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2006-09-11 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 September 11, 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 September 11, 2006, at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Public Comment III. Public Hearings 1. Public Hearing on the Use of Community Development Block Grant Funds IV. Discussions A. Joint Assessor B. Background Checks C. Common Driveways D. Grievance Day Local Law E. Granger Place Culvert F. Rockingham Curbs V. Resolutions 2006-202. Resolution Introducing Local Law No. of the Year 2006, Creating Chapter ?SO of the Town Code Establishing a Coordinated Assessment Program Between the Town of Wappinger And the Town of Fishkill 2006-203. Resolution Authorizing Coordinated Assessment Agreement With the Town of Fishkill 2006-204. Resolution Introducing Local Law No. of the Year 2006, Changing Grievance Day to the First Thursday Following the Fourth Tuesday of May 2006-205. A Resolution Calling a Public Hearing to Consider the Question of the Consolidation, Pursuant to Chapter of the Laws of 2006 and Section 206-A of the Town Law of Certain Water Districts and Water Improvement Areas in the Town of Wappinger, Dutchess County, New York. 2006-206. Resolution Authorizing All County Electrical Inspection Service, Inc. to be an Authorized Electrical Inspector for the Town of Wappinger 2006-207. Resolution Authorizing Endorsing Dutchess County Classic VI. New Business/Comments VII. Executive Session A. Personnel Matter VIII. Adjournment Town of Wappinger 20 Middlebush Road k . Wappingers Falls, NY 12590 Town Board Meeting Minutes — Chris Masterson (845)297-5771 Monday, September 11th, 2006 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the Town Board Meeting to order at 7:43 PM. Attendee Name 49 a� _ Orgaa>ian` _ _ 1'iCt1�e , Status Arrived _ ._ _.._ Joseph Ruggiero Town of Wappinger Supervisor Present Robert Valdati Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen Town of Wappinger Councilwoman Absent _McCarthy Joseph Paoloni Town of Wappinger Councilman Present Public Hearings 1. Resolution Calling Public Hearing on the Use of Community Development Block Grant Funds COMMENTS - Current Meeting: Supervisor Ruggiero opened the Public Hearing at 7:44 PM. He explained that the Public Hearing would be on the use of the Community Development Block Grant Funds. This year, the proposal that the Town is applying for is a water and sewer construction project for South Fowlerhouse Road/ Fowlerhouse Road/ Card Road/ Peggy Lane area. In the past the Town has received such grants from which the Town was able to bring municipal water to the Wappinger Park neighborhood. Jay Paggi then explained that the reason for the Public Hearing was to solicit any comments from the public on any other projects that they feel the Board should . consider prior to making this application. The application needs to be filed with the Dutchess County Department of Planning by Friday, September 22nd n/1/t 5:OOPM. The funding is for calendar year 2007. Supervisor Ruggiero stated that the Town sent an income survey to the neighborhood a few weeks ago and got a very good response. The data that the survey shows may improve the Towns chances of receiving the grant. Supervisor Ruggiero then asked if there was anyone in attendance that had questions or comments. There were none. Town Clerk Chris Masterson then offered for the record the affidavits of posting and publication for the Public Hearing (These Affidavits are attached hereto and made part of the Minutes of the Meeting). Councilman Bettina made a motion to close the public hearing. Councilman Paoloni seconded the motion. After a unanimous vote, the Public Hearing was closed at 7:47 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni,- Robert Valdati ABSENT: Maureen McCarthy Town of Wappinger Page 1 Printed 911512006 IIT• �/► I: • • • �/� •r ' '_I► G DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 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 30th, 2006, your deponent posted a copy of the attached Notice of Public Hearing on the Use of Community Development Block Grant Funds, 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. HN C. M TERSON Town Clerk Town of Wappinger Sworn to before me the day of , ,•�� F. BARBARA L. ROBERTI Notary Public, State of New Yoft Reg. No. 01 R06130344 Dutchess County My Commission Expires July 18, 2009 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 :I V Dveral times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division 5 20(fi Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and CLFZRNished every day in the year 2006 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for one �RfrWLQCRssively, in each week, commencing on the 30th. day of A- . 