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2006-12-11 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 December 11, 2006 7:3.0 PM Amended Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BET -TINA MAUREEN McCARTHY JOSEPH R PAOLONI ROBERT L. VALDATI 7:30 PM Meeting called to order on December 11, 2006 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Minutes Approval 1. Thursday, November 09, 2006 2. Monday, November 13, 2006 3. Monday, November -20,2006 III. Public Portion IV. Discussions A. Nussbickle Property- Al Roberts B. Escrow and Fee Local Law C. Chelsea River Front - Jay'Paggi D. Revaluation Update - John Watch E. Recycle Center - Chris Masterson F. Joint Assessor Agreement - Al Roberts G. Health Care Coverage - Jean Gallucci V. Resolutions 2006-242. Resolution Introducing Local Law No. of the Year 2006, Creating Article VII of Chapter 214 of the Town of. Wappinger Code Entitled "Sidewalk Maintenance — Removal of Snow and Ice and Debris" 2006-243. Resolution Introducing Local Law No. of the Year 2006, Amending Chapter 85 of the Town Code Known As the "Uniform and Energy Code" 2006-244. Resolution Introducing Local Law No. of 2006, Amending the Town of Wappinger Code regarding Fees and Escrow Accounts 2006-245. Resolution Approving Gymnastics Program Employees and Salaries 2006-246. Resolution Authorizing Application to the New York State Office of Children Services and Family Services for Grant 2006-247. Resolution Authorizing Acceptance of Gift of Real Property 2006-248. Resolution Authorizing Coordinated Assessment Agreement with the Town of Fishkill VI. Unanimous Consent 2006-249. Resolution Accepting Correspondence Log 2006-250. Resolution Adopting Health Care Policy VII. New Business/ Comments VIII. Executive Session A. Personnel Matter IX. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 - Town Boar) Meeting townofwappinger.us Minutes — Chris Masterson (845)297-5771 Monday, December 11th, 2006 7:30 PM Town Hall I. Call to Order Supervisor Ruggiero called the meeting to order at 7:34 PM. Attendee Name Or anization Title I status I Arrived Joseph Ruggiero Town of Wappinger Supervisor Present Robert Valdati Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present _Maureen McCarter Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present II. Public Portion 1. Motion To: suspend the rules for public comment on the agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati 2. Public Comments There were no comments from the public on the agenda items. 3. Motion To: reinstate the rules RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati III. Discussions A. Nussbickle Property- Al Roberts Supervisor Ruggiero opened the discussion at 7:35 PM. Attorney to the Town, Al Roberts, explained the details of the topic. Mr. Roberts had in his possession an original deed and title certification issued by Van Dewater & Van Dewater indicating there were no liens against the Greenfly Swamp property and that all taxes have been paid to date. He noted that Mr. Paggi, Engineer to the Town, has reviewed the environmental audit. Supervisor Ruggiero reminded the Board that this topic has been on the agenda for discussion earlier in the year. He then asked if there were any comments from the Board. Councilman Paoloni asked how the Town would be responsible for future liabilities that may arise. Mr. Roberts explained that environmental conservation law violations, such as hazardous materials issues, could be traced back to the original culprit. He went on to explain what a passive owner was and how this applied to the issue at hand. He also pointed out that the purpose of conducting the environmental audit was to determine the risk. Discussion followed. Supervisor Ruggiero closed the discussion at 7:41 PM. Town of Wappinger Page I Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 IV. Minutes Approval 1. Thursday, November 09t", 2006 2. Monday, November 13t", 2006 3. Monday, November 20t", 2006 Vote Record - Motion to accept the minutes of 11/09/06 11/13/06 and 11/20/06 and place them on the Yes/Aye No/Nay Abstain Absent Joseph Ruggiero____ Voter __ m ❑ ❑ll, ❑ Ef Adopted der G3 ❑ O ❑ ❑ Defeated ❑ e Vincent Bbert ettina _ Voter m ❑ ❑ _ 0 Withdrawn Maureen McCarthy Initiator ® ❑ ❑ ❑ Jose h Paoloni Voter m ❑ ❑ ❑ V. Discussions A. Escrow and Fee Local Law - David Stolman Supervisor Ruggiero opened the discussion at 7:42 PM. David Stolman, of Frederick P. Clark Associates, Inc., began