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2007-01-22 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 January 22"d, 2007 7:30 PM Agenda — SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:30 PM Meeting called to order on January 22"d, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Public Hearings 1. Resolution Introducing Local Law Establishing the Salary of the Superintendent of Highways for Calendar Year 2007 III. Public Portion IV. Minutes Approval 1. Tuesday, January 02"d, 2007 V. Correspondence Log VI. Discussion A. Carnwath Rehabilitation — Don Swartz B. Chelsea Waterfront — Joe Paoloni C. Association of Towns D. Airport Drive Soccer Fields — Jay Paggi E. Chambers Re -zone - David Stolman VII. Resolutions 2007-37. 2007-39. 2007-40. 2007-41. Resolution Adopting Local Law Entitled "Local Law of the Year 2007 Establishing the Salary of the Superintendent of Highways for Calendar Year 2007" Subject to Permissive Referendum Resolution Authorizing Completion Change Order for Cedar Hill Pump Station Replacement Resolution to Authorize the Dial -A -Ride Contract Resolution to Authorize Entry into Dog Control Housing Agreement with Dutchess County SPCA Resolution Amending Salaries for Recreation Winter Program Employees 2007-42. Resolution Authorizing Correspondence Log VIII. New Business and Comments IX. Adjournment 11 Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson (845)297-5771 Monday, January 22nd, 2007 7:30 PM Town Hall I. Call to Order Supervisor Ruggiero called the meeting to order at 7:35 PM. Joseph Ruggiero Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman _. Present _ Vincent Bettina Town of Wappinger Councilman Absent Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Supervisor Ruggiero asked that the record reflect that Councilman Bettina called to inform the Supervisor that he would not be able to attend the Town Board Meeting due to his attending a funeral for a family member. II. Public Hearings Resolution Introducing Local Law Establishing the Salary of the Superintendent of Highways for Calendar Year 2007 Supervisor Ruggiero opened the Public Hearing at 7:37 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 a part thereof the Minutes of the Public Hearing). Supervisor Ruggiero asked if there was anybody in the audience that would like to comment on the Local. Law. There were no comments from the public. Councilwoman McCarthy made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. The Public Hearing was closed at 7:38 PM. RESULT. CLOSED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Town of Wappinger Page I Printed 2/9/2007 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 ESTABLISHING THE SALARY OF THE SUPERINTENDENT OF HIGHWAYS FOR THE CALENDAR YEAR 2007 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 January 5th, 2007, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law establishing the salary of the Superintendent of Highways for the calendar year 2007 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. -ponso - XMIN 0, Sworn o blefore me the day 2007 F Pohn C. , asterson Town Clerk Town of Wappinger MARIA GILBRIDE Notary Public, State of New York Rei. No. 01G15081374 Qualified in Dutchess County Comm►ssion Expues Nov. 3, all rougnKeepsie Journai Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie RECEDED FEB - 7 2007 TOWN CLERK Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle 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 2007 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one inser4v"Rs successively, in each week, commencing on the 5thday of Feb. in the year of 2007 and on the following dates thereafter, namely on: and ending on the day of in the year of 2007 -,both days inclusive. Subscribed and sworn to before me this � ' day of 5zo ► _n the year of 2007 MAUREEN CIESLIA! kRY PUB LIG ,Nj!g0f- 'i�r fission expires N0.0Jul QJ01403 QUALIFIED IN DU fCHESti CONINIISSOCI i ",a atarl!'Public SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 RECEN LED, FEB 2 2007 A-F-FFzcl,a%,-it c> -F P"to13catic>n To. WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #76259 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 02/07/07. Sworn to before me this 7th day of February, 2007 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County My commission expires on June 15, 2007 TOWN CLERK D Regular Meeting Minutes January 22, 2007 1. IV. L' V. VI. A. Public Portion Comments from the Public on the Agenda Items Supervisor Ruggiero opened the floor to the public for comment on the agenda items at 7:39 PM. There were no comments from the public. Minutes Approval Tuesday, January 02nd, 2007 ✓ Vote Record -Motion to accept #he:minntes°oigplt7 #nil! 1#tcet>�emG ale ` Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter ® ❑ ❑ ❑ ® Adopted William H. Beale Voter ® ❑ ❑ 11❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ El { ❑ Withdrawn Maureen McCarthy