2006 and thereafter, namely on: And ending on 2006, bot days inclusive. this_ the following dates day of Subscribed and p<ojn to day of �� 10EN AllI ion -expires STATEi)FIff"ff� )1 C15096485 UWALI W IN DU I WIESS COUNTY COMMISSION EXPIRES OCTOBER 14, 200 Public w./ /e/ d SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 AIF-Ficla%.eit of F',LiL71 ration To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #74549 State of NEW YORK } } SS: County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say: that I am the PUBLISHER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 08/30/06. Sworn to before me this 30th day of August, 2006 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14--8240760 Qualified in DUTCHESS County My commission expires on June 15, 2007 RECEIVED SEP 1 1 2006 TOWN CLERK 1.. �j, Town Board Meeting Minutes September 11, 2006 III. Public Comment Supervisor Ruggiero opened the floor to the public for comment on the agenda items. There were no comments from the public. IV. Discussions A. Joint Assessor & Grievance Day Local Law Supervisor Ruggiero opened the first discussion at 7:47 PM. This discussion related to the Joint Assessor Agreement between the Town of Wappinger and the Town of Fishkill. The Supervisor attended a Public Hearing on Saturday, September 9th, in the Town of Fishkill. Some members of the public did come out and the two supervisors were able to field some of their questions regarding the Cooperative Assessment Program (CAP). Once Wappinger and Fishkill do pass these respective Local Laws, which Fishkill did adopt theirs on Saturday, the Towns will share an assessor under the CAP. Wappinger would be eligible for state aid. In the first year, Wappinger will receive $12.00 per parcel. It will receive about $117,000 followed by traditional maintenance at about $5.00 per parcel. Al Roberts was asked to discuss the Local Laws. Mr. Roberts explained that the Board had two Local Laws and a resolution authorizing the Supervisor to sign the agreement, subject to the verification that Fishkill has adopted their Local Law. There is also a proposed Local Law changing Grievance Day. This Local Law would be changing Grievance Day to the "First Thursday following the Fourth Tuesday". The statutory requirement is that Grievance Day be on the Fourth Tuesday in May. The Town is required to have it completed by the Second Tuesday in June. Having the new Grievance day in the same week as the ordinary Grievance Day would be most appropriate. Councilman Bettina asked if this would alter the Grievance Day for all towns. Mr. Roberts and Supervisor Ruggiero explained that it was just for Wappinger. Fishkill was to have their Grievance Day on the traditional day and Wappinger would change theirs so that the same assessor could sit for both Grievance Days. Councilman Valdati asked if the two towns were at different equalization rates. Supervisor Ruggiero replied that Fishkill is about 8 points higher than Wappinger. If the towns are at different equalization rates, they would not be able to enter into the CAP. Since the towns are doing the revaluation, both would be coming up to 100% at the same calendar time. At that point, the full CAP is enforced. Councilman Paoloni asked if it were correct that, regardless of the CAP, the two towns would be at 100%. Supervisor Ruggiero replied that the towns would be at 100% despite the CAP. There were two issues going on: The towns would share an Assessor for a year. Once the assessment rolls are set in 2007, and the Towns are at 100% equalization, they are, in effect, in a CAP in the State's eyes. This then makes the Wappinger eligible for that program. Up until that point, the towns are just in shared services. Once the towns enter into a CAP, they enter an agreement lasting a minimum of 10 years. Mr. Roberts clarified that what Supevisor Ruggiero was explaining was part of the State program. Supervisor Ruggiero continued Mr. Roberts point saying that, once the Town is recognized by the State and qualified for the State aid, all of the other benefits would come in as well. Councilman Paoloni replied that the State aid is also broken into two pieces - $5.00 for the reval and $7.00 for the CAP. It is possible to receive the $5.00 for the reval and choose not to receive the $7.00 for the CAP. The $5.00 comes every year and the $7.00 is a one-time deal. Having 9800 parcels, the $7.00 per parcel amount would be about $70,000. Supervisor Ruggiero replied that Councilman Paoloni was correct with the figures. The Supervisor went on to say that, because of this agreement, several other Dutchess communities, which already have a shared assessor, are entering into a CAP. These communities are part of the consortium. The consortium put together an informational video that has been playing locally to explain to the residents the many aspects of the reval process. The Supervisors and Assessors of those towns participated in the creation of the video. It addresses the reval processes as well as misconceptions and misinformation that the public is concerned with. Councilman Valdati asked if that video would be played and explained during the Public Hearing if that point were reached. Supervisor Ruggiero replied that it would. He went on to say, along with Mr. Roberts, that this was a "window of opportunity" to take this action. Supervisor Ruggiero and Supervisor Pagones began discussion of this topic two years ago. Mr. Roberts