by explaining that the Town Board adopted a Local Law back during the summer regarding recreation fees and escrow accounts. New items and clarifications are now being addressed and included in this Local Law. Mr. Stolman explained the updates beginning with the conceptual review fee section. He followed that by explaining the changes to the escrow account procedure and the amount collected for minor applications. Supervisor Ruggiero asked the Town Comptroller, Jean Gallucci, if she had an opportunity to review the Local Law that Mr. Stolman was discussing. Mrs. Gallucci replied that she had reviewed it and had comments, but did not have the material in her possession at that time. Supervisor Ruggiero asked if her comments would prohibit the Town from introducing the Local Law in final form later in the meeting. She answered that she did not think so. Supervisor Ruggiero asked if there were any further comments. There were none. The discussion was then closed at 7:46 PM. B. Chelsea River Front - Jay Paggi Supervisor Ruggiero opened the discussion at 7:46 PM. He explained that the Town Engineer, Jay Paggi, had submitted a report regarding the Chelsea River Front. He then asked Mr. Paggi to address the Board on this matter. Mr. Paggi looked at the preliminary survey map that was done by the applicant (Chelsea Yacht Club) in preparation of an application that was brought before the Planning Board in 1992. He commented that the areas depicted in the aerial map that was provided by Councilman Paoloni were somewhat incorrect in terms of square footage. The more critical point is that the area on the south end of the Chelsea Yacht Club property currently has its frontage along the Town road. It appeared to have a thin piece of land that connects it to the main parcel. Before that parcel was given to the Town, it would be important to make sure that this proposed partition would not be creating a land -locked parcel. Discussion followed. Councilman Bettina commented that, since this was within the Second Ward, he would like a sketch of what Mr. Paggi was talking about. Supervisor Ruggiero commented that the Town has been awarded a large amount of money in the form of a grant to do a local waterfront revitalization plan. He recommended that the committee look at that grant to see if it applied to what the Town was attempting to do at the boat ramp. Discussion followed. Supervisor Ruggiero closed the discussion at 7:54 PM. C. Revaluation Update - John Watch Supervisor Ruggiero stated that Mr. Watch would not be in attendance to discuss this topic tonight. The discussion would have to be rescheduled. D. Recycle Center - Chris Masterson Supervisor Ruggiero opened the discussion at 7:55 PM. He explained that, since the last Town Board Meeting in November, the Town Board has been working with the Town Highway Department to enforce the access issues to the recycle center. Recent changes include ensuring that the stickers are placed on the vehicle. Some residents are objecting to putting the stickers on the car. The supervisor is now looking at other options such as utilizing a photo ID as a means to enter the site. He then listed some of the restrictions and requirements that are being enforced. One of the solutions being considered is offering a One -Day Pass at a cost. This pass would be available for residents that do not want a sticker on their car or for residents of other towns. Councilman Paoloni commented that he had recommended that at a budget meeting. Town Highway Superintendent Graham Foster replied that there would be issues with that solution as well. Supervisor Ruggiero commented that the Town could come up with a list of every item that would be permitted to be dumped using a One -Day Pass. Mr. Foster commented that a resident disposing of just a refrigerator and an air condition would cost the Town $14.00. Town of Wappinger Page 2 Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 Supervisor Ruggiero replied that the Town could charge different fees for different items. Mr. Foster commented that he wasn't sure that the Town should be considering allowing outside residents access to the site. On a typical Saturday, 400-500 cars access the site. Councilman Paoloni stated that the Town may see a drop-off in volume with the heightened security. Mr. Foster replied that as the Town discusses the topic more, the residents hear about the service more. He claims "that the volume is increasing. Councilwoman