Initiator ® ❑ ❑ ❑ Joseph Paoloni Seconder ® ❑ ❑ ❑ Correspondence Log RESOLUTION: 2007-42 Resolution Authorizing Correspondence Log 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 - Re olntlon R> S4007-43 Yes/Aye ' No/Nay 1 Abstain Absent ® Adopted Joseph Ruggiero Voter ® f ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El { ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator ® , ❑ 1 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York January 22nd, 2007 The Resolution is hereby duly declared adopted. Discussion Carnwath Rehabilitation - Don Swartz Supervisor Ruggiero opened the discussion at 7:41 PM. He asked Mr. Don Swartz to address the Town Board about the progress that has been made in the repairs at Carnwath. Mr. Swartz distributed a written report to the members of the Board. Mr. Swartz first discussed page 2 of the report which covered the Master Plan. He had asked for, and has not yet been able to schedule, a meeting to determine to what extent he would be completing the Master Plan and what the goal of the project would be. Once that is established, he would be able to deliver the Master Plan in preliminary form. The next project was the Mansion Roof and Fascia Replacement. Initially, that project had been prepared under the guidance of the New York State Office of Parks Recreation and Historic Preservation (NYSOPRHP), with the possibility of getting a grant. When that option was no longer viable, the drawings were redefined and the language and requirements set forth by NYSOPRHP were removed from the drawings. An updated estimate has been provided to the Town. Currently, it is estimated that the project will exceed One Million Dollars. Supervisor Ruggiero clarified that the cost would be $950,000 in the "Statement of Probable Construction Cost" (new roof) and $133,700 for the QuES&T aspect of the project. He went on to ask if the project cost would increase 10-15% if the Town accepted the grant. Mr. Swartz replied that it would increase at least that much. There is a general contingency and a contingency for the component that is specifically being looked at. Supervisor Ruggiero replied that it would be 20- 30% then. Mr. Swartz confirmed. Discussion followed. Town of Wappinger Page 2 Printed 2/9/2007 Regular Meeting Minutes January 22, 2007 Mr. Swartz then moved on to discuss the Mansion First Floor Stabilization Project. He described the work that has been done so far, and what has been discovered as a result of that work. He also described setbacks which are costing time and money. It is now getting to the point that the Town may need to consider this "Emergency Work". Floors that are tied in to walls have the potential to cause the building to collapse when they give out. Supervisor Ruggiero asked if the Mansion would be usable again if the first floor was stabilized, the roof repaired correctly and access to the upper floors closed off. Mr. Swartz answered that it would be a platform to work from. If those things were done, the only other issue that would be a concern is the environmental issue. He recommends implementing the two projects, taking care of the minor drainage issues on the outside, letting the building dry out, and then making the evaluation for usage time lines. Discussion followed. Councilman Beale asked if the building was shored in every possible way to rule out the possibility of collapse. Mr. Swartz replied that the building was not stable at this point in time. Councilman Beale stated that this was a concern to him due to the fact that residents use the alley adjacent to the Mansion when they visit the Dutchess County Sports Museum. The last structural evaluation of the building was done over a year ago. Mr. Swartz recommended that the park be closed and another structural evaluation be conducted. The next topics discussed were the Mansion Porch Demolition and the Chapel Water Intrusion issue. Graham Foster, Highway Superintendent, pointed out that his crew could conduct some of the work to address the drainage issues. Supervisor Ruggiero approved Mr. Foster's recommendation to begin that work. Mr. Swartz went on to explain the work that had been done to the Chapel fascia, soffit, gutters and leaders. He then pointed out that the roof of the tunnel would need to be opened and evaluated. Discussion regarding those repairs followed. Mr. Swartz then discussed the Dormitory Building Water Intrusion topic. Using his photo slideshow as a reference, Mr. Swartz explained that the damage at the dormitory building is similar to what is occurring at the Chapel, but is much more severe. The gutters on the problem area are very inaccessible due to the height of the building in that area and the trees that are in the vicinity. Discussion about the Dormitory Building followed. Supervisor Ruggiero asked if the bucket truck that the Town just bought would reach the high points of the building. Mr. Foster