and the Town Attorney for the Town of Fishkill have been working together as well. Councilman Valdati wanted confirmation that the Town of Wappinger was not "trying to emulate the Fishkill level of assessments so that [Wappinger] would therefore be raising taxes in our own Town and Village. Supervisor Ruggiero clarified that all eight municipalities are coming up to 100% assessment. These towns are part of the same County and School Districts. This would level the playing field and you would not see haphazard tax rates between municipalities. Councilman Paoloni again pointed out that this was all irrespective of the CAP. Supervisor Ruggiero agreed that it was. Councilman Paoloni followed up by saying that he Town of Wappinger Page 3 Printed 9/15/2006 Town Board Meeting Minutes September 11, 2006 couldnt see why this needed to be discussed and decided now. Supervisor Ruggiero answered that the reval would be setting both Towns at 100%. At that time the State would permit a CAP. If there were a 3-4 point difference, the State would not authorize a CAP. Councilman Paoloni stated that if the Town wanted to receive the $5.00 per parcel that it would receive due to the reval, it would have to be at 100%. Supervisor Ruggiero replied that Councilman Paoloni was incorrect. He explained that the reval could take place and each town set its own level of assessing. In theory, Fishkill could set its level at 75%. Wappinger could set theres at 25%. Then the State would come in and do the equalization. To do that would be a waste of time. That is why all of the communities agreed intermunicipally to go to 100%. Councilman Paoloni followed up by stating that both Wappinger and Fishkill agreed to go to 100% whether the towns enter the CAP or not. To get the $5.00 per parcel, both towns would have to stay at the 100% level. Mr. Roberts confirmed that the towns would have to stay at the same unform level of assessment, which in the case of Wappinger and Fishkill is 100%. Councilman Paoloni concluded his point saying that he could not see the urgency of the CAP. Mr. Roberts replied that this is coincidentally the best time to do this. The towns would have one assessor at the same time that the reval is done in Southern Dutchess. Councilman Bettina made a motion to go into executive session to discuss the personnel matter regarding the Joint Assessor. 1. Motion To: Go into executive session to discuss a personnel matter regarding the Joint Assessor at 7:59 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Robert Valdati, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, Robert Valdati ABSENT: Maureen McCarthy 2. Motion To: Come out of executive session at 8:35 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Robert Valdati, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, Robert Valdati ABSENT: Maureen McCarthy B. Joint Assessor & Grievance Day Local Law Councilman Bettina made a motion to come out of executive session at 8:35 PM. The motion was seconded by Councilman Valdati and was passed unanimously. Supervisor Ruggiero asked for comments regarding the Joint Assessor. Councilman Paoloni stated that he did not feel the Board was ready to vote on it. There were several items that he was not comfortable with and would like to continue the discussion. Supervisor Ruggiero asked if there were any further comments. There were none. The discussion was then closed at 8:36 PM. C. Background Checks Supervisor Ruggiero opened the discussion at 8:36 PM. Al Roberts began by notifying the Board that he had a meeting with Gina Christiana of Dutchess County Personnel. The situation is that the County only does background checks if the applicant checks off that he has some sort of criminal record. Essentially, the County is relying on the criminal to tell the truth. Mr. Roberts office is currently compiling some legal data to present to the County for another meeting with the County Attorneys Office. The County is of firm belief that they could not go through background checks for every non -county civil service employee. The County is charged with administering civil service through all of the County municipalities. Councilman Bettina asked if that was the County's Attorney's opinion. Mr. Roberts replied that it was the opinion of Director of Personnel, Tom Bruno. Mr. Roberts disagrees with that opinion. Mr. Bettina stated that he wanted the background checks regardless of what the County thinks. Mr. Roberts replied that he understood but when on to clarify that, under the Civil Service Law, the responsibility for doing background checks for civil service employees resides with the civil service administrator, which is the County. The County is doing the checks for all County employees but are not doing them for non -county employees. Councilman Bettina asked why the Town couldn't make background checks a condition of Town employment. Mr. Roberts replied that that was what the Town was trying to coordinate to comply with the law. Supervisor Ruggiero asked if there were any further questions. There were none. He then closed the discussion at 8:39 PM. Town of