McCarthy recommended that the Town initially only offer One -Day Passes to Town residents. Mr. Foster pointed out that there is an issue with vehicles registered to a residents company. Supervisor Ruggiero replied to that statement and pointed out the problems that arise in issuing a permit to vehicles registered to addresses or companies outside of the Town. He then discussed the problems that are still present in proving residency and also the problems involving household trash tickets. He pointed out that there is a lop -sided distribution in the amount of senior tickets in relation to the amount of regular tickets. Councilwoman McCarthy stated that a senior citizen may not be able to make the trip to the recycle center. That senior would have a son or daughter make the trip instead. A situation like this would explain some of the ratio disparity. Town Clerk Chris Masterson explained that the Town Clerk's Office no longer sells household trash tickets to relatives of senior citizens unless there is a doctor's letter on file stating that the senior citizen is physically unable to transport the trash or come in to buy the tickets. Mr. Foster gave an example of a situation in which a woman residing in the Town of Poughkeepsie comes to Wappinger to clean her father's house. She then brings the trash to the recycle center with the pink household trash tickets, but does not have a recycle center permit. Supervisor Ruggiero replied that she should not be granted access without a permit. He went on to say that senior citizens are passing the pink tickets to residents outside of the Town. Supervisor Ruggiero asked if there were any other comments. Councilman Bettina stated that he feels the Town should follow up with the vendors and see how it works. Supervisor Ruggiero replied that he has a list of "Frequently Asked Questions" prepared and will continue to work with the vendors. He then closed the discussion at 8:13 PM. E. Joint Assessor Agreement - Al Roberts Supervisor Ruggiero opened the discussion at 8:14 PM. Attorney to the Town, Al Roberts, began the discussion. On December 4`h, 2006, Mr. Roberts received the revised agreement concerning the CAP from the Town of Fishkill attorneys. The agreement re -confirms that the costs for the Joint Assessor will be split 50150 between the Town of Wappinger and the Town of Fishkill. Initially, the Joint Assessor will be using the Town of Fishkill vehicle, and the Town of Wappinger will reimburse the Town of Fishkill for 50% of the cost at the IRS rate. The Town of Wappinger will provide health coverage for the Joint Assessor, and the Town of Fishkill will reimburse the Town of Wappinger for 50% of the cost. The common expenses that are approved by both Boards will initially be paid by the Town of Wappinger. The Town of Fishkill will be billed for half of the costs and will reimburse the Town of Wappinger in June and December of each year. Supervisor Ruggiero explained that he would be meeting with Supervisor Pagones, Supervisor for the Town of Fishkill, later in the week. He believes that there are six applications for the position of Joint Assessor. They would discuss the interview process so that both Boards would be able to interview the applicants together. Supervisor Ruggiero then closed the discussion at 8:16PM. F. Healthcare Coverage - Jean Gallucci Supervisor Ruggiero opened the discussion at 8:16 PM. Every year, the Town goes out to bid for health care for the Town employees. Earlier in 2006, CDPHP was the low bidder. This allowed the Town employees a free option (CDPHP) with the option to pay into MVP or Empire. The Town is contractually obligated to have Empire and MVP coverage for the Town Highway employees. Those employees pay 20% of health care. The Town Comptroller went out to bid and CDPHP did not return a new rate. The Town expects an 18% increase in the CDPHP rate. The low bidder is now GHI. This would be the free option for Town employees. MVP and Empire would still be plans that the Town employees could opt to buy into. The Town also went out to bid for Dental coverage. The previous plan was not being covered in the area. MetLife turned out to be a better and more affordable plan. Councilman Paoloni pointed out that he had MetLife and was not pleased with the plan when it comes to customer service and other such aspects. Supervisor Ruggiero explained that there was an effort a few years back to have several of the Towns in the Southern Dutchess area