replied that it would not reach that height and hasn't passed inspection yet. Councilwoman McCarthy asked if a gutter capping system would help keep debris out. Mr. Swartz replied that a "Gutter Helmet" would definitely help. He also mentioned that the water on a gravel roof is really moving and may overshoot the gutter. Next, Mr. Swartz discussed the Carriage House. There has been some temporary stabilization on the building as it falls apart. There are also some temporary shoring repairs done on the south side of the stair tower. The flashing has completely failed in that area. Water is starting to rot the pressure treated temporary repairs because of the extreme amount of water that gets into the building. Mr. Swartz pointed out that the condition of the building will soon be deteriorated beyond the perimeter of the temporary repairs that have already been made. In that case, the existing shoring would need to be moved back away from the leak. The building, he said, is in dire straits. Councilman Beale asked if the building was used by the Town for anything at the moment. Mr. Swartz replied that the Town uses that structure for storage area, most importantly for the Maintenance Department. The last project to discuss was the inside of the Chapel. Mr. Swartz stated that he had been asked to look at the potential for air conditioning the Chapel. The preliminary cost estimate to carry that out is approximately $250,000. Mr. Swartz concluded his presentation. Councilman Beale pointed out that the Town Board needs to act on this. He recommended the projects be put in order of priority and decided upon. He went on to recommend that the Board be notified of the time that Mr. Swartz would next be onsite so that they could be there. Supervisor Ruggiero agreed and asked if it could be scheduled for 9:00 AM Saturday morning. All in attendance agreed upon the date. Supervisor Ruggiero then closed the discussion at 8:26 PM. B. Chelsea Waterfront - Joe Paoloni Supervisor Ruggiero opened the discussion at 8:27 PM and turned the floor over to Councilman Paoloni. Councilman Paoloni reminded the Board that they have been talking about the Chelsea Waterfront since November, but it has been a topic of interest for nearly ten years. Councilman Paoloni again summarized the issue. In the Chelsea Yacht Club area, there are portions of Town property intermingled with Chelsea Yacht Club property. The yacht club has not been able to fully utilize their property because of the Town road that cuts through. He claimed that the yacht club could better utilize the waterfront, and the Town would have better use of the boat ramp, if certain areas were exchanged. Mr. Paoloni mentioned this issue in the newsletter that he sent out. One of the residents that received that newsletter happened to be the Commodore at the yacht club. He discussed the Town of Wappinger Page 3 Printed 2/9/2007 .11 Regular Meeting Minutes January 22, 2007 issue more in depth with the Commodore, who in turn discussed it with the members of the yacht club. The members of the yacht club discussed it as a group and shot the idea down. The issue is dead unless someone has better luck reaching out to the yacht club. Mr. Paoloni mentioned that he sent a final e-mail out to the Commodore, Mr. Gordon. Mr. Gordon was in the audience. The Supervisor asked Mr. Gordon if he had any information to share with the Board. Mr. Gordon explained that he was invited to the Board Meeting to listen. He was willing to listen to any proposal that the Town would present. Supervisor Ruggiero replied that he would contact Mr. Gordon to set up a meeting. Since there were no more comments, the discussion was closed by the Supervisor at 8:32 PM. C. Association of Towns Supervisor Ruggiero opened the discussion at 8:32 PM. He explained that, at the Reorganization Meeting on January 2°d, the Town Board, the Town Clerk, the Zoning Board, and the Planning Board were approved to attend the Association of Towns Conference. Since then, the employees of the Town have been submitting letters to the Town Board requesting permission to attend the conference. This is a deviation from what was planned for in the Budget. Supervisor Ruggiero asked that the Board decide how they would like to handle the requests. Councilwoman McCarthy asked what the additional financial impact would be. Supervisor Ruggiero replied that there are currently twelve people signed up. The cost per person is about $700.00. Councilwoman McCarthy asked how many other people were requesting to go. The Supervisor answered that there were five. Councilman Beale asked how many people would be going if the Town Board, the Planning Board, and the ZBA were all approved to go. Supervisor Ruggiero replied that the total would then be up to twenty. The Town didn't usually send entire boards to the conference though. Councilman Beale continued by stating that, if, by the Resolution that was