Wappinger Page 4 Printed 9/15/2006 Town Board Meeting Minutes September 11, 2006 D. Granger Place Culvert Supervisor Ruggiero opened the discussion at 8:40 PM. Mr. Paggi began the discussion and handed out photographs of the Grainger Place culvert. The culvert is a 130' long, twin, 48", uncoated corrugated metal pipe culvert. Highway Superintendent, Graham Foster, noticed that the culvert was eroded and asked Mr. Paggi to check it out. The culvert crosses Grainger Place, which is the connecting road between the Angelbrook Subdivision and the Rockingham Subdivision. This culvert is an integral part of the storm drain system. Mr. Paggi has done some preliminary cost estimates to replace the culverts with an aluminum box culvert. The aluminum box type culvert was also used in the Regency Drive area about 5-6 years ago. The aluminum box culvert has an expected useful life of about 75 years. Councilman Bettina asked what the difference between the aluminum and concrete cost was. Mr. Paggi responded that the cost of the material was about even, but the installation is significantly different. In addition to replacing the culverts, there is an existing sanitary sewer line and an existing water main. Those would need to be dealt with during the installation. Mr. Paggi estimated that the construction cost, including the 10% contingency, in approximately $755,000. Soft costs, including design, surveying, preparation of contract documents, inspection and administration come to $110,000. That brings the total project cost up to $865,000. The existing pipe is about 40-45 years old and is an uncoated, plain, galvanized metal pipe. The inspection showed that the ends of the pipe have failed. It's probably not safe to get down into the pipe and needs to be replaced in the near future. Supervisor Ruggiero asked if there were any questions. There were none. The discussion was closed at 8:43 PM. E. Rockingham Curbs Supervisor Ruggiero opened the discussion at 8:43 PM. Jay Paggi stated that Graham Foster had done some research earlier in the year on replacement of the curbs throughout Rockingham. Cost estimates were done for standard construction techniques such as: excavating out the existing curb and then forming and pouring the new concrete curbs, which are 18" in depth. Graham was made aware of a new technology in which a new 6" curb is glued onto the blacktop using an epoxy. The construction cost to replace the curbs two years ago was $2.5 Million for 46,000 feet of curbs in Rockingham. The cost of the new technology curb project is approximately $912,000. Adding $88,000 (9%) for contingency brings the total to $1,000,000. The total soft costs are estimated to be about $80,000, bringing the total project cost to about $1,080,000. This is almost 1/3 of the estimate for the old project. Supervisor Ruggiero asked Graham if he had any input. Mr. Foster added that this would give the Town a hidden benefit as well. The trend today is to make the roads narrower. The 28 foot roads through Rockingham would be reduced to 26 feet. The standard spec today is 24 feet. The key is that the roads would be less impervious. Councilman Valdati asked what other areas throughout the Town have concrete curbs. Mr. Paggi and Mr. Foster replied that none had concrete curbs. Councilman Valdati went on to clarify that the Town would be looking at a Town -wide cost of $1,080,000. He also said that there were no sidewalks in the First Ward that the Town would have to contend with. The residents of the First Ward also would not benefit from the sidewalks in Rockingham. He then said that the areas of the Second and Fourth wards would be in the same circumstances. Mr. Paoloni replied that the maintenance on those roads was probably significantly less due to the fact that the curbs were there. Supervisor Ruggiero pointed out that the curbs were part of the Town road system. In 2003, approximately $2,000,000 was budgeted to repair this project. At some point, something has to be done with the curbs. Either the curbs need to be removed or they need to be repaired. Councilman Valdati asked if there was any possibility of creating a sidewalk district. Supervisor Ruggiero responded that the Town debated that point in the late 1990's. The Town Attorney decided that, since it was dedicated to the Town as part of the road system, it could not be a sidewalk district. Supervisor Ruggiero asked if there were any further comments or questions. There were none. The discussion was closed at 8:51 PM. V. Resolutions RESOLUTION: 2006-202 Resolution Introducing Local Law No. of the Year 2006, Creating Chapter 150 of the Town Code Establishing a Coordinated Assessment Program Between the Town of Wappinger And the Town of Fishkill WHEREAS, the Towns of Fishkill and Wappinger, Dutchess County, are empowered to enter into a Municipal Cooperative Agreement to appoint one Assessor to hold office in the Towns of Fishkill and Wappinger pursuant to Sections 576 and 579 of the Real Property Tax Law and Article 5-G of the General Municipal Law; and WHEREAS, it is the intention of the parties to create a Coordinated Assessment