purchase coverage as a block. The insurance companies blocked this effort. Councilman Bettina asked if it would be possible to try the same type of effort through the New York State Association of Towns. Discussion followed. Supervisor Ruggiero closed the discussion at 8:23 PM. Town of Wappinger Page 3 Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 VI. Resolutions RESOLUTION: 2006-242 Resolution Introducing Local Law No. of the Year 2007, Creating Article VII of Chapter 214 of the Town of Wappinger Code Entitled "Sidewalk Maintenance -Removal Of Snow and Ice and Debris" WHEREAS, both the Town Board and the Planning Board have committed to a program for requiring sidewalks to be constructed in various areas of the Town; and WHEREAS, once constructed, these sidewalks and all sidewalks which are already in existence must be appropriately maintained in order to provide for safe use by pedestrians; and WHEREAS, The Town Board has such determined that it is in the best interest of the residents of the Town as well as the pedestrian public utilizing the sidewalks, to enact a Local Law to provide for the prompt removal of snow and ice and debris from all sidewalks located in the Town of Wappinger by owners and occupants of the premises adjacent to or abutting those sidewalks; and WHEREAS, the enactment of this Local Law will mandate the prompt removal of snow and ice and debris from all sidewalks located in the Town and establish appropriate penalties and fines for the failure to abide by this Local Law; and WHEREAS, the Town Board has determined that it is in the best interest of the residents of the Town to create Article VII of Chapter 14 of the Town of Wappinger Code entitled "Sidewalk Maintenance- Removal of Snow and Ice and Debris". WHEREAS, the Town Board has determined that it is further necessary to amend Chapter 122 of the Town of Wappinger Code to reflect a fine and penalty schedule related to this Local Law; and WHEREAS, this 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) 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 2007 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 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 8t11 day of January 2007, 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: Vote Record - Resolution RES -2006-242 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter C:3 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator m ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 _ ❑ ❑ -- ❑ ❑ Tabled _....___. ❑ Withdrawn Maureen McCarthy _ _ Voter H w_ ❑ _ ❑ ❑ Joseph Paoloni Voter H ❑ ❑ ❑ Dated: Wappingers Falls, New York December 11th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-243 Resolution Introducing Local Law No. of the Year 2007, Amending Chapter 85 of the Town Code Known As the "Uniform and Energy Code" WHEREAS, it has come to the attention of the Town Board that recent amendments to Part 1203 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR) have been made which are to be effective as of January 1St, 2007; and Town of Wappinger Page 4 Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 WHEREAS, the Town Board has determined that the current Town Ordinance and Local Law for administering and enforcing the "Uniform Code and Energy Code" needs to be amended to reflect the amendments to Title 19 NYCRR Part 1203; 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 which will modify Local Law No. 10 of the Year 2006, Creating Chapter 85 of the Town Code by amending Chapter 85 of the "Uniform and Energy Code" by the insertion of a new section, §85-10 entitled "Inspections" in order to meet the requirements of the amendments to Title 19 NYCRR Part 1203; 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) 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 2007 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 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 8th day of January 2007, 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: ✓ Vote Record - Resolution RES -2006-243 1 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter El ❑ ❑ ❑ ❑ Adopted as Amended p Robert Valdati Voter ® ❑ ❑ -,- — ❑ — ❑ Defeated -- _ _ Vincent Bettina — — Inmator _._ ® - ❑ —�- ❑ ❑ Tabled Maureen McCarthy Seconder ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni "—'— Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 11th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-244 Resolution Introducing Local Law