already passed, nineteen employees could attend the conference, then, in his opinion, nineteen employees should be able to attend. If one member of a Board could not attend, he sees no reason why the Director of Code Enforcement shouldn't go in that persons place. Discussion followed. Supervisor Ruggiero closed the discussion at 8:41 PM. D. Airport Drive Soccer Fields - Jay Paggi Supervisor Ruggiero opened the discussion at 8:41 PM. Jay Paggi, Engineer to the Town, was prepared to discuss the progress on the planning for the soccer fields at Airport Drive. He has submitted correspondence that addresses the rebuilding of the fields using grass and/or field turf. He discussed the differences of the types of field and the differences in the prices of both field types. The difference would be in which type of field was laid down for "Field B". Supervisor Ruggiero pointed out that one of the options for financing was through the Town's Parkland Trust Fund. In addition, the soccer program wants to make a contribution of just over $100,000. There is currently $440,000 in the Parkland Trust Fund. In analysis of the 23 projects that are currently on the books, there are about five or six that have received final approval. The others are still before the Planning Board and it is hard to say which of those will go through to fruition. In Calendar Year 2007, Mr. Paggi expects that there will be approximately 150 lots that come on the board. That will consist of the first phase of Cranberry (60 lots), the Preserve Subdivision (51 lots), and a series of smaller subdivisions. In Calendar Year 2008, the only substantial batch of lots would be for the second phase of the Cranberry Project (60 lots). In Calendar Year 2009, phase three of the Cranberry Project and the Brookvale Subdivision would total about 110 lots. Discussion about the funding of the project continued. Councilwoman McCarthy asked Mr. Paggi what the best surface for the field in question would be. They discussed the fields in terms of wear and tear and turn -around time. Mr. Paggi answered that the field turf would make the management of the field much more efficient. Councilwoman McCarthy said that she is worried about the maintenance of the grass field. Mr. Paggi went on to say that, if the Town went with the Field Turf, the field could be up and running by Fall of 2007. He asked if the Board wanted the representatives from Field Turf to come to make another presentation. Councilwoman McCarthy asked that the representatives at least submit a memo addressing the Board's concerns. Discussion followed. Supervisor Ruggiero stated that the grass field is more sensitive to wet conditions and that the wet conditions wouldn't affect the field turf as much. Mr. Paggi replied that the proper drainage system would be installed with either field. It wouldn't be an issue like it is now. Supervisor Ruggiero asked if the Town should just install a sod field then. Mr. Paggi answered that he has been talking to the soccer club about this and they feel that, from a field management perspective, there should be one field turf field. Councilman Beale asked that the representatives be asked to return and update the Board. Supervisor Ruggiero asked Mr. Paggi to arrange the meeting for the Town Board Meeting on February 12th, 2007. Councilman Paoloni asked how other towns are sharing these costs. He mentioned that there were talks of a Joint Recreation program. Supervisor Ruggiero replied that Town of Wappinger Page 4 Printed 2/9/2007 Regular Meeting Minutes January 22, 2007 the Towns are working on setting up a Recreation Summit between Wappinger, East Fishkill and Fishkill. The towns have tried something similar over the years, but the school district was not in agreement. The school district was only interested in the school year. They did not want to make a commitment or provide resources during the summer. In other words, the school district basically wanted the towns to maintain the fields and use the fields only when it was convenient for the school district. Discussion followed. Supervisor Ruggiero closed the discussion at 9:03 PM. E. Chambers Rezone - David Stolman Supervisor Ruggiero opened the discussion at 9:03 PM and asked Mr. Chambers to tell the Board about his rezone application. Mr. Chambers stated that he had been working with real estate agents for the past couple of years in trying to sell his property. He has had 17-18 people look at the property and none of them would be interested in buying the property as a residential property. At this point, the property is not on the market. He is now looking to hold on to it and do something with it. He said that he thinks there are neighboring parcels designated "Hamlet Business". Supervisor Ruggiero asked if Mr. Chambers currently lived there. Mr. Chambers replied that he has lived there since 1981. Staying at this residence, for him, would depend on the outcome