Program (CAP) pursuant to Section 579 of the Real Property Tax Law whereby one Assessor will provide Town of Wappinger Page 5 Printed 911512006 Town Board Meeting Minutes September 11, 2006 assessment services for both Towns and the Assessor will assess all property in the program at a uniform percentage of full value; 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 creating a Coordinated Assessment Program (CAP); and WHEREAS, the Town Board hereby introduces the attached Local Law authorizing the participation of the Town of Wappinger in the Coordinated Assessment Program with the Town of Fishkill; and WHEREAS, the Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 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 Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of 2006 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 25�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. The foregoing was put to a vote which resulted as follows: Yote Rg�ords,!Resolution ,RES2006-303 Y_ es/Aye No Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ i ❑ ❑ Adopted as Amended Robert Valdati Initiato Vincent Bettina ..... Seconder 0 _ ❑ ❑ _ ._.. ❑ ❑ wbled adrawn Maureen McCarthy Voter ❑ ❑ ❑ 0 Jose h Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York September 11th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-203 Resolution Authorizing Coordinated Assessment Agreement with the Town of Fishkill WHEREAS, the Towns of Wappinger and Fishkill, Dutchess County, are empowered to enter into an Inter -Municipal Agreement to appoint one Assessor to hold the office of and act as the Assessor in both Towns, pursuant to Sections 576 and 579 of the Real Property Tax Law and pursuant to Article 5-G of the General Municipal Law; and WHEREAS, it is the intention of both Towns to create a Coordinated Assessment Program pursuant to Section 579 of the Real Property Tax Law, whereby one Assessor will provide assessment services to both Towns and the Assessor will assess all property in the program at a uniform percentage of full value; and WHEREAS, a copy of the Coordinated Assessment Agreement is annexed hereto as Exhibit "A" and made a part hereof; and WHEREAS, the Town Board hereby determines that this is a Type II action as defined by 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 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 approves the proposed Coordinated Assessment Town of Wappinger Page 6 Printed 9/15/2006 Town Board Meeting Minutes September 11, 2006 Agreement between the Town of Wappinger and the Town of Fishkill in the form attached hereto and made a part hereof and determines that it is in the best interests of the citizens of the Town of Wappinger that the Town enter into such Agreement. 3. The Town Supervisor, Joseph Ruggiero, is authorized to execute the Agreement in substantially the same form as annexed hereto, subject to confirmation that the Town of Fishkill has also authorized the execution of the Agreement and subject further to both Towns enacting a Local Law pursuant to Section 579 of the Real Property Tax Law establishing a Coordinated Assessment Program in the Towns of Wappinger and Fishkill. 4. The Town Clerk is directed to send a copy of this Resolution to the Town Board of the Town of Fishkill within five (5) days hereof. The foregoing was put to a vote which resulted as follows: ✓ mote Record - Resolutlon RES -2006.7:03 ❑ Adopted Yes/Ae __, No/Nay Abstain Absent_ ❑ Adopted as Amended Joseph Ruiem Voter _ 0__ .._____. ❑ ❑ _.. ❑ Defeated Robert Valdati Initiator H ❑ ❑ ❑ H Tabled Vincent Bettina Seconder H ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ _❑ ❑ H Next: Sept 25s, 2006 7:30 PM Voter ❑ ❑ Dated: Wappingers Falls, New York September 11th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-204 Resolution Introducing Local Law No. of the Year 2006, Changing Grievance Day to the First Thursday Following the Fourth Tuesday of May WHEREAS, the Town Board of the Town of Wappinger has conceptually agreed to enter into a Coordinated Assessment Program with the Town of Fishkill pursuant to Section 579 of the Real Property Tax Law; and WHEREAS, the Town Board has heretofore introduced for adoption a proposed Local Law which will authorize the participation of the Town of Wappinger in a Coordinated Assessment Program with the Town of Fishkill; and WHEREAS, the Town of Fishkill has previously enacted a similar Local Law pursuant to Section 579 of the Real Property Tax Law authorizing the Town of Fishkill to enter into a Coordinated Assessment Program with the Town of Wappinger; and WHEREAS, the Town of Wappinger and the Town of Fishkill have agreed upon the terms and provisions of a Coordinated Assessment Agreement and the Town of Wappinger, by separate Resolution, has authorized the Supervisor, Joseph Ruggiero, to execute said Agreement upon enactment of the Local Law authorizing the Coordinated Assessment Program with the Town of Fishkill; and WHEREAS, Section 512 of the Real Property Tax Law authorizes the governing body of an assessing unit which employs an Assessor who is at the same time employed by