjourned at 10:15 PM. n /,I'hn c. Town9..asterson erk Town of Wappinger Page 27 Printed 9/5/2006