of the rezone application. The Supervisor asked David Stolman, Town Planner, if he had a chance to look at the application. Mr. Stolman answered that he just received the application and had briefly looked at it. Councilman Paoloni asked Mr. Stolman to point out the property on the map. Discussion followed. Mr. Chambers asked to point out that, of all the potential buyers of the property that he has dealt with, none wanted to significantly change the building or property. He also pointed out that there is a discrepancy between the designation of the parcel across the street on the zoning map and on the tax map. Mr. Stolman commented that the Chambers property was touching the HM zone. Supervisor Ruggiero asked what the proper way to proceed with this application would be. Mr. Stolman replied that, if the Town wanted to take this up, it would refer it to the Planning Board. It would also refer the application to the County because it is within 500 feet of a County road. The Town Attorney and Town Engineer would also need to look at it. Mr. Paggi stated that they would have to look at the allowable uses in the HM zone. Then you would determine if there were any uses that would put an onerous impact on the piece of property as compared to the existing zoning designation. Supervisor Ruggiero asked if the property would automatically be non -conforming if the zoning designation were to be changed to HM. Mr. Stolman and Mr. Paggi responded that that is something that would be looked at and reported back to the Board. Mr. Paggi commented that there was another option available and gave the following example. Under the HM zone there may be ten allowable uses. Of those ten uses, two might not be appropriate for the piece of property. If that were the case, the Town could enter into a contract re -zone with the property owner for those eight other allowable uses. Councilwoman McCarthy asked what would happen when the property was sold. The professionals present replied that it would be covenant to the property. Because of the small size of the property, a contract re -zone might be more suitable than a blanket re -zone. Supervisor Ruggiero brought up the matter regarding the application itself. He asked Mr. Stolman if the application was complete. Mr. Stolman answered that the application is incomplete. Supervisor Ruggiero notified Mr. Chambers that he needs to submit the complete application and then the completed application would be forwarded to Planning Board. Mr. Stolman added that Mr. Chambers must submit part 1 &2 (and part 3 if applicable) of the long form (Full EAF). Mr. Chambers said that he thought he had already submitted that. Mr. Stolman corrected him saying that he had only submitted the short form. Councilman Beale asked if the $1000.00 fee that Mr. Chambers had paid was for a variance. Supervisor Ruggiero replied that it was the standard re -zone application fee. He then asked if Mr. Chambers had any other questions. Mr. Chambers said that he didn't have any other questions and that he would stop in to get another form. The Town Clerk notified the Supervisor and Mr. Chambers that the application is available online. Since there were no other comments or questions, the discussion was closed at 9:16 PM. VII. Resolutions RESOLUTION: 2007-37 Resolution Adopting Local Law Entitled "Local Law #4 of the Year 2007 Establishing the Salary of the Superintendent of Highways for Calendar Year 2007" Subject to Permissive Referendum WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger which introduced for consideration of adoption a proposed Local Law entitled "Local Law of The Year 2007 Establishing the Salary of the Superintendent of Highways for Calendar Year 2007"; and Town of Wappinger Page 5 Printed 2/9/2007 Regular Meeting Minutes January 22, 2007 WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of the Town; and WHEREAS, a Public Hearing was held on January 22nd, 2007 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is reasonable, appropriate and in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts, subject to Permissive Referendum, the Local Law entitled "Local Law 4 of The Year 2007 Establishing the Salary of the Superintendent of Highways for Calendar Year 2007", a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED that the Town Clerk is directed to post and publish a Notice of Adoption of Local Law subject to Permissive Referendum in the form annexed hereto. The foregoing was put to a vote which resulted as follows: -/Vote Reeord - °Res6lgtlon RES -2007-37 Yes/Aye No/Nay 1 Abstain Absent 0 Adopted J os h Ru 'ero Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled Maureen McCarter ___ Initiator ® __ ❑_ ❑ ❑ ❑ Withdrawn Joseph Paoloni _. Voter — 0 i ❑ ❑ __.__,, Dated: Wappingers Falls, New York January 22nd, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 2/9/2007 LOCAL LAW NOA OF THE YEAR 2007 A Local Law entitled "Local Law No. 4 of the Year 2007, Establishing the Salary of the Superintendent of Highways for Calendar Year 2007." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger "Local Law No. 4 of the Year 2007, Establishing the Salary of the Superintendent of Highways for Calendar Year 2007", which Local Law shall revise the salary of the Superintendent of Highways salary, as set forth below. Section H: Legislative Intent: The Town Board recognizes that the annual salary of the Superintendent of Highways is not on par with the salaries to Highway Superintendents paid by neighboring municipalities with road systems of similar or less size than the Town of Wappinger and with Highway Departments having similar number of employees, duties and responsibilities as the Town of Wappinger. Accordingly, the Town Board has determined that it is reasonable and appropriate to increase the salary of the Town's Superintendent of Highways by the sum of $2,165.00 for Calendar Year 2007. Section III: Salary Increase: The annual salary of the Superintendent of Highways of the Town of Wappinger for the Calendar Year of 2007, is hereby increased by the sum of $2,165.00 from $72,167.00 to $74,332.00. Section IV: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Effective Date: This Local Law shall become effective forty-five (45) days after its adoption, unless a petition protesting against such Local Law has been filed within 45 days of its adoption, signed and authenticated as provided by Section 24 of the Municipal Home Rule Law of the State of New York, by qualified electors of the Town of Wappinger, registered to vote therein at the last preceding general election in number equal to at least Ten Percent (10%) of the total number of votes cast for Governor in the last gubernatorial election in the Town of Wappinger. In the event that a proper petition for referendum has been filed pursuant to Section 24 of the Municipal Home Rule Law, this Law shall become effective when it has been approved by the affirmative vote of a majority of the qualified electors of the Town of Wappinger voting on a proposition for its approval and the Local Law has been filed with the Secretary of State of the State of New York as provided by Municipal Home Rule Law. Regular Meeting Minutes January 22, 2007 RESOLUTION: 2007-38 Resolution Authorizing Completion Change Order for Cedar Hill Pump Station Replacement WHEREAS, Town Engineer Joseph E. Paggi has approved a Change Order for the Cedar Hill Road Pump Station Replacement as per a letter dated January 11th, 2007, a copy of which is attached hereto. 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 a change order dated January 5th, 2007 for the Cedar Hill Road Pump Station Replacement between the Town and Ben Ciccone Inc. in the amount of Four Thousand, Seven Hundred Seventy and 00/100 ($4,770.00) for the reasons set forth in the letter dated January 11th, 2007 from Joseph E. Paggi Engineering to the Town Board. The foregoing was put to a vote which resulted as follows: ✓� t3a,�trd «�T�ttoahS-�oa7�3s ecdrii'•Resolutioti �tE3-204'i 39. __ _ T Ye_s/Aye 1 No/Na�Abstain Absent Absent 0 Adopted Jose h Ru iero Voter ® �— ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina _. Voter ❑ ❑ ❑ _ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Joseph Paoloni Seconder ® ❑ ❑ ❑ Dated: Wappingers Falls, New York January 22nd, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-39 Resolution to Authorize the Dial -A -Ride Contract WHEREAS, the Town has previously entered into Agreements with Dutchess County to provide a joint service transportation system for senior citizens and handicapped individuals; and WHEREAS, said Agreement has been amended and extended from time to time; and WHEREAS, the Town has been presented with a proposal to provide such joint transportation service for calendar year 2007 as set forth in a proposed Extension and Amendment Agreement, a copy of which is attached hereto, made a part hereof, marked and designated as Exhibit "I"; and WHEREAS, the Town desires to extend the term of said Agreement for an additional period of one (1) year for the calendar year 2007 as set forth in Exhibit "1" NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the terms and conditions set forth and contained in the Extension and Amendment Agreement attached hereto as Exhibit" 1", to provide a joint transportation service system for senior citizens and handicapped individuals and agrees to pay the sum of Thirty Nine Thousand, Nine Hundred and Fifteen Dollars 84/100 ($39,915.84) for such service. BE IT FURTHER RESOLVED, that the Supervisor of the Town is hereby authorized and directed to execute the Extension and Amendment Agreement, a copy of which is affixed hereto as Exhibit "1" by and on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Yu �` ecdrii'•Resolutioti �tE3-204'i 39. __ _ T Y_ WA_ye No/Nay_ Abstain Absent ® Adopted Jose h Ru 'ero Voter m ❑ 1-1 13 Adopted as Amended William Beale �^ Imriator _� m� ❑ !