another assessing unit to adopt a Local Law establishing a date for the meetings of the Board of Assessment Review other than the fourth Tuesday of May; and WHEREAS, the Town Board hereby elects to establish Grievance Day in the Town of Wappinger as the first Thursday following the fourth Tuesday in May as the date when the Board of Assessment Review shall meet to hear complaints in relation to assessments; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and pursuant to Local Law No. 6 of 1992 of the Town of Wappinger requiring no environmental review; and WHEREAS, the Town Board has determined that it is in the best interests of the citizens of the Town of Wappinger to adopt a Local Law authorizing a Coordinated Assessment Program with the Town of Fishkill changing the date for Grievance Day in the Town of Wappinger to the first Thursday following the fourth Tuesday in May. 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 25`h day of September 2006, at 7:30 p.m., and the Town Clerk is hereby directed to post the Notice of the Town of Wappinger Page 7 Printed 9/15/2006 Town Board Meeting Minutes September 11, 2006 Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: �o�a[�I'-.tteotati+bi« RE�S�24QCr�U4 ® Adopted Yes/Aye No/Nay E Abstain Absent Joseph Ruggiero Voter ( 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator 0 O ❑ ❑ ❑ Defeatedbled Vincent Bettina Seconder 0 ❑ ❑ ❑ reen McCarth Voter_ ❑ 1 ❑ ❑ 0 ❑ Withdrawn Joseph Paoloni Voter ® __.__. _. fi _ _.. �. . ❑ _... Dated: Wappingers Falls, New York September 11th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-205 A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER THE QUESTION OF THE CONSOLIDATION, PURSUANT TO CHAPTER 718 OF THE LAWS OF 2006 AND SECTION 206-A OF THE TOWN LAW OF CERTAIN WATER DISTRICTS AND WATER IMPROVEMENT AREAS IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK. WHEREAS, the Town of Wappinger, Dutchess County, New York, has heretofore established the following water districts and water improvement areas, amongst others: (1) The Central Wappinger Water Improvement Area, (2) the Wappinger-Cranberry Water Improvement Area, (3) the Wappinger Park Water District, (4) the Ardmore Hill Water Improvement Area, (5) the Central Wappinger Emergency Improvement Area, (6) the Wappinger Water Improvement Area 1999-2, (7) the North Wappinger Water District, (8) the Myers Corners II Water District, and (9) the Oakwood Knolls Water District (which Prior Water Districts/Improvement Areas and water improvement areas, including extensions, if any, thereto, are referred to herein collectively as the "Prior Water Districts/Improvement Areas" which specifically do not include Tall Trees Water Improvement Area and the water districts known as Watchill Water District and Fleetwood Water District); and WHEREAS, costs of debt service, operation and maintenance of each of the water districts included in the aforesaid Prior Water Districts/Improvement Areas has been a charge against all the taxable real property within each respective water district included in the Prior Water Districts/Improvement Areas or in the case of the water improvement areas included therein, pursuant to the provisions of section two hundred nine -q of the town law, the town board has been responsible for the management, maintenance, operation and repair of each water improvement area, and, to the extent that moneys therefor have not been raised by water rates, the cost of such management, maintenance, operation and repair has been a charge upon the area of the town outside of any villages and has been levied and collected in the same manner and at the same time as other town charges while the cost of debt service for improvements has a charge against all the taxable real property therein, benefitted thereby or by the area of the Town outside of any Village or a combination thereof as provided by law and the proceedings establishing each such water improvement area; and WHEREAS, the Legislature of the State of New York has authorized the Town to consolidate said Prior Water Districts/Improvement Areas and it is now desired to consider the question of the consolidation of said Prior Water Districts/Improvement Areas; NOW, THEREFORE, BE IT KNOWN: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at Town Hall, in Wappingers Falls, New York, in said Town, on the 28d' day of September, 2006, at 7:30 P.M., Prevailing Time, for the purpose of considering the consolidation of the Prior Water Districts/Improvement Areas in said Town as so identified in the preambles hereof. Section 2. Upon such consolidation becoming effective, the Prior Water Districts/Improvement Areas so consolidated shall be known as the Consolidated Water District (the "Consolidated Water District"). All the property of the Prior Water Districts/Improvement Areas including moneys raised prior thereto and unexpended proceeds received or to be received from the issuance of bond anticipation notes and/or bonds authorized by bond resolutions adopted on dates prior hereto, shall become the property of the Consolidated Water District and the