No. of 2007 Amending the Town of Wappinger Code Regarding Fees and Escrow Accounts WHEREAS, the Town Board of the Town of Wappinger has determined that Chapter 122, Fees and Fines, and Chapter 240, Zoning, of the Town of Wappinger Code should be amended so as to clarify and improve the Town Code provisions regarding escrow accounts for development projects (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. _ of 2007 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter is to remain in full force and effect and are otherwise ratified, readopted and confirmed. Town of Wappinger Page 5 Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. _ of 2007 for 7:30 PM on the 8h day of January, 2007 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2006-244 PROGRAM SALARY FUND Dawn Turpin Gymnastics, Dir. $25.00 hr A-7140.103 Marissa Bisaccia Gymnastics, Asst. Dir. Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ 11 ❑ Adopted as Amended Robert Valdati Seconder A-7140.103 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter P1 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator _ Cd ❑ ❑ ❑ A-7140.103 Mariah Doerr Joseph Paoloni Voter G3 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 11th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-245 Resolution Approving Gymnastics Program Employees and Salaries WHEREAS, the Town of Wappinger gymnastics program will begin on January 6th, 2006, and WHEREAS, the Recreation Department has requested that the following individuals be hired at the following salaries: NAME PROGRAM SALARY FUND Dawn Turpin Gymnastics, Dir. $25.00 hr A-7140.103 Marissa Bisaccia Gymnastics, Asst. Dir. $12.00 hr. A-7140.103 RETURNING INSTRUCTORS Suzi Chafetz Gymnastics $ 7.00 hr A-7140.103 Sami Dametta Gymnastics $ 7.00 hr A-7140.103 Mary Kate Gramuglia Gymnastics $ 7.00 hr A-7140.103 Nicole Sheremeta Gymnastics $ 7.00 hr A-7140.103 Alyson Spinelli Gymnastics $ 7.00 hr A-7140.103 NEW INSTRUCTORS Jessica Bender Gymnastics $ 6.75 A-7140.103 Rachal Boracci Gymnastics $ 6.75 A-7140.103 Mariah Doerr Gymnastics $ 6.75 A-7140.103 Stephanie Hanford Gymnastics $ 6.75 A-7140.103 Christina Mojica Gymnastics $ 6.75 A-7140.103 Gina Palazzolo Gymnastics $ 6.75 A-7140.103 Melissa Rose Gymnastics $ 6.75 A-7140.103 Alycia Serino Gymnastics $ 6.75 A-7140.103 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 following individuals are hereby hired at the following salaries: Town of Wappinger Page 6 Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 NAME PROGRAM SALARY FUND Dawn Turpin Gymnastics, Dir. $25.00 hr A-7140.103 Marissa Bisaccia Gymnastics, Asst. Dir. $12.00 hr. A-7140.103 RETURNING INSTRUCTORS Absent Suzi Chafetz Gymnastics $ 7.00 hr A-7140.103 Sarni Dametta Gymnastics $ 7.00 hr A-7140.103 Mary Kate Gramuglia Gymnastics $ 7.00 hr A-7140.103 Nicole Sheremeta Gymnastics $ 7.00 hr A-7140.103 Alyson Spinelli Gymnastics $ 7.00 hr A-7140.103 NEW INSTRUCTORS ❑ Jessica Bender Gymnastics $ 6.75 A-7140.103 Rachal Boracci Gymnastics $ 6.75 A-7140.103 Mariah Doerr Gymnastics $ 6.75 A-7140.103 Stephanie Hanford Gymnastics $ 6.75 A-7140.103 Christina Mojica Gymnastics $ 6.75 A-7140.103 Gina Palazzolo Gymnastics $ 6.75 A-7140.103 Melissa Rose Gymnastics $ 6.75 A-7140.103 Alycia Serino Gymnastics $ 6.75 A-7140.103 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2006.245 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ® ❑ ❑ Tabled Maureen McCarth y _ nitiator 0 ❑ - ❑ ❑ Withdrawn — Joseph Paoloni _ _ - Voter - 0 1 - ❑ _❑ ❑ - - ❑ Dated: Wappingers Falls, New York December 11th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-246 Resolution Authorizing Application to the New York State Office of Children Services and Family Services for Grant WHEREAS, the Town of Wappinger has submitted a grant application to the New York State Office of Children and Family Services (OCFS) for approval of the projects described in the Youth Development Delinquency Prevention, and WHEREAS, in submitting the application, it is agreed that: 1) The municipality will abide by OCFS as to the propriety of all expenditures upon which state aid is requested; 2) This project will be operated in compliance with the laws, rules, regulations, resolutions, and codes of the State of New York and pertinent political subdivisions; 3) No youth will be denied the services or facilities of this project because of race, creed, color, or sex; and 4) No fee will be charged for the programs supported by State funds. BE