�— ❑ ❑ ❑ 0 Defeated---..—___,_ Vincent Bettina __ Voter ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter El ❑ ❑ Joseph Paoloni Seconder ® ❑ ❑ ❑ Town of Wappinger Page 7 Printed 2/9/2007 Regular Meeting Minutes January 22, 2007 Dated: Wappingers Falls, New York January 22nd, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-40 Resolution to Authorize Entry into Dog Control Housing Agreement with Dutchess County SPCA WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law § 118; and WHEREAS, dogs seized by the Town Dog Control officer are required to be properly sheltered, fed and watered during the redemption period according to Agriculture and Markets Law § 118 (3); and WHEREAS, the Dutchess County Society for the Prevention of Cruelty to Animals (hereinafter DCSPCA) maintains a kennel for boarding of dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York 12538; and WHEREAS, in accordance with Agriculture and Markets Law § 115(2), the Town Board wishes to contract with DCSPCA to provide shelter for dogs seized by the Town Dog Control Officer; and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with DCSPCA to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, DCSPCA has been presented the Town with a Dog Control Housing Agreement dated January 1St, 2007, a copy of which is attached hereto, made a part hereof, marked and designated as Exhibit "1' ; and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as set forth in Exhibit "l". 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 approves the Dog Control Housing Agreement dated January 1St, 2007, in the form attached hereto as Exhibit "1" and made part hereof and authorizes and directs the Supervisor to execute the agreement by and on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ vote Record Resolution RLS12a0T-40 Yes/A� No/Nay ( Abstain_ Absent -- 0 Adopted® Joseph Romero Voter i — ❑ 1 . _ ❑ ❑_ ❑ Adopted as Amended William Beale _ Voter ® ❑ ❑ ❑ ❑ Defeated —--- Bettina —Voter _❑ _� ❑_ �� ❑ ❑ Tabled _Vincent Maureen McCarth Initiator ® ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder ® ❑ ❑ _ ❑ Dated: Wappingers Falls, New York January 22nd; 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-41 Resolution Amending Salaries for Recreation Winter Program Employees WHEREAS, at the December 11th, 2006 meeting of the Town of Wappinger Town Board, the Town Board adopted Resolution 2006-245 setting the salaries for the Recreation Winter Program employees, and WHEREAS, the minimum wage rate has increased to $7.15 per hour effective January 1St, 2007, and WHEREAS, the salaries for the winter program employees must be amended based on the new minimum wage rate NOW THEREFORE, BE IT RESOLVED that the salaries for the recreation winter program are set as follows: NAME PROGRAM SALARY FUND Dawn Turpin Gymnastics, Dir. $25.00 hr A-7140.103 Town of Wappinger Page 8 Printed 2/9/2007 Regular Meeting Minutes January 22, 2007 Marissa Bisaccia Gymn. Asst. Dir. Suzi Chafetz Gymnastics Sami Dametta Gymnastics Mary Kate Gramuglia Gymnastics Nicole Sheremeta Gymnastics Alyson Spinelli Gymnastics Jessica Bender Gymnastics Rachal Boracci Gymnastics Mariah Doerr Gymnastics Stephanie Hanford Gymnastics Christina Mojica Gymnastics Gina Palazzolo Gymnastics Melissa Rose Gymnastics Alycia Serino Gymnastics Jeffery Pomeisl Boys & Girls Basketball Matt Pomeisl Boys & Girls Basketball Rosemary DiGennaro Aerobics Walter Leczinski Volleyball $12.00 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $ 7.15 hr A-7140.103 $25.00 hr A-7140.105 $25.00 hr A-7140.105 $40.00 hr A-7140.104 $30.00 hr A-7140.106 The foregoing was put to a vote which resulted as follows: ✓ Vote Reeord - Resolution RES400741 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York January 22nd, 2007 The Resolution is hereby duly declared adopted. VIII. New Business and Comments 1. Councilman Beale New Business Councilman Beale explained that he had received an email from a resident in the second ward concerning a religious structure in the 2nd Ward. The resident's concern is that there is a significant amount of traffic on Saturday and Sunday. Mr. Beale stated that the Town should make sure that the building is not over -occupied at those times. Supervisor Ruggiero replied that the Town was aware of this issue, specifically the Zoning Administrator and Fire Inspector. The Fire Inspector, Mark Liebermann, was asked to verify the occupancy of the building. There are two parking issues as well. There is a "no parking" area on Ketchamtown Road, 500 feet off of Osborne Hill Road. The building is 900 feet from Osborne Hill Road. In regards to the resident's issue about parking on the road, the Supervisor pointed out that it is a public road and the Town cannot prohibit parking there except in the case of the snow ordinance. Councilman Beale then brought