Consolidated Water District shall assume and pay the indebtedness of the Prior Water Districts/Improvement Areas incurred prior to the effective date of the consolidation described herein and thereafter. Town of Wappinger Page 8 Printed 9/15/2006 Town Board Meeting Minutes September 11, 2006 Section 3. To the extent not paid from user charges, there shall annually be apportioned and assessed, in an amount equal to the benefit which improvements shall confer upon same, upon all the taxable real property in such Consolidated Water District, an amount sufficient to pay the principal and interest of the outstanding indebtedness of each of said Prior Water Districts/Improvement Areas as extended, incurred prior to the effective date of the consolidation herein described, as the same shall become due and payable, but if not paid from each such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said outstanding indebtedness. Section 4. The future assessments of all costs of improvements, as well as costs of operation and maintenance of such Consolidated Water District shall be a charge against the entire area of the Consolidated Water District, including all extensions hereafter established. Section 5. The Town Clerk shall give notice of said public hearing referred to in Section 1 hereof by the publication of Exhibit A, attached hereto and hereby made a part hereof in the official newspaper or newspapers of the Town designed pursuant to subdivision 11 of Section 64 of the Town Law, the publication thereof to be made at least ten (10) days prior to the time fixed for such public hearing. The Town Clerk shall further give notice of said public hearing by the posting of this resolution on the official signboard of the Town and mailing notice to all property owners in said Prior Water Districts each at least ten (10) days prior to the time fixed therefor. Further details on the consolidation are available in the Office of the Town Clerk where they are available for inspection during normal business hours. Section 6. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolutlon RES46W205 No/Nay Abstain t Absent D Adopted ___ __ Joseph Ruggiero _Yes/Aye Voter ® ❑ j ❑ - ❑ ❑ Adopted as Amended Robert Valdati Initiator ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ® ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter - ❑ ❑ ❑ _ �-- -� -- Joseph Paoloni Voter 0 1O ❑ ❑ Dated: Wappingers Falls, New York September 11`x', 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-206 Resolution Authorizing All County Electrical Inspection Service, Inc. to be an Authorized Electrical Inspector for the Town of Wappinger WHEREAS, § 114-4 of the Town Code of the Town of Wappinger authorizes agents of the Town of Wappinger to make inspections and re -inspections of electrical installations and otherwise provide assistance with ministerial electrical inspection services from time to time; and WHEREAS, David Scism of All County Electrical Inspection Service, Inc. has provided the Town with various certifications and licenses to provide professional ministerial electrical inspection services, copies of which are attached hereto and made a part hereof as Exhibit "A". 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. David Scism of All County Electrical Inspection Service, Inc. is hereby authorized to provide ministerial electrical inspection services and otherwise shall be an authorized electrical inspector for the Town of Wappinger pursuant to § 114-4 of the Town Code of the Town of Wappinger. Town of Wappinger Page 9 Printed 9/15/2006 Town Board Meeting Minutes September 11, 2006 The foregoing was put to a vote which resulted as follows: +/`Vo�:ct+rdw:ItesolUttdh 1263 2006-206 ® Yes/Aye Yes/Aye No/Nay Abstain Absent ❑ Adopted Adopted as Amended Jose h Ru iero - P-__ Voter _ _ _ El ❑ _ .� ..� . _ _ ❑ Robert Valdati _ Seconder ❑ Robert Valdati Seconder �® ❑ O ❑ ❑ Defeated _— Vincent Bettina Initiator — 0 - ,. ❑ _ ❑ ❑ ❑ Tae Withdrawn _� __� Maureen McCarthy ___ Voter ❑ ❑ ❑El --O ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑� ❑ Dated: Wappingers Falls, New York September 11, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-207 Resolution Authorizing Endorsing Dutchess County Classic WHEREAS, the Mid -Hudson Road Runners Club, will be sponsoring the Annual Dutchess County Road Runners Race to be held on Sunday, September 17th, 2006; and WHEREAS, The Mid -Hudson Road Runners Club requests that Robinson Lane be closed from 8:20AM to 9:30AM on Sunday, September 17th, 2006 for the safety of the runners. 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 endorses Mid -Hudson Road Runners Club's sponsorship of the Dutchess County Road Runners Race on Sunday, September 17th, 2006. 