IT RESOLVED, that the Town Board of the Town of Wappinger herby authorizes that a grant application be made to the New York State Office of Children and Family Services (OCFS) for approval of the projects described in the Youth Development Delinquency Prevention Application on file with OCFS and the Dutchess County Youth Bureau. In submitting the application, it is agreed that: 1) The municipality will abide by OCFS as to the propriety of all expenditures upon which state aid is requested; 2) This project will be operated in compliance with the laws, rules, regulations, resolutions, and codes of the State of New York and pertinent political subdivisions; 3) No youth will be denied the services or facilities of this project because of race, creed, color, or sex; and 4) No fee will be charged for the programs supported by State funds. Town of Wappinger Page 7 Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 The foregoing was put to a vote which resulted as follows: ✓ "Vote Record - Resolution RES -2006-246 Yes/Aye No/Nay Abstain i Absent 0 Adopted Joseph Ruggiero Voter D ; ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator _ --. m _ -- _ ❑ _ W._ ❑ _ . __. ❑ ❑ Defeated �__ Vincent Bettina Voter __ m [1 _ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter G3 ❑ ❑ ❑ Joseph Paoloni Seconder l� O ❑ O Dated: Wappingers Falls, New York December 11th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-247 Resolution Authorizing Acceptance of Gift of Real Property WHEREAS, by letter dated May 3rd, 2006, Nussbickel Brothers Realty Company, a New York Partnership located at 205 Old Route 9, Fishkill (Town of Wappinger), New York, has offered to donate to the Town a 2.8 acre parcel of land on the West side of Route 9 in the Town of Wappinger, bordering the Green Fly Swamp; and WHEREAS, the Town Board has previously agreed to accept the land under certain conditions as more fully set forth in a prior Resolution which Resolution was adopted by the Town Board on May 22"d, 2006; and WHEREAS, the conditions set forth in the Resolution adopted on May 22"d, 2006 were to wit: A. A Phase I Environmental Audit certifying that there are no violations of any Federal, State or Local statute, rule, regulation or ordinance, relating to hazardous waste or other environmentally unsafe condition, or, in the event that such environmental audit discloses violations, that the Seller shall remove such violations prior to the transfer of title. In the event that any environmentally unsafe conditions are disclosed and the Seller is unable to remove them, the Town Board shall be under no obligation to accept title to subject premises. B. Nussbickel Brothers Realty Company granting authorization to the Town, or its agents, to conduct a Phase I Environmental Audit and, if necessary, a Phase I1 Environmental Audit. C. The title to the premises being transferred free and clear of any liens, encumbrances or defects; and WHEREAS, all of the conditions above referenced have been satisfied 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 conditions have been satisfied to the satisfaction of the Engineer to the Town and to the Attorney to the Town. 3. The Town Board hereby agrees to accept the gift of the 2.8 acre parcel owned by Nussbickel Brothers Realty Company located on the west side of US Route 9 and more particularly described on Schedule "A" attached hereto as Exhibit "A". 4. The Town Board hereby authorizes Supervisor Joseph Ruggiero to execute all documents necessary to effectuate the acceptance of this gift and further authorizes the Attorney to the Town to record the deed and all other necessary documents. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - ResolutionRES-2006-247 Yes/Aye No/Nay Abstain Absent ❑ Adopted Joseph Ruggiero Voter ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder E21❑ 11❑ 11 Defeated ❑ Tabled — — Vincent Bettina - Initiator _ _ l3 _ _ ❑ ❑ - ❑ ❑ Withdrawn Maureen McCarthy Voter G3 ❑ ❑ ❑ Jose h Paoloni Voter l� ❑ ❑ ❑ Dated: Wappingers Falls, New York December 11th, 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 8 Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 RESOLUTION: 2006-248 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, pursuant to Local Law No. 8 of the year 2006, the Town of Wappinger adopted Chapter 150 of the Town Code establishing a Coordinated Assessment Program between the Town of Wappinger and the Town of Fishkill; 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 