up problems with Town e-mail addresses. He stated that Councilman Bettina was not aware that his e-mail was not working. He then asked if the Town was aware of other e-mail addresses that were not working. Discussion followed. Mr. Beale stated that he had heard about a meeting that was going to take place including the Town's website administrator. He asked to be included in that meeting. He had a list of concerns and discrepancies that he would like addressed. His next topic for new business involved street numbers in the Sunset Trailer Home. He (Hughsonville Fire Department) responded to an emergency involving an unconscious woman. When the first responders arrived, they noticed that the units were numbered incorrectly. He asked if the Town had any jurisdiction in regulating the numbering of these units. George Kolb, Director of Code Enforcement, replied that what usually happens is that he will receive a report from the Fire Chief. For example, the same issue had recently occurred in the Tuscany Subdivision. Mr. Kolb's department would then notify County 911. County 911 would confirm the correct address and Mr. Kolb would notify the property owner. He added that the trailer parks are typically very confusing. Councilman Beale's last topic was about the defibrillator that was kept in the kitchen at the Town Hall. He pointed out that the kitchen is not open at all times. He then recommended that the defibrillator be moved to lobby area. Supervisor Ruggiero replied that it would be Town of Wappinger Page 9 Printed 2/9/2007 LTJ Regular Meeting Minutes January 22, 2007 moved. He added that the Town was going to have its CPR training again during the next month. 2. Councilwoman McCarthy New Business Councilwoman McCarthy informed the Board that she had received an e-mail from a resident that expressed interest in having the Town open a dog park. She stated that she thinks this would be worthwhile to talk about at a future Town Board Meeting. She then gave a brief description of what a dog park is. Councilwoman McCarthy then thanked the Board for their support over the past few weeks. 3. Councilman Paoloni New Business 4. IX. 1. 3. Councilman Paoloni asked for whom the CPR training was open to. Supervisor Ruggiero replied that it was primarily for Town employees. Next, he asked for an update about the Gaslands property. He wanted to know if an auto repair shop would be good for that spot. Supervisor Ruggiero answered that the owner has received the necessary variances from the Zoning Board of Appeals. He is in the process of making an application and is working on bringing something into that site. Councilman Paoloni stated that he had someone that was interested in opening a shop on that property. Supervisor Ruggiero informed Councilman Paoloni that he should have that person call the property owner. The next topic mentioned by Councilman Paoloni was in regards to Cider Mill Loop. He pointed out that water is coming across the road and freezing. He asked if the Town was aware of the situation. Graham Foster, Town Highway Superintendent, and Jay Paggi, Town Engineer, replied that they fixed the front part of the hill. Mr. Foster explained that he fixes each problem as it arises, but is not sure where the water that he is talking about is coming from. Supervisor Ruggiero asked if there could be a leak. Mr. Foster and Mr. Paggi replied that they did not think so. Discussion followed. The last item brought up by Councilman Paoloni was the issue regarding 22 Gold Road. The house is on a bend on Gold Road. The resident mentioned to Councilman Paoloni that people are coming around the bend and ending up on the resident's yard. He asked if a yellow curve warning sign could be placed at the curb. Mr. Foster replied that he could install a sign but it would not do any good. Discussion followed. Supervisor Ruggiero asked Mr. Paggi to conduct a study to see if a sign is needed on this curve. Councilwoman McCarthy New Business Councilwoman McCarthy asked to follow up on the water issue at Nicole Drive. She asked if there has been any more flooding. Graham Foster, Highway Superintendent, replied that the major issue was caused by a laborer that blocked the flow of water. Jay Paggi, Town Engineer, added that he has been out there during the last few rain storms and it has not happened again. Executive Session Motion To: go into executive session to discuss the Absolute Property issue at 9:38 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina B. Absolute Properties Motion To: come out of executive session at 9:57 PM Town of Wappinger Page 10 Printed 2/9/2007 Regular Meeting Minutes January 22, 2007 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina X. Adjournment 1. Motion To: adjourn at 9:57 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina The Meeting Adjourned at 9:57 PM. ack� J n C. asterson Town Clerk LT Town of Wappinger Page 11 Printed 2/9/2007