3. The Town Board hereby authorizes the Mid -Hudson Road Runners Club shut down Robinson Lane between 8:20AM and 9:30AM. 4. This Resolution is adopted on the condition that the Mid -Hudson Road Runners Club provide proof of General Liability Insurance in the amount of One Million Dollars ($1,000,000.00) per occurrence naming and insuring the Town of Wappinger as Certificate Holder and additionally insured against any actions, claims, or lawsuits arising from personal injury, property damage, and/or negligent acts caused by the Dutchess County Classic Race or any of its participants, agents and/or employees, including the organizing organizations, while performing services in the Town of Wappinger pursuant to this Resolution. The foregoing was put to a vote which resulted as follows: Vote Record-`itesotution )E —2006-20I Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter Q ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati _ Seconder ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator ' It ❑ ❑ ❑ led ❑ Withdrawn Maureen McCarthy _ Voter ; ❑ [3❑ H Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 11th, 2006 The Resolution is hereby duly declared adopted. VI. New Business/Comments 1. Councilman Valdati new business Councilman Valdati asked for advice from the Town Attorney. He has been contacted by a resident from Montclair. The resident notified Councilman Valdati that the residents are paying funds to the management of the complex for road repair work. The resident asked what agency she could contact to check into this matter. Supervisor Ruggiero replied that it would be the Attorney General's Office. 2. Councilman Bettina new business Councilman Bettina stated that residents in his area are concerned about the Stop Work Order on Dr. Vilardi's property. Councilman Bettina was asked to look into it. He understands that work has been done but the area still looks terrible. Mr. Roberts replied that the Town does not have jurisdiction over DEC matters. Councilman Bettina responded that he would like the Town Town of Wappinger Page 10 Printed 9/15/2006 Town Board Meeting Minutes September 11, 2006 professionals to press the issue and see what could be done. Supervisor Ruggiero commented that the DEC has been cooperative on this issue and that the Town has been working with the Dutchess County Soil and Water Conservation District. A letter was sent to Dr. Vilardi stating that he had 30 days to comply. After 45-50 days, there was no response by him. At that point, the Town reached out to the DEC again. The DEC then came down hard on Dr. Vilardi to get a response. Dr. Vilardi did hire an engineer to do the appropriate plans. He was authorized to carry out certain things in order to mitigate the situation. Supervisor Ruggiero will reach out to the DEC again, but, at this time, the issues pertaining to the Stop Work Order are resolved. Mr. Paggi added that Dr. Vilardi is in compliance at this time. Councilman Bettina stated that the property looks terrible and residents are upset about it. He thinks that the issue needs to be rectified and requests a meeting with the DEC. Supervisor Ruggiero asked how this property stands in the eyes of the Planning Board now that the Stop Work Orders have been lifting. He also wanted to know if Dr. Vilardi could proceed with the Verizon cell tower construction. Mr. Roberts replied that the issue is still somewhat up in the air. Mr. Paggi commented that the site is in compliance; otherwise the Stop Work Order would not have been lifter. George Kolb added that Dr. Vilardi has a valid issued grading permit. The plan is being followed. It is being inspected once or twice a week. Councilman Bettina asked if there was an escrow set up to cover the fees of continually going out there to inspect. Mr. Kolb replied that there was not. He then told Mr. Kolb that the work needs to be stopped until the escrow is set up. Mr. Kolb replied that he did not disagree with Councilman Bettina, but the Town did not establish escrow accounts for grading permits in the past. To answer Supervisor Ruggiero's original question about proceeding with the cell tower, Mr. Kolb explained that the list of corrective actions presented to Dr. Vilardi has been completed. Councilman Bettina replied that a public hearing was held before the Planning Board about this matter. The Board told the public that this site would be cleaned up and taken care of. The residents are telling the Councilman that it is not. Mr. Kolb explained that the project is not at that point yet. The site has been cleaned up but it is not to the point that the screenage, fencing, and track would be in place. Councilman Bettina asked that he be kept informed of the progress of the situation. 3. Paoloni new business Councilman Paoloni requested a date be set to discuss the situation regarding the Joint Assessor. Supervisor Ruggiero pointed out that the Board would be coming in session on Tuesday, September 19th. The matter could be discussed at that time. Councilman Paoloni requested that the acting assessor be there. Supervisor Ruggiero then explained that he would be appointing a separate committee to handle the issue. Discussion followed. VII. Adjournment 1. Motion To: Adjourn at 9:25 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Robert Valdati, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, Robert Valdati ABSENT: Maureen McCarthy The Meeting Adjourned at 9:25 PM. J n C. asterson Towh Clerk Town of Wappinger Page 11 Printed 9/15/2006