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: ✓ Vote Record - Resolution RES -2006.24$ m Adopted — — Yes/Aye ! No/Nay _. Abstain Absent Jose U, Voter E El ❑ ❑ ❑ _ ❑ Adopted as Amended Robert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ® ,_ ❑ j ❑ ❑ ❑ Tabled Maureen McCarter 0 ❑ _ ` ❑ i ❑ ❑ Withdrawn Joseph p aoloni _Voter _..._,__ Initiator __ i 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 11th, 2006 The Resolution is hereby duly declared adopted. VII. Unanimous Consent 1. Motion To: add resolution 2006-249 and 2006-250 by unanimous consent RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Ruggiero, Supervisor SECONDER: Robert Valdati, Councilman . AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati Town of Wappinger Page 9 Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 RESOLUTION: 2006-249 Resolution Accepting Correspondence Log NOW, THEREFORE, BE IT RESOLVED, as follows: 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-2006-249 No/Nay Abstain Absent El Adopted _ . _.... _.... Joseph Ruggiero _ Voter _Yes/Aye ® - ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder m ❑ ❑ F ❑ Defeated Vincent Bettina Voter m ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Imtiator BI ❑ ❑ ❑ Joseph Paoloni Voter m ❑ ❑ ❑ Dated: Wappingers Falls, New York December 11th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-250 Resolution Adopting Health Care Policy WHEREAS, the Town Board wishes to establish a health care coverage policy for all employees not represented by a collective bargaining agreement and current retirees of the Town of Wappinger, and WHEREAS, the Town of Wappinger has offered health care coverage through MVP and the Empire Plan to all full time employees who are not represented by a collective bargaining unit, and WHEREAS, The Town Board has a fiduciary responsibility to seek bids for the most affordable health care coverage for its employees and retirees, and WHEREAS, the Town Board of the Town of Wappinger has found GHI-HMO the most affordable, and WHEREAS, the Town Board of the Town of Wappinger adopted a health care coverage policy as outlined in the Town of Wappinger Personnel Policy Manual on March 27th, 2006 as follows: 1) The Town Board offers a choice of paid health plans for eligible full-time employees. Whichever plan is selected will govern the coverage. 2) All full-time employees and their eligible family members will be provided health benefits under the available medical plan at no cost to the employees. 3) Those full-time employees declining medical coverage are eligible to receive a semi-annual reimbursement from the Town of 50% of the lower cost applicable plan payable on a pro -rated basis for the first year of employment and yearly thereafter. Payment shall be made in June and December. 4) 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% 5) 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 10 Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 Years of Service 10 to 14 years 15 to 19 years 20 to 24 years 25 or more years 6) 10 to 14 years 15 to 19 years 20 to 24 years Retiree Cost Individual Coverage Dependent Coverage 65% 80% 50% 40% 30% 65% 55% 50% Surviving spouses receiving health insurance coverage through an active or retired employee have the option to continue individual health insurance coverage with the Town of Wappinger on a contributory basis based on the following schedule: Individual Coverage Dependent Coverage 65% 80% 50% 65% 20 or more years 40% 55% 30% 50% WHEREAS, all current full-time town employees can receive GHI-HMO health insurance at no cost with the town paying 100% of the premiums, and WHEREAS, the premium cost of coverage for GHI-HMO, MVP and Empire varies greatly resulting in an inequity in funding by the Town per employee, and WHEREAS, the Town Board wishes to establish parity between employees in regards to health care coverage, and WHEREAS, the Town Board recognizes that certain employees may want to receive additional benefits beyond the standard coverage provided by GHI-HMO 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. All full-time employees not represented by a collective bargaining unit will have health care coverage available through GHI-HMO at no cost to the employee with the Town pay 100% of the premiums. 3. All full-time employees electing not to have GHI-HMO as their health care provider will have the option of selecting either MVP or the Empire Plan, with the employee contributing 15% and the town paying 85% of the premiums. 4. Any full-time employee electing to participate in MVP or the Empire Plan will be charged on a weekly basis with funds removed from their paycheck prior to payroll taxes being withheld. 5. Any full-time employee opting to have health care coverage through MVP or the Empire Plan and contribute 15% of the premium must make such selection in writing to the Comptroller's Office by December 22n , 2006. 6. Any employee wishing not to accept health care coverage through the Town of Wappinger must submit a written declination of health care to the Comptroller's Office. 7. 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% 8. 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% 25 or more years 30% 50% 9. No part-time employee shall receive health care coverage through the Town of Town of Wappinger Page II Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 Wappinger. 10. The foregoing resolution supersedes the health care policy adopted on March 27th, 2006, and is in effect January 1 st, 2007. The foregoing was put to a vote which resulted as follows: ✓ V,04 Record - Resolutions 00' 0 SECONDER: Robert Valdati, Councilman Yes/Aye No/Nay Abstain ; Absent ® Adopted Joseph RuggieroRrt Voter 0 ❑ ❑ ❑ Adopted as Amended _ ❑ Defeated Vmc nt Betttiina seconder ® ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen M_cCar_thy Initiator Cd ❑ ❑ ❑u Joseph Paoloni Voter j m�—� 00 D Dated: Wappingers Falls, New York December 11th, 2006 The Resolution is hereby duly declared adopted. VIII. New Business/ Comments 1. Councilman Paoloni new business Councilman Paoloni stated that he had a call from a resident that pertained to MVK. The neighbor was concerned and pointed out that the original legislation had been overturned. Councilman Paoloni asked for clarification. Supervisor Ruggiero began to explain and asked Mr. Roberts to verify. Mr. Roberts replied that there was a court approved settlement in the Supreme Court. "Buckley" appealed that decision and the court ruled to the extent that the stipulation exceeded the provisions of the Zoning ordinance - it was invalid - but didn't identify which sections of the Zoning ordinance were exceeded. It didn't make any sense because the stipulation was based on the original Planning Board approval from years prior. Mr. Roberts then recommended that the topic be discussed in executive session. He pointed out that MVK is in an "ag district" and would be subject to the new provisions that Mr. Stolman has prepared because it is a farm. Supervisor Ruggiero asked if Mr. Roberts was aware that the court had overturned the decision. Mr. Roberts replied that he was. The Supervisor then asked how long ago it was overturned. Mr. Roberts answered that it was years ago. Councilman Paoloni pointed out that the issue is that MVK is expanding further into Ketcham property. Mr. Roberts responded that he was not aware of what was happening on the site at the moment. Councilman Paoloni stated that he would like a response and an update on the situation. Mr. Roberts suggested that Mr. Stolman implement the new farming regulations and then proceed from there. Councilman Paoloni again asked that the Zoning Administrator, the Town Engineer or the Town Attorney look into the matter. IX. Executive Session 1. Motion To: to go into executive session at 8:40 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Valdati, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati B. Personnel Matter 2. Motion To: come out of executive session at 9:25 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Ruggiero, Supervisor SECONDER: Robert Valdati, Councilman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati Town of Wappinger Page 12 Printed 12/28/2006 Town Board Meeting Minutes December 11, 2006 X. Motion in Open Session 1. Motion To: suspend the employee named in executive session without pay for a period of 30 days RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati A Motion was made by Councilwoman McCarthy to suspend the Town employee named in executive session for a period of 30 days without pay, retroactive to November 27`h 2006. The motion was seconded by Councilman Paoloni and passed unanimously. XI. Adjournment 1. Motion To: adjourn at 9:27 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati The Meeting Adjourned at 9:27 PM. aogt= i1n C. Y4asterson Town Clerk Town of Wappinger Page 13 Printed 12/28/2006